State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-318_11

§ 143‑318.11.  Closed sessions.

(a)        Permitted Purposes. – It is the policy of this State thatclosed sessions shall be held only when required to permit a public body to actin the public interest as permitted in this section. A public body may hold aclosed session and exclude the public only when a closed session is required:

(1)        To prevent the disclosure of information that is privilegedor confidential pursuant to the law of this State or of the United States, ornot considered a public record within the meaning of Chapter 132 of the GeneralStatutes.

(2)        To prevent the premature disclosure of an honorary degree,scholarship, prize, or similar award.

(3)        To consult with an attorney employed or retained by thepublic body in order to preserve the attorney‑client privilege betweenthe attorney and the public body, which privilege is hereby acknowledged.General policy matters may not be discussed in a closed session and nothingherein shall be construed to permit a public body to close a meeting that otherwisewould be open merely because an attorney employed or retained by the publicbody is a participant. The public body may consider and give instructions to anattorney concerning the handling or settlement of a claim, judicial action,mediation, arbitration, or administrative procedure. If the public body hasapproved or considered a settlement, other than a malpractice settlement by oron behalf of a hospital, in closed session, the terms of that settlement shallbe reported to the public body and entered into its minutes as soon as possiblewithin a reasonable time after the settlement is concluded.

(4)        To discuss matters relating to the location or expansion ofindustries or other businesses in the area served by the public body, includingagreement on a tentative list of economic development incentives that may beoffered by the public body in negotiations. The action approving the signing ofan economic development contract or commitment, or the action authorizing thepayment of economic development expenditures, shall be taken in an opensession.

(5)        To establish, or to instruct the public body's staff ornegotiating agents concerning the position to be taken by or on behalf of thepublic body in negotiating (i) the price and other material terms of a contractor proposed contract for the acquisition of real property by purchase, option,exchange, or lease; or (ii) the amount of compensation and other material termsof an employment contract or proposed employment contract.

(6)        To consider the qualifications, competence, performance,character, fitness, conditions of appointment, or conditions of initialemployment of an individual public officer or employee or prospective publicofficer or employee; or to hear or investigate a complaint, charge, or grievanceby or against an individual public officer or employee. General personnelpolicy issues may not be considered in a closed session. A public body may notconsider the qualifications, competence, performance, character, fitness,appointment, or removal of a member of the public body or another body and maynot consider or fill a vacancy among its own membership except in an openmeeting. Final action making an appointment or discharge or removal by a publicbody having final authority for the appointment or discharge or removal shallbe taken in an open meeting.

(7)        To plan, conduct, or hear reports concerning investigationsof alleged criminal misconduct.

(8)        To formulate plans by a local board of education relating toemergency response to incidents of school violence.

(9)        To discuss and take action regarding plans to protect publicsafety as it relates to existing or potential terrorist activity and to receivebriefings by staff members, legal counsel, or law enforcement or emergencyservice officials concerning actions taken or to be taken to respond to suchactivity.

(b)        Repealed by Session Laws 1991, c. 694, s. 4.

(c)        Calling a Closed Session. – A public body may hold a closedsession only upon a motion duly made and adopted at an open meeting. Every motionto close a meeting shall cite one or more of the permissible purposes listed insubsection (a) of this section. A motion based on subdivision (a)(1) of thissection shall also state the name or citation of the law that renders theinformation to be discussed privileged or confidential. A motion based onsubdivision (a)(3) of this section shall identify the parties in each existinglawsuit concerning which the public body expects to receive advice during theclosed session.

(d)        Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 570, s.2. (1979, c. 655, s. 1; 1981, c. 831; 1985 (Reg. Sess.,1986), c. 932, s. 5; 1991, c. 694, ss. 3, 4; 1993 (Reg. Sess., 1994), c. 570,s. 2; 1995, c. 509, s. 84; 1997‑222, s. 2; 1997‑290, s. 2; 2001‑500,s. 2; 2003‑180, s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-318_11

§ 143‑318.11.  Closed sessions.

