Executive Session Issues

[Kay Wren]

I have been trying to find answers to specific questions regarding Executive Sessions without any luck. I apologize if I missed the answer in my search of the forum.

 

1. What are the specific procedures for an "Executive Meeting" to be called? Can it be assumed or must it be called for a vote?
2. Is an Agenda not permitted to be given for an "Executive Session"?
3. Do they preclude other Board members not present, but invited or otherwise, from knowledge of the content of said meeting? Or from joining after meeting is called to order (Closed or Open)?

 

 

[Edgar Guest]

1. An assembly can meet in executive session whenever it wants. It can begin the meeting in so called "open session", then go into executive session, then leave executive session. By custom, some assemblies (e.g. boards) always meet in executive session. Otherwise a majority vote (or unanimous consent) will do the trick.

 

2. The assembly can adopt an agenda for a meeting held in executive session just as it can for any meeting.

 

3. Only members (of the body that is meeting) have a right to attend, whether the meeting is held in executive session or not (and there's no restriction on when they can enter or leave, as long as they don't disrupt the meeting) . However when a meeting is held in executive session, non-members are excluded unless specifically invited. Absent members have the same right to review the minutes of meetings held in executive session as they do to review the minutes of any meeting.

 

What distinguishes a meeting held in executive session is the confidentiality of the business conducted therein.

 

It's best not to think of an executive session but rather to think of a meeting (or portion thereof) being held in executive session.

[Guest *DD]

^{If you are a board governed by your State's open meeting laws, the specific reasons for executive session may be enumerated in the State law however.}

[Gary Novosielski]

Did someone mention that a "neutral party" can't just show up and run a meeting, without the consent of the assembly (unless the neutral party was the VP, perhaps)

[Josh Martin]

1. What are the specific procedures for an "Executive Meeting" to be called? Can it be assumed or must it be called for a vote?

2. Is an Agenda not permitted to be given for an "Executive Session"?

3. Do they preclude other Board members not present, but invited or otherwise, from knowledge of the content of said meeting? Or from joining after meeting is called to order (Closed or Open)?

1.) It cannot be assumed (unless there is already some rule or custom on the subject). The assembly decides whether to enter executive session, either by majority vote or unanimous consent.

2.) An agenda is permitted, but not required, for a meeting, regardless of whether is held in executive session.

3.) No. Members can come in late during a meeting held in executive session and members of the assembly may discuss what happened with other members of the assembly. They just can't discuss it with non-members.

[Guest Guest Kevin]

Once you are in executive session

1) you are able to make a motion, (in this case disciplinary), discuss and vote, correct?

If majority rules in favor of the disciplinary action and then the executive session is terminated -

2) Do we need to vote again in regular session or just record the results of the executive session, in the minutes?

 

[Hieu H. Huynh]

Guest Kevin, please post as a new topic.

Edited to add that a new topic was posted here.