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Request for executive session denied!


Guest Racepony

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A college student club's by-laws are silent on executive sessions, and a board member requests an executive session. The By-laws state that meetings are to follow Roberts Rules. The President of the Board states,

"...executive sessions are forbidden by the bylaws: "2.5 All members are eligible to attend all meetings and events of this organization.""

the "2.5" is a subsection heading of the bylaws. Thus the request is denied so all meetings are open even issues say removal of members of the board. What does Roberts Rules say about executive sessions?

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"...executive sessions are forbidden by the bylaws: "2.5 All members are eligible to attend all meetings and events of this organization.""

The proper interpretation of bylaws requires reading them in their entirety (something that's beyond the scope of this forum). It's possible, for instance, that the excerpt cited, which refers to "meetings . . . of this organization", does not apply to meetings of the board.

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There are 5 voting members of the Board. I suppose that given the unclear intent of separation of Board activities from regular meetings of the membership that there can be no executive session. And as JD stated there could still be executive session but it would include all of the membership which defeats the purpose of executive sesssion. Say there is an expulsion hearing to remove a board member, and the member wants it held in executive session, if the by-laws are silent on it, then that request is denied. So you have 5 members of the Board with anyone who wants to attend in executive session?

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If the bylaws are silent as to who may attend an executive session, then only the members of the body in question -- whether the Board at a board meeting, or the general membership at one of their meetings -- have a right to attend.

And the body goes into ExecSess only by majority vote, NOT on the request of one member.

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Of course, as we are talking about a five member Board, unless the By-laws state otherwise the Board may operate under the relaxed rules of RONR so seconds are not required. Thus any member can move that the organization go into Executive Session. The Chairman can state that "Unless there is an objection, we shall move into Executive Session." If someone objects, then there would be a vote and majority rules.

No one seems to have touched on this, but in the entire section mentioned above is not mentioned. Does Section 2 discuss general members or members of the Board? But, unless the By-laws state specifically that Executive Session is not allowed, I would argue that general members are allowed (unless the Section in question deals Board members, which I doubt from the sounds of it), if the Board requires it, they can simple go inot Executive Session for a short period of time, and then leave Executive Session and allow people back in.

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. . . if the Board requires it, they can simple go inot Executive Session for a short period of time, and then leave Executive Session and allow people back in.

It should be noted that a meeting held in executive session does not necessarily exclude non-members and, conversely, a rule giving general members the right to attend board meetings does not necessarily prevent the board from meeting in executive session.

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A college student club's by-laws are silent on executive sessions, and a board member requests an executive session. The By-laws state that meetings are to follow Roberts Rules. The President of the Board states,

"...executive sessions are forbidden by the bylaws: "2.5 All members are eligible to attend all meetings and events of this organization.""

the "2.5" is a subsection heading of the bylaws. Thus the request is denied so all meetings are open even issues say removal of members of the board. What does Roberts Rules say about executive sessions?

RONR says that your bylaws are controlling. If the bylaws require all meeting to be open to all members, that is binding on the assembly.

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First, thank you who participated. I will re-review the bylaws but the main quandary is that the 5 member board does not have physical face to face meetings only they call a meeting for themselves and the membership to participate. I for one as a new member of the Board contested the unclear process of board meetings (which I assert should be separate but open to other members) and the unclear method of meetings of the assembly of the entire membership.

Since the bylaws do not even mention the word 'executive session' and RONR is controlling then I will assert that executive session is permittable in either meeting forum, if it is properly appealed to the Board, in this case an appeal will be made to the Presidents assertion as it requires a parliamentary stance.

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