A Quorum in Executive Session

[Tomm]

Question 17: in RONR in Brief asks "Can votes be taken in an executive session?"

"Answer: Yes, votes can be taken in executive session. Proceedings in an executive session are secret, but are not restricted in any other way."

Question: An executive session is basically a meeting within a meeting and the original meeting was established with the required quorum,  but can a break-out executive session within that meeting be held, with votes cast, with less than a quorum within that executive session? 

[Dan Honemann]

On 2/14/2022 at 9:57 AM, Tomm said:

Question 17: in RONR in Brief asks "Can votes be taken in an executive session?"

"Answer: Yes, votes can be taken in executive session. Proceedings in an executive session are secret, but are not restricted in any other way."

Question: An executive session is basically a meeting within a meeting and the original meeting was established with the required quorum,  but can a break-out executive session within that meeting be held, with votes cast, with less than a quorum within that executive session? 

No.

I suppose I should add that the "breakout groups" referred to in 52:28 are not at all the same thing as an executive session, and so I'm not sure what you are referring to when you refer to "a break-out executive session."  The breakout groups referred to in RONR do not need to have any sort of quorum present, and RONR provides no rules whatsoever as to how they are to conduct their business.

Edited February 14, 2022 at 03:15 PM by Dan Honemann
Added the last paragraph.

[Josh Martin]

On 2/14/2022 at 8:57 AM, Tomm said:

Question 17: in RONR in Brief asks "Can votes be taken in an executive session?"

"Answer: Yes, votes can be taken in executive session. Proceedings in an executive session are secret, but are not restricted in any other way."

Question: An executive session is basically a meeting within a meeting and the original meeting was established with the required quorum,  but can a break-out executive session within that meeting be held, with votes cast, with less than a quorum within that executive session? 

A quorum is required to conduct business, whether or not the assembly is in executive session.

On 2/14/2022 at 9:00 AM, Dan Honemann said:

The breakout groups referred to in RONR do not need to have any sort of quorum present, and RONR provides no rules whatsoever as to how they are to conduct their business.

I concur with this, although I would add for Tomm's benefit that such breakout groups have no authority to act for the assembly. They are similar in kind to a committee.

"Whatever method is used, in the end, the pending measure must be returned to the full assembly for final consideration under normal parliamentary procedure—just as in the case of a referred question reported back by a committee—and the assembly must make the final decision, if whatever is to purport to be a product of the assembly is to be valid as the assembly’s act." RONR (12th ed.) 52:28

[Richard Brown]

On 2/14/2022 at 8:57 AM, Tomm said:

Question: An executive session is basically a meeting within a meeting . . . . 

No, an executive session is not a “meeting within a meeting“. It is a meeting, or a portion of a meeting, which is subject to certain secrecy provisions. an entire meeting can be held in executive session or only a portion of it can be in executive session.

[Tomm]

On 2/14/2022 at 10:18 AM, Richard Brown said:

No, an executive session is not a “meeting within a meeting“. It is a meeting, or a portion of a meeting,

But the initial meeting must first be a regularly called meeting, a special meeting or an adjourned meeting? 

It's my understanding there is no such "type" of meeting specified as executive session?

[Josh Martin]

On 2/14/2022 at 11:38 AM, Tomm said:

But the initial meeting must first be a regularly called meeting, a special meeting or an adjourned meeting? 

It's my understanding there is no such "type" of meeting specified as executive session?

Yes to both questions.

Edited February 14, 2022 at 05:56 PM by Josh Martin

[Guest Zev]

Quote

An executive session in general parliamentary usage has come to mean any meeting of a deliberative assembly, or a portion of a meeting, at which the proceedings are secret.

RONR 12th ed. 9:24

It seems to me that a special meeting could be called in which the call of the meeting would specify that the entire meeting would be in executive session.

[Josh Martin]

On 2/15/2022 at 4:52 PM, Guest Zev said:

RONR 12th ed. 9:24

It seems to me that a special meeting could be called in which the call of the meeting would specify that the entire meeting would be in executive session.

I disagree. The call of the meeting for a special meeting determines the business which may be conducted, but it may not prescribe how the business is conducted. In the absence of a rule or custom on the subject, the assembly will determine whether to enter executive session at the meeting.

Edited February 16, 2022 at 01:46 AM by Josh Martin

[J. J.]

On 2/15/2022 at 8:45 PM, Josh Martin said:

I disagree. The call of the meeting for a special meeting determines the business which may be conducted, but it may not prescribe how the business is conducted. In the absence of a rule or custom on the subject, the assembly will determine whether to enter executive session at the meeting.

If you are suggesting that a notice that was otherwise proper said "The meeting will be conducted in executive session," would not bind the assembly, I agree.  If you are suggesting that it would be improper, in all cases, to add that phrase, I disagree. 

[Guest Zev]

On 2/15/2022 at 5:45 PM, Josh Martin said:

In the absence of a rule or custom on the subject, the assembly will determine whether to enter executive session at the meeting.

I'll take it.