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Executive session in Maine: when a board can meet in private, and what follows

Short answer

A Maine board may deliberate in executive session only on a matter § 405(6) lists. It goes in only by a public, recorded vote of 3/5 of the members present and voting, on a motion that states the precise nature of the business and cites the law that allows it. Only the matters in the motion are considered, and no official action is finally approved inside.(1 M.R.S. § 405(6); 1 M.R.S. § 405(3), (4), (5); 1 M.R.S. § 405(2))

This guide explains the law in plain words; it is not legal advice. For a question about your board, ask your municipal attorney.
By Clarivis · Checked against 1 M.R.S. §§ 403, 405 and 406 on Fri, Oct 23, 2026.

Where this fits in your meeting cycle: Clarivis is software that helps a board follow these steps: it records how the notice was posted, lists the duties it does not check, flags an executive session item until a Statutory basis is selected, and drafts the minutes for your board to correct and approve; it counts no notice or minutes deadline, because the Freedom of Access Act sets none, and it does not post the notice for you.

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Questions on this page

Maine's law calls it an executive session. The rest of the meeting is open to the public.

When can a board go into executive session?

Only for a matter the law lists:

Statute text

“Deliberations on only the following matters may be conducted during an executive session:”

1 M.R.S. § 405(6)

Each matter below is given in plain words, then in the law's own words, which govern; the Statutory basis list shows a short name for each.

Paragraph (A)

The employment, appointment, assignment, duties, promotion, demotion, compensation, evaluation, discipline, resignation or dismissal of one or more of the body's own officials, appointees or employees, or investigating or hearing charges or complaints against a person; only if public discussion could reasonably be expected to damage the person's reputation or violate their right to privacy. A person charged or investigated may attend, and may ask in writing for the investigation or hearing to be held in open session, which must be honored; anyone bringing charges, complaints or allegations of misconduct against the person may attend. Not for discussing a budget or budget proposal.

Statute text

“Discussion or consideration of the employment, appointment, assignment, duties, promotion, demotion, compensation, evaluation, disciplining, resignation or dismissal of an individual or group of public officials, appointees or employees of the body or agency or the investigation or hearing of charges or complaints against a person or persons subject to the following conditions: (1) An executive session may be held only if public discussion could be reasonably expected to cause damage to the individual's reputation or the individual's right to privacy would be violated; (2) Any person charged or investigated must be permitted to be present at an executive session if that person so desires; (3) Any person charged or investigated may request in writing that the investigation or hearing of charges or complaints against that person be conducted in open session. A request, if made to the agency, must be honored; and (4) Any person bringing charges, complaints or allegations of misconduct against the individual under discussion must be permitted to be present. This paragraph does not apply to discussion of a budget or budget proposal;”

1 M.R.S. § 405(6)(A)

Paragraph (B)

A school board's consideration of suspending or expelling a public school student, or a private school student whose education is paid for with public funds; the student and their lawyer, and for a minor the parents or guardians, may attend if they wish.

Statute text

“Discussion or consideration by a school board of suspension or expulsion of a public school student or a student at a private school, the cost of whose education is paid from public funds, as long as: (1) The student and legal counsel and, if the student is a minor, the student's parents or legal guardians are permitted to be present at an executive session if the student, parents or guardians so desire;”

1 M.R.S. § 405(6)(B)

Paragraph (C)

The condition, acquisition or use of real estate (including property permanently attached to it, or interests in it), the disposal of publicly held property, or economic development; only if early disclosure would harm the body's competitive or bargaining position.

Statute text

“Discussion or consideration of the condition, acquisition or the use of real or personal property permanently attached to real property or interests therein or disposition of publicly held property or economic development only if premature disclosures of the information would prejudice the competitive or bargaining position of the body or agency;”

1 M.R.S. § 405(6)(C)

Paragraph (D)

Labor contracts and proposals, and meetings between the body and its negotiators; the parties must be named before the body goes into executive session.

Statute text

“Discussion of labor contracts and proposals and meetings between a public agency and its negotiators. The parties must be named before the body or agency may go into executive session. Negotiations between the representatives of a public employer and public employees may be open to the public if both parties agree to conduct negotiations in open sessions;”

1 M.R.S. § 405(6)(D)

Paragraph (E)

Consulting the body's attorney about one of four things: the body's legal rights and duties; pending or contemplated litigation; settlement offers; or a matter in which the attorney's professional duties clearly conflict with the open meetings law, or in which early public knowledge would clearly put the State, the municipality or another public agency or person at a substantial disadvantage.

Statute text

“Consultations between a body or agency and its attorney concerning the legal rights and duties of the body or agency, pending or contemplated litigation, settlement offers and matters where the duties of the public body's or agency's counsel to the attorney's client pursuant to the code of professional responsibility clearly conflict with this subchapter or where premature general public knowledge would clearly place the State, municipality or other public agency or person at a substantial disadvantage;”

1 M.R.S. § 405(6)(E)

The plain words above read the two clauses that begin with "where" as describing only the last kind of matter, not the legal rights and duties, litigation or settlement offers before it. That is a plain reading, not settled by a court.

