(A) As used in this section, PUBLIC OFFICIAL means a person:
(1) Who is a member of a governing body of a public agency; or
(2) Whose tenure and compensation are fixed by law and who executes an oath.
(B) Executive sessions may be held only in the following instances:
(1) Where authorized by federal or state statute;
(2) (a) For discussion of strategy with respect to any of the following:
1. Collective bargaining, which does not include a discussion or meeting under I.C. 20-29-6-7;
2. Initiation of litigation or litigation that is either pending or has been threatened specifically in writing. As used in this division (B)(2), LITIGATION includes any judicial action or administrative law proceeding under federal or state law;
3. The implementation of security systems;
4. A real property transaction including any of the following, by the Town Council, up to the time a contract or option is executed by the parties. This clause does not affect the Town Council’s duty to comply with any other statute that governs the conduct of the real property transaction, including I.C. 36-1-10 or I.C. 36-1-11:
a. A purchase;
b. A lease as lessor;
c. A lease as lessee;
d. A transfer;
e. An exchange; or
f. A sale.
5. School consolidation.
(b) However, all such strategy discussions must be necessary for competitive or bargaining reasons and may not include competitive or bargaining adversaries.
(3) For discussion of the assessment, design and implementation of school safety and security measures, plans and systems;
(4) (a) Interviews and negotiations with industrial or commercial prospects or agents of industrial or commercial prospects by:
1. The Indiana Economic Development Corporation;
2. The Office of Tourism Development (before July 1, 2020) or the Indiana Destination Development Corporation (after June 30, 2020);
3. The Indiana Finance Authority;
4. The ports of Indiana;
5. An Economic Development Commission;
6. The Indiana State Department of Agriculture;
7. The Indiana White River State Park Development Commission;
8. A local economic development organization that is a nonprofit corporation established under state law whose primary purpose is the promotion of industrial or business development in Indiana, the retention or expansion of Indiana business, or the development of entrepreneurial activities in Indiana; or
9. A governing body of a political subdivision.
(b) However this subdivision does not apply to any discussions regarding research that is prohibited under I.C. 16-34.5-1-2 or under any other law.
(5) To receive information about and interview prospective employees;
(6) With respect to any individual over whom the Town Council has jurisdiction:
(a) To receive information concerning the individual’s alleged misconduct; and
(b) To discuss, before a determination, the individual’s status as an employee, a student or an independent contractor who is a physician or a school bus driver.
(7) For discussion of records classified as confidential by state or federal statute;
(8) To discuss before a placement decision an individual student’s abilities, past performance, behavior and needs;
(9) To discuss a job performance evaluation of individual employees. This division (B)(9) does not apply to a discussion of the salary, compensation or benefits of employees during a budget process;
(10) When considering the appointment of a public official, to do the following:
(a) Develop a list of prospective appointees;
(b) Consider applications;
(c) Make one initial exclusion of prospective appointees from further consideration; and
(d) Notwithstanding I.C. 5-14-3-4(b)(12), the Town Council may release and shall make available for inspection and copying in accordance with I.C. 5-14-3-3 identifying information concerning prospective appointees not initially excluded from further consideration. An initial exclusion of prospective appointees from further consideration may not reduce the number of prospective appointees to fewer than three unless there are fewer than three prospective appointees. Interviews of prospective appointees must be conducted at a meeting that is open to the public.
(11) To train School Board members with an outside consultant about the performance of the role of its members as public officials;
(12) To prepare or score examinations used in issuing licenses, certificates, permits or registrations under I.C. 25;
(13) To discuss information and intelligence intended to prevent, mitigate or respond to the threat of terrorism; and
(14) To train members of a Board of Aviation Commissioners appointed under I.C. 8-22-2 or members of an airport authority board appointed under I.C. 8-22-3 with an outside consultant about the performance of the role of the members as public officials. A Board may hold not more than one executive session per calendar year under this division (B)(14).
(C) A final action must be taken at a meeting open to the public.
(D) Public notice of executive sessions must state the subject matter by specific reference to the enumerated instance or instances for which executive sessions may be held under division (B) above. The requirements stated in § 31.019 for memoranda and minutes being made available to the public is modified as to executive sessions in that the memoranda and minutes must identify the subject matter considered by specific reference to the enumerated instance or instances for which public notice was given. The Town Council shall certify by a statement in the memoranda and minutes of the Town Council that no subject matter was discussed in the executive session other than the subject matter specified in the public notice.
(E) The Town Council may not conduct an executive session during a meeting, except as otherwise permitted by applicable statute. A meeting may not be recessed and reconvened with the intent of circumventing this division (E).
(I.C. 5-14-1.5-6.1)