[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR242a.6]

[Page 532-533]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 242a_PUBLIC MEETING PROCEDURES OF THE BOARD OF REGENTS, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES--Table of Contents
 
Sec. 242a.6  Procedure for closing meetings.

    (a) Action to close a meeting or portion thereof, pursuant to the 
exemptions set forth in Sec. 242a.4 shall be taken only when a majority 
of the entire voting membership of the Board or a majority of the entire 
voting membership of a committee, as applicable, vote to take such 
action.
    (b) A separate vote of the Board or committee members shall be taken 
with respect to each Board or committee meeting a portion or portions of 
which are proposed to be closed to the public pursuant to Sec. 242a.4 
or with respect to any information which is proposed to be withheld 
under Sec. 242a.4.
    (c) A single vote of the Board or committee may be taken with 
respect to a series of meetings, a portion or portions of which are 
proposed to be closed to the public, or with respect to any information 
concerning such series of meetings, so long as each meeting in such 
series involves the same particular matters and is scheduled to be held 
no more than 30 days after the initial meeting in such series.
    (d) The vote of each member shall be recorded, and may be by 
notation voting, telephone polling or similar consideration.
    (e) Whenever any person whose interests may be directly affected by 
a portion of a meeting requests that the Board or a committee close such 
portion to the public under any of the exemptions relating to personal 
privacy, criminal accusation, or law enforcement information referred to 
in Sec. 242a.4 (e), (f), and (g), the Board or committee, as 
applicable, upon request of any one of its members, shall vote by 
recorded vote whether to close such meeting. Where the Board receives 
such a request prior to a meeting, the Board's representative may 
ascertain by notation voting, or similar consideration, the vote of each 
member of the Board, or committee, as applicable, as to the following:
    (1) Whether the business of the Board or committee permits 
consideration of the request at the next meeting, and delay of the 
matter in issue until the meeting following, or
    (2) Whether the members wish to close such meeting.
    (f) Within 1 day following any vote taken pursuant to paragraphs 
(a), (b), (c), or (e), of this section, the Board or committee shall 
make publicly available a written copy of such vote reflecting the vote 
of each member on the question. If a portion of a meeting is to be 
closed to the public, the Board or committee shall, within 1 day of the 
vote taken pursuant to paragraphs (a), (b), (c), or (e) of this section, 
make publicly available a full written explanation of its action closing 
the portion together with a list of all persons expected to attend the 
meeting and their affiliation. The information required

[[Page 533]]

by this paragraph shall be disclosed except to the extent it is exempt 
from disclosure under the provisions of Sec. 242a.4.
    (g) For every meeting closed pursuant to paragraphs (a) through (j) 
of Sec. 242a.4, the General Counsel or chief legal officer of the USUHS 
shall publicly certify before the meeting that, in his or her opinion, 
the meeting may be closed to the public and shall state each relevant 
exemptive provision. A copy of such certification, together with a 
statement from the presiding officer of the meeting setting forth the 
time and place of the meeting, and the persons present, shall be 
retained by the Board as part of the transcript, recording or minutes 
required by Sec. 242a.7.