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Agenda - 11-10-94 - III
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Agenda - 11-10-94 - III
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11/8/2016 3:09:24 PM
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BOCC
Date
11/10/1994
Meeting Type
Work Session
Document Type
Agenda
Agenda Item
III
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Minutes - 19941110
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\Board of County Commissioners\Minutes - Approved\1990's\1994
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3 <br /> Investigations. Closed sessions continue to be permitted to conduct or hear reports about <br /> investigations of alleged criminal activity. <br /> Probably the two most important provisions that have permitted closed sessions that were <br /> not continued by Chapter 570 are that permitting discussion of site selection for government <br /> projects and that permitting discussion of independent contractors. <br /> Closed session procedures. The amended law continues the requirement that a public <br /> body go into closed session only after voting to do so in open session. For two of the subjects, <br /> however, the motion to hold the closed session must be more detailed than has been the case. <br /> First, if the closed session is to consider confidential information or information in records not <br /> subject to the public records law, the motion must cite the law that makes the information <br /> confidential or that exempts the record from the public records law. Second, if the closed session <br /> is to discuss pending litigation, the motion must name the parties to the litigation. <br /> Closed session minutes. The amended law requires that public bodies keep "full and <br /> accurate" minutes of all closed sessions. This does not mean, however, that these minutes must <br /> summarize everything that is said at closed sessions. The phrase "full and accurate minutes" is <br /> used in G.S. Chapters 153A and 160A to state the requirement that city councils and boards of <br /> county commissioners keep minutes of all their meetings, and in those two contexts the phrase has <br /> a well-accepted meaning That meaning is that the minutes must show any actions taken and any <br /> conditions, such as the presence of quorum, necessary to take action, but that they need not show <br /> any more. Therefore, unless a public body takes action in a closed session, "full and accurate" <br /> minutes need only show that the closed session has taken place. If action has been taken, the law <br /> continues to permit a public body to seal the minutes if necessary to avoid frustrating the purpose <br /> of the closed session. <br /> Attorneys fees. The open meetings law has required the court in any action to enforce <br /> the law to award attorneys fees to the prevailing party. The amendments make the award of <br /> attorneys fees optional with the court. They go on to permit the court to require that any <br /> attorneys fees awarded be paid personally by members of the public body, rather than by the <br /> government that they represent. In order for an award to be made against individuals, the court <br /> must find that they knowingly or intentionally committed the violation. If the public body acted <br /> upon the advice of an attorney, no such personal award can be made. <br /> • <br /> • <br />
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