Guest Rebecca Posted June 12, 2012 at 08:15 PM Report Share Posted June 12, 2012 at 08:15 PM We have a personnel issue to resolve. Personnel committee wishes to bring a matter to the board for affirmation, not determination. There is a conflict about whether they have authority to do so in this salso ituation, according to by-laws. One member of the personnel committee is on the board, two are not. Complainant is an ex officio member of both groups and head of staff, with no authority to hire or fire. The board chair would like to go in to executive session before the presentation of the recommendation and excuse non-voting members of the board and any other non-members before the final discussion and vote. Is this advisable? Link to comment Share on other sites More sharing options...
Guest Rebecca Posted June 12, 2012 at 08:21 PM Report Share Posted June 12, 2012 at 08:21 PM Also, who makes the determination to go into executives session--the board as a whole, or the chair? Link to comment Share on other sites More sharing options...
Greg Goodwiller, PRP Posted June 12, 2012 at 08:43 PM Report Share Posted June 12, 2012 at 08:43 PM Rebecca:There's a fair amount here to unpack. Robert's Rules says: Whenever a meeting is being held in executive session, only members of the body that is meeting, special invitees, and such employees or staff as the body or its rules may determine to be necessary are allowed to remain in the hall (RONR pg. 95, ll. 31-35)."Non-voting members" are still members, and unless your bylaws say otherwise, would be allowed to remain when the board is in executive session.The motion to go into executive session would require a second, and a majority vote of the board (again, unless your bylaws say otherwise - for instance, some bylaws state that all personnel matters are handled in executive session). Link to comment Share on other sites More sharing options...
Guest Rebecca Posted June 12, 2012 at 09:09 PM Report Share Posted June 12, 2012 at 09:09 PM Thank you, Greg. Who makes the motion to go into executive session? Link to comment Share on other sites More sharing options...
Guest Edgar Posted June 12, 2012 at 09:11 PM Report Share Posted June 12, 2012 at 09:11 PM Who makes the motion to go into executive session?Any member who thinks it's a good idea to do so. Link to comment Share on other sites More sharing options...
Guest Rebecca Posted June 12, 2012 at 10:14 PM Report Share Posted June 12, 2012 at 10:14 PM Can the chair make this motion? Link to comment Share on other sites More sharing options...
Guest Edgar Posted June 12, 2012 at 10:20 PM Report Share Posted June 12, 2012 at 10:20 PM Can the chair make this motion?Yes. Normally the chair should refrain from making motions in order to preserve the appearance of impartiality (see FAQ #1) but in meetings of small boards (with no more than about a dozen members in attendance) that rule (and a few others) are "relaxed" and the chair is free to participate as fully as any member. Link to comment Share on other sites More sharing options...
Guest Rebecca Posted June 12, 2012 at 10:23 PM Report Share Posted June 12, 2012 at 10:23 PM You've been very helpful--thank you. Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted June 12, 2012 at 10:25 PM Report Share Posted June 12, 2012 at 10:25 PM Can the chair make this motion?Yes. Normally the chair should refrain from making motions in order to preserve the appearance of impartiality (see FAQ #1) but in meetings of small boards (with no more than about a dozen members in attendance) that rule (and a few others) are "relaxed" and the chair is free to participate as fully as any member.If the rules do not require entering into executive session but the chair has good reason to believe that it would be prudent to do so anyway, I think it would be perfectly fine for the chair to suggest it himself (even in a large assembly). Link to comment Share on other sites More sharing options...
Guest Edgar Posted June 12, 2012 at 10:28 PM Report Share Posted June 12, 2012 at 10:28 PM I think it would be perfectly fine for the chair to suggest it himself (even in a large assembly).Yes, it struck me as I was answering that a motion to enter into executive session was unlikely to be so controversial that making it would jeopardize the chair's appearance of impartiality. Thanks for making that clear. Link to comment Share on other sites More sharing options...
Sean Hunt Posted June 13, 2012 at 04:01 AM Report Share Posted June 13, 2012 at 04:01 AM Yes, it struck me as I was answering that a motion to enter into executive session was unlikely to be so controversial that making it would jeopardize the chair's appearance of impartiality. Thanks for making that clear.And if there's a good reason to go into session, it's likely that in the event of a controversy, a member would be readily on hand to move it anyways. If no member takes the initiative, then in some circumstances it might perhaps dovetail into the question I just posted on the advanced discussion board. Link to comment Share on other sites More sharing options...
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