Guest bob wolf Posted October 12, 2014 at 06:43 AM Report Share Posted October 12, 2014 at 06:43 AM Is it allowed and appropriate for a motion to be made in open session from discussion in executive session? Link to comment Share on other sites More sharing options...
Edgar Guest Posted October 12, 2014 at 11:39 AM Report Share Posted October 12, 2014 at 11:39 AM A small board could informally discuss a question in executive session and then leave it before a member makes a motion (though there would be no need to leave executive session to do so). But, in most instances, debate follows the making of a motion, it doesn't precede it (executive session or not). Link to comment Share on other sites More sharing options...
jstackpo Posted October 12, 2014 at 11:41 AM Report Share Posted October 12, 2014 at 11:41 AM Was the motion in question actually made in ExecSess? Is the motion of a nature such that its content would have to become public in order for the motion to have an effect, like painting the gazebo, for example. Link to comment Share on other sites More sharing options...
Timothy Posted October 12, 2014 at 12:38 PM Report Share Posted October 12, 2014 at 12:38 PM There's no reason why such a motion can't be made, but you wouldn't be able to mention what was discussed during executive session during the discussion of the motion. Link to comment Share on other sites More sharing options...
Edgar Guest Posted October 12, 2014 at 12:42 PM Report Share Posted October 12, 2014 at 12:42 PM . . . you wouldn't be able to mention what was discussed during executive session during the discussion of the motion. Which would seem to preclude any meaningful debate following the making of the motion. Link to comment Share on other sites More sharing options...
Guest bob wolf Posted October 12, 2014 at 01:14 PM Report Share Posted October 12, 2014 at 01:14 PM The organization in question is a Home Owners Association. The motion was to repurpose a pavilion within HOA to a Memorial Garden which I oppose. It appears that a group outside of the HOA made a proposal to the board in executive session. I want to know the details of the proposal(read money, mamgement etc) for this memorial garden. Because it is contentious issue in our HOA it is viewed by some that it is a violation of Robert Rule if not the spirit of the rules. Link to comment Share on other sites More sharing options...
Edgar Guest Posted October 12, 2014 at 01:19 PM Report Share Posted October 12, 2014 at 01:19 PM The motion was to repurpose a pavilion within HOA to a Memorial Garden which I oppose.The board doesn't have the last word. See Official Interpretations 2006-12 and 2006-13. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted October 12, 2014 at 03:08 PM Report Share Posted October 12, 2014 at 03:08 PM Is it allowed and appropriate for a motion to be made in open session from discussion in executive session?Yes. Link to comment Share on other sites More sharing options...
Josh Martin Posted October 12, 2014 at 03:43 PM Report Share Posted October 12, 2014 at 03:43 PM The organization in question is a Home Owners Association. The motion was to repurpose a pavilion within HOA to a Memorial Garden which I oppose. It appears that a group outside of the HOA made a proposal to the board in executive session. I want to know the details of the proposal(read money, mamgement etc) for this memorial garden. Because it is contentious issue in our HOA it is viewed by some that it is a violation of Robert Rule if not the spirit of the rules. The membership may order that the board's minutes be read at a meeting of the general membership. This requires a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice. It would be prudent for the membership to enter executive session before adopting such a motion, so that the information at least stays within the association. Link to comment Share on other sites More sharing options...
Edgar Guest Posted October 12, 2014 at 03:48 PM Report Share Posted October 12, 2014 at 03:48 PM The membership may order that the board's minutes be read at a meeting of the general membership. But if all that took place was a presentation followed by informal discussion the minutes might not satisfy our guest's curiosity. Link to comment Share on other sites More sharing options...
Josh Martin Posted October 12, 2014 at 04:03 PM Report Share Posted October 12, 2014 at 04:03 PM But if all that took place was a presentation followed by informal discussion the minutes might not satisfy our guest's curiosity. Well, it might. Plenty of boards put too much information in their minutes. Failing that, I suppose there is no reason the membership cannot order the board to provide the information in question, and again, it would be prudent for the membership to enter executive session before adopting such a motion. Link to comment Share on other sites More sharing options...
Richard Brown Posted October 12, 2014 at 04:10 PM Report Share Posted October 12, 2014 at 04:10 PM Which would seem to preclude any meaningful debate following the making of the motion. Although, once the motion is made in open session, it can be discussed all over again as if the executive session had never taken place. It doesn't sound to me like this was something really necessitating an executive session, but maybe there is more to it than we know. There are situations, mostly involving public bodies, where something is discussed in executive session, but the law prohibits any votes from being taken in executive session. The body has to go back into open, or public session in order to actually adopt anything. Link to comment Share on other sites More sharing options...
