executive session vs non-public meeting

[majordd8]

Board of Selectmen (NH)

I was told that no debate is necessary to enter a closed meeting.

1st, is there a difference between entering into Executive Session and entering into a Non-public meeting? IF so, does a non-public meeting require a debate about the need for it to be non-public?

2nd, must the issue rise to it being injurious to an individual?

Thanks

[Josh Martin]

1st, is there a difference between entering into Executive Session and entering into a Non-public meeting?

Yes, actually. A meeting in executive session is one in which the proceedings are secret. A "non-public" meeting would be a meeting from which non-members (the public) were removed, but members would not be prohibited from discussing the meeting with non-members later. Most or all of the non-members are also removed when an assembly enters executive session, but secrecy is the key factor.

IF so, does a non-public meeting require a debate about the need for it to be non-public?

Either motion would be a Question of Privilege of the Assembly and would be debatable, but that doesn't mean it requires a debate. If no one claims the floor for debate, the chair could proceed to an immediate vote. There are also methods by which the assembly can prevent, end, or limit debate by a 2/3 vote.

2nd, must the issue rise to it being injurious to an individual?

No. An assembly may enter executive session for any reason.

All of the above answers relate to the rules of RONR. Since this is a public body, however, it is possible that there are "Sunshine Laws" or "Open Meeting Laws" which apply to this group and supersede the rules of RONR. You should consult a lawyer or the office of your state's Secretary of State for more information.

[Gary Novosielski]

Board of Selectmen (NH)

I was told that no debate is necessary to enter a closed meeting.

Well, that's true; it's not strictly necessary, but it's certainly allowed.