N. Personnel matters.

Not all "personnel matters" may properly be discussed in closed session. Like the catchphrase "budget," the word "personnel" is often too readily invoked to justify an arguably improper executive session. AS 44.62.310(c)(2), allows, but does not require, executive sessions to discuss "subjects that tend to prejudice the reputation and character of any person." If the subject to be discussed relates to personnel, but does not tend to prejudice a specific person's reputation or character, it must be discussed publicly (e.g., criteria for selection of new superintendent or city manager). Even if the discussion would likely be prejudicial, the act further provides that an executive session may be held only if the person to be discussed does not request a public discussion. The individual has a statutory right to require that the discussion be open, which means that in order to meaningfully exercise this right he or she should be given advance notice of the planned discussion. See March 15, 1979 Attorney General Opinion, supra. There is one apparent exception to this rule. The Supreme Court has ruled that where comparative qualifications and attributes of job applicants are being discussed, this may be done in executive session without allowing any one or more of the applicants the opportunity to require that the discussion be open. See City of Kenai v. Kenai Peninsula Newspapers, 642 P.2d 1316, 1326 (Alaska 1982). As a reporter, you may want to remind a person you know will be the subject of a discussion about his or her right to have the meeting remain open, and ask whether the person is willing to allow a closed session or to require open proceedings.