§ 10-508. Closed sessions permitted

   (a) In general. -- Subject to the provisions of subsection (d) of this section, a public body may meet in closed session or adjourn an open session to a closed session only to:

   (1) discuss:

      (i) the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; or

      (ii) any other personnel matter that affects 1 or more specific individuals;

   (2) protect the privacy or reputation of individuals with respect to a matter that is not related to public business;

   (3) consider the acquisition of real property for a public purpose and matters directly related thereto;

   (4) consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State;

   (5) consider the investment of public funds;

   (6) consider the marketing of public securities;

   (7) consult with counsel to obtain legal advice;

   (8) consult with staff, consultants, or other individuals about pending or potential litigation;

   (9) conduct collective bargaining negotiations or consider matters that relate to the negotiations;

   (10) discuss public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including:

      (i) the deployment of fire and police services and staff; and

      (ii) the development and implementation of emergency plans;

   (11) prepare, administer, or grade a scholastic, licensing, or qualifying examination;

   (12) conduct or discuss an investigative proceeding on actual or possible criminal conduct;

   (13) comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter; or

   (14) before a contract is awarded or bids are opened, discuss a matter directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process.

(b) Limitation. -- A public body that meets in closed session under this section may not discuss or act on any matter not permitted under subsection (a) of this section.

(c) Construction. -- The exceptions in subsection (a) of this section shall be strictly construed in favor of open meetings of public bodies.

(d) Vote; written statement. --

   (1) Unless a majority of the members of a public body present and voting vote in favor of closing the session, the public body may not meet in closed session.

   (2) Before a public body meets in closed session, the presiding officer shall:

      (i) conduct a recorded vote on the closing of the session; and

      (ii) make a written statement of the reason for closing the meeting, including a citation of the authority under this section, and a listing of the topics to be discussed.

   (3) If a person objects to the closing of a session, the public body shall send a copy of the written statement required under paragraph (2) of this subsection to the Board.

   (4) The written statement shall be a matter of public record.

   (5) A public body shall keep a copy of the written statement made under paragraph (2)(ii) of this subsection for at least 1 year after the date of the session.

HISTORY: An. Code 1957, art. 76A, § 11; 1984, ch. 284, § 1; 1991, ch. 655; 2004, ch. 440.