Day Three: The Elements

On the OAG's Web site (link to the left) is the Manual, along with its appendices. Relatively new is Appendix B, a Compliance Checklist "revised October 2006." It's the best way to get an overview of requirements. It says:


COMPLIANCE CHECKLIST

A footnote says: These items are merely synopses of the exceptions. The actual text of an exception should be considered carefully before a meeting is closed on that basis.

For all meetings covered by the Act, did you:

A. Provide proper advance notice?

B. Arrange for minutes to be taken?

For closed meetings covered by the Act, did you also:

A. Identify one or more of the following grounds for closing the meeting?

1. a specific personnel matter;

2. protection of personal privacy on a matter unrelated to public business;

3. acquisition of real property;

4. a proposed business relocation or expansion;

5. the investment of public funds;

6. the marketing of public securities;

7. obtaining legal advice;

8. consulting about litigation;

9. collective bargaining;

10. public security;

11. scholastic, licensing, or qualifying examinations;

12. criminal investigations;

13. other legal requirement; or

14. preliminary discussion of procurement issues.

B. Record a majority vote in favor of closing the meeting?

C. Prepare, at the time of the vote, a written statement of the reasons
and legal basis for closing the meeting and the topics to be
discussed?

D. Keep the closed-session discussion within the scope of the
exception that you cited?

E. Include in the minutes of the next open meeting a statement of the
time, place, and purpose of the closed meeting; a record of the
vote to close the meeting and the authority to do so; and a listing
of the topics discussed, the persons present, and the actions
taken?

For a meeting recessed into closed session to conduct an administrative function, did you include in the minutes of the next open meeting a statement of the date, time, place, and persons present and a phrase or sentence identifying the subject matter discussed at the closed session?

After a meeting, did you file and maintain records in accordance with the record retention requirements of the Act?