Guest Chuck Posted February 19, 2018 at 04:37 PM Report Share Posted February 19, 2018 at 04:37 PM If a vote is taken in an executive session to pursue a lawsuit and it is reported as a 6-1 vote in favor of continuing the law suit, do the names of each director need to be identified in the minutes and how they voted? Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted February 19, 2018 at 04:41 PM Report Share Posted February 19, 2018 at 04:41 PM 2 minutes ago, Guest Chuck said: If a vote is taken in an executive session to pursue a lawsuit and it is reported as a 6-1 vote in favor of continuing the law suit, do the names of each director need to be identified in the minutes and how they voted? Only if the vote was taken by roll call. RONR (11th ed.), pp. 420-422 Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted February 19, 2018 at 08:20 PM Report Share Posted February 19, 2018 at 08:20 PM 3 hours ago, George Mervosh said: Only if the vote was taken by roll call. RONR (11th ed.), pp. 420-422 And it would be pretty silly to order a roll call vote for a meeting held in executive session. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted February 19, 2018 at 10:55 PM Report Share Posted February 19, 2018 at 10:55 PM 6 hours ago, Guest Chuck said: If a vote is taken in an executive session to pursue a lawsuit and it is reported as a 6-1 vote in favor of continuing the law suit, do the names of each director need to be identified in the minutes and how they voted? Not unless it was taken as a roll-call vote. In fact, not even the vote count would be recorded unless it was explicitly a counted vote. Voice votes are simply recorded as passed or rejected. The fact that it was in executive session does not affect the answer. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted February 20, 2018 at 12:00 AM Report Share Posted February 20, 2018 at 12:00 AM (edited) 1 hour ago, Gary Novosielski said: The fact that it was in executive session does not affect the answer. Except for the fact that it would be very unusual to take a roll call vote in executive session. The purpose of a roll call vote is to force members to “go on record” in order to be held accountable to their constituents. The purpose of executive session is to keep all proceedings of a particular meeting secret. So there is no point in ordering a roll call vote, unless it is intended to follow up with a motion to lift secrecy regarding the motion and the vote. Edited February 20, 2018 at 12:00 AM by Josh Martin Quote Link to comment Share on other sites More sharing options...
J. J. Posted February 20, 2018 at 05:21 AM Report Share Posted February 20, 2018 at 05:21 AM 8 hours ago, Josh Martin said: And it would be pretty silly to order a roll call vote for a meeting held in executive session. Sometimes the minutes will be released in the future or be subject to discovery in a lawsuit. It might be done for those purposes. Quote Link to comment Share on other sites More sharing options...
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