Test Legal Handbook 2022

DATE:

August 11, 2022

TO:

Mayor and City Council

FROM:

Chuck Watts, City Attorney

SUBJECT:

Explanation of the Open Meetings Law

I.

Definition of Official Meetings.

It is the public policy of North Carolina that the hearings, deliberations and actions of public bodies be conducted openly. Therefore, except as provided by the exemptions hereinafter set forth, each "official meeting" of the City Council shall be open to the public. These provisions are also applicable to the various boards and commissions established by the City Council. An "official meeting" must first be a meeting or gathering together at any time or place (or the simultaneous communications by conference telephone or other electronic means) of a majority of the members of the City Council. It then becomes an “official meeting” when the gathering is for the purpose of transacting the business of the City. However, a social meeting or other informal gathering does not constitute an official meeting unless called or held to evade the spirit and purposes of this law. Of course, the problem with a social gathering of a majority of the board is that it may be difficult to prove whether it is for the purpose of conducting City business unless there are a number of other people there or it can be easily viewed by others. The City Council may hold a closed session only where permitted by N.C.G.S. § 143-318.11 and upon a motion duly made and adopted at an open meeting. The motion shall state the purpose set out in the statute that permits the closed session, but need not reference the statute itself. In addition, a motion to close the session to discuss an existing lawsuit must identify the parties to the lawsuit. If the purpose is to discuss some matter that is confidential by law, the motion must cite the law that makes the matters confidential. Minutes and a general account are required to be taken at a closed session. They may be withheld from public inspection so long as the public inspection would frustrate the purpose of the closed session. Thereafter, the minutes and general account must be made public. Minutes typically constitute a statement of actions taken and enough context so that the actions taken can be understood. The requirement for a general account of closed meetings is there because many closed sessions involve no action and, thus, would have opaque minutes. So, the general account describes what happened in the meeting so that a reasonable person would understand what went on without being anything close to a transcript. II. Calling a Closed Session; Minutes of the Meeting.