Edward Sheridan Posted November 18, 2018 at 05:42 PM Report Share Posted November 18, 2018 at 05:42 PM Hello! I’m brand new to parliamentary procedure, so I apologize in advance for any misconceptions I may have. I have a question in regards to the grounds for the use of an executive session. The setting is a public school board meeting in Texas. The board has attracted the ire of many parents in its jurisdiction, and they have noticed that the board goes into executive session quite often when conducting day-to-day administration. The perception is that executive session is being used inappropriately. I have two questions: 1) What are established grounds for the use of exective session? 2) What means would the public have at its disposal to dispute the frequent use of exective session? Thank you in advance for your input. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted November 18, 2018 at 05:55 PM Report Share Posted November 18, 2018 at 05:55 PM So far as RONR is concerned, an assembly may enter executive session whenever it decides it is appropriate, and non-members have no means at their disposal to dispute the decision. However, since you are talking about a public body, there are quite likely applicable state or local laws on the topic, which would supersede the rules in RONR. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted November 18, 2018 at 06:44 PM Report Share Posted November 18, 2018 at 06:44 PM I agree with Mr Katz. If this is a public school board, it is almost certainly considered a public body and is likewise almost certainly covered by your state's open meetings laws (sunshine laws) or some other authority which has a higher ranking than RONR. Those laws usually include restrictions on when the body can go into executive session and they also often prohibit votes from being taken in executive session. Quote Link to comment Share on other sites More sharing options...
jstackpo Posted November 18, 2018 at 07:32 PM Report Share Posted November 18, 2018 at 07:32 PM If there are "open meeting" laws, or equivalent, file a lawsuit (if you are of the litigious sort), or at least threaten to do so. But be sure you have grounds to do so, and standing, I suppose. (Non-Lawyer typing here. Check with a real one.) Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 21, 2018 at 01:15 AM Report Share Posted November 21, 2018 at 01:15 AM (edited) <deleted> Edited November 21, 2018 at 01:18 AM by Gary Novosielski Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 21, 2018 at 01:25 AM Report Share Posted November 21, 2018 at 01:25 AM (edited) On 11/18/2018 at 12:42 PM, Edward Sheridan said: Hello! I’m brand new to parliamentary procedure, so I apologize in advance for any misconceptions I may have. I have a question in regards to the grounds for the use of an executive session. The setting is a public school board meeting in Texas. The board has attracted the ire of many parents in its jurisdiction, and they have noticed that the board goes into executive session quite often when conducting day-to-day administration. The perception is that executive session is being used inappropriately. I have two questions: 1) What are established grounds for the use of exective session? 2) What means would the public have at its disposal to dispute the frequent use of exective session? Thank you in advance for your input. RONR has no restrictions on the use of executive session, but undoubtedly your public school board will be subject to state regulations regarding its use. I am not a lawyer and not a Texan, but for illustration I can describe the equivalent rules in New Jersey, which require that the motion to go into executive session, adopted in open session, shall describe, to the extent possible, the nature of the business to be discussed, and the reason for needing to discuss it in executive session. Reasons must fall into one or more defined categories, such as personnel issues, proposed real estate transactions, matters covered by student privacy rules, negotiation proposals, and the like, and the motion must also state whether action might be taken. While in executive session, no business other than that stated in the motion may be discussed. There are also rules providing that once the reason for confidentiality no longer exists, minutes of executive session are to be made public. But since the rules also provide that most votes must take place in public session, those minutes are usually devoid of detail. The details for you board are sure to vary from these, but virtually every state will have regulations to ensure that executive session will not be abused in public bodies. Depending on what is meant by "day-to-day administration" and what your regulations say, this may or may not be abuse of the process. As far as what recourse the public has, this is also likely to vary from state to state. In New Jersey there is a State Ethics Commission where complaints alleging violations can be lodged, and which can impose remedies on public bodies, without the need to go to court. P.S. Sorry for all the underlines. I did not set them and can't get rid of them.] Edited November 21, 2018 at 01:26 AM by Gary Novosielski Quote Link to comment Share on other sites More sharing options...
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