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Closed vs executive sessions


Prdmry

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38 minutes ago, Prdmry said:

Is their any structural difference between a closed or executive session.  Are the minutes for both or either confidential?

 

RONR speaks only of "executive sessions", not "closed sessions".  The two terms are not necessarily synonymous.  An executive session is a secret session in which the proceedings are secret.  Non members are usually excluded (but can be invited to remain) and those who attend are duty bound to keep the proceedings secret.  A "closed meeting", on the other hand, is a term that could be used to denote an executive session, but it can also mean a meeting at which only members may attend but the proceedings are not necessarily secret.  Some organizations conduct all of their meetings as "closed meetings", meaning only members may attend, but what takes place at the meetings is not secret.

It is best to not try to use the terms interchangeably.  Whereas an executive session has a clearly defined meting in parliamentary law, the term closed session does not.  It can mean different things to different people and in different circumstances. 

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I agree that the wording can be tricky sometimes. Especially when common words have a different meaning in parliamentary language.

We have the wording below in our governing document:

"II. Not less than once each quarter, and at such additional times as may be specified in the condominium bylaws, the board of directors shall, subject to the provisions of RSA 356-B:37-d, hold an open regular meeting during which unit owners shall be afforded a reasonable opportunity to comment on any matter affecting the association. At its discretion, the board of directors may meet in a meeting not open to unit owners provided the meeting is recorded and the recording is made available to unit owners for up to 30 days upon request."

So we can have meetings "not open" to unit owners. Remember the TV game show "Password"? The clue is "not open"; the answer is "closed".  😉

In our case, having to record an entire meeting and make it available seems odd. I think we'd still need to take and approve minutes.

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Much probably depends on the culture of the organization. Holding a closed meeting, i.e. one where non-members can't attend, is standard in some organizations to the point that no term is needed. In others, the standard might be anyone in the world can attend, so a word is needed for a meeting not held in executive session but whose minutes are not distributed and where non-members may not attend.

And if it's a committee, and the meetings are closed, the rule about allusions to committee proceedings comes into play.

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One (new) Board member on our POA believes that homeowner-members that attend Executive Board meetings are not allowed to speak.  We have previously allowed any homeowner-member to attend & speak an Executive Board meeting for transparency.  I understand the additional attendees cannot vote on Board decisions, but they can still attend and speak, correct?  

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3 minutes ago, Betsy Barber said:

One (new) Board member on our POA believes that homeowner-members that attend Executive Board meetings are not allowed to speak.  We have previously allowed any homeowner-member to attend & speak an Executive Board meeting for transparency.  I understand the additional attendees cannot vote on Board decisions, but they can still attend and speak, correct?  

Under the rules in RONR this matter is left to the discretion of the board, not one member.  They can permit or forbid attending and/or speaking.

By the way, see this reminder from Mr. Gerber noting you should start a new thread, rather than adding on to a current one.  https://robertsrules.forumflash.com/topic/25416-important-read-this-first-faq-and-information-for-new-members-and-guests/

 

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4 minutes ago, Betsy Barber said:

One (new) Board member on our POA believes that homeowner-members that attend Executive Board meetings are not allowed to speak.  We have previously allowed any homeowner-member to attend & speak an Executive Board meeting for transparency.  I understand the additional attendees cannot vote on Board decisions, but they can still attend and speak, correct?  

Betsy, are you in the same organization as original poster prdmry and is your question directly related to the situation she described?  If not, please ask your question by posting it as a new topic, which starts a new thread.  It gets confusing when we are answering more than one question even if they seem somewhat related.

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