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Public Access Opinion 15-007

Failure to cite exceptions and improper discussions in closed sessions

Administrator Contracts
Case: Public Access Opinion 15-007
Date: Wednesday, September 16, 2015

The public body violated section 2a of OMA by failing to reveal and record in the meeting minutes that they were asserting section 2(c)(1) and section 2(c)(2) as its basis for closing a portion of its meeting.

The public body improperly discussed the elimination of an employee’s position for reasons unrelated to the performance of the employee, which is not within the scope of the section 2(c)(1) exceptions. In addition, discussion of a hiring freeze was not within the scope of the section 2(c)(2) exception. Because the county was not engaged in collective bargaining at the time of the meeting, the hiring freeze did not constitute a collective negotiating matter.

This opinion is binding only to the parties involved and may be appealed pursuant to State law.

Shanell M. Bowden, IASB Law Clerk