Maryland Political Subdivisions - Miscellaneous Provisions Section 4-210

Article - Political Subdivisions - Miscellaneous Provisions

§ 4-210.

      (a)      Meetings of public agencies and meetings of the staff of public agencies may be conducted in executive session in the following situations only:

            (1)      When a public agency or members of the staff consider or discuss the assignment, promotion, resignation, salary, demotion, dismissal, reprimand, or appointment of a member of a public agency or employee, the session may be closed, unless the person requests in writing for an open session. The request is a matter of public record;

            (2)      When a school board or its staff considers the disciplining of individual students unless the parent, guardian or student requests an open session of the board of education;

            (3)      When a school board or its staff discusses specific students, families, or personnel, and the disclosure of the discussions could prove detrimental or harmful to those individuals;

            (4)      When federal regulations prohibit an open meeting;

            (5)      When State law specifically prohibits an open meeting;

            (6)      When an open meeting would conflict with a condition for anonymity of the donor contained in a gift or bequest to a public agency;

            (7)      When secrecy is necessary to prevent the premature disclosure of the format or content of examinations or the disclosure of results of examinations as they relate to individual students;

            (8)      When a public agency discusses strategy in collective bargaining or litigation, or engages in collective bargaining;

            (9)      When public agencies discuss the distribution of police forces to cope with public safety emergencies;

            (10)      When public agencies discuss cost estimates for capital projects to be subsequently placed through the bidding process; and

            (11)      When public agencies have a preliminary discussion concerning the purchase or disposition of real property.

      (b)      An executive session may not be held without the prior announcement in an open meeting of the nature of the business of the executive session and only business specifically authorized by this section shall be taken up at the executive session.

      (c)      The justification for holding an executive or closed meeting shall be indicated by a citation in the minutes. Such citation shall include the time of the commencement of the meeting, names of those in attendance, the reason for the session, and the time of the conclusion of the meeting, but need not be limited to that, at the discretion of the body holding the meeting.

      (d)      An ordinance, resolution, rule, regulation or decision may not be finally adopted at an executive session.

      (e)      Any decision by a public agency to purchase or dispose of real property must be made in public session. Notice of intent to purchase or dispose of real property must be given at least 15 days before a voting session on the action.



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