[Previous] [Next]
§25-307.
§25-307.
A. No public body shall hold executive sessions unless otherwise
specifically provided in this section.
B. Executive sessions of public bodies will be permitted only for the
purpose of:
1. Discussing the employment, hiring, appointment, promotion,
demotion, disciplining or resignation of any individual salaried
public officer or employee;
2. Discussing negotiations concerning employees and representatives of
employee groups;
3. Discussing the purchase or appraisal of real property;
4. Confidential communications between a public body and its attorney
concerning a pending investigation, claim, or action if the public
body, with the advice of its attorney, determines that disclosure will
seriously impair the ability of the public body to process the claim
or conduct a pending investigation, litigation, or proceeding in the
public interest;
5. Permitting district boards of education to hear evidence and
discuss the expulsion or suspension of a student when requested by the
student involved or his parent, attorney or legal guardian;
6. Discussing matters involving a specific handicapped child;
7. Discussing any matter where disclosure of information would violate
confidentiality requirements of state or federal law; or
8. Engaging in deliberations or rendering a final or intermediate
decision in an individual proceeding pursuant to Article II of the
Administrative Procedures Act.
C. Notwithstanding the provisions of subsection B of this section, the
following public bodies may hold executive sessions:
1. The State Banking Board, as provided for under Section 306.1 of
Title 6 of the Oklahoma Statutes;
2. The Oklahoma Industrial Finance Authority, as provided for in
Section 854 of Title 74 of the Oklahoma Statutes;
3. The Oklahoma Development Finance Authority, as provided for in
Section 5062.6 of Title 74 of the Oklahoma Statutes;
4. The Oklahoma Center for the Advancement of Science and Technology,
as provided for in Section 5060.7 of Title 74 of the Oklahoma
Statutes;
5. The Oklahoma Savings and Loan Board, as provided for under
subsection A of Section 381.74 of Title 18 of the Oklahoma Statutes;
6. The Oklahoma Health Research Committee for purposes of conferring
on matters pertaining to research and development of products, if
public disclosure of the matter discussed would interfere with the
development of patents, copyrights, products, or services;
7. A review committee, as provided for in Section 855 of Title 62 of
the Oklahoma Statutes;
8. The Child Death Review Board for purposes of receiving and
conferring on matters pertaining to materials declared confidential by
law;
9. All nonprofit foundations, boards, bureaus, commissions, agencies,
trusteeships, authorities, councils, committees, public trusts, task
forces or study groups supported in whole or part by public funds or
entrusted with the expenditure of public funds for purposes of
conferring on matters pertaining to economic development, including
the transfer of property, financing, or the creation of a proposal to
entice a business to locate within their jurisdiction if public
disclosure of the matter discussed would interfere with the
development of products or services or if public disclosure would
violate the confidentiality of the business; and
10. The Oklahoma Indigent Defense System Board for purposes of
discussing negotiating strategies in connection with making possible
counteroffers to offers to contract to provide legal representation to
indigent criminal defendants and indigent juveniles in cases for which
the System must provide representation pursuant to the provisions of
the Indigent Defense System Act, Section 1355 et seq. of Title 22 of
the Oklahoma Statutes.
D. An executive session for the purpose of discussing the purchase or
appraisal of real property shall be limited to members of the public
body, the attorney for the public body, and the immediate staff of the
public body. No landowner, real estate salesperson, broker, developer,
or any other person who may profit directly or indirectly by a
proposed transaction concerning real property which is under
consideration may be present or participate in the executive session.
E. No public body may go into an executive session unless the
following procedures are strictly complied with:
1. The proposed executive session is noted on the agenda as provided
in Section 311 of this title;
2. The executive session is authorized by a majority vote of a quorum
of the members present and the vote is a recorded vote; and
3. Except for matters considered in executive sessions of the State
Banking Board and the Oklahoma Savings and Loan Board, and which are
required by state or federal law to be confidential, any vote or
action on any item of business considered in an executive session
shall be taken in public meeting with the vote of each member publicly
cast and recorded.
F. A willful violation of the provisions of this section shall:
1. Subject each member of the public body to criminal sanctions as
provided in Section 314 of this title; and
2. Cause the minutes and all other records of the executive session,
including tape recordings, to be immediately made public.
[Previous] [Next]