Exceptions Permitting Closed Sessions

Citation to Section  
2(c)(1) The appointment, employment compensation, discipline, performance, or dismissal of specific employees of the public body, including hearing testimony on a complaint lodged against an employee to determine its validity.
2(c)(2) Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees.
2(c)(3) The selection of a person to fill a public office, as defined in the Open Meetings Act, including a vacancy in a public office, when the public body is given power to appoint under law or ordinance, or the discipline, performance, or removal of the occupant of a public office when the public body is given power to remove the occupant under law or ordinance.
2(c)(4) Evidence or testimony presented in open hearing, or in closed hearing where specifically authorized by law, to a quasi-adjudicative body, as defined in the Open Meetings Act, provided that the body prepares and makes available for public inspection a written decision setting forth its determinative reasoning.
2(c)(5) The purchase or lease of real property for the use of the public body.
2(c)(6) The setting of a price for sale or lease of property owned by the public body.
2(c)(7) The sale or purchase of securities, investments, or investment contracts.
2(c)(8) Emergency security procedures and the use of personnel and equipment to respond to actual danger to the safety of employees, students, staff, or public property, provided that a description of the actual danger shall be made a part of the motion to close the meeting.
2(c)(11) Litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.
2(c)(12) The establishment of reserves or settlement of claims as provided in the Local Governmental and Governmental Employees Tort Immunity Act, if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice, or communications from or with respect to any insurer of the public body or any intergovernmental risk management association or self insurance pool of which the public body is a member.
2(c)(15) Professional ethics or performance when considered by an advisory body, appointed to advise a licensing or regulatory agency on matters germane to the advisory body’s field of competence.
2(c)(16) Self evaluation, practices and procedures, or professional ethics, when meeting with a representative of a statewide association of which the public body is a member.
2(c)(21) Discussion of minutes of meetings lawfully closed under the Open Meetings Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06 of the Open Meetings Act.

* The exceptions listed are those applicable to public libraries in the words of the statute. Other exceptions may apply to other forms of governmental bodies. Although stricken by statutory amendment, we believe a constitutional exception continues to exist permitting closed session to consult with an attorney on privileged matters.

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