§92-9  Minutes.  (a)  The board shall
keep written minutes of all meetings.  Unless otherwise required by law,
neither a full transcript nor a recording of the meeting is required, but the
written minutes shall give a true reflection of the matters discussed at the
meeting and the views of the participants.  The minutes shall include, but need
not be limited to:



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



(2)  The members of the board recorded as either
present or absent;



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



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



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



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



 



Attorney General Opinions



 



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



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



 



Case Notes



 



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