rulesasker Posted December 18, 2022 at 07:26 PM Report Share Posted December 18, 2022 at 07:26 PM If a board makes a decision in executive session, and the action is made public, does the vote in executive session remain secret? In this example, the board will vote to hire someone, so that will become public, but if the vote is not unanimous the board might not want to allow members to state later how they voted or that it was not unanimous. Quote Link to comment Share on other sites More sharing options...
puzzling Posted December 18, 2022 at 08:03 PM Report Share Posted December 18, 2022 at 08:03 PM On 12/18/2022 at 7:26 PM, rulesasker said: If a board makes a decision in executive session, and the action is made public, does the vote in executive session remain secret? In this example, the board will vote to hire someone, so that will become public, but if the vote is not unanimous the board might not want to allow members to state later how they voted or that it was not unanimous. There should be (secret) minutes of the executive session, and the boardmembers can ask that their names as voted against is included in those minutes. Quote Link to comment Share on other sites More sharing options...
rulesasker Posted December 18, 2022 at 08:07 PM Author Report Share Posted December 18, 2022 at 08:07 PM On 12/18/2022 at 2:03 PM, puzzling said: There should be (secret) minutes of the executive session, and the boardmembers can ask that their names as voted against is included in those minutes. I understand that, but can I tell members who vote against that if they shared that fact outside the meeting, that they would be violating the confidentiality of the meeting? Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted December 18, 2022 at 08:31 PM Report Share Posted December 18, 2022 at 08:31 PM On 12/18/2022 at 3:07 PM, rulesasker said: I understand that, but can I tell members who vote against that if they shared that fact outside the meeting, that they would be violating the confidentiality of the meeting? Yes you can. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted December 19, 2022 at 12:21 AM Report Share Posted December 19, 2022 at 12:21 AM On 12/18/2022 at 1:26 PM, rulesasker said: If a board makes a decision in executive session, and the action is made public, does the vote in executive session remain secret? Yes. "The general rule is that anything that occurs in executive session may not be divulged to nonmembers (except any entitled to attend). However, action taken, as distinct from that which was said in debate, may be divulged to the extent—and only to the extent—necessary to carry it out. For example, if during executive session a member is expelled or an officer is removed from office, that fact may be disclosed to the extent described in 63:3. If the assembly wishes to further lift the secrecy of action taken in an executive session, it may adopt a motion to do so, which is a motion to Amend Something Previously Adopted (35). In making or debating such a motion, the members must be careful, if the assembly is not in executive session, to preserve the existing secrecy." RONR (12th ed.) 9:26 On 12/18/2022 at 2:07 PM, rulesasker said: I understand that, but can I tell members who vote against that if they shared that fact outside the meeting, that they would be violating the confidentiality of the meeting? Yes. Quote Link to comment Share on other sites More sharing options...
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