Executive Session mistake and sealing records or minutes

[Bryce Sullivan]

A board of which I am a member made a mistake in not going into Executive Session when discussing a resignation negotiation. The only people present who were not members of the board were inactive members (members without voting priveleges due to our membership cycle procedures). A proposal was distributed, discussion was initiated, and then at some point thereafter we went into Executive Session. An inactive member (who was exculded during Executive Session) took a copy of the resignation proposal and then distributed it to some of our broader constituents creating no small controversy. We always keep salary information confidential, and we should have gone into Executive Session, but we didn't. 

 

Since the resignation proposal was distributed before entering Executive Session, some members think it necessarily needs to go in our minutes from the meeting. Could we move that the material not go in the regular minutes or move that the matieral be sealed in some way (as would be the case if we had been in Executive Session)? Minutes are open to our broader constituents, and we would like to limit exposure or distribution of the resignation proposal since we historically have kept such personnel issues private.

[Gary Novosielski]

There would be no need to include handouts in the minutes in the first place, so I don't think you'd need a motion to leave them out.

[Edgar Guest]

An inactive member (who was excluded during Executive Session) took a copy of the resignation proposal and then distributed it to some of our broader constituents . . . 

 

It would seem the cow (horse?) has already left the barn.

 

For future reference, you can exclude non-members without going into executive session. So, while you might forget that parliamentary formality, you could certainly see that there are people present who shouldn't be.

[Richard Brown]

There would be no need to include handouts in the minutes in the first place, so I don't think you'd need a motion to leave them out.

 

I was thinking along the same lines as Gary.  The handouts do not need to be a part of the minutes and normally would not be, unless your custom is otherwise.  Also, the Board is in ultimate control of what goes in its own minutes unless overridden by the society, if the society has that power.

[Bryce Sullivan]

Some folks are arguing that the information was presented in an "open" part of the meetings (as opposed to during Executive Session) and therefore should be available to the society. I think it's a specious argument based on their desire share this information for political ends.

[Edgar Guest]

Some folks are arguing that the information was presented in an "open" part of the meetings (as opposed to during Executive Session) and therefore should be available to the society. I think it's a specious argument based on their desire share this information for political ends.

 

You might find this recent thread on "open" vs. "closed" vs. "executive session" helpful. Or not.

[Josh Martin]

Some folks are arguing that the information was presented in an "open" part of the meetings (as opposed to during Executive Session) and therefore should be available to the society. I think it's a specious argument based on their desire share this information for political ends.

 

Nothing in RONR requires that this information be available to the society, notwithstanding that it was presented in an "open" part of the meeting.

 

It seems that your organization likely has its own rules on this subject, and there may also be some legal issues, but those are beyond the scope of RONR and this forum.