UNDER THE OPEN MEETINGS ACT (General Provisions Article § 3-305)
with Instructions
Instructions to presiding officer: To meet in a closed session under the Act, the public body must first
meet in open session, after providing proper notice. Make sure that the open session is attended by a
member designated to receive open meetings training. If a designated member cannot attend,
complete the Compliance Checklist.
If the public body has never designated a member for training, it
must do so before closing the session.
Before closing the session, take two steps: (1) conduct a recorded vote on a motion to close;
and (2) make a written “closing” statement. If the public body might return to open session afterwards,
be sure to tell the public that. During the closed session, keep the discussion topics within the confines
of the closing statement. After the closed session, the events of the closed session must be disclosed
in the next open-session minutes.
The top part of this form is a model closing statement. It has two sides. Before closing the open
session, complete items 1 through 4 on this form or in any writing with the same information. If
someone pre-prepared the form for you, make sure it reflects the public body’s own intended topics
and reasons for closing the meeting. A member of the public may inspect the closing statement at the
time of the closing and may object to the decision to close the meeting. Once the meeting is closed,
the closing statement sets the agenda and may not be changed.
The bottom part of the form is a worksheet that provides a checklist of the disclosures that
must be made in the next open-session minutes. The worksheet is not part of the closing statement.
1. Recorded vote to close the meeting: Date: ______; Time:______; Location:_________________;
Motion to close meeting made by: __________________: Seconded by________________________;
Members in favor: ; Opposed: ;
Abstaining:_______________________________; Absent:___________________________________
2. Statutory authority to close session (check all provisions that apply):
This meeting will only be closed under the provision or provisions checked below, all from General
Provisions Art. § 3-305(b):
(1)___ “To discuss the appointment, employment, assignment, promotion, discipline, demotion,
compensation, removal, resignation, or performance evaluation of appointees, employees, or officials
over whom this public body has jurisdiction; any other personnel matter that affects one or more
specific individuals”; (2)___ To protect the privacy or reputation of individuals concerning a matter
not related to public business”; (3)___ “To consider the acquisition of real property for a public purpose
and matters directly related thereto”; (4)___ “To consider a matter that concerns the proposal for a
business or industrial organization to locate, expand, or remain in the State”; (5)___ “To consider the
investment of public funds”; (6)___ To consider the marketing of public securities; (7)___ To consult
with counsel to obtain legal advice; (8)___ To consult with staff, consultants, or other individuals
about pending or potential litigation; (9)___ To conduct collective bargaining negotiations or
consider matters that relate to the negotiations; (10)___ To discuss public security, if the public body
determines that public discussion would constitute a risk to the public or to public security, including:
(i) the deployment of fire and police services and staff; and (ii) the development and implementation
of emergency plans; (11)___ To prepare, administer, or grade a scholastic, licensing, or qualifying
examination; (12)___ To conduct or discuss an investigative proceeding on actual or possible criminal
conduct; (13)___ To comply with a specific constitutional, statutory, or judicially imposed
requirement that prevents public disclosures about a particular proceeding or matter; (14)___ Before
a contract is awarded or bids are opened, to discuss a matter directly related to a negotiating strategy
or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability
of the public body to participate in the competitive bidding or proposal process; (15)___ To discuss
cybersecurity, if the public body determines that public discussion would constitute a risk to” (i)
security assessments or deployments relating to information resources technology”; (ii) “network
security information,” such as information that is related to passwords, personal ID numbers, access
codes, encryption, security devices, or vulnerability assessments or that a governmental entity collects
or maintains to prevent, detect, or investigate criminal activity; or (iii) deployments or implementation
of security personnel, critical infrastructure, or security devices.”
3. For each provision checked above, the corresponding topic to be discussed and the public
body’s reason for discussing that topic in closed session, in as much detail as possible
without disclosing the information that may be discussed behind closed doors:
(insert #
from above)
We expect to discuss
these matters:
Reason for closed-session discussion of topic -
We are closing the meeting to discuss this topic because:
§ 3-305(b)( )
§ 3-305(b) ( )
§ 3-305(b) ( )
§ 3-305(b) ( )
4. This statement is made by _______________________________________, Presiding Officer.
For meetings closed under an exception, as disclosed above:
Time of closed session:______________Place:__________________________________________
Members who voted to meet in closed session: _________________________________________
Persons attending closed session:_____________________________________________________
Authority under § 3-305 for the closed session (see chart above):___________________________
Topics actually discussed: ___________________________________________________________
Each action Taken:
(Form rev. `10/1/2018)