[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2413.5]
[Page 361-362]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2413--OPEN MEETINGS--Table of Contents
 
Sec. 2413.5  Action necessary to close meeting; record of votes.
    A meeting shall be closed to public observation under Sec. 2413.4, 
only when a majority of the members of the Authority who will 
participate in the meeting vote to take such action.
    (a) When the meeting deliberations concern matters specified in 
Sec. 2413.4(a), the Authority members shall vote at the beginning of the 
meeting, or portion thereof, on whether to close such meeting, or 
portion thereof, to public observation and on whether the public 
interest requires that a meeting which
[[Page 362]]
may properly be closed should nevertheless be open to public 
observation. A record of such vote, reflecting the vote of each member 
of the Authority, shall be kept and made available to the public at the 
earliest practicable time.
    (b) When the meeting deliberations concern matters specified in 
Sec. 2413.4(b), the Authority shall vote on whether to close such 
meeting, or portion thereof, to public observation, and on whether there 
is a public interest which requires that a meeting which may properly be 
closed should nevertheless be open to public observation. The vote shall 
be taken at a time sufficient to permit inclusion of information 
concerning the open or closed status of the meeting in the public 
announcement thereof. A single vote may be taken with respect to a 
series of meetings at which the deliberations will concern the same 
particular matters where such subsequent meetings are scheduled to be 
held within thirty (30) days after the initial meeting. A record of such 
vote, reflecting the vote of each member of the Authority, shall be kept 
and made available for the public within one (1) day after the vote is 
taken.
    (c) Whenever any person whose interests may be directly affected by 
deliberations during a meeting, or a portion thereof, requests that the 
Authority close that meeting, or portion thereof, to public observation 
for any of the reasons specified in 5 U.S.C. 552b(c)(5) (matters of 
alleged criminal conduct or formal censure), (c)(6) (personal 
information where disclosure would cause a clearly unwarranted invasion 
of personal privacy), or (c)(7) (certain materials or information from 
investigatory files compiled for law enforcement purposes), the 
Authority members participating in the meeting, upon request of any one 
of its members, shall vote on whether to close such meeting, or a 
portion thereof, for that reason. A record of such vote, reflecting the 
vote of each member of the Authority participating in the meeting, shall 
be kept and made available to the public within one (1) day after the 
vote is taken.
    (d) After public announcement of a meeting as provided in 
Sec. 2413.6, a meeting, or portion thereof, announced as closed may be 
opened, or a meeting, or portion thereof, announced as open may be 
closed only if a majority of the members of the Authority who will 
participate in the meeting determine by a recorded vote that Authority 
business so requires and that an earlier announcement of the change was 
not possible. The change made and the vote of each member on the change 
shall be announced publicly at the earliest practicable time.
    (e) Before a meeting may be closed pursuant to Sec. 2413.4, the 
Solicitor of the Authority shall certify that in the Solicitor's opinion 
the meeting may properly be closed to public observation. The 
certification shall set forth each applicable exemptive provision for 
such closing. Such certification shall be retained by the agency and 
made publicly available as soon as practicable.