Can a meeting be closed to the public?

A meeting can be closed under two circumstances – when a person’s right to privacy exceeds the public’s right to know and when an agency is discussing a legal strategy due to litigation.

NOTE: each of these circumstances has an exception.

  1. Person’s right to privacy – the individual involved in the board’s discussion can waive their right to privacy. If the individual waives the right to privacy the meeting must remain open.
  2. Litigation – if the parties involved in litigation are public entities the meeting must remain open.