Disclaimer: The views I express here are my own and should NOT be construed as speaking for the City of Bangor or the City Council of Bangor.
If you’ve ever tuned into a Bangor City Council meeting or sat in the gallery at City Hall, you’ve likely seen the moment where the Council votes to go into “Executive Session.” The room clears, the live stream cuts away, and the doors close.
To the casual observer, it can feel a bit mysterious. Is it a “secret meeting”? Not exactly. In Maine, we have very strict Freedom of Access laws that dictate exactly when, how, and why our local government can go behind closed doors.
Here is the breakdown of what is—and isn’t—allowed during these private sessions.
1. They Can’t Just “Decide” to Hide
A city body can’t go into executive session just because a topic is uncomfortable or controversial. To move into a private session, the Council must:
- Make a public motion that indicates the “precise nature” of the business.
- Cite the specific Maine law that allows them to do it.
- Get a 3/5 recorded vote of the members present.
2. No Secret Voting
This is the big one: Executive sessions are for deliberation, not for final action. Under 1 M.R.S.A. §405(2), the Council cannot finally approve an ordinance, a contract, a rule, or an appointment while in executive session. They can discuss the details in private, but they must return to the public meeting to cast their official votes. If it’s not voted on in public, it’s not official.
3. The “Allowed” Topics
The law is very specific about what can be discussed. If it isn’t on this list, it has to stay in public view:
| Category | Why it’s private |
| Personnel Matters | Discussions about hiring, firing, or disciplining employees are private to protect the individual’s reputation and privacy. |
| Real Estate | If the city is buying or selling land, discussing the price in public would ruin their bargaining power (and cost taxpayers more money). |
| Labor Negotiations | Discussions regarding union contracts and meetings with negotiators. |
| Legal Consultations | Talking to the City Solicitor about pending lawsuits or legal rights where premature general public knowledge would put the city at a disadvantage. |
| Confidential Records | Reviewing documents that are legally protected from public access (like student records or certain medical info). |
The Safeguards for Citizens
Maine law includes a few “checks and balances” to ensure these sessions aren’t abused:
- No “New” Business: The Council can only discuss the specific items mentioned in their motion to enter the session. They can’t wander off-topic to discuss other city business.
- The Right to be Present: If the session is about a specific person (like a disciplinary hearing), that person has the right to be there and can even demand the hearing be held in public.
- Public Purpose: Above all, 1 M.R.S.A. §401 of the law states that the people’s business must be conducted openly. Executive sessions are the exception, not the rule.
Why Does it Matter?
Transparency is the heartbeat of municipal governance. While the law allows for privacy in sensitive matters—like protecting an employee’s privacy or getting the best deal for taxpayers on a land sale—the “final word” always belongs in front of the public.
Want to stay informed? You can find upcoming City Council agendas which contain citations for Executive Sessions on the official City of Bangor’s Agenda Center.
