§ 44-04-19.2 — Confidential or closed meetings

North Dakota § 44-04-19.2

• Jurisdiction: North Dakota
• Title 44: Offices and Officers
• Ch. 44-04: Duties, Records, and Meetings

Text

1. A governing body may hold an executive session to consider or discuss closed or
confidential records.
2. Unless a different procedure is provided by law, an executive session that is
authorized by law may be held if:
a. The governing body first convenes in an open session and, unless a confidential
meeting is required, passes a motion to hold an executive session;
b. The governing body announces during the open portion of the meeting the topics
to be discussed or considered during the executive session and the body's legal
authority for holding an executive session on those topics;
c. The executive session is recorded under subsection 5;
d. The topics discussed or considered during the executive session are limited to
those for which an executive session is authorized by law and that have been
previously announced under this subsection; and
e. Final action concerning the topics discussed or considered during the executive
session is taken at a meeting open to the public, unless final action is otherwise
required by law to be taken during a closed or confidential meeting. For purposes
of this subsection, "final action" means a collective decision or a collective
commitment or promise to make a decision on any matter, including formation of
a position or policy, but does not include guidance given by members of the
governing body to legal counsel or other negotiator in a closed attorney
consultation or negotiation preparation session authorized in section 44-04-19.1.
3. The remainder of a meeting during which an executive session is held is an open
meeting unless a specific exemption is otherwise applicable.
4. The minutes of an open meeting during which an executive session is held must
indicate the names of the members attending the executive session, the date and time
the executive session was called to order and adjourned, a summary of the general
topics that were discussed or considered that does not disclose any closed or
confidential information, and the legal authority for holding the executive session.
5. All meetings of the governing body of a public entity that are not open to the public
must be recorded electronically or on audiotape or videotape. The recording must be
disclosed pursuant to court order under subsection 2 of section 44-04-18.11 or to the
attorney general for the purpose of administrative review under section 44-04-21.1.
The attorney general may not disclose to the public any recording received under this
subsection and must return the recording to the governing body upon completion of
the administrative review. The recording may be disclosed upon majority vote of the
governing body unless the executive session was required to be confidential.
Disclosure of the recording by a public servant except as provided in this subsection is
a violation of section 12.1-13-01. All recordings under this subsection must be retained
for a minimum of six months after the executive session that is the subject of the
recording.
6. A public entity may sequester all competitors in a competitive selection or hiring
process from that portion of a public meeting wherein presentations are heard or
interviews are conducted.