Maryland Code, GENERAL PROVISIONS 3-305
Terms Used In Maryland Code, GENERAL PROVISIONS 3-305
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Contract: A legal written agreement that becomes binding when signed.
- including: means includes or including by way of illustration and not by way of limitation. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(b) Subject to subsection (d) of this section, a public body may meet in closed session or adjourn an open session to a closed session only to:
(1) discuss:
(i) the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of an appointee, employee, or official over whom it has jurisdiction; or
(ii) any other personnel matter that affects one or more specific individuals;
(2) protect the privacy or reputation of an individual with respect to a matter that is not related to public business;
(3) consider the acquisition of real property for a public purpose and matters directly related to the acquisition;
(4) consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State;
(5) consider the investment of public funds;
(6) consider the marketing of public securities;
(7) consult with counsel to obtain legal advice;
(8) consult with staff, consultants, or other individuals about pending or potential litigation;
(9) conduct collective bargaining negotiations or consider matters that relate to the negotiations;
(10) discuss public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including:
(i) the deployment of fire and police services and staff; and
(ii) the development and implementation of emergency plans;
(11) prepare, administer, or grade a scholastic, licensing, or qualifying examination;
(12) conduct or discuss an investigative proceeding on actual or possible criminal conduct;
(13) comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter;
(14) discuss, before a contract is awarded or bids are opened, a matter directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process; or
(15) discuss cybersecurity, if the public body determines that public discussion would constitute a risk to:
(i) security assessments or deployments relating to information resources technology;
(ii) network security information, including information that is:
1. related to passwords, personal identification numbers, access codes, encryption, or other components of the security system of a governmental entity;
2. collected, assembled, or maintained by or for a governmental entity to prevent, detect, or investigate criminal activity; or
3. related to an assessment, made by or for a governmental entity or maintained by a governmental entity, of the vulnerability of a network to criminal activity; or
(iii) deployments or implementation of security personnel, critical infrastructure, or security devices.
(c) A public body that meets in closed session under this section may not discuss or act on any matter not authorized under subsection (b) of this section.
(d) (1) Unless a majority of the members of a public body present and voting vote in favor of closing the session, the public body may not meet in closed session.
(2) Before a public body meets in closed session, the presiding officer shall:
(i) conduct a recorded vote on the closing of the session; and
(ii) make a written statement of the reason for closing the meeting, including a citation of the authority under this section, and a listing of the topics to be discussed.
(3) If a person objects to the closing of a session, the public body shall send a copy of the written statement to the Board.
(4) The written statement shall be a matter of public record.
(5) A public body shall keep a copy of the written statement for at least 3 years after the date of the session.
(6) To the extent practicable, a public body shall post online the written statement required to be kept under paragraph (5) of this subsection.