Executive Session: Truth and Myth

Generally, executive session is to protect private information of individuals that do business with the county.

Some examples:

- Discussing future acquisition of real estate.

- Staff meetings for investigative purposes.

- Tax matters made confidential by state law.

- Consultation with legal counsel pertaining to pending or threatened litigation.

- Deliberating or discussing action on an employee or government officer. (However, this exception shall not apply to the receipt of evidence or when hearing argument on personnel matters.)

Before going into executive session, the meeting must be opened in the public, and then by a vote of majority quorum present, a board or council can go into executive session. Also, before going into executive session, the chairman or presiding officer must state the reason for the closed session and then has the duty of making sure that is the only subject deliberated.

After every executive session, the chairman or presiding officer must sign an affidavit stating the reason for closed session, and that that reason only was discussed. In just about all cases, executive session is for discussion only, meaning action must be taken in public.

Although there is no legal requirement to go into executive session, it is useful when used with discretion to protect private matters protected by law, but whenever possible, it is always best to conduct your business in the public to promote trust and respect.

(Editor’s note: The News-Banner appreciates new County Chairman Leslie Burch’s noted stance regarding executive sessions. This newspaper has long advocated that all local government entities should abide by the state of Georgia’s open meetings and open records law. We will continue to push for openness in our government.)