Actions Permitted Only In Open Session/Voting

Lee Jackson Motel v. Industrial Development Authority

The procedure was not in opposition of the Freedom of Information Act, and the size of the land purchase did not invalidate the proposition.

Lee Jackson Motel v. Industrial Development Authority

The burden is on the plaintiff to show that an action was taken in executive or closed session without reconvening in open session.

Attorney General's Opinion 1979-80 #380

Executive session called without a prior resolution adopted in public meeting violates FOIA. No election of planning commission officers in executive session. Actions taken by illegally elected public body officers are valid up until the point when they learn of the election defect.

Attorney General's Opinion 1979-80 #381

Public body cannot adopt a resolution in executive session, and a public vote on the resolution does not cure the error.

Attorney General's Opinion 1977-78 #492

Secret ballot voting in open meeting prohibited. Actions taken by secret-ballot vote are ineffective until affirmed by open vote in open meeting.

Attorney General's Opinion 1974-75 #578

Secret-ballot vote at open meeting not permissible. Election of officers by improper secret at an open meeting not valid until vote can be retaken in open session.

Attorney General's Opinion 1970-71 #445

Any action taken in closed meeting must be voted on in a public meeting.

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