Executive Session

[Guest Linda J]

What is the proper procedure to go in and out of an executive session?And, if we are discussing someone's contract and  a motion is made in executive session to approve someone's contract, do we repeat the motion after we come out of executive session?

[Richard Brown]

To go into executive session, someone simply makes a motion to go into executive session.  It requires a second and a majority vote unless done by unanimous consent.  Unless your group is a public body subject to open meetings laws or you have a rule requiring votes to be in open meetings, you should be able to vote while still in executive session.  It is up to your organization (or board) to decide whether to vote while still in executive session.

[Guest Linda J]

To go into executive session, someone simply makes a motion to go into executive session.  It requires a second and a majority vote unless done by unanimous consent.  Unless your group is a public body subject to open meetings laws or you have a rule requiring votes to be in open meetings, you should be able to vote while still in executive session.  It is up to your organization (or board) to decide whether to vote while still in executive session.

We don't have a rule requiring open meetings and we are not a public body. We vote in executive session. Usually someone makes a motion to come out of session and then we revote  or state vote, so that it is recorded in regular Board minutes. Is all of this correct procedure?

[Dan Honemann]

We don't have a rule requiring open meetings and we are not a public body. We vote in executive session. Usually someone makes a motion to come out of session and then we revote  or state vote, so that it is recorded in regular Board minutes. Is all of this correct procedure?

 

No.

[jstackpo]

Expanding on Dan slightly...

 

The vote taken in Executive Session is perfectly valid.  If you wish to let the results of that secret vote out to the world, then move to make the (adopted) motion public.  The rest of what went on in ExecSess (debate, amendments, &c.) remains under the cloak of secrecy.

[Guest Linda J]

Expanding on Dan slightly...

 

The vote taken in Executive Session is perfectly valid.  If you wish to let the results of that secret vote out to the world, then move to make the (adopted) motion public.  The rest of what went on in ExecSess (debate, amendments, &c.) remains under the cloak of secrecy.

So we move to make motion public, then move to come out of executive session....board minutes will reflect...in session, result of vote, out of session...then next item on agenda? Or, in session, out of session, revote?

[Dan Honemann]

So we move to make motion public, then move to come out of executive session....board minutes will reflect...in session, result of vote, out of session...then next item on agenda? Or, in session, out of session, revote?

 

No re-voting, please.

[Guest Linda J]

No re-voting, please.

Ok. And the other option is discussion in executive session with no vote, motion to come out of executive session. Minutes reflect...In/out session, then vote with open board, next agenda item. Is this also correct?

[jstackpo]

"Into ExecSess...  [text of adopted motion[... out of ExecSess" is probably the clearest way to put things in the minutes.

 

If you hold the vote after the ExecSess has ended, there is alway the possibility of amendments being proposed and discussed, which kinda blows your cover.

[Guest Linda J]

"Into ExecSess...  [text of adopted motion[... out of ExecSess" is probably the clearest way to put things in the minutes.

 

If you hold the vote after the ExecSess has ended, there is alway the possibility of amendments being proposed and discussed, which kinda blows your cover.

Thank you!!!

[Guest Linda J]

One more thing. If text of motion to become public is listed in minutes between in/out of executive session is the count also listed with movers and seconders?

[jstackpo]

Count made public?  Only if you decide to reveal that.  (Why do you record the count at all  --  it isn't required unless you have an actual counted vote, or roll call.  "Adopted", "Defeated" will do just fine.)

 

Mover's names:  Ditto

 

Seconders names:  not required at all - see p. 470.

[Guest Linda J]

Count made public?  Only if you decide to reveal that.  (Why do you record the count at all  --  it isn't required unless you have an actual counted vote, or roll call.  "Adopted", "Defeated" will do just fine.)

 

Mover's names:  Ditto

 

Seconders names:  not required at all - see p. 470.

This board always counts votes and records them(just because they always have). So, in that case, would the count be recorded or really not necessary...and any suggestions to be more efficient in future?

[jstackpo]

Suggestion:  "All in favor say 'Aye'...All Opposed say 'No' ...  The ayes have it and the motion is adopted".

[Guest Linda J]

Suggestion:  "All in favor say 'Aye'...All Opposed say 'No' ...  The ayes have it and the motion is adopted".

In what instance would it be necessary to take a counted vote? And, then would you have to record it because it is counted? 

[Josh Martin]

In what instance would it be necessary to take a counted vote?

It might be necessary to take a counted vote because the vote is so close that the chair cannot determine the outcome from a voice vote, or even from an uncounted rising vote. (This probably isn't a problem in a small board, but it might be in a larger assembly.) In some cases, it may also be desirable to take a counted vote for a motion which is especially important.

And, then would you have to record it because it is counted?

The count must be recorded if a counted vote is ordered by the assembly.

[Guest Linda J]

It might be necessary to take a counted vote because the vote is so close that the chair cannot determine the outcome from a voice vote, or even from an uncounted rising vote. (This probably isn't a problem in a small board, but it might be in a larger assembly.) In some cases, it may also be desirable to take a counted vote for a motion which is especially important.

The count must be recorded if a counted vote is ordered by the assembly.

But if counted vote is taken in executive session and we vote to make motion public do the minutes need to reflect count also?  ... in exec session...adapted motion...out exec session...next agenda item

[Guest Linda J]

But if counted vote is taken in executive session and we vote to make motion public do the minutes need to reflect count also?  ... in exec session...adapted motion...out exec session...next agenda item

^*adopted

[Josh Martin]

But if counted vote is taken in executive session and we vote to make motion public do the minutes need to reflect count also? ... in exec session...adapted motion...out exec session...next agenda item

As noted, if the assembly orders a counted vote, the count must be recorded in the minutes. The count does not, however, need to be public, even if the motion is made public. The minutes don't need to be public either.

[Guest Linda J]

As noted, if the assembly orders a counted vote, the count must be recorded in the minutes. The count does not, however, need to be public, even if the motion is made public. The minutes don't need to be public either.

Thanks all!

[Gary Novosielski]

So we move to make motion public, then move to come out of executive session....board minutes will reflect...in session, result of vote, out of session...then next item on agenda? Or, in session, out of session, revote?

If it is your intention to make the motion public, simply vote to come out of executive session before voting on the motion.  The remarks made in debate are still confidential, and only the final result is made known.