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Public Access Opinion 16-013

Improper Closed Session Discussion of Salary Increases

Administrator Contracts
Case: Public Access Opinion 16-013
Date: Friday, December 23, 2016

The public body violated Section 2(a) of OMA at its September 26, 2016 meeting by improperly relying upon Section 2(c)(1) to engage in a closed session discussion of an across-the-board pay raise for non-union employees. Section 2(c)(1) permits public bodies to close a portion of a meeting to discuss “the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body,” but it does not permit a public body to discuss in closed session budgetary matters concerning broad categories of employees. The PAC ordered the public body to make publicly available the portion of the closed session verbatim recording of its September 26, 2016 meeting related to an across-the-board pay raise for non-union employees.

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