Inquiry of the Week (2/22/99)

Question:

May council go into executive session at special meeting if executive session is not listed in notice of special meeting?

Answer:

Yes, the council may meet in executive session at a special meeting, even if the executive session is not specified in the notice for the special meeting. The council may not, as a general rule, take final action at an executive session. Since Open Public Meetings Act only imposes the limitation that a "final disposition" may only take place concerning matters listed in the notice, the council could meet in executive session at the special meeting in the absence of notice of that session. However, to the extent possible, the notice should list any proposed executive session.