Sec. 1. 1 MRSA §405, sub-§7 is enacted to read:

7.__Record required.__Along with the record of the vote on the motion to go into executive session as required in subsection 3, the body or agency shall record the discussion in executive session.__The record of the discussion is confidential and may not be released except:

A.__If a majority of the body or agency votes to release it;

B.__To a court for in camera inspection; or

C.__By order of a court in an action alleging a violation of this subchapter.

The record may be made in writing or in electronic or other form.

SUMMARY

Current freedom of access laws require an agency or body to record the vote on the motion to go into executive session. This bill directs that the record of the vote must include the discussion in the executive session. The record can be in writing or in electronic or other form. The record of the discussions is confidential and may not be released except in 3 situations. First, a majority of the body or agency may vote to release the record. Second, the record may be released to a court for in camera inspection. Third, the record may be released pursuant to an order of a court when a violation of freedom of access laws is alleged.