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SECTION XII: EXCEPTION 8
8. To consider and interview applicants for employment by a preliminary screening committee or subcommittee of governmental body if an open meeting will have a detrimental effect in obtaining qualified applicants, provided that this clause shall not apply to any meeting, including meetings of a preliminary screening committee or subcommittee, to consider and interview applicants who have passed a prior preliminary screening.
This exception recognizes both an individual's right to privacy in preliminary job application discussions, as well as governmental body's need for confidentiality in such discussions in order to encourage all qualified applicants. The exception is limited to the preliminary screening of job applicants by a preliminary screening committee and may in some instances involve more than one step in the process. Gerstein v. Superintendent Search Screening Committee, 405 Mass. 465 (1989). Further, an executive session can only be held if a governmental body can establish that an open meeting will have a detrimental effect in obtaining qualified applicants. Under the exception once an applicant has passed a preliminary screening, all further interviews and considerations regarding employment must be held in open session.
