Nikki Posted October 31, 2016 at 03:36 PM Report Share Posted October 31, 2016 at 03:36 PM At our recent board meeting we met in executive or closed session to discuss a matter with a homeowner. I am the secretary and the other board members told me not to put in the minutes that the board met in executive session with a homeowner. It is not addressed in our bylaws. What should I do? I thought it was supposed to be mentioned in the minutes that the board met in executive session but of course not to include the minutes of the executive session in the regular board meeting minutes. Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted October 31, 2016 at 03:48 PM Report Share Posted October 31, 2016 at 03:48 PM The minutes are a record of what was done at the meeting. If the board met in executive session, then the minutes should say so. Link to comment Share on other sites More sharing options...
Joshua Katz Posted October 31, 2016 at 03:50 PM Report Share Posted October 31, 2016 at 03:50 PM The minutes should say that the board met in executive session. Minutes should be kept for the executive session as well, although these should be approved in executive session. In practice, if the board wants to keep it out, they'll amend the minutes to remove the fact that they met in executive session before approving them. You should try your best. I would put it in even if I think they'll amend it out. Link to comment Share on other sites More sharing options...
Nikki Posted November 1, 2016 at 01:40 PM Author Report Share Posted November 1, 2016 at 01:40 PM I need to reword this question. Our board met with a homeowner to discuss an issue. They are not calling it an executive session so they are saying they do not want it mentioned in the minutes that they met with a homeowner. I was assuming that it was called a meeting in executive session. What do you call it when the board meets with a homeowner before the actual board meeting? Was this done improperly? Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted November 1, 2016 at 01:58 PM Report Share Posted November 1, 2016 at 01:58 PM If it was done outside of the meeting, it would not be in the minutes. Link to comment Share on other sites More sharing options...
Nikki Posted November 1, 2016 at 03:24 PM Author Report Share Posted November 1, 2016 at 03:24 PM What kind of meeting is it when the board meets privately with a homeowner? When would a board choose to meet in executive session to discuss a matter? We discuss legal issues all the time during board meetings; it is just not written in the minutes. Link to comment Share on other sites More sharing options...
Joshua Katz Posted November 1, 2016 at 03:28 PM Report Share Posted November 1, 2016 at 03:28 PM If the board is not in a meeting, it would be called a conversation. A board chooses to meet in executive session when secrecy is needed: litigation strategy, personnel matters, sensitive issues, etc. Discussions shouldn't be in your minutes, but discussions shouldn't be happening during meetings if they aren't debate on a motion, so I'm not sure whether or not it makes sense to discuss legal issues all the time during board meetings and not record them in the minutes. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted November 8, 2016 at 04:39 AM Report Share Posted November 8, 2016 at 04:39 AM On 10/31/2016 at 11:50 AM, Godelfan said: ... In practice, if the board wants to keep it out, they'll amend the minutes to remove the fact that they met in executive session before approving them....) Is this sort of falsifying of reality (we can call it "history," but that can make the matter seem merely academic) really common? (ANd at a meeting "with a homeowner"?!) Link to comment Share on other sites More sharing options...
Joshua Katz Posted November 8, 2016 at 04:47 AM Report Share Posted November 8, 2016 at 04:47 AM 7 minutes ago, Gary c Tesser said: Is this sort of falsifying of reality (we can call it "history," but that can make the matter seem merely academic) really common? (ANd at a meeting "with a homeowner"?!) I'm not sure. I've seen majorities refuse to record things that happened, but not often. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted November 8, 2016 at 04:58 AM Report Share Posted November 8, 2016 at 04:58 AM On 11/1/2016 at 11:28 AM, Godelfan said: If the board is not in a meeting, it would be called a conversation. A board chooses to meet in executive session when secrecy is needed: litigation strategy, personnel matters, sensitive issues, etc.... ANd minutes are not kept of conversations, Q.E. D.* Well put. On 11/1/2016 at 11:28 AM, Godelfan said: ... Discussions shouldn't be in your minutes, but discussions shouldn't be happening during meetings if they aren't debate on a motion I would have expected you to say that this board might be using small-board rules (RONR - IB, p.3, lines 12 - 15 -- you have to count them (I used my fingers, I have almost enough); cf. RONR, 11th Ed., pl. 488, third bullet point), allowing informal conversation. I don't think those warrant being recorded (with the exception ofmotions made, which, by definition, of course should), do you? ______ * No, that doesn't mean I'm citing the Quidditch English Dictionary! N. B. I've always wanted to use "cf." : I finally got to do it here. Maybe college would be a good idea next. Right after my RP test. Link to comment Share on other sites More sharing options...
Joshua Katz Posted November 8, 2016 at 02:15 PM Report Share Posted November 8, 2016 at 02:15 PM 9 hours ago, Gary c Tesser said: ANd minutes are not kept of conversations, Q.E. D.* Well put. I would have expected you to say that this board might be using small-board rules (RONR - IB, p.3, lines 12 - 15 -- you have to count them (I used my fingers, I have almost enough); cf. RONR, 11th Ed., pl. 488, third bullet point), allowing informal conversation. I don't think those warrant being recorded (with the exception ofmotions made, which, by definition, of course should), do you? ______ * No, that doesn't mean I'm citing the Quidditch English Dictionary! N. B. I've always wanted to use "cf." : I finally got to do it here. Maybe college would be a good idea next. Right after my RP test. No, I don't think those warrant being recorded either. Link to comment Share on other sites More sharing options...
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