(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) For discussion of strategy with respect to any of the following:
(a) Collective bargaining;
(b) Initiation of litigation or litigation that is either pending or has been threatened specifically in writing;
(c) The implementation of security systems; or
(d) The purchase or lease of real property by the Town Council up to the time a contract or option to purchase or lease is executed by the parties. However, all 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) Interviews with industrial or commercial prospects or agents of industrial or commercial prospects by the Indiana Economic Development Corporation, the Indiana Development Finance Authority, the Office of Tourism Development, the Indiana Finance Authority or Economic Development Commissions;
(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. 15-10-1-4 or I.C. Title 25; and
(13) To discuss information and intelligence intended to prevent, mitigate or respond to the threat of terrorism.
(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 § 31.024 of this chapter 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) (Prior Code, § 31.021)