(a)        Permitted Purposes. – It is the policy of this State thatclosed sessions shall be held only when required to permit a public body to actin the public interest as permitted in this section. A public body may hold aclosed session and exclude the public only when a closed session is required:

(1)        To prevent the disclosure of information that is privilegedor confidential pursuant to the law of this State or of the United States, ornot considered a public record within the meaning of Chapter 132 of the GeneralStatutes.

(2)        To prevent the premature disclosure of an honorary degree,scholarship, prize, or similar award.

(3)        To consult with an attorney employed or retained by thepublic body in order to preserve the attorney‑client privilege betweenthe attorney and the public body, which privilege is hereby acknowledged.General policy matters may not be discussed in a closed session and nothingherein shall be construed to permit a public body to close a meeting that otherwisewould be open merely because an attorney employed or retained by the publicbody is a participant. The public body may consider and give instructions to anattorney concerning the handling or settlement of a claim, judicial action,mediation, arbitration, or administrative procedure. If the public body hasapproved or considered a settlement, other than a malpractice settlement by oron behalf of a hospital, in closed session, the terms of that settlement shallbe reported to the public body and entered into its minutes as soon as possiblewithin a reasonable time after the settlement is concluded.

(4)        To discuss matters relating to the location or expansion ofindustries or other businesses in the area served by the public body, includingagreement on a tentative list of economic development incentives that may beoffered by the public body in negotiations. The action approving the signing ofan economic development contract or commitment, or the action authorizing thepayment of economic development expenditures, shall be taken in an opensession.

(5)        To establish, or to instruct the public body's staff ornegotiating agents concerning the position to be taken by or on behalf of thepublic body in negotiating (i) the price and other material terms of a contractor proposed contract for the acquisition of real property by purchase, option,exchange, or lease; or (ii) the amount of compensation and other material termsof an employment contract or proposed employment contract.

(6)        To consider the qualifications, competence, performance,character, fitness, conditions of appointment, or conditions of initialemployment of an individual public officer or employee or prospective publicofficer or employee; or to hear or investigate a complaint, charge, or grievanceby or against an individual public officer or employee. General personnelpolicy issues may not be considered in a closed session. A public body may notconsider the qualifications, competence, performance, character, fitness,appointment, or removal of a member of the public body or another body and maynot consider or fill a vacancy among its own membership except in an openmeeting. Final action making an appointment or discharge or removal by a publicbody having final authority for the appointment or discharge or removal shallbe taken in an open meeting.

(7)        To plan, conduct, or hear reports concerning investigationsof alleged criminal misconduct.

(8)        To formulate plans by a local board of education relating toemergency response to incidents of school violence.

(9)        To discuss and take action regarding plans to protect publicsafety as it relates to existing or potential terrorist activity and to receivebriefings by staff members, legal counsel, or law enforcement or emergencyservice officials concerning actions taken or to be taken to respond to suchactivity.

(b)        Repealed by Session Laws 1991, c. 694, s. 4.

(c)        Calling a Closed Session. – A public body may hold a closedsession only upon a motion duly made and adopted at an open meeting. Every motionto close a meeting shall cite one or more of the permissible purposes listed insubsection (a) of this section. A motion based on subdivision (a)(1) of thissection shall also state the name or citation of the law that renders theinformation to be discussed privileged or confidential. A motion based onsubdivision (a)(3) of this section shall identify the parties in each existinglawsuit concerning which the public body expects to receive advice during theclosed session.

(d)        Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 570, s.2. (1979, c. 655, s. 1; 1981, c. 831; 1985 (Reg. Sess.,1986), c. 932, s. 5; 1991, c. 694, ss. 3, 4; 1993 (Reg. Sess., 1994), c. 570,s. 2; 1995, c. 509, s. 84; 1997‑222, s. 2; 1997‑290, s. 2; 2001‑500,s. 2; 2003‑180, s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-318_11

§ 143‑318.11.  Closed sessions.

