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open executive session


lindakeenan

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I work in an educational setting.  9 teachers were not given due process when being reassigned.  There is a 'special meeting' being held by the board of education next Wednesday to address this issue.  They have stated that when discussing the individuals involved they will go into executive session with them.  I know the individuals each have the right to ask that the session be an open session.  My question - does the board of education have the right to limit the number of attendees at this open executive session?  Thanks for your attention. Linda

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I work in an educational setting.  9 teachers were given due process when being reassigned.  There is a 'special meeting' being held by the board of education next Wednesday.  They have stated that when discussing the individuals involved they will go into executive session with them.  I know the individuals each have the right to ask that the session be an open session.  My question - does the board of education have the right to limit the number of attendees at this open executive session?  Thanks for your attention. Linda

 

There is no such thing as an open executive session.  The board may invite anyone they choose to the portion of the meeting held in executive session and exclude anyone they want.  This of course assumes the rules in RONR apply to your situation.

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To 'professional registered parliamentarian':  Can't the individual who is being discussed in the executive session also invite any people they want to attend the part held in executive session.  I know several years ago this was the case - a teacher being discussed during an executive session brought a lawyer and about 20 people and they were all allowed to attend.  I just want to get a professional opinion about this before Wednesday's meeting because it appears the board of education is not going to let anyone attend other than the teacher beign discussed. Thanks.

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 Can't the individual who is being discussed in the executive session also invite any people they want to attend the part held in executive session.  

 

Not under the rules in Robert's Rules.

 

 I know several years ago this was the case - a teacher being discussed during an executive session brought a lawyer and about 20 people and they were all allowed to attend. 

 

The key is they were allowed to by the Board. 

 

And what Mr. Fish said.

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I work in an educational setting.  9 teachers were not given due process when being reassigned.  There is a 'special meeting' being held by the board of education next Wednesday to address this issue.  They have stated that when discussing the individuals involved they will go into executive session with them.  I know the individuals each have the right to ask that the session be an open session.  My question - does the board of education have the right to limit the number of attendees at this open executive session?  Thanks for your attention. Linda

 

If the individuals exercise their (apparent) right to have their reassignment addressed in open session, it will, by definition, not be in executive session.

 

Therefore, whatever open meetings law regulates the attendance of the public at open meetings will be in effect.  What those laws might be in your region, I have no idea, and I would advise you to seek legal council if the matter is of importance to you.

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As one or two others have pointed out, the question of whether any of the teachers have the right to insist on an open, public hearing and the question of who may attend an executive session of a public body will be found in your state's open meetings laws and other state and local laws and rules governing the proceedings of that particular public body. 

 

RONR provides that the body which is meeting in executive session has the right to determine whether to meet in executive session and to determine who may attend an executive session.  However, any state and local laws and rules on the subject trump whatever is in RONR.

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