Jeancspeck Posted January 15, 2022 at 04:58 PM Report Share Posted January 15, 2022 at 04:58 PM When entering into executive session, our board makes a motion to enter into ES, we vote, and it is recorded in the minutes. If I am correct that no motions are made in executive session, how do we come out of executive session? Recently, a set of minutes of our board documented a motion to go into ES, and a motion to come out of ES. The dispute is that the motion to come out would have been made IN ES, and therefore should not have been documented in the minutes. It's a bit of a chicken-and-egg question, but would love some guidance. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted January 15, 2022 at 05:14 PM Report Share Posted January 15, 2022 at 05:14 PM On 1/15/2022 at 11:58 AM, Jeancspeck said: If I am correct that no motions are made in executive session This is not correct. Motions may be made in executive session. Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted January 15, 2022 at 05:18 PM Report Share Posted January 15, 2022 at 05:18 PM On 1/15/2022 at 11:58 AM, Jeancspeck said: When entering into executive session, our board makes a motion to enter into ES, we vote, and it is recorded in the minutes. If I am correct that no motions are made in executive session, how do we come out of executive session? As noted, you are not correct when you say that no motions are made in executive session. An assembly comes out of executive session by the adoption of a motion to do so or by the adoption of a motion to adjourn. Both of these motions can be adopted by a majority vote. Quote Link to comment Share on other sites More sharing options...
smb Posted January 16, 2022 at 07:23 PM Report Share Posted January 16, 2022 at 07:23 PM An executive session may adjourn because there was a motion to do so, or it may adjourn without a motion simply by the chair adjourning the ES once its business is completed. In either case, the regular assembly minutes need only state when the normal business meeting resumed [or adjourned if no further business.] There is no need to refer to anything that occurred within the exec session other than any action that is required or permitted to be reported out. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 17, 2022 at 06:45 PM Report Share Posted January 17, 2022 at 06:45 PM On 1/15/2022 at 11:58 AM, Jeancspeck said: When entering into executive session, our board makes a motion to enter into ES, we vote, and it is recorded in the minutes. If I am correct that no motions are made in executive session, how do we come out of executive session? Recently, a set of minutes of our board documented a motion to go into ES, and a motion to come out of ES. The dispute is that the motion to come out would have been made IN ES, and therefore should not have been documented in the minutes. It's a bit of a chicken-and-egg question, but would love some guidance. If I understand the situation correctly, the motion to come out of executive session must logically occur in executive session. Therefore, while the motion to enter executive session would be recorded in the regular minutes, the motion to com out would not. The minutes would record what occurred, if anything, upon return from executive session. But the motion to come out of executive session would be recorded in the minutes of the executive session itself. As others have noted, motions may be made in executive session (although Sunshine Laws may affect this for publicly bodies) and minutes are kept, although typically separate from the minutes of the regular session. Quote Link to comment Share on other sites More sharing options...
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