by Hilary Niles vtdigger.org New exemptions to Vermont’s open meeting laws are on notice for a Senate vote, likely Friday morning. The changes will make it easier for public bodies to hold closed-door meetings with legal counsel. An earlier version of H.497, passed by the House, carved out an allowance for executive sessions to discuss “pending” lawsuits to which the public body may be a party.
The Senate version, recommended by the Senate Committee on Government Operations, loosens that exemption. Public bodies would be able to enter a closed executive session for “pending or probable” litigation, or for any confidential attorney-client communications.
Consistent with existing law, minutes of the executive session would not have to be taken. If they are kept, the minutes would not have to be made public.
Formal or binding actions cannot be taken in executive session, except for certain real estate decisions. A public vote must be taken to agree to enter a non-public session.
The House Government Operations Committee debated the legal counsel exemption in February. They settled on requiring the public body to make a “specific finding” that public knowledge of whatever was to be discussed would put the public body or a person at a substantial disadvantage in some way.
The Senate version kept that clause, so the executive sessions cannot be entered into merely by claiming that public knowledge of the discussion would disadvantage the parties.
Penalties and potential attorney fees for the prevailing party in a lawsuit over open meeting violations were also maintained, as were provisions to clarify participation in a public meeting by telephone or videoconferencing.
One more new addition exempts the meetings of restorative justice panels for group conferencing or mediation from the open meeting law.