HARRY HUGHES, Governor

1477

requires to be open" is substituted for the former
limitation "[s]ubject to the provisions of § 9," for
clarity.

The second sentence of former Art. 76A, § 12(a), which
stated that notice of a closed session shall be "as
provided in § 11(b)(2)", is deleted since the
referenced provision -- now § 4-109(c)(2) of this
subtitle -- provided for a record in the minutes,
rather than notice. However, in § 4-110 of this
subtitle, the second sentence of former Art. 76A, §
12(a) is reflected by the references to "§
4-109(c)(1)", since a failure to comply with the
former sentence presumably was intended to be "a
violation of § 12".

Defined terms: "Includes"; "including" § 1-101
"Meet" § 4-101 "Public body" § 4-101

4-107. ATTENDANCE AT OPEN SESSION.

(A)   IN GENERAL.

WHENEVER A PUBLIC BODY MEETS IN OPEN SESSION, THE GENERAL
PUBLIC IS ENTITLED TO ATTEND.

(B)  REMOVAL OF INDIVIDUALS.

(1)   IF THE PRESIDING OFFICER DETERMINES THAT THE
BEHAVIOR OF AN INDIVIDUAL IS DISRUPTING AN OPEN SESSION, THE
PUBLIC BODY MAY HAVE THE INDIVIDUAL REMOVED.

(2)  UNLESS THE PUBLIC BODY OR ITS MEMBERS OR AGENTS
ACTED MALICIOUSLY, THE PUBLIC BODY, MEMBERS, AND AGENTS ARE NOT
LIABLE FOR HAVING AN INDIVIDUAL REMOVED UNDER THIS SUBSECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 76A, §
10(b).

Defined terms: "Meet" § 4-101
"Public body" § 4-101

4-108. CLOSED SESSIONS PERMITTED.

(A) IN GENERAL.

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, OR
RESIGNATION OF APPOINTEES, EMPLOYEES, OR OFFICIALS OVER WHOM IT
HAS JURISDICTION; OR