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The Vermont Statutes Online
Title
01
:
General Provisions
Chapter
005
:
COMMON LAW; GENERAL RIGHTS
Subchapter
002
:
PUBLIC INFORMATION
§
313. Executive sessions
(a) No public
body may hold an executive session from which the public is excluded, except by
the affirmative vote of two-thirds of its members present in the case of any
public body of State government or of a majority of its members present in the
case of any public body of a municipality or other political subdivision. A
motion to go into executive session shall indicate the nature of the business
of the executive session, and no other matter may be considered in the executive
session. Such vote shall be taken in the course of an open meeting and the
result of the vote recorded in the minutes. No formal or binding action shall
be taken in executive session except for actions relating to the securing of
real estate options under subdivision (2) of this subsection. Minutes of an
executive session need not be taken, but if they are, the minutes shall,
notwithstanding subsection 312(b) of this title, be exempt from public copying
and inspection under the Public Records Act. A public body may not hold an
executive session except to consider one or more of the following:
(1) after making
a specific finding that premature general public knowledge would clearly place
the public body or a person involved at a substantial disadvantage:
(A) contracts;
(B) labor
relations agreements with employees;
(C) arbitration
or mediation;
(D) grievances,
other than tax grievances;
(E) pending or
probable civil litigation or a prosecution, to which the public body is or may
be a party;
(F) confidential
attorney-client communications made for the purpose of providing professional
legal services to the body;
(2) the
negotiating or securing of real estate purchase or lease options;
(3) the
appointment or employment or evaluation of a public officer or employee,
provided that the public body shall make a final decision to hire or appoint a
public officer or employee in an open meeting and shall explain the reasons for
its final decision during the open meeting;
(4) a
disciplinary or dismissal action against a public officer or employee; but
nothing in this subsection shall be construed to impair the right of such
officer or employee to a public hearing if formal charges are brought;
(5) a clear and
imminent peril to the public safety;
(6) records
exempt from the access to public records provisions of section 316 of this
title; provided, however, that discussion of the exempt record shall not itself
permit an extension of the executive session to the general subject to which
the record pertains;
(7) the academic
records or suspension or discipline of students;
(8) testimony
from a person in a parole proceeding conducted by the Parole Board if public
disclosure of the identity of the person could result in physical or other harm
to the person;
(9) information
relating to a pharmaceutical rebate or to supplemental rebate agreements, which
is protected from disclosure by federal law or the terms and conditions
required by the Centers for Medicare and Medicaid Services as a condition of
rebate authorization under the Medicaid program, considered pursuant to 33
V.S.A. §§ 1998(f)(2) and 2002(c);
(10) municipal
or school security or emergency response measures, the disclosure of which
could jeopardize public safety.
(b) Attendance
in executive session shall be limited to members of the public body, and, in
the discretion of the public body, its staff, clerical assistants and legal
counsel, and persons who are subjects of the discussion or whose information is
needed.
(c) The Senate
and House of Representatives, in exercising the power to make their own rules
conferred by Chapter II of the Vermont Constitution, shall be governed by the
provisions of this section in regulating the admission of the public as
provided in Chapter II, § 8 of the Constitution. (Amended 1973, No. 78, § 2,
eff. April 23, 1973; 1979, No. 151 (Adj. Sess.), § 3, eff. April 24, 1980;
1987, No. 256 (Adj. Sess.), §§ 3, 4; 1997, No. 148 (Adj. Sess.), § 65, eff.
April 29, 1998; 2005, No. 71, § 308a, eff. June 21, 2005; 2011, No. 59, § 7;
2013, No. 143 (Adj. Sess.), § 3; 2015, No. 23, § 1.)