When can a public body meet in Executive Session?

While all meetings of public bodies must be open to the public, certain topics may be discussed in executive, or closed, session. Before going into an executive session, the chair of the public body must first:

  • Convene in open session;
  • State the reason for the executive session, stating all subjects that may be revealed without compromising the purpose for which the executive session was called;
  • State whether the public body will reconvene in open session at the end of the executive session; and
  • Take a roll call vote of the body to enter executive session.

Where a public body member is participating in an executive session remotely, the member must state at the start of the executive session that no other person is present or able to hear the discussion at the remote location. The public body may authorize, by a simple majority vote, the presence and participation of other individuals at the remote participant's location.

While in executive session, the public body must keep accurate records, all votes taken must be recorded by roll call, and the public body may only discuss matters for which the executive session was called.

The law states ten specific purposes for which an executive session may be held and emphasizes these as the only reasons for which a public body may enter executive session.