Guest Jon Doe Posted May 7, 2012 at 07:55 PM Report Share Posted May 7, 2012 at 07:55 PM If an organization opts to elect an executive council to tend to matters on the board's behalf during the time when the board is not in session, is it legal, or standard, for the executive council to be able to go into an executive session which excludes board members not on the Executive Council? Link to comment Share on other sites More sharing options...
George Mervosh Posted May 7, 2012 at 07:57 PM Report Share Posted May 7, 2012 at 07:57 PM An "Executive Committee" must be authorized by the bylaws, or you can't have one. If and when you have one, they can exclude anyone who is not a member of it, yes. Link to comment Share on other sites More sharing options...
Guest Jon Doe Posted May 7, 2012 at 08:02 PM Report Share Posted May 7, 2012 at 08:02 PM Ok, thanks. Yes the bylaws do allow for it. Wasn't sure if board members could be excluded from an EC session, as the board is charged with overseeing the EC and has full veto power over it, but yet the board does not know a lot of what they decide as much of it is done in executive session. Link to comment Share on other sites More sharing options...
George Mervosh Posted May 8, 2012 at 12:22 AM Report Share Posted May 8, 2012 at 12:22 AM Can't the Board demand the EC produce it's minutes? Link to comment Share on other sites More sharing options...
Guest Jon Doe Posted May 8, 2012 at 01:16 AM Report Share Posted May 8, 2012 at 01:16 AM I don't know? I'm new to this. Can minutes be demanded from a meeting done in executive session? An example of one of the issues regarding this, is the EC determines the pay rate and performance of the paid office staff. Now, this is done in executive session, board members not allowed. However, the bylaws state under the heading of responsibilities of the board, " shall establish job descriptions, including remuneration, for any paid staff". Problem is, the board can't even find out what the staff IS paid, individually, only the general cost of staff as printed in the finances. Link to comment Share on other sites More sharing options...
George Mervosh Posted May 8, 2012 at 01:23 AM Report Share Posted May 8, 2012 at 01:23 AM I was being rhethorical. In my opinion a superior body may require its subordinate body to produce them. At a Board meeting move to have the EC produce their minutes and have them read to the Board. It will require a majority vote if previous notice of the motion is given to the Board, a 2/3 vote without previous notice, or a majority of the entire board regardless of notice.No need to be in the dark. Link to comment Share on other sites More sharing options...
Trina Posted May 8, 2012 at 01:46 PM Report Share Posted May 8, 2012 at 01:46 PM I don't know? I'm new to this. Can minutes be demanded from a meeting done in executive session? An example of one of the issues regarding this, is the EC determines the pay rate and performance of the paid office staff. Now, this is done in executive session, board members not allowed. However, the bylaws state under the heading of responsibilities of the board, " shall establish job descriptions, including remuneration, for any paid staff". Problem is, the board can't even find out what the staff IS paid, individually, only the general cost of staff as printed in the finances.And to add a bit to what Mr. Mervosh said, the authority of the superior body to require the reading of the minutes of a subordinate body applies to the minutes of meetings held in executive session in exactly the same way that it applies to the minutes of meetings held in normal or 'open' session. The only difference is that it is advisable for the superior body to go into executive session itself (imposing a duty of confidentiality on those attending) before hearing executive session minutes of the subordinate body.For supporting citations see RONR (11th ed.) p. 487 ll. 17-20 and also p. 485 -- the section on the EXECUTIVE COMMITTEE -- which outlines the similarity of the relationship between the EC and the board vis-a-vis the relationship between the board and the general membership assembly of the society.Your EC may be surprised to learn that the Board (as a body) actually has full authority to access this information, even though individual board members do not have right to attend EC meetings. Link to comment Share on other sites More sharing options...
Guest Jon Doe Posted May 11, 2012 at 02:13 PM Report Share Posted May 11, 2012 at 02:13 PM Thanks very much for the answers. This is a great site, and I enjoying seeing others questions and answers as well, as some of them also could apply to my group. It's also reassuring to see their are others orgs even more messed up than this one, lol. Link to comment Share on other sites More sharing options...
David A Foulkes Posted May 11, 2012 at 02:16 PM Report Share Posted May 11, 2012 at 02:16 PM It's also reassuring to see their are others orgs even more messed up than this one, lol.Now John, it's not a competition, you know? Link to comment Share on other sites More sharing options...
Gary c Tesser Posted May 11, 2012 at 06:28 PM Report Share Posted May 11, 2012 at 06:28 PM If it were, it's fierce. Link to comment Share on other sites More sharing options...
Guest Edgar Posted May 11, 2012 at 06:37 PM Report Share Posted May 11, 2012 at 06:37 PM If it were, it's fierce.Seems like there some sort of problem with the tenses (tensi?) in that sentence. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted May 14, 2012 at 07:27 AM Report Share Posted May 14, 2012 at 07:27 AM Seems like there some sort of problem with the tenses (tensi?) in that sentence.Yeah, I gave up. Looking for subjunctive while trying to avoid it. And it was two in the morning. O and did I mention my asthma. Link to comment Share on other sites More sharing options...
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