(a)        Permitted Purposes. – It is the policy of this State thatclosed sessions shall be held only when required to permit a public body to actin the public interest as permitted in this section. A public body may hold aclosed session and exclude the public only when a closed session is required:

(1)        To prevent the disclosure of information that is privilegedor confidential pursuant to the law of this State or of the United States, ornot considered a public record within the meaning of Chapter 132 of the GeneralStatutes.

(2)        To prevent the premature disclosure of an honorary degree,scholarship, prize, or similar award.

(3)        To consult with an attorney employed or retained by thepublic body in order to preserve the attorney‑client privilege betweenthe attorney and the public body, which privilege is hereby acknowledged.General policy matters may not be discussed in a closed session and nothingherein shall be construed to permit a public body to close a meeting that otherwisewould be open merely because an attorney employed or retained by the publicbody is a participant. The public body may consider and give instructions to anattorney concerning the handling or settlement of a claim, judicial action,mediation, arbitration, or administrative procedure. If the public body hasapproved or considered a settlement, other than a malpractice settlement by oron behalf of a hospital, in closed session, the terms of that settlement shallbe reported to the public body and entered into its minutes as soon as possiblewithin a reasonable time after the settlement is concluded.

(4)        To discuss matters relating to the location or expansion ofindustries or other businesses in the area served by the public body, includingagreement on a tentative list of economic development incentives that may beoffered by the public body in negotiations. The action approving the signing ofan economic development contract or commitment, or the action authorizing thepayment of economic development expenditures, shall be taken in an opensession.

(5)        To establish, or to instruct the public body's staff ornegotiating agents concerning the position to be taken by or on behalf of thepublic body in negotiating (i) the price and other material terms of a contractor proposed contract for the acquisition of real property by purchase, option,exchange, or lease; or (ii) the amount of compensation and other material termsof an employment contract or proposed employment contract.

(6)        To consider the qualifications, competence, performance,character, fitness, conditions of appointment, or conditions of initialemployment of an individual public officer or employee or prospective publicofficer or employee; or to hear or investigate a complaint, charge, or grievanceby or against an individual public officer or employee. General personnelpolicy issues may not be considered in a closed session. A public body may notconsider the qualifications, competence, performance, character, fitness,appointment, or removal of a member of the public body or another body and maynot consider or fill a vacancy among its own membership except in an openmeeting. Final action making an appointment or discharge or removal by a publicbody having final authority for the appointment or discharge or removal shallbe taken in an open meeting.

(7)        To plan, conduct, or hear reports concerning investigationsof alleged criminal misconduct.

(8)        To formulate plans by a local board of education relating toemergency response to incidents of school violence.

(9)        To discuss and take action regarding plans to protect publicsafety as it relates to existing or potential terrorist activity and to receivebriefings by staff members, legal counsel, or law enforcement or emergencyservice officials concerning actions taken or to be taken to respond to suchactivity.

(b)        Repealed by Session Laws 1991, c. 694, s. 4.

(c)        Calling a Closed Session. – A public body may hold a closedsession only upon a motion duly made and adopted at an open meeting. Every motionto close a meeting shall cite one or more of the permissible purposes listed insubsection (a) of this section. A motion based on subdivision (a)(1) of thissection shall also state the name or citation of the law that renders theinformation to be discussed privileged or confidential. A motion based onsubdivision (a)(3) of this section shall identify the parties in each existinglawsuit concerning which the public body expects to receive advice during theclosed session.

(d)        Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 570, s.2. (1979, c. 655, s. 1; 1981, c. 831; 1985 (Reg. Sess.,1986), c. 932, s. 5; 1991, c. 694, ss. 3, 4; 1993 (Reg. Sess., 1994), c. 570,s. 2; 1995, c. 509, s. 84; 1997‑222, s. 2; 1997‑290, s. 2; 2001‑500,s. 2; 2003‑180, s. 2.)