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Can the Board of a Govt agency refuse to reveal the specifics of a vote held in closed session?

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july1962

Junior Member
What is the name of your state? California.

I'm wondering if a state agency, like the Medical Board of California, can refuse to reveal the specific outcome of a vote held in closed session. For instance, when they go into closed session to deliberate on the discipline of a doctor, and they then vote, I know they have to reveal the outcome of the vote. BUT, are they allowed to refuse to reveal how each board member actually voted?
 


Just Blue

Senior Member
What is the name of your state? California.

I'm wondering if a state agency, like the Medical Board of California, can refuse to reveal the specific outcome of a vote held in closed session. For instance, when they go into closed session to deliberate on the discipline of a doctor, and they then vote, I know they have to reveal the outcome of the vote. BUT, are they allowed to refuse to reveal how each board member actually voted?
Is this an actual situation or hypothetical?
 

quincy

Senior Member
What is the name of your state? California.

I'm wondering if a state agency, like the Medical Board of California, can refuse to reveal the specific outcome of a vote held in closed session. For instance, when they go into closed session to deliberate on the discipline of a doctor, and they then vote, I know they have to reveal the outcome of the vote. BUT, are they allowed to refuse to reveal how each board member actually voted?
Are they allowed to withhold how members of the board voted? Possibly.

Under open meeting laws, the public has a right to attend meetings of public authorities. Every meeting where a public board or public authority gathers to conduct business must be open to the public.

But there are limited exceptions. Federal law, for example, allows for a closed-to-the-public meeting if the meeting is closed for one of ten identified categories. An example would be if the meeting is closed to discuss salary or personnel decisions.

The exemptions permit an agency or board to withhold information on national security grounds, for trade secrets reasons, on privacy grounds, if it involves an ongoing law enforcement investigation, if the information is federally regulated bank information, or oil and gas data, if the information is an internal agency memorandum, if specifically exempt from disclosure by another law - or, and here is where an exemption might apply on voting, on internal agency personnel rules.

Even when a meeting or a portion of a meeting is closed to the public, a transcript of the meeting must be prepared. This transcript (or "minutes of the meeting") must be disclosed upon request to the extent that exempt information can be redacted.
 

Taxing Matters

Overtaxed Member
What is the name of your state? California.

I'm wondering if a state agency, like the Medical Board of California, can refuse to reveal the specific outcome of a vote held in closed session. For instance, when they go into closed session to deliberate on the discipline of a doctor, and they then vote, I know they have to reveal the outcome of the vote. BUT, are they allowed to refuse to reveal how each board member actually voted?
If the meeting is allowed to be in closed session the state body does not have to disclose the details of that closed session. That is the purpose of having a closed session. A meeting by the Medical Board to discuss the discipline of a doctor generally would be among those meetings that California law allows to be in closed session. For state boards (which are state bodies that are governed by more than one person) the rules for open meetings are contained in the Bagely-Keene Open Meeting Act. The California Department of Consumer Affairs (DCA) has prepared a comprehensive Guide to the Bagely-Keene Act. Just for clarification, it is this Act and not federal open meeting laws that apply to California state boards, and the federal and state laws do differ.
 
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quincy

Senior Member
The minutes or transcript of the meeting must be provided upon an FOI request. There can be redactions to the information provided.
 

Taxing Matters

Overtaxed Member
The minutes or transcript of the meeting must be provided upon an FOI request. There can be redactions to the information provided.
I'm not so sure of that. The federal Freedom of Information Act (FOIA) only applies to federal executive agencies, not to any state or local agencies. California has the California Public Records Act of 2004. That Act has numerous exemptions of material that is exempt from disclosure, including much of the material in a medical licensing suspension or revocation proceeding. Whether that would cover the actual vote on the matter I don't know. An interested person certainly could request the records and see what the Medical Board's response was.
 

quincy

Senior Member
You sure have an awful lot of free time available, huh? :)

After a closed session, there are certain disclosures that must be made upon request, See (I think) Section 11125.2.

I have made these requests many times in the past but would have to invest more time than I have right now to check California.
 

Taxing Matters

Overtaxed Member
You sure have an awful lot of free time available, huh? :)
I've had occaison before to look into California's open meeting and public records disclosure laws and knew where to find the links to the resources. They are rather complex pieces of legislation, and to make matters worse a number of other provisions of California law impact how these laws apply to various boards/commissions.
 

quincy

Senior Member
I've had occaison before to look into California's open meeting and public records disclosure laws and knew where to find the links to the resources. They are rather complex pieces of legislation, and to make matters worse a number of other provisions of California law impact how these laws apply to various boards/commissions.
I would file the request and see where it leads.
 

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