Entering Executive Session

[Guest KitsapTyler]

What is required to enter an executive session? The only mention of executive sessions in either our Bylaws or Standing Rules refer to who may attend. As I understand it, a motion with a majority vote is required to properly enter an executive session. Can this be achieved through an informal unanimous consent request by the Chair? What is the consequence of not properly entering the executive session? Are the members bound to the confidentiality of the session?

Also, regarding attendance, does modification of the established attendees require a vote of the body? In other words, are non-members and invitees required to be voted on in order to properly attend? And what is the consequence of not be in order on any of these rules?

Thanks. 

[Richard Brown]

12 minutes ago, Guest KitsapTyler said:

What is required to enter an executive session? The only mention of executive sessions in either our Bylaws or Standing Rules refer to who may attend. As I understand it, a motion with a majority vote is required to properly enter an executive session. Can this be achieved through an informal unanimous consent request by the Chair?

Yes.  An executive session can be ordered either through a majority vote or unanimous consent unless your rules provide otherwise.

13 minutes ago, Guest KitsapTyler said:

What is the consequence of not properly entering the executive session? Are the members bound to the confidentiality of the session?

RONR does not cover that point explicitly, but it seems to me that if the body fails to actually enter into executive session, then the rules of confidentiality of an executive session do not apply.  However, I would be very careful of taking advantage of a technicality to divulge what transpired in an executive session.  The other members may frown upon it quite severely and a member who does that may find himself facing disciplinary action for something such as conduct unbecoming a member of the society, tending to injure the good name of the society, etc.   My own opinion is that if the other members believe that the proceedings were in executive session or should otherwise be held in confidence, it is best go go along. My point can be summarized with, "Divulge what transpired at your own risk".  And be prepared to face consequences.

21 minutes ago, Guest KitsapTyler said:

Also, regarding attendance, does modification of the established attendees require a vote of the body? In other words, are non-members and invitees required to be voted on in order to properly attend? And what is the consequence of not be in order on any of these rules?

I'm not sure what you mean by the quote above.  Decisions regarding which non-members may attend an executive session can be by majority vote or unanimous consent.   Additional persons may be permitted to attend as the meeting progresses and non members in attendance may be asked to leave.  It is probably done by unanimous consent more often than by actual vote.   Non members who are permitted to attend an executive session are bound by the same rules of confidentiality as members.  However, enforcement of the confidentiality rule might naturally be harder to enforce when it comes to non-members.

[Guest KitsapTyler]

Thanks for the response. With the last point I think I was asking if allowing guests to attend the executive session requires a separate vote from the vote to enter the session, or can the two be combined in the same request for general consent?

[Richard Brown]

It can all be done with one motion and vote:  "I  move that we go into executive session and that John Smith, Alex Jones, and Mary Wilson be permitted to attend".

[Guest KitsapTyler]

Awesome, thanks for the clarification!