Open Meetings Law Changes

For the most part, the changes to the open meetings and public records laws are minor and won’t greatly impact how the average reporter does his work day-to-day. In particular, the open meetings law contains only two minor and one real, substantive change. The definition of “public body” has been altered slightly to make parallel the provisions relating to public hospitals and those hospitals that have been “sold or conveyed pursuant to G.S. 131E-8.” G.S. § 143-318.10(c). Second, the provision allowing for closed session discussion concerning the handling of a claim, judicial action or administrative proceeding has been expanded to allow the discussion of handling of a mediation or arbitration, as well. G.S. § 143-318.11(a)(3).

The only substantive change to the open meetings law was the addition of an eighth exemption allowing for a closed session “To formulate plans by a local board of education relating to emergency response to incidents of school violence.” G.S. § 143-318.11(a)(8). I have not heard reports of any board of education going into closed session under this provision but suggest that if your board is about to do so, underscore for them that this exemption should only be used in an emergency situation.