Closed Session Deep Dive: Acquisition of Real Property and Employment Contracts

The open meetings law requires all official meetings of public bodies to be open to the public. G.S. 143-318.10(a). However, government bodies can hold closed-door meetings, known as closed sessions, under certain limited circumstances. This post focuses on closed sessions for the purpose of negotiating real property acquisition and employment contracts and is Part 3 of a series examining each of the closed session purposes.

Purpose (a)(5): Contracts for Acquiring Real Property and Employment Contracts  

Under G.S. 143-318.11(a)(5), government bodies may enter closed session to establish their bargaining position for negotiations surrounding real property acquisition contracts and employment contracts. Additionally, the subsection authorizes government bodies to instruct their staff or negotiating agents on the price or compensation and other material terms in negotiations for contracts to acquire real property and employment contracts while in closed session.

Let’s walk through the language of the statute.

“To establish, or to instruct the public body’s staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating…”

This closed session purpose allows establishing a bargaining position and instructing staff or negotiating agents on that bargaining position for certain contracts. To establish a bargaining position, a public body likely needs to discuss, deliberate, and then reach some sort of agreement, either by informal consensus or formal vote. This section seems to impliedly authorize formal voting since that is a way a board might “establish” its bargaining position.