Motions in camera and making minutes retroactively public

[Guest Baby Yoda Grogu]

I was part of an in camera special meeting where significant and controversial motions were passed. Because the meeting was held entirely in camera and all motions and votes happened in camera, should those motions be made public? I'm at a public organization where all open session meeting minutes of the governance bodies are required to be made public. I have now read that a body can move motions in camera only if the motion will only affect people who are privy to the secret proceedings. Is this correct? If the motions carried in this in camera meeting were of consequence to the larger community, are they required to be made public in the way that all other motions carried in regular session meetings are? And what about the minutes? Should they be made public too?

If the answer is no--the motions must stay private--and no--the minutes must stay private, how can these motions and minutes be retroactively made public?

[Atul Kapur]

On 9/12/2023 at 10:41 PM, Guest Baby Yoda Grogu said:

I'm at a public organization where all open session meeting minutes of the governance bodies are required to be made public

It sounds like you are under the jurisdiction of some "open meeting" or "sunshine" law or that your governing documents require open meetings. You will need to check those to determine what your organization is required to do, as they override RONR.

For that reason, RONR does not have answers for your specific questions.

[Gary Novosielski]

On 9/12/2023 at 10:41 PM, Guest Baby Yoda Grogu said:

I was part of an in camera special meeting where significant and controversial motions were passed. Because the meeting was held entirely in camera and all motions and votes happened in camera, should those motions be made public? I'm at a public organization where all open session meeting minutes of the governance bodies are required to be made public. I have now read that a body can move motions in camera only if the motion will only affect people who are privy to the secret proceedings. Is this correct? If the motions carried in this in camera meeting were of consequence to the larger community, are they required to be made public in the way that all other motions carried in regular session meetings are? And what about the minutes? Should they be made public too?

If the answer is no--the motions must stay private--and no--the minutes must stay private, how can these motions and minutes be retroactively made public?

As a public body, your organization will very likely be subject to Sunshine Laws that will determine for what purposes the body may go into executive session (presumably what you call in camera), how the public is informed when this occurs, whether votes can be taken during such meeting segments, and if, when, and how minutes of these segments shall be made public.  These regulations are often significantly more restrictive than the rules in RONR, and should be discussed with your body's legal counsel.

[Josh Martin]

On 9/12/2023 at 9:41 PM, Guest Baby Yoda Grogu said:

I was part of an in camera special meeting where significant and controversial motions were passed. Because the meeting was held entirely in camera and all motions and votes happened in camera, should those motions be made public?

RONR has no such requirement. Under the rules in RONR, the assembly may, but is not required to, choose to make public the motions adopted at a meeting held in executive session.

"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

You say, however, that this is "a public organization where all open session meeting minutes of the governance bodies are required to be made public." You will have to refer to the rules on this matter, whether in your organization's rules or applicable law, to see what they provide on this question. Those rules will take precedence over RONR.

On 9/12/2023 at 9:41 PM, Guest Baby Yoda Grogu said:

I have now read that a body can move motions in camera only if the motion will only affect people who are privy to the secret proceedings. Is this correct?

RONR has no such requirement. So far as RONR is concerned, an assembly is free to conduct such business in executive session as it deems appropriate. RONR places no limitations on the types of business which may be conducted in executive session.

"A meeting enters into executive session only when required by rule or established custom, or upon the adoption of a motion to do so. A motion to go into (or out of) executive session is a question of privilege (19), and is adopted by a majority vote." RONR (12th ed.) 9:24

You say, however, that this is "a public organization where all open session meeting minutes of the governance bodies are required to be made public." You will have to refer to the rules on this matter, whether in your organization's rules or applicable law, to see what they provide on this question. Those rules will take precedence over RONR.

On 9/12/2023 at 9:41 PM, Guest Baby Yoda Grogu said:

If the motions carried in this in camera meeting were of consequence to the larger community, are they required to be made public in the way that all other motions carried in regular session meetings are? And what about the minutes? Should they be made public too?

RONR has no such requirement. Under the rules in RONR, the assembly may, but is not required to, choose to make public the motions adopted at a meeting held in executive session, or the minutes of such a meeting.

"Reading and approval of the minutes of an executive session must take place only in executive session, unless that which would be reported in the minutes is not secret. When the minutes of an executive session must be considered for approval at an executive session held solely for that purpose, the brief minutes of the latter meeting are, or are assumed to be, approved by that meeting. (For additional rules regarding access to minutes and other records, including those kept by boards and committees, that are protected by the secrecy of an executive session, see 47:36 and 49:17–19.)" RONR (12th ed.) 9:26

"Any member has a right to examine these reports and the record book(s) referred to in 47:33(8), including the minutes of an executive session, at a reasonable time and place, but this privilege must not be abused to the annoyance of the secretary. Members are free to share their contents with others, except for any content protected by the secrecy of an executive session that has not been lifted (see 9:26). The same principles apply to records kept by boards and committees, these being accessible to members of the boards or committees (see also 49:17–19). When a committee requires certain records for the proper performance of its duties, the secretary turns them over to the committee chairman—after consulting with the president in any cases where he or she is in doubt. The corporation law of each state frequently provides for the availability of records of any group incorporated in that state." RONR (12th ed.) 47:36

You say, however, that this is "a public organization where all open session meeting minutes of the governance bodies are required to be made public." You will have to refer to the rules on this matter, whether in your organization's rules or applicable law, to see what they provide on this question. Those rules will take precedence over RONR.

On 9/12/2023 at 9:41 PM, Guest Baby Yoda Grogu said:

If the answer is no--the motions must stay private--and no--the minutes must stay private, how can these motions and minutes be retroactively made public?

Under the rules in RONR, the assembly may, but is not required to, choose to make public the motions adopted at a meeting held in executive session, or the minutes of such a meeting.

You say, however, that this is "a public organization where all open session meeting minutes of the governance bodies are required to be made public." You will have to refer to the rules on this matter, whether in your organization's rules or applicable law, to see what they provide on this question. Those rules will take precedence over RONR.

I will say that I am also not entirely certain what you mean by making the motions and minutes "retroactively" public.

Edited September 13, 2023 at 05:35 PM by Josh Martin