K.S.A. » Chapter 75
Kansas Statutes Annotated

K.S.A. § 75-4319 (2026)

Closed or executive meetings; conditions; authorized subjects for discussion; binding action prohibited; certain documents identified in meetings not subject to disclosure

✓ current as of May 2026
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75-4319. Closed or executive meetings; conditions; authorized subjects for discussion; binding action prohibited; certain documents identified in meetings not subject to disclosure. (a) Upon formal motion made, seconded and carried, all public bodies and agencies subject to the open meetings act may recess, but not adjourn, open meetings for closed or executive meetings. Any motion to recess for a closed or executive meeting shall include: (1) A statement describing the subjects to be discussed during the closed or executive meeting; (2) the justification listed in subsection (b) for closing the meeting; and (3) the time and place at which the open meeting shall resume. The complete motion shall be recorded in the minutes of the meeting and shall be maintained as a part of the permanent records of the public body or agency. Discussion during the closed or executive meeting shall be limited to those subjects stated in the motion.

(b) Justifications for recess to a closed or executive meeting may only include the following, the need:

(1) To discuss personnel matters of nonelected personnel;

(2) for consultation with an attorney for the public body or agency, which would be deemed privileged in the attorney-client relationship;

(3) to discuss employer-employee negotiations whether or not in consultation with the representative or representatives of the public body or agency;

(4) to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships;

(5) to discuss matters relating to actions adversely or favorably affecting a person as a student, patient or resident of a public institution, except that any such person shall have the right to a public hearing if requested by the person;

(6) for the preliminary discussion of the acquisition of real property;

(7) to discuss matters relating to parimutuel racing permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 74-8804, and amendments thereto;

(8) to discuss matters relating to the care of children permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 38-2212(d)(1) or 38-2213(e), and amendments thereto;

(9) to discuss matters relating to the investigation of child deaths permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 22a-243(j), and amendments thereto;

(10) to discuss matters relating to patients and providers permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 39-7,119(g), and amendments thereto;

(11) to discuss matters required to be discussed in a closed or executive meeting pursuant to a tribal-state gaming compact;

(12) to discuss matters relating to security measures, if the discussion of such matters at an open meeting would jeopardize such security measures, that protect: (A) Systems, facilities or equipment used in the production, transmission or distribution of energy, water or communications services; (B) transportation and sewer or wastewater treatment systems, facilities or equipment; (C) a public body or agency, public building or facility or the information system of a public body or agency; or (D) private property or persons, if the matter is submitted to the public body or agency for purposes of this paragraph. For purposes of this paragraph, security means measures that protect against criminal acts intended to intimidate or coerce the civilian population, influence government policy by intimidation or coercion or to affect the operation of government by disruption of public services, mass destruction, assassination or kidnapping. Security measures include, but are not limited to, intelligence information, tactical plans, resource deployment and vulnerability assessments;

(13) to discuss matters relating to maternity centers and child care facilities permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 65-525(d), and amendments thereto;

(14) to discuss matters relating to the office of inspector general permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 75-7427, and amendments thereto;

(15) for the governor's domestic violence fatality review board to conduct case reviews; *

(16) for the general regulatory sandbox program advisory committee to discuss applications to the general regulatory sandbox program.

(c) No binding action shall be taken during closed or executive recesses, and such recesses shall not be used as a subterfuge to defeat the purposes of this act.

(d) Any confidential records or information relating to security measures provided or received under the provisions of subsection (b)(12), shall not be subject to subpoena, discovery or other demand in any administrative, criminal or civil action.

