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Synopsis As Introduced Amends the Open Meetings Act. Prohibits the inspection of the verbatim record of a closed meeting, including for discovery purposes, in a judicial proceeding other than in a judicial proceeding to determine whether the Act has been violated. Requires (now, permits) a court's examination of verbatim records in a civil proceeding to be conducted in camera. Requires that the initial examination in a criminal proceeding must be in camera, but other examinations need not be in camera. Removes the authority of an administrative hearing officer to redact information that may qualify under the attorney-client privilege.
House Committee Amendment No. 1 Requires public bodies to keep written minutes of closed, as well as open, meetings. Removes verbatim recordings of closed meetings from the requirement that the public body regularly review them to determine whether the need for non-disclosure continues. With respect to a civil action to enforce the Open Meetings Act, conditions the court's in camera review of verbatim recordings to determine whether a violation occurred upon the judge's belief as to the necessity of the examination.
Senate Floor Amendment No. 1 (Senate recedes May 28, 2004) Removes the bill's prohibition against subjecting verbatim records of closed meetings to discovery in judicial proceedings when the public body has not consented to inspection or disclosure.
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