Ā§92-9Ā  Minutes.Ā  (a)Ā  The board shallkeep written minutes of all meetings.Ā  Unless otherwise required by law,neither a full transcript nor a recording of the meeting is required, but thewritten minutes shall give a true reflection of the matters discussed at themeeting and the views of the participants.Ā  The minutes shall include, but neednot be limited to:

(1)Ā  The date, time and place of the meeting;

(2)Ā  The members of the board recorded as eitherpresent or absent;

(3)Ā  The substance of all matters proposed, discussed,or decided; and a record, by individual member, of any votes taken; and

(4)Ā  Any other information that any member of theboard requests be included or reflected in the minutes.

(b)Ā  The minutes shall be public records andshall be available within thirty days after the meeting except where suchdisclosure would be inconsistent with section 92-5; provided that minutes ofexecutive meetings may be withheld so long as their publication would defeatthe lawful purpose of the executive meeting, but no longer.

(c)Ā  All or any part of a meeting of a boardmay be recorded by any person in attendance by means of a tape recorder or anyother means of sonic reproduction, except when a meeting is closed pursuant tosection 92-4; provided the recording does not actively interfere with theconduct of the meeting. [L 1975, c 166, pt of Ā§1]

 

Attorney General Opinions

 

Ā  This section andĀ§Ā§92-1 and 92-7 require commission to specify subject matter of items on publicmeeting agenda; agency responsible to make its minutes available to public.Ā Att. Gen. Op. 85-2.

Ā  This section andĀ§92-5(a)(2) read together permit board and commission members to disclose somematters deliberated or decided in executive session, but they cannot disclosematters which would be inconsistent with Ā§92-5(a)(2), i.e., matters affectingprivacy of individuals under consideration for hire and they must maintain thisconfidentiality for as long as disclosure would defeat purpose of convening theexecutive meeting.Ā  Att. Gen. Op. 94-1.

 

Case Notes

 

Ā  In a suit deciding whether disclosure of county councilexecutive session minutes was required, circuit court properly found that bothchapter 92F and this chapter applied; if the meeting met an exception to theopen meeting requirements put forth in this chapter, such as an exceptionenumerated in Ā§92-5, the council was not required to disclose the minutes ofthat meeting to the public; if the meeting did not fall under such anexception, the council was required to disclose the minutesĀ  pursuant to thissection and Ā§92F-12.Ā  120 H. 34 (App.), 200 P.3d 403.