Edgar Guest Posted October 12, 2014 at 04:30 PM Report Share Posted October 12, 2014 at 04:30 PM Although, once the motion is made in open session, it can be discussed all over again as if the executive session had never taken place. I'm not so sure. If post-motion debate reiterates the pre-motion discussion, has the confidentiality of the executive session been violated? There are situations, mostly involving public bodies, where something is discussed in executive session, but the law prohibits any votes from being taken in executive session. The body has to go back into open, or public session in order to actually adopt anything.Yes, I thought that might be the case here. Link to comment Share on other sites More sharing options...
Timothy Posted October 12, 2014 at 06:40 PM Report Share Posted October 12, 2014 at 06:40 PM I'm not so sure. If post-motion debate reiterates the pre-motion discussion, has the confidentiality of the executive session been violated? If someone repeats something they said during executive session, it isn't violating the confidentiality, but if they mention that they said it or someone else mentions that they said it, then the confidentiality has been violated. Link to comment Share on other sites More sharing options...
Edgar Guest Posted October 12, 2014 at 06:53 PM Report Share Posted October 12, 2014 at 06:53 PM If someone repeats something they said during executive session, it isn't violating the confidentiality . . . If you say so. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted October 12, 2014 at 07:00 PM Report Share Posted October 12, 2014 at 07:00 PM If someone repeats something they said during executive session, it isn't violating the confidentiality, but if they mention that they said it or someone else mentions that they said it, then the confidentiality has been violated.If you say so. Well, look at it this way. If, in executive session, someone says that the sky is blue, the fact that sky colors were discussed, and who said what regarding them, is confidential. But that member is not prevented from remarking on the color of the sky forever after. Link to comment Share on other sites More sharing options...
Edgar Guest Posted October 12, 2014 at 07:11 PM Report Share Posted October 12, 2014 at 07:11 PM Well, look at it this way. If, in executive session, someone says that the sky is blue, the fact that sky colors were discussed, and who said what regarding them, is confidential. But that member is not prevented from remarking on the color of the sky forever after. I'm confident you could come up with a counter example. Link to comment Share on other sites More sharing options...
Richard Brown Posted October 12, 2014 at 08:12 PM Report Share Posted October 12, 2014 at 08:12 PM If you say so.We do. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted October 12, 2014 at 11:18 PM Report Share Posted October 12, 2014 at 11:18 PM Is it allowed and appropriate fora motion to be made in open sessionfrom discussion in executive session?I can think of one common example. * Assembly meets and goes into executive session to discuss a lawsuit.* While in executive session, they decide upon an action.* They exit executive session and thus are in a non-secret session.* A member makes the very motion they had decided upon while in executive session. I see nothing wrong with this.So, "yes," is it possible. I can also think of a counter-example, where the motion VIOLATES executive session. -- The motion would violate the secrecy. So, "No," not 100% of all motions are available outside of executive session. Link to comment Share on other sites More sharing options...
Josh Martin Posted October 14, 2014 at 12:46 AM Report Share Posted October 14, 2014 at 12:46 AM Well, look at it this way. If, in executive session, someone says that the sky is blue, the fact that sky colors were discussed, and who said what regarding them, is confidential. Yes, but if the topic is not "sky colors," but the nature of disciplinary charges against a member, or the sensitive details of a lawsuit or contract - which are more likely topics for executive session - then the situation would be somewhat different. Certainly it would be appropriate to say some things if it was indeed necessary to make a motion about the subject in open session (or the motion wouldn't get very far), but other information would be confidential. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted October 14, 2014 at 02:02 AM Report Share Posted October 14, 2014 at 02:02 AM Yes, but if the topic is not "sky colors," but the nature of disciplinary charges against a member, or the sensitive details of a lawsuit or contract - which are more likely topics for executive session - then the situation would be somewhat different. Certainly it would be appropriate to say some things if it was indeed necessary to make a motion about the subject in open session (or the motion wouldn't get very far), but other information would be confidential.Of course, but this was in response to remarks on possible counterexamples. As is so often the case, of course, the answer to the OP's question is: it depends. As long as the contents of the motion itself do not compromise the confidentiality required by the individual situation, moving it in public session would be in order. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.