LELAND—Leland Town Council will vote this week to remove the option of “closed session” for its boards, committees and task forces. The move will prevent the groups from violating state law.
Reserved for “public bodies” in North Carolina, closed sessions allow government official meet in private and blocks public access to records of those meetings. State law lays out the limited number of reasons a group can go into closed session.
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For nearly two years, Leland’s Rules of Procedure has been written to allow town boards, committees and task forces to enter into closed session, although – except for Town Council – none of Leland’s government bodies meet the state requirements that would allow them to do so.
Closed sessions
“It’s not that were prohibiting them, but by state statute, they don’t serve those functions to enter into a closed session,” Sabrena Reinhardt, Leland’s town clerk, said.
Public bodies are permitted to enter into a closed session – sometimes referred to as an executive session – by North Carolina General Statue §143-318.11. Though Leland’s boards, committees and task forces meet the definition of a public body, according to Reinhardt, they do not serve the functions that meet state requirements to enter into a closed session.
“There’s only certain reasons you can go into a closed session,” Reinhardt said. “None of these boards and committees go into closed session for any of these reasons.”
For a public body to hold a closed session, one of the following purposes must be met:
- To prevent the disclosure of confidential or privileged information
- To consult with an attorney
- To discuss options to expand the public body’s industries or businesses
- To discuss the purchase or negotiation of property or employment contracts
- To consider job applicants and review criminal records
- To discuss alleged criminal misconduct
- To create public safety plans for schools for emergency situations
- To discuss or take action regarding potential terrorist activity
Rules and Procedures
Leland’s Rules and Procedure for Boards, Committees and Task Forces were adopted on Aug. 25, 2016 based on a UNC School of Government template.
Reinhardt said the change is being requested now because the nuance was recently spotted, not because of a specific violation; she said none of the town’s boards, committees or task force had entered closed session.
“We didn’t catch that when we originally had council adopt those and it was brought to our attention,” Reinhardt said. “We just wanted to make sure we took the language out.”
If Leland’s Town Council approves the removal of this option from the town’s Rules of Procedure, it will be the only public body in Leland permitted to enter into a closed session. Council will vote to remove the option during its regular meeting on July 19.
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