Executive Session Vote

[Guest Ann]

Item was on agenda for open session meeting.

Item was then moved to executive session for discussion and vote.

Where would the vote reflect in the minutes, open session or only executive session.

Thank you

[J. J.]

The minutes of the open session would reflect that the item was was brought up in open session, and that the matter was presumably postponed to an executive session. The minutes of the executive session would indicate how that item was disposed of.

[Guest Ann]

Executive Session-Our Bylaws state

The Board may adjourn a meeting and reconvene in executive session to discuss and vote upon

personnel matters, litigation in which the Association is or may become involved, and orders of

business of a similar nature. The nature of any and all business to be considered in executive

session shall first be announced in open session.

As we are a homeowners association and required to answer to our members, how much

information should we reflect in the open minutes regarding the discussion and vote taken during

executive session.

[Josh Martin]

As we are a homeowners association and required to answer to our members, how much information should we reflect in the open minutes regarding the discussion and vote taken during executive session.

Your organization will need to interpret its own Bylaws. See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation.

[Gary Novosielski]

As we are a homeowners association and required to answer to our members, how much

information should we reflect in the open minutes regarding the discussion and vote taken during

executive session.

Minutes record what was done, not what was said. So discussion would not properly be a part of any minutes, open or executive (closed).

Minutes of executive sessions are not made "public" as the whole point of executive session is confidentiality. Presumably the open session minutes would contain the original motion that was proposed before the body went into closed session. But the minutes of the executive session would be kept separately.

However, if the minutes only contain the results of a vote, and if the action voted upon, once carried out, would be public knowledge, then the need for confidentiality may no longer exist. For instance, if the vote was to tear down the clubhouse, people are going to figure out that the clubhouse is gone before long, even if you don't tell them.