Question of the day: A Facebook friend asks whether the members of a public agency must vote to adopt — in open session — a nondisclosure agreement relating to matters discussed in closed session or can enter into such an agreement in closed session.

We responded:

"It is understood, but no where expressly stated, that public agency members — who are privy to matters legitimately discussed in closed session — will respect the need to maintain the confidentiality of the matters discussed. If the agency was actually so paranoid that it required members to agree to and execute an NDA — and did so in closed session — this would violate the open meetings law prohibiting agencies from taking action in closed session. KRS 61.815(1)(c)."

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23045

Not advisable under any set of facts! The Frankfort City Commission openly considered a proposal to limit its commissioners from publicly discussing matters discussed in closed session. The Commission abandoned the proposal in the face of harsh criticism.

https://www.facebook.com/419650175248377/posts/783213812225343/?d=n

https://www.facebook.com/419650175248377/posts/783111768902214/?d=n

https://www.facebook.com/419650175248377/posts/782782378935153/?d=n