SB 6109 to Exempt Executive Session Recordings

Normally we're not huge fans of exemptions from disclosure here at og-blog.

This might be an exception. Senate Bill 6109 exempts video and audio recordings of closed-to-the-public executive sessions of otherwise open public meetings. This is so municipalities (and the few state agencies subject to the OPMA) will record them. Without this exemption those recordings are subject to disclosure.

But the saving grace of SB 6109 is that a municipality may waive the exemption. This would be done when, for example, an illegal executive session occurred. The recording would be the proof that something happened in the executive session that violated the Open Public Meetings Act. A majority of the municipality's governing body must authorize the waiver of the exemption, which probably wouldn't happen too often. But it could, theoretically, happen. This is better than the current situation in which no municipalities record their executive sessions.