Changes effective 9 Aug 1983 by session law 1983, 184. Prior version was effective 26 Aug 1967 by session law 1967, 251.

91-A:3 Executive Sessions.

I. Bodies or agencies may meet in executive session for deliberations only after a majority vote of members present, which shall be recorded in the minutes of the meeting. All sessions at which information, evidence or testimony in any form is received, except as provided in paragraph II, shall be open to the public. No ordinances, orders, rules, resolutions, regulations, contracts, appointments or other official actions shall be finally approved in executive session except as provided in paragraph II. The record of all actions shall be available for public inspection promptly, except as provided in paragraph II.

II. [Exceptions]A body[,] or agency[,] may exclude the public[,] only if a recorded roll call vote is taken to go into executive session. A motion to go into executive session [citing for the record]stating which exemption under this [the appropriate sub]paragraph [hereof,]is claimed shall be made only when [it]the body or agency is considering or acting upon the following matters:

(a) The dismissal, promotion or compensation of any public employee or the disciplining of such employee, or the investigati[ng]on of any charges against him, unless the employee affected requests an open meeting.

(b) The hiring of any person as a public employee.

(c) Matters which, if discussed in public, likely would affect adversely the reputation of any person, other than a member of the body or agency itself, unless such person requests an open meeting.

(d) Consideration of the acquisition, sale, or lease of property which, if discussed in public, likely would benefit a party or parties whose interests are adverse to those of the general community.

[(e) Matters discussed by a legislative committee sitting in executive session, which should not be made public as determined by a 3/5 roll-call and recorded vote of the members present and voting at such meeting.]

III. Minutes of Executive Sessions. Minutes of proceedings in executive session shall be kept, at least to the extent of recording any decisions made therein. Decisions reached in executive session must be publicly disclosed within 72 hours of the meeting, unless, in the opinion of 2/3 of the members present, divulgence of the information likely would affect adversely the reputation of any person other than a member of the body or agency itself or render the proposed action ineffective. In event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply.