AGO Opinion Topics: OPEN PUBLIC MEETINGS ACT PUBLIC MEETINGS CONFIDENTIALITY ETHICS MUNICIPALITIES

OPEN PUBLIC MEETINGS ACT—PUBLIC MEETINGS—CONFIDENTIALITY—ETHICS—MUNICIPALITIES—CRIMES—Whether Information Learned In An Executive Session Is Confidential

1.         Information learned in a properly-convened executive session of a governing body of a public agency is generally confidential.

2.         The disclosure by a municipal officer of information learned in an executive session that is made confidential by the Open Public Meetings Act is a violation of the Code of Ethics for Municipal Officers.

3.         The disclosure by a municipal officer of information learned in an executive session that is made confidential by the Open Public Meetings Act could be a misdemeanor.

4.         A governing body may seek a court order enforcing the obligation of its members to honor the confidentiality of executive sessions, but we have identified no specific authority authorizing the exclusion of members from executive sessions without court order.