Language for Motion to Go into Closed Session on the Basis of Privileged or Confidential Information

If the reason for going into closed session is to discuss information that is privileged or confidential because of State or Federal law (i.e., you are going to check the very first box on the Motion to Go into Closed Session form), the Open Meetings Law requires the motion for closed session to include the name or citation of the law that renders the information to be discussed "privileged" or "confidential."

Below are phrases that should be inserted in the appropriate blank on the motion form, depending on the particular reason for the closed session. The list is not exhaustive, but it should cover the vast majority of cases. If you have any question about the language of a particular motion, please contact the Office of Legal Affairs.

If the matter to be discussed in closed session is:

State employee personnel records -- cite the following State law:

"Article 7 of Chapter 126 of the North Carolina General Statutes" 
"The Privacy of State Employees Personnel Records Act"

A student's education records -- cite the following Federal law:

"Public Law 93-380, as amended by Public Law 93-568" 
"The Family Educational Rights and Privacy Act of 1974"

 Social Security account numbers -- cite the following Federal law:

"Public Law 93-579, as amended by Public Law 94-455" 
"The Privacy Act of 1974"

Invention disclosures and other University documents that disclose details of University inventions not yet protected through the patenting process -- cite the following Federal law:

"35 U.S.C. 101 et seq. 'Patentability of Inventions and Grant of Patents'"