Open Meetings Provisions: Closed Sessions

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A public body must convene all meetings in open session. The law allows moving into closed session only for one or more specific permitted reasons. Minutes must be kept of closed sessions but they “may be withheld from public inspection so long as public inspection would frustrate the purposes of the closed session.”

Moving into closed session requires that a motion be offered and passed which is worded as follows:

“I move that we go into closed session to (specify one or more of the following permitted reasons for closed sessions):

  • prevent the disclosure of privileged information
    • under of the North Carolina General Statutes or regulations
    • under of the regulations or laws of the United States [N.C.G.S. 143-318.11(a)(1)]
  • prevent the premature disclosure of an honorary award or scholarship. [N.C.G.S. 143-318.11(a)(2)]
  • consult with our attorney
    • to protect the attorney-client privilege.
    • to consider and give instructions concerning a potential or actual claim, administrative procedure, or judicial action.
    • to consider and give instructions concerning a judicial action titled v. .
      [N.C.G.S. 143-318.11(a)(3)]
  • discuss matters relating to the location or expansion of business in the area served by this body. [N.C.G.S. 143-318.11(a)(4)]
  • establish or instruct the staff or agent concerning the negotiation of the price or terms of a contract concerning the acquisition of real property. [N.C.G.S. 143-318.11(a)(5)]
  • establish or instruct the staff or agent concerning the negotiation of the amount of compensation or other terms of an employment contract. [N.C.G.S. 143-318.11(a)(5)]
  • consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee. [N.C.G.S. 143-318.11(a)(6)]
  • hear or investigate a complaint, charge, or grievance by or against a public officer or employee. [N.C.G.S. 143-318.11(a)(6)]
  • plan, conduct, or hear reports concerning the investigations of alleged criminal conduct. [N.C.G.S. 143-318.11(a)(7)]”

The record of the motion having been made and passed must appear in the minutes of the open session.