Point of Order for a violation that happened in an Executive Session

[Tomm]

Supposing there was a violation by the board when calling a special session that was held in executive session. The type of violation would constitute a continuing breach.

How do you call a point of order for a continuing breach? The breach may have consisted of failing to include all the members of the board in the call of the meeting. 

It doesn't seem appropriate to call a point of order during the next regular board meeting because the issue discussed in that executive session can't be revealed! 

[Gary Novosielski]

You move to go into executive session for the purpose of making a point of order regarding a continuing breach initiated in executive session.

But I don't think that in this case the breach actually did occur in executive session, since the call was not sent or drafted in executive session.  Furthermore I do not believe that raising a point of order about the nature of the breach would expose anything that occurred during the meeting.

[Josh Martin]

On 5/25/2023 at 3:58 PM, Tomm said:

How do you call a point of order for a continuing breach? The breach may have consisted of failing to include all the members of the board in the call of the meeting. 

By raising a Point of Order regarding the matter, followed by an Appeal if necessary.

On 5/25/2023 at 3:58 PM, Tomm said:

It doesn't seem appropriate to call a point of order during the next regular board meeting because the issue discussed in that executive session can't be revealed! 

The board is free to enter executive session to discuss this matter if that is believed to be appropriate.

On 5/25/2023 at 4:03 PM, Gary Novosielski said:

You move to go into executive session for the purpose of making a point of order regarding a continuing breach initiated in executive session.

But I don't think that in this case the breach actually did occur in executive session, since the call was not sent or drafted in executive session.  Furthermore I do not believe that raising a point of order about the nature of the breach would expose anything that occurred during the meeting.

Yes, I believe that it is theoretically correct that a Point of Order concerning a lack of notice could be raised without disclosing any matters occurring in executive session, but in practice, I would not be surprised if members slip up during debate on the Appeal. It may well be advisable to enter executive session for this matter.

[J. J.]

On 5/25/2023 at 5:03 PM, Gary Novosielski said:

You move to go into executive session for the purpose of making a point of order regarding a continuing breach initiated in executive session.

But I don't think that in this case the breach actually did occur in executive session, since the call was not sent or drafted in executive session.  Furthermore I do not believe that raising a point of order about the nature of the breach would expose anything that occurred during the meeting.

I will disagree on the need to go into executive session.

For example, an act requiring notice was taken in executive session, but inadequate notice was given.  A member could raise a point of order, "That the action taken in the executive session of 4/12/23 was void due to lack of notice."  If there was only one item considered in that executive session, the chair the chair may rule on that. 

It is only if there needed to be greater specificity would executive session need to be invoked.  

[Gary Novosielski]

On 5/26/2023 at 8:21 AM, J. J. said:

I will disagree on the need to go into executive session.

I think that's what I said.

[J. J.]

On 5/26/2023 at 10:23 AM, Gary Novosielski said:

I think that's what I said.

You started with "You move to into executive session."  That would not be necessary, generally. 

[Gary Novosielski]

On 5/26/2023 at 1:23 PM, J. J. said:

You started with "You move to into executive session."  That would not be necessary, generally. 

That was intended to answer to the question of how it would be handled, presuming, as the OP appeared to, that secrecy was a problem.

But in this instance, count me among those who believe that it is not necessary in this case, based on the facts as described.