Executive/closed session can the board hold a vote

[Guest Julie Johnson]

Once the board of directors has adjourned the board meeting are they allowed to meet in closed session and conduct business?

[Hieu H. Huynh]

Once the board of directors has adjourned the board meeting, the meeting is over. However, during the meeting, the board could adopt a motion to go into executive session. Also see FAQ #17.

[Guest Guest]

Once the board of directors has adjourned the board meeting, the meeting is over. However, during the meeting, the board could adopt a motion to go into executive session. Also see FAQ #17.

Thank you.  If the board meeting was adjourned and they did not adopt a motion in the meeting to go into executive session, but went into executive session anyway after the meeting was adjourned would the business they conducted in that executive session not be allowed or valid?

[Hieu H. Huynh]

A board can transact business in a regular or properly called board meeting at which quorum is present.  Actions taken outside of meetings could, perhaps, be ratified by the board at the next board meeting.

[Richard Brown]

I think it depends on the circumstances.  If the board knew all along that it was going to go into executive session at the end of the public meeting, but went about it in a rather unorthodox and inelegant manner from simple lack of knowing any better, it might have been legitimate.  I think the answer as to whether the executive session which which followed the regular meeting was proper depends on the totality of the circumstances.

 

If the clear intent all along was to go into executive at the conclusion of the regular meeting, then I think it was proper despite the unorthodox wording they used to do so.

 

On the other hand, if the meeting had clearly ended, and members were starting to leave and then, almost as an afterthought, someone said, "Hey, why don't we have an executive session while we are all her to discuss Mr. Smith's outbursts at the last meeting", that would be improper as the original meting had pretty clearly ended and the executive session would be an entirely new meeting as opposed to moving from a public session to a private session in the same meeting;