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Excluding board member from Executive Session


Guest Kim

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Can a Board exclude specific members from Executive Session?  School Board, subject to FOIA...re: Superintendent evaluation.  A member did not complete the written review and other members feel this person should be excluded from the Executive Session related to this review.

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9 minutes ago, Kimdm said:

Thank you...that was my assumption.  Is something like that specifically stated in Robert's Rules, if so, where would I find it?

The rules regarding the right of members to attend meetings apply to ALL meetings, including those held in executive session.  They are still meetings.

For the right of members to attend meetings, see RONR page 3, lines 1-15 and page 264 lines 6-13.

For information generally on executive sessions, see pages 95-96.

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  • 2 months later...

We had a similar question regarding exclusion of a board member from an executive meeting but can't find an answer on point. The executive session will be used to discuss an ongoing lawsuit brought against our public body from a terminated employee. A newly appointed board member previously testified in support of this former employee and then was appointed to our board. The case is still ongoing in appeals and the board feels that it would be inappropriate for this member to be in executive session while this case is discussed. Anyone have any justification from barring the member from executive session? Thanks

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GuestMW869, I don't think my answer of a few minutes ago went far enough. Not only does nothing in RONR permit you to exclude a member from a meeting, it actually prohibits you from doing so unless some superior rule or law permits it.  Receiving notice of meetings and attending and participating in meetings are basic rights of membership.

I'm glad JJ agreed with my previous answer and I hope this supplement to it doesn't scare him off! :)

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53 minutes ago, Richard Brown said:

GuestMW869, I don't think my answer of a few minutes ago went far enough. Not only does nothing in RONR permit you to exclude a member from a meeting, it actually prohibits you from doing so unless some superior rule or law permits it.  Receiving notice of meetings and attending and participating in meetings are basic rights of membership.

I'm glad JJ agreed with my previous answer and I hope this supplement to it doesn't scare him off! :)

I was writing an elaborate description, but then I read yours and I thought it was sufficient.  :)

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The answers given by Mr. Brown are correct as far as the rights of members to attend meetings is concerned. However, some time ago if I am not mistaken Mr. H suggested that the meeting body appoint a special committee that included the entire meeting body minus the member they did not want to be present. I remembered this because I felt it was highly creative and solved the problem beautifully. 

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8 hours ago, Guest Zev said:

The answers given by Mr. Brown are correct as far as the rights of members to attend meetings is concerned. However, some time ago if I am not mistaken Mr. H suggested that the meeting body appoint a special committee that included the entire meeting body minus the member they did not want to be present. I remembered this because I felt it was highly creative and solved the problem beautifully. 

I think that the only ways to do that is if the member is facing disciplinary action or if the exclusion is authorized by the bylaws (p. 6. footnote).

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12 hours ago, Guest Zev said:

The answers given by Mr. Brown are correct as far as the rights of members to attend meetings is concerned. However, some time ago if I am not mistaken Mr. H suggested that the meeting body appoint a special committee that included the entire meeting body minus the member they did not want to be present. I remembered this because I felt it was highly creative and solved the problem beautifully. 

One limitation on this is that the committee, ultimately, will need to report back to the board.

I also suspect this may not be an option for legal reasons, since this is a public body. Open meeting laws often take a dim view of most or all of the board's members meeting outside of a board meeting.

4 hours ago, J. J. said:

I think that the only ways to do that is if the member is facing disciplinary action or if the exclusion is authorized by the bylaws (p. 6. footnote).

What rule in RONR prevents the board from creating a special committee which consists of all of the board's members but one?

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3 hours ago, Josh Martin said:

What rule in RONR prevents the board from creating a special committee which consists of all of the board's members but one?

Nothing, except that it would have to be created at a meeting, that the member would know about the committees existence. 

As you have noted, that can be a problem with public bodies, but if there was no legal requirement, it would work. 

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