Agenda - 11-10-94 - III - Laserfiche WebLink

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