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Can a vote be taken in a closed meeting?

In all circumstances votes must be taken in public.  O.C.G.A. § 50-14-1(b) (official action void if not taken with a public vote), § 50-14-3(6) (vote must be public); H.G. Brown Family, L.P. v. City of Villa Rica, 278 Ga. 819 (2005) (contract void when not voted upon by a city council in a public meeting); Bryan County Bd. of Equalization v. Bryan County Bd. of Tax Assessors, 253 Ga. App. 83 (2003) (board action void because vote taken in private); Moon v. Terrell County, 249 Ga. App. 567 (2001) (meeting with employee in private to discuss termination voided board action); Beck v. Crisp County Zoning Bd. of Appeals, 221 Ga. App. 801 (1996) (vote in closed session was void); 1998 Op. Att’y Gen. U98-3 (agency votes must be taken in open meetings).

There is no provision in the Open Meetings Act or elsewhere in the law for a covered entity to vote in closed session, thus all votes must be taken in an open meeting.

On a vote to close a meeting, the minutes of the meeting must reflect both the names of the members present as well as the names of those voting for closure.  O.C.G.A. § 50-14-4 (a).

On roll-call votes, the minutes must reflect the names of the persons voting for and against a proposal.  On all other votes, unless the minutes list the names of those voting for or against a proposal or abstaining from voting, it shall be deemed by operation of law that all members present voted for the proposal.  O.C.G.A. § 50-14-1 (e)(2).