Can a public governmental body close a meeting to discuss possible litigation with its attorney where a cause of action has not been filed?
Section 610.021(1) permits a meeting to be closed to discuss legal actions, causes of action or litigation involving the public governmental body and confidential or privileged communications between the public governmental body and its attorneys. Attorney General’s Opinion No. 59-76 concluded a meeting could be closed to discuss causes of action where the public governmental body is a potential plaintiff or defendant, whether or not litigation already had commenced. However, under Section 610.021(1), any minutes, vote or settlement agreement relating to legal actions, causes of action or litigation must be made public upon final disposition of the matter voted upon or upon the signing of the settlement agreement. A court can, however, order that a settlement agreement be kept confidential if it finds that the adverse impact on the plaintiff outweighs the policy of openness. Even then, the governmental body must disclose the amount paid under the agreement. In matters concerning the ex
