This article gives general information about the United States. Open meetings rules differ by state and locality, so check the rules that apply to you.
Most government business must happen in public, but laws also recognise that some topics need confidentiality. A closed session, sometimes called an executive session, is a part of a meeting held without the public. The rules are designed to keep such sessions narrow and accountable.
Typical reasons for a closed session
- Discussing the hiring, firing, or discipline of specific employees.
- Receiving legal advice about pending or likely lawsuits.
- Negotiating the purchase or sale of property, where publicity could harm the public’s position.
- Discussing security measures, where public details could create risk.
- Certain labor negotiations.
Common safeguards
While details vary by state, many laws require:
- Announcing in open session that a closed session will be held.
- Stating the legal reason or topic for going into closed session.
- Limiting discussion to the stated topic.
- Taking any final vote in public, in most cases.
- Keeping minutes or recordings of the closed session, sometimes sealed.
What closed sessions cannot do
They are generally not allowed to be used to discuss topics simply because they are controversial or embarrassing. Using the label “executive session” does not make anything private. The topic has to fit a listed exception.
How to find out more
- Read the agenda for the stated reason for any closed session.
- Check the minutes for a summary of what was discussed in general terms.
- Ask the clerk or attorney which legal provision was cited.
- Look at your state’s open meetings law or attorney general guidance.
If you suspect misuse
Raise the question politely with the clerk or the chair. Many states provide ways to file a complaint with the attorney general, an ombudsman, or a court.
Closed sessions are a normal part of government, as long as they stay within their limits.
