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

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IV. Motions for Closed sessions. Chapter 570 retains the requirement that a closed session be held "upon a motion duly made and adopted at an open meeting." The bill also, however, adds two additional requirements with • respect to motions calling for closed sessions for purposes related to privileged or confidential information (III A. above) and attorney-client consultation (III C. above). The bill requires that a motion to close a meeting because of privilege or confidentiality "also state the name or citation of the law that renders the information to be discussed privileged or confidential." This requirement is particularly cumbersome because the use of the word"law" in the authorization subdivision contemplates common law, thus making citation particularly difficult for a member of a public body making a motion based on this provision. The bill also requires that a motion to go into closed session to consult with an attorney in order to, preserve the attorney-client privilege "identify the parties in each existing lawsuit concerning which the public body expects to receive advice during the closed session." Since the closed session provision is not restricted to discussion of "existing lawsuits," this motion requirement only makes sense when a specific existing g lawsuit is to be the subject of discussion. V. Attorneys' fees and other remedies. Prior to passage of Chapter 570, the Open Meetings law permitted a court to award a prevailing party reasonable attorneys' fees. The 1994 amendments provide "The court may order that all or any portion of any fee as assessed be paid personally by any individual member or members of the public body found by the court to have knowingly or intentionally committed the violation; provided, that no order against any individual member shall issue in any case where the public body or that individual member seeks the advise of an attorney, and such advice is followed." These provisions apply in actions brought under G.S. 143-318.16 (seeking injunctive relief through mandatory or prohibitory injunctions) or under G.S. 143-318.16A providing for actions seeking to declare a public body's action null and void based on a declatory judgement that the action "was taken, considered, discussed, or deliberated in violation of this Article." Chapter 570 also provides that actions brought under G.S. 143-318.16 or -318.16A "shall be set down for immediate hearing, and subsequent proceedings in such actions shall be accorded priority by the trial and appellate courts."