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Special meetings and executive session


sMargaret

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Once a special meeting has been called, can that meeting actually go into executive session if the call did not state that?

At a recent school board meeting I attended (I'm not a member), a trustee put forward a motion that a special board meeting be held at a specific date and time for two purposes - to clarify the role of a board committee as called for in a bylaw, and to clarify the relationship of their committee's policy as regards that same bylaw. The specific date and time that the board meeting was called for was the same time that the committee in question normally meets - three trustees are members of that committee, and the committee meetings are also attended by other partner groups. During the board meeting, trustees stated that the partner groups could attend that upcoming meeting.

However, an email has just come out stating that partner groups are not invited to this meeting.

Now then - this is a board meeting, and as such, is public. If they wish to move to executive session, then they would need to have a motion to move to executive session, right? But they would be constrained by the call of the special meeting to only transact business as called for in the motion, so they couldn't move to executive session?

I will note that I would expect that all board members would be at this meeting, and that there are no general members. I also may have a follow up question. :)

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Once a special meeting has been called, can that meeting actually go into executive session if the call did not state that?

"The only business that can be transacted at a special meeting is that which has been specified in the call of the meeting. This rule, however, does not preclude the consideration of privileged motions, or of any subsidiary, incidental, or other motions that may arise in connection with the transaction of such business or the conduct of the meeting." RONR, 11th ed., p. 93.

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Once a special meeting has been called, can that meeting actually go into executive session if the call did not state that?

At a recent school board meeting I attended (I'm not a member), a trustee put forward a motion that a special board meeting be held at a specific date and time for two purposes - to clarify the role of a board committee as called for in a bylaw, and to clarify the relationship of their committee's policy as regards that same bylaw. The specific date and time that the board meeting was called for was the same time that the committee in question normally meets - three trustees are members of that committee, and the committee meetings are also attended by other partner groups. During the board meeting, trustees stated that the partner groups could attend that upcoming meeting.

However, an email has just come out stating that partner groups are not invited to this meeting.

Now then - this is a board meeting, and as such, is public. If they wish to move to executive session, then they would need to have a motion to move to executive session, right? But they would be constrained by the call of the special meeting to only transact business as called for in the motion, so they couldn't move to executive session?

I will note that I would expect that all board members would be at this meeting, and that there are no general members. I also may have a follow up question. :)

As a matter of parliamentary law, it is in order to move to enter executive session during a special meeting. This does not need to be specifically noted in the call.

Since this is a school board, however, it's quite possible applicable law has something to say on this subject.

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Thank you all for comments - I couldn't quite recall if it would be in order or not, and couldn't find the correct reference!

Since this is a school board, however, it's quite possible applicable law has something to say on this subject.

Do let me know if I can ask questions about how that might work - the School Act and the board's bylaw seem to conflict a bit on that. ;)

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Do let me know if I can ask questions about how that might work - the School Act and the board's bylaw seem to conflict a bit on that. ;)

We can say that applicable procedural rules prescribed by local, state or national law take precedence over the Bylaws if there is a conflict (unless the law authorizes the Bylaws to take precedence).

But that's all we can say on the matter, and further questions should be directed to an attorney or to the appropriate state officials.

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