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Executive Session?


Guest Jackie Sheads

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Our Homeowners Association Board has recently added "Board Private/Confidential Time" to the monthly Board Meetings agenda. Does this constitute an Executive Session? If not, should the minutes of this time be included in the general minutes when they are posted?

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Your board should avoid non-standard language. If its intent is to conduct a portion of its meeting in executive session is should use that term. Perhaps, when the agenda is being adopted (see FAQ #14) a board member could suggest that the appropriate language be used.

 

That said, although RONR does not require that the minutes of meetings (or portions thereof) held in executive session be kept separate, it might be prudent to do so.

 

Finally, nothing in RONR requires that minutes be "posted".

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The direct answer to the original poster's question is "Yes."  The minutes of this portion of the meeting should not be posted, unless the secrecy is lifted.

 

Since we don't know what rule, if any, is causing the minutes to be posted in the first place, I don't think we can say with any great confidence that the minutes of the "Board Private/Confidential Time" part of the meeting should not be posted as well.

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I'm not sucking up, I'll just say I was thinking, as I read along, basically what Shmuel Gerber said.  Except that I think there were two questions asked, and I think the answers to both of them are "we can't know from here, at least without more details, and they would almost certainly be painful."

 

Not that I don't suck up now and then. Chris H, I mean you.

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Oh nuts.  I just have to make sure this gets explicitly said.  Jackie Sheads: PLease do take note that everything that is enacted (in contrast to, everything said in debate or stuff) in Executive session must be recorded in the minutes.

 

[Edit:  I first wrote "have" as "got."  More emphatic, but less clear.]

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