Paragraph (F)

Information in records the body made, keeps or received, when a statute bars public access to those records.

Statute text

“Discussions of information contained in records made, maintained or received by a body or agency when access by the general public to those records is prohibited by statute;”

1 M.R.S. § 405(6)(F)

Paragraph (G)

Discussing or approving the content of examinations the body gives for licensing, permits or employment; consulting the body's examination provider about an examination's content; and reviewing examinations with the person examined.

Statute text

“Discussion or approval of the content of examinations administered by a body or agency for licensing, permitting or employment purposes; consultation between a body or agency and any entity that provides examination services to that body or agency regarding the content of an examination; and review of examinations with the person examined; and”

1 M.R.S. § 405(6)(G)

Paragraph (H)

The municipal officers consulting a code enforcement officer who represents the municipality in District Court under 30-A M.R.S. § 4452(1)(C), about the enforcement case the officer is prosecuting there.

Statute text

“Consultations between municipal officers and a code enforcement officer representing the municipality pursuant to Title 30-A, section 4452, subsection 1, paragraph C in the prosecution of an enforcement matter pending in District Court when the consultation relates to that pending enforcement matter.”

1 M.R.S. § 405(6)(H)

The list is closed. A matter that fits none of them may be discussed only in open session.

How does a board go in?

An executive session is entered only from a public proceeding, by a vote taken there; see what counts as a meeting.

By a public vote, in open session:

Statute text

“An executive session may be called only by a public, recorded vote of 3/5 of the members, present and voting, of such bodies or agencies.”

1 M.R.S. § 405(3), (4), (5)

For example, when 5 members are present and all 5 vote, 3 yes votes are 3/5.

The motion to go in "must indicate the precise nature of the business of the executive session and include a citation of one or more sources of statutory or other authority that permits an executive session for that business" (§ 405(3), (4), (5)). In plain words, the motion says what the session is about and names the law that allows it, such as one of the paragraphs of § 405(6) above. Leaving out some of the authorities is not a violation if one is cited accurately, and an inaccurate citation is not a violation if valid authority exists and the mistake was inadvertent (§ 405(3), (4), (5)).

What cannot happen in executive session?

A final decision:

Statute text

“An ordinance, order, rule, resolution, regulation, contract, appointment or other official action may not be finally approved at an executive session.”

1 M.R.S. § 405(2)

And no other business: "Matters other than those identified in the motion to go into executive session may not be considered in that particular executive session" (§ 405(3), (4), (5)). Any final action is taken after the board returns to open session.

Does the meeting need notice?

Yes, for a board of 3 or more, like any other meeting:

Statute text

“Public notice shall be given for all public proceedings as defined in section 402, if these proceedings are a meeting of a body or agency consisting of 3 or more persons.”

1 M.R.S. § 406

A meeting held only to go into executive session also gets notice, because the vote to go in is a public vote taken at the meeting. That is a plain reading, not settled by a court. See the meeting notice guide.

Is a record kept?

The law requires no record of the closed discussion itself. The open part of the meeting, including the public, recorded vote to go in, is in the meeting's record:

Statute text

“Unless otherwise provided by law, a record of each public proceeding for which notice is required under section 406 must be made within a reasonable period of time after the proceeding and must be open to public inspection.”

1 M.R.S. § 403(2)

That the open part of a meeting held only for an executive session needs a record is a plain reading, not settled by a court. See the meeting minutes guide.

Checklist

Before the meeting

  • For a board of 3 or more, the meeting is noticed like any other.

In open session, before going in

  • The matter is one the law lists.
  • The motion states the precise nature of the business and cites the law that allows it.
  • A public, recorded vote of 3/5 of the members present and voting. (§ 405(3), (4), (5))

Inside

  • Only the matters in the motion are considered.
  • Nothing is finally approved.

Afterwards

  • Any final action is taken in open session and recorded in the meeting's record.

What the law does not settle

These are questions to take to your municipal attorney; this guide does not answer them.

  • Whether a particular matter fits one of the listed paragraphs.
  • Whether the two "where" clauses of paragraph (E) limit every attorney consultation, or only the last kind of matter.
  • How precisely the motion must state the business.
  • How 3/5 is counted when the members voting do not divide evenly into fifths.
  • Whether the record must show more of an executive session than the vote to go in.

How Clarivis helps

Clarivis does not decide whether a matter may be discussed in executive session; your board and its municipal attorney do.

  • On the agenda, an executive session item is flagged until a Statutory basis is selected for it.
  • During the meeting, the person recording selects Enter executive session and chooses its Statutory basis. Recording stops, and nothing is recorded until the board returns to open session.
  • In the draft minutes, executive session audio is left out.
  • After the meeting, the compliance check flags an executive session with no Statutory basis recorded.
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