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Executive Session


Guest John Q

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If a matter was covered by the Board of Directors in executive session during a Board meeting, can the reports that were used by the Board to make the decision be released to the general membership. This would be such items as a committee report, letter to attorney and reply from attorney.

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I have the feeling that Guest John Q was asking whether the confidentiality of an executive session covers the kind of materials he was asking about like "a committee report, letter to attorney and reply from attorney."

The confidentiality of executive session applies to any document which has been considered or read only in executive session.

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That is entirely up to the board.

The confidentiality of executive session applies to any document which has been considered or read only in executive session.

And, to clarify (I hope) -- when Mr. Stackpole says it is up to the board, any decision that the board makes on waiving the confidentiality of executive session has to be made at a meeting of the board. It requires a formal decision by the body -- the board members can't just chat on the phone and decide to release documents (maybe in response to members of the general membership who are clamoring for an explanation of the board's decisions).

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However, if this organization has a membership assembly, the minutes of the Executive Session of the subordinate board, meaning the actual motions made by the Board of Directors while in an executive session should be recorded in minutes. The reading of any Executive Session Board Minutes could be ordered by the superior body at one of their meetings.

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