(a) A meeting or a portion of
a meeting will be closed to public observation under regular procedures,
or information as to such meeting or portion of a meeting will be
withheld, only by recorded vote of a majority of the members of the
agency when it is determined that the meeting or the portion of the
meeting or the withholding of information qualifies for exemption
under section 261b.5 of this part. Votes by proxy are not allowed.
(b) Except as provided in subsection (c) of this
section, a separate vote of the members of the agency will be taken
with respect to the closing or withholding of information as to each
meeting or portion thereof which is proposed to be closed to public
observation or with respect to which information is proposed to be
withheld pursuant to this section.
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(c) A single vote may be taken with
respect to a series of meetings, a portion or portions of which are
proposed to be closed to public observation or with respect to any
information concerning such series of meetings proposed to be withheld,
so long as each meeting or portion thereof in such series involves
the same particular matters and is scheduled to be held no more than
thirty days after the initial meeting in such series.
(d) Whenever any person’s interests may be directly affected
by a portion of a meeting for any of the reasons referred to in exemption
(5), (6) or (7) of section 261b.5 of this part, such person may request
in writing to the secretary of the Board that such portion of the
meeting be closed to public observation. The secretary, or in his
or her absence, the acting secretary of the Board, will transmit the
request to the members and upon the request of any one of them a recorded
vote will be taken whether to close such meeting to public observation.
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(e) Within one day of any vote taken pursuant to subparagraphs
(a) through (d) of this section, the agency will make publicly available
at the Board’s Public Affairs Office and Freedom of Information Office
a written copy of such vote reflecting the vote of each member on
the question. If a meeting or a portion of a meeting is to be closed
to public observation, the agency, within one day of the vote taken
pursuant to subparagraphs (a) through (d) of this section, will make
publicly available at the Board’s Public Affairs Office and Freedom
of Information Office a full, written explanation of its action closing
the meeting or portion of the meeting together with a list of all
persons expected to attend the meeting and their affiliation, except
to the extent such information is determined by the agency to be exempt
from disclosure under subsection (c) of the act and section 261b.5
of this part.
(f) Any person may request in writing
to the secretary of the Board that an announced closed meeting, or
portion of the meeting, be held open to public observation. The secretary,
or in his or her absence, the acting secretary of the Board, will
transmit the request to the members of the Board and upon the request
of any member a recorded vote will be taken whether to open such meeting
to public observation.
