§ 84-1410 — Closed session; when; purpose; reasons listed; procedure; right to challenge; prohibited acts; chance meetings, conventions, or workshops

Nebraska § 84-1410

• Jurisdiction: Nebraska
• Ch. 84: State Officers

Text

(1)
Any public body may hold a closed session by the affirmative vote of a majority
of its voting members if a closed session is clearly necessary for the protection
of the public interest or for the prevention of needless injury to the reputation
of an individual and if such individual has not requested a public meeting.
The subject matter and the reason necessitating the closed session shall be
identified in the motion to close. Closed sessions may be held for, but shall
not be limited to, such reasons as:
(a) Strategy sessions with respect to collective bargaining,
real estate purchases, pending litigation, or litigation which is imminent
as evidenced by communication of a claim or threat of litigation to or by
the public body;
(b) Discussion regarding deployment of security personnel
or devices;
(c) Investigative proceedings regarding allegations of criminal
misconduct;
(d) Evaluation of the job performance of a person when necessary
to prevent needless injury to the reputation of a person and if such person
has not requested a public meeting;
(e) For the Community Trust created under section 81-1801.02 ,
discussion regarding the amounts to be paid to individuals who have suffered
from a tragedy of violence or natural disaster; or
(f) For public
hospitals, governing board peer review activities, professional review activities,
review and discussion of medical staff investigations or disciplinary actions,
and any strategy session concerning transactional negotiations with any referral
source that is required by federal law to be conducted at arms length.
Nothing in this section shall permit a closed meeting for
discussion of the appointment or election of a new member to any public body.
(2) The vote to hold a closed session shall be taken in open
session. The entire motion, the vote of each member on the question of holding
a closed session, and the time when the closed session commenced and concluded
shall be recorded in the minutes. If the motion to close passes, then the
presiding officer immediately prior to the closed session shall restate on
the record the limitation of the subject matter of the closed session. The
public body holding such a closed session shall restrict its consideration
of matters during the closed portions to only those purposes set forth in
the motion to close as the reason for the closed session. The meeting shall
be reconvened in open session before any formal action may be taken. For purposes
of this section, formal action shall mean a collective decision or a collective
commitment or promise to make a decision on any question, motion, proposal,
resolution, order, or ordinance or formation of a position or policy but shall
not include negotiating guidance given by members of the public body to legal
counsel or other negotiators in closed sessions authorized under subdivision
(1)(a) of this section.
(3) Any member of any public body shall have the right to
challenge the continuation of a closed session if the member determines that
the session has exceeded the reason stated in the original motion to hold
a closed session or if the member contends that the closed session is neither
clearly necessary for (a) the protection of the public interest or (b) the
prevention of needless injury to the reputation of an individual. Such challenge
shall be overruled only by a majority vote of the members of the public body.
Such challenge and its disposition shall be recorded in the minutes.
(4) Nothing in this section shall be construed to require
that any meeting be closed to the public. No person or public body shall fail
to invite a portion of its members to a meeting, and no public body shall
designate itself a subcommittee of the whole body for the purpose of circumventing
the Open Meetings Act. No closed session, informal meeting, chance meeting,
social gathering, email, fax, or other electronic communication shall be used
for the purpose of circumventing the requirements of the act.
(5) The act does not apply to chance meetings or to attendance
at or travel to conventions or workshops of members of a public body at which
there is no meeting of the body then intentionally convened, if there is no
vote or other action taken regarding any matter over which the public body
has supervision, control, jurisdiction, or advisory power.

Legislative History

Source: Laws 1975, LB 325, § 3; Laws 1983, LB 43, § 2; Laws 1985, LB 117, § 1; Laws 1992, LB 1019, § 125; Laws 1994, LB 621, § 1; Laws 1996, LB 900, § 1072; Laws 2004, LB 821, § 37; Laws 2004, LB 1179, § 1; Laws 2006, LB 898, § 1; Laws 2011, LB390, § 29; Laws 2012, LB995, § 17. Annotations: There is no absolute discovery privilege for communications that occur during a closed session. State ex rel. Upper Republican NRD v. District Judges, 273 Neb. 148, 728 N.W.2d 275 (2007). If a person present at a meeting observes a public meetings law violation in the form of an improper closed session and fails to object, that person waives his or her right to object at a later date. Wasikowski v. Nebraska Quality Jobs Bd., 264 Neb. 403, 648 N.W.2d 756 (2002). The public interest mentioned in this section is that shared by citizens in general and by the community at large concerning pecuniary or legal rights and liabilities. Grein v. Board of Education, 216 Neb. 158, 343 N.W.2d 718 (1984). Hearing in closed executive session was contrary to this section since there was no showing of necessity or reason under subdivision (1)(a), (b), or (c), but did not result in reversal of board decision. Simonds v. Board of Examiners, 213 Neb. 259, 329 N.W.2d 92 (1983). Negotiations for the purchase of land need not be conducted at an open meeting but the deliberations of a city council as to whether an offer to purchase real estate should be made should take place in an open meeting. Pokorny v. City of Schuyler, 202 Neb. 334, 275 N.W.2d 281 (1979). Public meeting law was not violated where the Board of Regents of the University of Nebraska voted to hold a closed session to consider the university president's resignation, and also discussed the appointment of an interim president during such session. Meyer v. Board of Regents, 1 Neb. App. 893, 510 N.W.2d 450 (1993).