Maine § 1 §405 Executive sessions

Maine Statutes

§ 1 §405 — Executive sessions

Maine·Title 1 GENERAL PROVISIONS·Ch. 13 PUBLIC RECORDS AND PROCEEDINGS

Those bodies or agencies falling within this subchapter may hold executive sessions subject to the following conditions.

1.Not to defeat purposes of subchapter. An executive session may not be used to defeat the purposes of this subchapter as stated in section 401.

2.Final approval of certain items prohibited. An ordinance, order, rule, resolution, regulation, contract, appointment or other official action may not be finally approved at an executive session.

3.Procedure for calling of executive session. An executive session may be called only by a public, recorded vote of 3/5 of the members, present and voting, of such bodies or agencies.

4.Motion contents. A motion to go into executive session must indicate the precise nature of the business of the executive session and include a cita

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Those bodies or agencies falling within this subchapter may hold executive sessions subject to the following conditions.
1.
Not to defeat purposes of subchapter.
An executive session may not be used to defeat the purposes of this subchapter as stated in section 401.
2.
Final approval of certain items prohibited.
An ordinance, order, rule, resolution, regulation, contract, appointment or other official action may not be finally approved at an executive session.
3.
Procedure for calling of executive session.
An executive session may be called only by a public, recorded vote of 3/5 of the members, present and voting, of such bodies or agencies.
4.
Motion contents.
A motion to go into executive session must indicate the precise nature of the business of the executive session and include a citation of one or more sources of statutory or other authority that permits an executive session for that business. Failure to state all authorities justifying the executive session does not constitute a violation of this subchapter if one or more of the authorities are accurately cited in the motion. An inaccurate citation of authority for an executive session does not violate this subchapter if valid authority that permits the executive session exists and the failure to cite the valid authority was inadvertent.
5.
Matters not contained in motion prohibited.
Matters other than those identified in the motion to go into executive session may not be considered in that particular executive session.
6.
Permitted deliberation.
Deliberations on only the following matters may be conducted during an executive session:

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Legislative History

PL 1975, c. 758 (RPR). PL 1979, c. 541, §A3 (AMD). PL 1987, c. 477, §§2,3 (AMD). PL 1987, c. 769, §A1 (AMD). PL 1999, c. 40, §§1,2 (AMD). PL 1999, c. 144, §1 (AMD). PL 1999, c. 180, §§1-3 (AMD). PL 2003, c. 709, §1 (AMD). PL 2009, c. 240, §2 (AMD).