History: L. 1972, ch. 319, § 3; L. 1977, ch. 301, § 3; L. 1981, ch. 344, § 1; L. 1988, ch. 315, § 4; L. 1992, ch. 318, § 9; L. 1993, ch. 286, § 75; L. 1994, ch. 254, § 3; L. 1996, ch. 256, § 23; L. 1999, ch. 96, § 2; L. 2001, ch. 190, § 2; L. 2004, ch. 177, § 2; L. 2005, ch. 126, § 4; L. 2007, ch. 177, § 16; L. 2009, ch. 132, § 14; L. 2012, ch. 16, § 33; L. 2015, ch. 68, § 16; L. 2017, ch. 73, § 4; L. 2025, ch. 107, § 8; July 1.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1981–2022 · leading case: Hinsdale v. City of Liberal, Kansas, 961 F. Supp. 1490 (D. Kan. 1997).
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Hinsdale v. City of Liberal, Kansas, 961 F. Supp. 1490 (D. Kan. 1997). · cites it 10× “K.S.A. 75-4319 provides for closed or executive sessions of governmental bodies in certain situations.”
State Ex Rel. Murray v. Palmgren, 646 P.2d 1091 (Kan. 1982). · cites it 2× “K.S.A. 1981 Supp. 75-4319. There would be no opportunity to call the required meeting necessary to act on the motion for executive session.”
Hinsdale v. City of Liberal, Kan., 981 F. Supp. 1378 (D. Kan. 1997). · cites it 5× “The defendants claim a privilege based on K.S.A. 75-4319(b), part of the Kansas Open Meetings Act, K.”
Unified Sch. Dist. No. 446 v. Sandoval, 286 P.3d 542 (Kan. 2012). “The majority further points to White’s affidavit testimony “that in his many years of negotiating teacher resignations, the terms of resignation settlement agreements were always set out in writing.”
Sw. Bell Tel. Co. v. State Corp. Comm'n, 629 P.2d 1174 (Kan. Ct. App. 1981). · cites it 2× “Although SWB argues that the Kansas [open] meetings law, K.S.A. 1979 Supp. 75-4319(b)(4), and open records law, K.”
Kansas Racing Mgmt., Inc. v. Kansas Racing Comm'n, 770 P.2d 423 (Kan. 1989). ““(o) The commission, in accordance with K.S.A. 75-4319 and amendments thereto, may recess for a closed or executive meeting to receive and discuss information received by the commission pursuant to subsection (n) and to negotiate with licensees of or applicants for licensure by…”
State v. Bd. of Educ., 764 P.2d 459 (Kan. Ct. App. 1988). · cites it 2× “K.S.A. 75-4319(a) provides that public bodies may go into closed session by a motion which shall state the justification for closure, the subjects to be discussed, and the time at which an open meeting is to resume.”
Krider v. Bd. of Trs. of Coffeyville Cmty. Coll., 83 P.3d 177 (Kan. 2004). “” K.S.A. 2002 Supp. 75-4319. “(a) Any member of a body or agency subject to this act who knowingly violates any of the provisions of this act .”
O'Hair v. Bd. of Educ., 805 P.2d 40 (Kan. Ct. App. 1990). · cites it 2× “d failed to consider O’Hair for other full- or part-time positions for which he was certified; (5) the record discloses no evidence that O’Hair was incompetent and that he lacked skill and training to teach all the subjects on his teaching certificate; (6) the Board failed to…”
Stevens v. City of Hutchinson, 726 P.2d 279 (Kan. Ct. App. 1986). · cites it 2× “Moreover, it was a question of fact whether the commission willfully violated K.S.A. 75-4319 in holding a closed session or whether the commissioners utilized the closed session as a subterfuge.”
Walker v. Bd. of Educ., 900 P.2d 850 (Kan. Ct. App. 1995). “” In seeking to question Board members about what happened during executive session, Walker’s counsel waived any right to privacy she might have under K.S.A. 75-4319(b)(l) of the Kansas Open Meetings Act.”
Roe v. Phillips (Kan. Ct. App. 2022). · cites it 2× “In response, John McClymont, one of the Hospital's attorneys, sent a letter to the district court asking that Roe's reply be sealed and stricken because it contained a transcript from an executive session—which was closed for privileged attorney-client consultation under K.S.A…”
Show all 14 citing cases →
— K.S.A. § 75-4319(a) — 3 cases
Unified Sch. Dist. No. 446 v. Sandoval, 286 P.3d 542 (Kan. 2012). “The majority further points to White’s affidavit testimony “that in his many years of negotiating teacher resignations, the terms of resignation settlement agreements were always set out in writing.”
State v. Bd. of Educ., 764 P.2d 459 (Kan. Ct. App. 1988). “K.S.A. 75-4319(a) provides that public bodies may go into closed session by a motion which shall state the justification for closure, the subjects to be discussed, and the time at which an open meeting is to resume.”
Stevens v. City of Hutchinson, 726 P.2d 279 (Kan. Ct. App. 1986). “Moreover, it was a question of fact whether the commission willfully violated K.S.A. 75-4319 in holding a closed session or whether the commissioners utilized the closed session as a subterfuge.”
— K.S.A. § 75-4319(b) — 2 cases
Hinsdale v. City of Liberal, Kan., 981 F. Supp. 1378 (D. Kan. 1997). “The defendants claim a privilege based on K.S.A. 75-4319(b), part of the Kansas Open Meetings Act, K.”
Hinsdale v. City of Liberal, Kansas, 961 F. Supp. 1490 (D. Kan. 1997). “K.S.A. 75-4319 provides for closed or executive sessions of governmental bodies in certain situations.”
— K.S.A. § 75-4319(b)(1) — 2 cases
State v. Bd. of Educ., 764 P.2d 459 (Kan. Ct. App. 1988). “K.S.A. 75-4319(a) provides that public bodies may go into closed session by a motion which shall state the justification for closure, the subjects to be discussed, and the time at which an open meeting is to resume.”
O'Hair v. Bd. of Educ., 805 P.2d 40 (Kan. Ct. App. 1990). “d failed to consider O’Hair for other full- or part-time positions for which he was certified; (5) the record discloses no evidence that O’Hair was incompetent and that he lacked skill and training to teach all the subjects on his teaching certificate; (6) the Board failed to…”
— K.S.A. § 75-4319(b)(2) — 1 case
Roe v. Phillips (Kan. Ct. App. 2022). “In response, John McClymont, one of the Hospital's attorneys, sent a letter to the district court asking that Roe's reply be sealed and stricken because it contained a transcript from an executive session—which was closed for privileged attorney-client consultation under K.S.A…”
— K.S.A. § 75-4319(b)(4) — 1 case
Sw. Bell Tel. Co. v. State Corp. Comm'n, 629 P.2d 1174 (Kan. Ct. App. 1981). “Although SWB argues that the Kansas [open] meetings law, K.S.A. 1979 Supp. 75-4319(b)(4), and open records law, K.”
— K.S.A. § 75-4319(b)(l) — 1 case
Walker v. Bd. of Educ., 900 P.2d 850 (Kan. Ct. App. 1995). “” In seeking to question Board members about what happened during executive session, Walker’s counsel waived any right to privacy she might have under K.S.A. 75-4319(b)(l) of the Kansas Open Meetings Act.”
— K.S.A. § 75-4319(c) — 1 case
Reams v. Frontenac, Kansas, City of (D. Kan. 2022).
— K.S.A. § 75-4319(h)(4) — 1 case
Sw. Bell Tel. Co. v. State Corp. Comm'n, 629 P.2d 1174 (Kan. Ct. App. 1981). “Although SWB argues that the Kansas [open] meetings law, K.S.A. 1979 Supp. 75-4319(b)(4), and open records law, K.”
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