• Discussion of the medical, financial, credit or employment history of a person or corporation, or the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or corporation.

• The preparation, grading or administration of examinations.

• Discussion of the proposed acquisition, sale or lease of property or the proposed acquisition of securities, or the sale or exchange of securities.

“A reason for the executive session must always be given during the open meeting,” says Bob Freeman, executive director of the Committee on Open Government. According to Freeman, a member of a board must introduce a motion to hold an executive session. The motion must dictate the topic of discussion, and must be approved by a majority of the board. If an executive session doesn’t follow the state guidelines, it risks a lawsuit, and potential invalidation of its actions.

Often, Freeman tells us, organizations and government bodies have “discussion sessions” that they believe are not covered by the Open Meetings Law. “However,” he adds, “the state’s highest court reached a different opinion: any situations in which a majority gathers to conduct public business constitutes an open meeting.”