Maryland State Government Section 10-508

Article - State Government

§ 10-508.

      (a)      Subject to the provisions of subsection (d) of this section, a public body may meet in closed session or adjourn an open session to a closed session only to:

            (1)      discuss:

                  (i)      the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; or

                  (ii)      any other personnel matter that affects 1 or more specific individuals;

            (2)      protect the privacy or reputation of individuals with respect to a matter that is not related to public business;

            (3)      consider the acquisition of real property for a public purpose and matters directly related thereto;

            (4)      consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State;

            (5)      consider the investment of public funds;

            (6)      consider the marketing of public securities;

            (7)      consult with counsel to obtain legal advice;

            (8)      consult with staff, consultants, or other individuals about pending or potential litigation;

            (9)      conduct collective bargaining negotiations or consider matters that relate to the negotiations;

            (10)      discuss public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including:

                  (i)      the deployment of fire and police services and staff; and

                  (ii)      the development and implementation of emergency plans;

            (11)      prepare, administer, or grade a scholastic, licensing, or qualifying examination;

            (12)      conduct or discuss an investigative proceeding on actual or possible criminal conduct;

            (13)      comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter; or

            (14)      before a contract is awarded or bids are opened, discuss a matter directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process.

      (b)      A public body that meets in closed session under this section may not discuss or act on any matter not permitted under subsection (a) of this section.

      (c)      The exceptions in subsection (a) of this section shall be strictly construed in favor of open meetings of public bodies.

      (d)      (1)      Unless a majority of the members of a public body present and voting vote in favor of closing the session, the public body may not meet in closed session.

            (2)      Before a public body meets in closed session, the presiding officer shall:

                  (i)      conduct a recorded vote on the closing of the session; and

                  (ii)      make a written statement of the reason for closing the meeting, including a citation of the authority under this section, and a listing of the topics to be discussed.

            (3)      If a person objects to the closing of a session, the public body shall send a copy of the written statement required under paragraph (2) of this subsection to the Board.

            (4)      The written statement shall be a matter of public record.

            (5)      A public body shall keep a copy of the written statement made under paragraph (2)(ii) of this subsection for at least 1 year after the date of the session.



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