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BILL AS INTRODUCED 2007-2008

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H.251

Introduced by   Representative Obuchowski of Rockingham

Referred to Committee on

Date:

Subject:  Open meetings; executive sessions; public officers; elected officials

Statement of purpose:  This bill proposes to clarify that an elected official is not a "public officer" for the purpose of determining whether a public body may hold an executive session.

AN ACT RELATING TO ELECTED OFFICIALS AND EXECUTIVE SESSIONS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  1 V.S.A. § 313(a) is amended to read:

(a)  No public body described in section 312 of this title 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 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, shall not be made public subject to subsection 312(b) of this title.  A public body may not hold an executive session except to consider one or more of the following:

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(3)  The appointment or employment or evaluation of a public officer, not including an elected official of the public body, or employee;

(4)  A disciplinary or dismissal action against a public officer, not including an elected official of the public body, 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;

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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us