M3N2

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Generally not exempt. May be closed only if discussing the character, professional competence or physical or mental health of the person. La. Rev. Stat. Ann. § 42:6.1(A)(1). See also Op. Att'y Gen. 94-561 (La. State Board of Certified Social Work examining must hold disciplinary hearings in public).

The statute permits executive sessions to discipline public employees or officials who are not elected, but bars executive sessions for the discipline or removal from office of elected officials. Ohio Rev. Code § 121.22(G)(1).

The FOIA’s personnel exemption permits, but does not require, an executive session to consider the “promotion, demotion, [or] disciplining of any public officer or employee.” Ark. Code Ann. § 25-19-106(c)(1). Thus, a governing body may meet in executive session to consider disciplining an employee, Ark. Op. Att’y Gen. No. 81-213; to review an employee’s performance, if that review may lead to demotion or changed compensation, Ark. Op. Att’y Gen. No.

Closed.

a. Public bodies may discuss appointments, hiring, employment, promotion, demotion, disciplining or resignation of a salaried public official or employee in a closed meeting. 25 O.S. § 307.B.1.

b. The Oklahoma State Board of Medical Examiners may hold more than the minimum of two meetings per year to consider disciplinary hearings if the notice requirements of 59 O.S. § 488 and the Open Meeting Law are met. 1977 OK AG 251.

Closed under both Acts. A body may hold a closed session to evaluate performance or to hear charges or complaints against a public employee. Cal. Gov't Code §§ 11126(a) (Bagley-Keene Act); 54957(b)(1) (Brown Act). “‘[T]o consider the … evaluation of performance’ clearly is meant to extend to all employer consideration of an employee’s discharge of his or her job duties after ‘appointment’ or ‘employment’ of the employee, up to (but excluding) ‘discipline’ or ‘dismissal’ of the employee.” Duval v. Board of Trustees, 93 Cal. App. 4th 902, 909, 113 Cal. Rptr. 2d 517 (2001).

Meetings that concern the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees or officials over whom the entity has jurisdiction or any other personnel matter affecting one or more specific individuals may be closed. § 10-508(a)(1).

An executive session may be held. 

Meetings of a state public body to consider appointment or employment of public officials or employees or the dismissal, discipline, promotion, demotion, compensation of, or charges or complaints against public officials or employees are open unless the public applicant, official, or employee requests an executive session. Colo. Rev. Stat. § 24-6-402(3)(b). However, meetings of local public bodies to consider similar matters with respect to public employees (not public officials) are closed unless the subject of the executive session requests that it be conducted as an open meeting. Colo.