GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 882

Short Title:  Open Meetings.	(Public)
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Sponsors: Representatives Miller; Bowman, Pope, Smith, and Warner.
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Referred to:  Judiciary II.
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April 18, 1991

A BILL TO BE ENTITLED
AN ACT TO ENHANCE AND PROMOTE ACCURACY IN THE RECORDS OF THE PROCEEDINGS OF PUBLIC BODIES AND TO IMPROVE PUBLIC UNDERSTANDING OF GOVERNMENT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143-318.10 is amended by adding a new subsection to read:
"( e)	Every public body shall cause comprehensive minutes to be kept of all official meetings, including any executive sessions held pursuant to G.S. 143-318.11.  Such minutes may be in written form or, at the option of the public body, may be in the form of sound or video recordings.  Such minutes shall be public records within the meaning of G.S. 132-6; provided, however, that minutes of an executive session may be withheld from public inspection so long as public inspection would frustrate the purpose for which the executive session was called."
Sec. 2.  G.S. 143-318.11(a)(5) reads as rewritten:
"(5)	To consult with an attorney employed or retained to represent the public body, to the extent that confidentiality is required in order to preserve the attorney-client privilege between the attorney and the public body."
Sec. 3.  G.S. 143-318.11(c) reads as rewritten:
"(c)	Calling an Executive Session. – A public body may hold an executive session only upon a motion made and adopted at an open meeting.  The motion shall state the purpose of the executive session with sufficient specificity as to permit persons hearing or reading the motion to understand the nature of the matters and things to be discussed in the executive session. The motion must be approved by the vote of a majority of those present and voting."
Sec. 4.  G.S. 143-318.11(d) is repealed.
Sec. 5.  G.S. 143-318.12(b)(1) reads as rewritten:
"(1)	If a public body recesses a regular, special, or emergency meeting held pursuant to public notice given in compliance with this subsection, and the time and place at which the meeting is to be continued is announced in open session, no further notice shall be required."
Sec. 6.  G.S. 143-318.16B reads as rewritten:
"§ 143-318.16B.  Attorney's fees awarded to prevailing party.
In any action brought pursuant to G.S. 143-318.16 or G.S. 143-318.16A, the court may make written findings specifying the prevailing party or parties, and may, in its discretion, award the prevailing party or parties a reasonable attorney's fee, to be taxed against the losing party or parties as part of the costs.  If in any action brought pursuant to G.S. 143-318.16 or G.S. 143-318.16A the court determines that a public body, or any member or employee thereof, has willfully violated this Article, the court shall make written findings with respect to such willful violation and shall award the plaintiffs a reasonable attorney's fee.  The attorney's fee may be taxed against the public body or against the individuals responsible for the willful violation, or may be apportioned among them."
Sec. 7.  This act becomes effective September 1, 1991.