No need to indentify the name of a person prior to executive session.
By Rayan F. Coutinho, Ph.D.
§121.22(C) mandates that “[a]ll meetings of any public body are declared to be public meetings open to the public at all times.” §121.22(G)(1) creates an exception to the open meetings requirement. It provides: “*** the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters: (1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official or the investigation of charges or complaints against a public employee, official, licensee or regulated individual, unless the public employee, official, licensee or regulated individual requests a public hearing.”
That section continues to state that “If a public body holds an executive session pursuant to division (G)(1) of this section, the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in division (G)(1) of this section are the purposes for which the executive session is to be held, but need not include the name of any person to be considered at the meeting.” (emphasis added). Thus, the statute explicitly authorizes the council of a municipal corporation to enter into executive session to discuss personnel matters without specifying the name of the person(s) during the motion or vote to hold that executive session.
Please contact Rayan Coutinho at rfcoutinho@woodlamping.com for complete details about the legal services offered by Wood & Lamping LLP.
admin @ February 8, 2008