§ 7-107. Executive sessions.
In the spirit of open meetings, public bodies shall limit their executive sessions to only those essential matters requiring confidentiality.
A. No executive session shall be held until the public body has first convened in an open session for which notice has been given.
B. A public body must advise all persons attending an executive session that all information provided during the executive session is confidential.
C. An executive session may be held once a majority of the members of the public body have voted in favor of entering into executive session. Executive sessions may be held only for the following purposes:
1. Personnel Matters. Any matter relating to employment or appointment of an individual as a public officer including, but not limited to, the individual’s employment history, medical history, financial or credit history, salary, promotion, demotion, discipline, dismissal or resignation.
2. Legal Advice. Any discussion or consideration of sensitive legal advice including, but not limited to, proposed, pending or current litigation.
3. Criminal Matter. Any matter relating to a current or future investigation or prosecution of a criminal offense, which would threaten effective law enforcement if disclosed.
4. Real Property. To consider the purchase, exchange, lease or value of real property, if such discussions in an open meeting may have a detrimental effect on the negotiating position of the governmental body or its entities.
5. Intergovernmental Relations. Any matter regarding the consultation or negotiation with another government including, but not limited to, any local, city, town, county, state, federal, tribal governmental entity or any subdivision thereof.
6. Law Enforcement. Any matter which may disclose the identity of a law enforcement agent or informer.
7. Proprietary Business Matters. Any matter that contains proprietary information, which if disclosed to the public may compromise the competitive advantage of business entities owned, in whole or in part, by the Osage Nation.
8. Gaming Licensure. Any matter of gaming licensure for Gaming Commission staff, employees of a gaming facility or a gaming vendor that contains personal or confidential information.
D. A copy of all documents presented to the public body or reviewed by the public body in executive session must be retained by the public body, and may be treated as confidential or protected unless designated a public record by the Osage Nation Congress.
E. All advisory boards, business boards, health boards and nonbusiness boards, as defined in 15 ONC § 5-102, shall make meetings available electronically, including the executive sessions, to the elected officials of both the Legislative Branch and the Executive Branch of the Osage Nation. ONCA 07-53, eff. Dec. 4, 2007; ONCA 11-38, eff. Apr. 12, 2011; ONCA 12-117, eff. Oct. 2, 2012; ONCA 22-31, eff. Apr. 14, 2022.