Can a governing body enter into executive session to discuss potential problem issues or receive general legal advice from their attorney?
No. Executive session procedures require that the reason for calling the executive session be clearly stated – it is not enough to state “personnel issues” or “legal advice” as the reason for going into executive session. The decision to go into executive session must also weigh the potential harm of open discussion against the public interest and benefit of open public discussion and the public’s right to know. Decisions based on generalities do not identify the harm that could result. Attorney-client privilege in general cannot be used as a reason for calling an executive session. Attorney-client privilege is limited to matters where public interest may be injured. This would include how to avoid legal liability, litigation strategies and candid discussion of facts, settlement conference, and a conference on a decision to appeal What is the cure for conducting an executive session that violates the Open Meetings Act? The governing body can attempt an informal cure by holding another
Related Questions
- May a governmental body, with its attorney, meet in executive session under 551.071 with an opposing party to discuss certain legal issues in an effort to avoid litigation?
- May a governmental body convene into executive session to discuss the appointment of individuals to an advisory committee?
- What if I believe a public body or agency conducted improper business during an executive session?
