Current with changes from the 2024 Legislative Session
Section 3-305 - Closed sessions(a) The exceptions in subsection (b) of this section shall be strictly construed in favor of open meetings of public bodies.(b) Subject to subsection (d) of this section, a public body may meet in closed session or adjourn an open session to a closed session only to:(1) discuss: (i) the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of an appointee, employee, or official over whom it has jurisdiction; or(ii) any other personnel matter that affects one or more specific individuals;(2) protect the privacy or reputation of an individual with respect to a matter that is not related to public business;(3) consider the acquisition of real property for a public purpose and matters directly related to the acquisition;(4) consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State;(5) consider the investment of public funds;(6) consider the marketing of public securities;(7) consult with counsel to obtain legal advice;(8) consult with staff, consultants, or other individuals about pending or potential litigation;(9) conduct collective bargaining negotiations or consider matters that relate to the negotiations;(10) discuss public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including: (i) the deployment of fire and police services and staff; and(ii) the development and implementation of emergency plans;(11) prepare, administer, or grade a scholastic, licensing, or qualifying examination;(12) conduct or discuss an investigative proceeding on actual or possible criminal conduct;(13) comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter;(14) discuss, before a contract is awarded or bids are opened, a matter directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process; or(15) discuss cybersecurity, if the public body determines that public discussion would constitute a risk to: (i) security assessments or deployments relating to information resources technology;(ii) network security information, including information that is:1. related to passwords, personal identification numbers, access codes, encryption, or other components of the security system of a governmental entity;2. collected, assembled, or maintained by or for a governmental entity to prevent, detect, or investigate criminal activity; or3. related to an assessment, made by or for a governmental entity or maintained by a governmental entity, of the vulnerability of a network to criminal activity; or(iii) deployments or implementation of security personnel, critical infrastructure, or security devices.(c) A public body that meets in closed session under this section may not discuss or act on any matter not authorized under subsection (b) of this section.(d)(1) Unless a majority of the members of a public body present and voting vote in favor of closing the session, the public body may not meet in closed session.(2) Before a public body meets in closed session, the presiding officer shall: (i) conduct a recorded vote on the closing of the session; and(ii) make a written statement of the reason for closing the meeting, including a citation of the authority under this section, and a listing of the topics to be discussed.(3) If a person objects to the closing of a session, the public body shall send a copy of the written statement to the Board.(4) The written statement shall be a matter of public record.(5) A public body shall keep a copy of the written statement for at least 3 years after the date of the session.(6) To the extent practicable, a public body shall post online the written statement required to be kept under paragraph (5) of this subsection.Amended by 2022 Md. Laws, Ch. 345, Sec. 1, eff. 10/1/2022.Amended by 2018 Md. Laws, Ch. 304, Sec. 1, eff. 10/1/2018.Added by 2014 Md. Laws, Ch. 94, Sec. 2, eff. 10/1/2014.