Can any information discussed in Executive Session be shared?

[Guest Deb T.]

Does everything said or discussed in Executive Session remain 'private' or can (or should) some things be shared with others?

[Hieu H. Huynh]

"A member of a society can be punished under disciplinary procedure if he violates the secrecy of an executive session. Anyone else permitted to be present is honor-bound not to divulge anything that occurred." (RONR 11th ed., p. 96, ll. 6-9)

[Richard Brown]

Agreeing with Hieu, at least in part, not everything that happened in an executive session has to be kept confidential.  For example, if someone was expelled from membership, it is often necessary to let it be known that this person is no longer a member.  But, the details of the proceedings should remain confidential.  It is also permissible, I believe, to discuss who was present at the meeting....but not what was said.  It is often necessary to announce the action that was taken in executive session, such as agreeing to a contract, settling a lawsuit, etc, but without the details of what was said, etc.

 

The section that Hieu quoted from on page 96 goes on to say:

 

"The minutes, or record of proceedings, of an executive session must be read and acted upon only in executive session, unless that which would be reported in the minutes—that is, the action taken, as distinct from that which was said in debate—was not secret, or secrecy has been lifted by the assembly.

 

On page 655, in the section dealing with disciplinary matters and trials, RONR says:

 

"If (after trial) a member is expelled or an officer is removed from office, the society has the right to disclose that fact—circulating it only to the extent required for the protection of the society or, possibly, of other organizations. Neither the society nor any of its members has the right to make public the charge of which an officer or member has been found guilty, or to reveal any other details connected with the case."

 

The devil is often in the details.  What was discussed in an executive session may not be secret...especially when the purpose of the executive session was announced prior to going into executive session or discussed in the debate on the motion to go into executive session, but what was said in the executive session does remain confidential.