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Executive Session & Minutes


Daniel S.

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16 minutes ago, Daniel S. said:

Are minutes kept executive session?

It is a popular "myth" -- that "minutes are not kept in executive session (closed session or secret session)."

***
Per Robert's Rules, minutes are always kept, in all sessions.

The handling of such minutes is bit different. But you never stop taking down minutes.

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So our minutes are kept at our office building. We have personnel at this office building who should not be privy to the content of the executive session minutes. I would assume that the executive session minutes should be filed separately from the minutes from the meeting that is held out of executive session? If so where?

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No, there are just two of them and I believe that they do not currently meet the requirements to be counted as members. On the other hand I thought that what happens in executive session is by nature secretive to those that are allowed to be in the session. If any member can review those minutes then they are hardly secret. At any given time we may have between 1,500 & 2,000 members (not hard to become a member). So if any one of those members are privy to the minutes then they may as well be a matter of public record and there is no point in going into executive session at all.

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Per RONR, meeting minutes are available for inspection by all members of the body that was meeting regardless of whether the meeting was in executive session and regardless of which members were present at the meeting. 

Regular members (the general membership) has the right to inspect all minutes of meetings of the general membership, regardless of whether it was in executive session.  But, if the meeting was in executive session, the members are honor bound not to disclose what was said or took place at the meeting or what is in the minutes. 

Members of the board are entitled to the same access to minutes of board meetings, regardless of whether the meeting was in executive session.  The same obligation of confidentiality applies.

Regular members (the general membership) do not have the right to inspect minutes of board meetings unless they are also board members.

btw, the body which was meeting has the right to lift the secrecy of the executive session to whatever extent it desires.  It is quite common, for example, for a body to adopt a motion in executive session and to report publicly what it was they adopted but to maintain the confidentiality of the rest of the meeting.   Any motion which was adopted in executive session but publicly reported out would also be included in the minutes of the regular meeting as having been adopted.  An alternative procedure is to have the discussion in executive session but to come out of executive session to publicly adopt whatever motion it is that was discussed.  Open meetings laws (sunshine laws) often require that public bodies follow that procedure.  They can only discuss things in executive session, but must take all votes in public session.    Private organizations often do the same thing, particularly with personnel issues.

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16 hours ago, Bruce Lages said:

Was this a meeting of your organization's general membership, or a meeting of a board or committee?

This is a regular meeting is a board meeting but is open to members. During this meeting we will go in to executive session. Some things in these meetings are a matter of confidentiality. Say maybe a motion that is made on the rate of pay for personnel. We really do not want this information to be common knowledge. I am hoping to find a mechanism that can be used in a situation like this to where the pay raise for one employee but say maybe not the other can be kept confidential as it would in the average business.

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17 hours ago, Richard Brown said:

 

Members of the board are entitled to the same access to minutes of board meetings, regardless of whether the meeting was in executive session.  The same obligation of confidentiality applies.

Regular members (the general membership) do not have the right to inspect minutes of board meetings unless they are also board members.

However, the general membership - as Richard Brown has parenthetically described - at one of its meetings, may vote to order passages of board meeting minutes read - including the minutes of an executive session. Without previous notice, a two-thirds vote or a vote of a majority of the entire membership is required to adopt the order. With previous notice, the threshold to adopt the order is a majority vote.

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23 hours ago, Kim Goldsworthy said:

It is a popular "myth" -- that "minutes are not kept in executive session (closed session or secret session)."

***
Per Robert's Rules, minutes are always kept, in all sessions.

The handling of such minutes is bit different. But you never stop taking down minutes.

Are Minutes for an Executive Session kept separately from the regular Minutes and then presented during executive session for approval each month?  Thanks.

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  • 4 years later...
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