Maryland § 3-305

§ 3-305.

    (a)    The exceptions in subsection (b) of this section shall be strictly construed in favor of open meetings of public bodies.

    (b)    Subject to subsection (d) of this section, 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, resignation, or performance evaluation of an appointee, employee, or official over whom it has jurisdiction; or

            (ii)    any other personnel matter that affects one or more specific individuals;

        (2)    protect the privacy or reputation of an individual with respect to a matter that is not related to public business;

        (3)    consider the acquisition of real property for a public purpose and matters directly related to the acquisition;

        (4)    consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State;

        (5)    consider the investment of public funds;

        (6)    consider the marketing of public securities;

        (7)    consult with counsel to obtain legal advice;

        (8)    consult with staff, consultants, or other individuals about pending or potential litigation;

        (9)    conduct collective bargaining negotiations or consider matters that relate to the negotiations;

        (10)    discuss public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including:

            (i)    the deployment of fire and police services and staff; and

            (ii)    the development and implementation of emergency plans;

        (11)    prepare, administer, or grade a scholastic, licensing, or qualifying examination;

        (12)    conduct or discuss an investigative proceeding on actual or possible criminal conduct;

        (13)    comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter;

        (14)    discuss, before a contract is awarded or bids are opened, a matter directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process; or

        (15)    discuss cybersecurity, if the public body determines that public discussion would constitute a risk to:

            (i)    security assessments or deployments relating to information resources technology;

            (ii)    network security information, including information that is:

                1.    related to passwords, personal identification numbers, access codes, encryption, or other components of the security system of a governmental entity;

                2.    collected, assembled, or maintained by or for a governmental entity to prevent, detect, or investigate criminal activity; or

                3.    related to an assessment, made by or for a governmental entity or maintained by a governmental entity, of the vulnerability of a network to criminal activity; or

            (iii)    deployments or implementation of security personnel, critical infrastructure, or security devices.

    (c)    A public body that meets in closed session under this section may not discuss or act on any matter not authorized under subsection (b) of this section.

    (d)    (1)    Unless a majority of the members of a public body present and voting vote in favor of closing the session, the public body may not meet in closed session.

        (2)    Before a public body meets in closed session, the presiding officer shall:

            (i)    conduct a recorded vote on the closing of the session; and

            (ii)    make a written statement of the reason for closing the meeting, including a citation of the authority under this section, and a listing of the topics to be discussed.

        (3)    If a person objects to the closing of a session, the public body shall send a copy of the written statement to the Board.

        (4)    The written statement shall be a matter of public record.

        (5)    A public body shall keep a copy of the written statement for at least 3 years after the date of the session.

        (6)    To the extent practicable, a public body shall post online the written statement required to be kept under paragraph (5) of this subsection.