EXECUTIVE SESSIONS:

Only the portions of a public meeting that are specifically confidential or exempt from the open meetings law may be closed to the public and held in an executive session. The remainder of the meeting must be open to the public.
• Generally, the Kramer City Council must use the Executive Session with extreme care, and shall only convene such a session, when confidential or exempt records are considered may be closed to the public and ... 
• The Kramer City Council may close a meeting to talk with its attorney if the discussion pertains to the attorney’s advice regarding a “pending or reasonably predictable” lawsuit being considered to be undertaken by or against the Kramer City Council, and ...
• An executive session also may be held to discuss the risks, strengths or weaknesses of an action by the Kramer City Council or negotiating strategy, if holding the
discussion in an open meeting would have an adverse fiscal effect on the bargaining or litigating position of the Kramer City Council.
• In addition to discussing closed or confidential economic development records, an executive session is authorized to discuss the Kramer City Council’s efforts to recruit a new business to the area served by the Kramer City Council.

CLOSED MEETINGS PROCEDURES

Although certain statutes may apply to meetings or entities such as the Kramer City Council, North Dakota State law specifies the following general procedure for holding an executive session.
1. Convene in an open session preceded by public notice;
2. Announce during the open portion of the meeting the topics to be considered during the executive session and the legal authority for holding an executive session on those topics;
3. Pass a motion to hold an executive session, unless a motion is unnecessary because a confidential meeting is required;
4. Record the executive session electronically;
5. Limit the topics considered during the executive session to the announced, authorized topics; and
6. Take final action on the topics considered in the executive session during the open portion of a meeting.

Under these provisions, the Kramer City Council’s authority to hold an executive session may be invoked only during a properly noticed open meeting, and not during a separate meeting for which public notice is not provided. To close a portion of the meeting, the governing body may either excuse the public or reconvene in another location. In most instances the Kramer City Council will remain “in situ” and will ask the public to depart and provide a tentative time to return to the open session.
A vote to go into executive session is not necessary if a confidential meeting is required or if the Kramer City Council is closing the meeting to discuss confidential records. However, because a discussion of exempt records does not necessarily have to occur in an executive session, a vote is necessary to determine whether the discussion will occur in an open meeting or in an executive session. Final action on the topics considered in the executive session must be taken during the open portion of the meeting. Substantive votes must be recorded by roll call.