Guest SharonH Posted November 5, 2011 at 07:18 PM Report Share Posted November 5, 2011 at 07:18 PM I have looked into the 11th edition of RR and tried to find the answer to this. Our Board is trying to negotiate a settlement in a lawsuit. The lawyers asked us to go into closed session to discuss our offer to settle. We went into executive session. We took a vote in the closed session on our next steps. Now a member is telling us that the actual vote should have been taken in open session. Even though we can keep the topic of the motion confidential. This seems unreasonable, and basically useless. But I thought I'd ask here.May the Board take a vote in closed/executive session without recording the results of the vote in the minutes of the open meeting? OR do the votes stay in the minutes of the executive session.Thanks Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 5, 2011 at 07:25 PM Report Share Posted November 5, 2011 at 07:25 PM I have looked into the 11th edition of RR and tried to find the answer to this. Our Board is trying to negotiate a settlement in a lawsuit. The lawyers asked us to go into closed session to discuss our offer to settle. We went into executive session. We took a vote in the closed session on our next steps. Now a member is telling us that the actual vote should have been taken in open session. Even though we can keep the topic of the motion confidential. This seems unreasonable, and basically useless. But I thought I'd ask here.May the Board take a vote in closed/executive session without recording the results of the vote in the minutes of the open meeting? OR do the votes stay in the minutes of the executive session.ThanksMotions can be adopted in executive session. Whether the proceedings of executive session are recorded in separate minutes or with other proceedings of the meeting is for the assembly ti decide, but either way they should remain secret. Link to comment Share on other sites More sharing options...
Chris Harrison Posted November 5, 2011 at 07:29 PM Report Share Posted November 5, 2011 at 07:29 PM Yes to both questions. As far as RONR is concerned a body can do the same things in Executive Session as they can in Open Session including taking votes so there is no need under RONR to take the vote again in Open Session. The vote would be contained in the section of the minutes that took place during Executive Session and the minutes of the Executive Session would be approved in Executive Session as well. However, the Board could decide to disclose the outcome of that particular vote but are under obligation under RONR to do so. Of course, any applicable governing documents, rules, or laws may say otherwise. Link to comment Share on other sites More sharing options...
Guest Edgar Posted November 5, 2011 at 07:33 PM Report Share Posted November 5, 2011 at 07:33 PM May the Board take a vote in closed/executive session without recording the results of the vote in the minutes of the open meeting? OR do the votes stay in the minutes of the executive session.The minutes of meetings (or portions thereof) held in executive session are no different in form and content from the minutes of so-called "open" meetings: they record what was done. If a vote was taken while in executive session, the result of the vote is recorded in the minutes of that executive session. Link to comment Share on other sites More sharing options...
Chris Harrison Posted November 5, 2011 at 07:34 PM Report Share Posted November 5, 2011 at 07:34 PM <snip>Also, just in case the member thinks he can just go ahead and disclose what took place in Executive Session without the Board's consent you might want to remind him that he could be subject to disciplinary action for doing so (RONR p. 96).. Link to comment Share on other sites More sharing options...
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