Quest Posted October 26, 2023 at 12:41 AM Report Share Posted October 26, 2023 at 12:41 AM Our chair did not take a vote to enter executive session. He just stated we are now going into executive session. Did concensus + no challenge equal a vote? Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted October 26, 2023 at 01:26 AM Report Share Posted October 26, 2023 at 01:26 AM If no one objected at the time, it sounds like the assumed motion to go into executive session was adopted by unanimous consent. See RONR (12th ed.) 4:58 - 4:59, particularly the opening phrase " In cases where there seems to be no opposition in routine business ..." Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted October 26, 2023 at 03:04 AM Report Share Posted October 26, 2023 at 03:04 AM Since a motion to go into executive session is regularly a debatable main motion (which can be admitted as a question of privilege affecting the rights and privileges of the assembly), it does not seem to me to be appropriate to handle the matter by just announcing an executive session on the chair's own volition. There are just too many steps missing for the proper handling of a matter that importantly affects the rights and privileges of the assembly. The assembly gets to debate and decide the question. So, no; this is not a circumstance where the necessary motion is obvious and can be assumed by the chair. And, outside the context of a small board, the chair should refrain from actions during the meeting that might give the appearance of partiality or partisanship. Quote Link to comment Share on other sites More sharing options...
Quest Posted October 26, 2023 at 10:59 AM Author Report Share Posted October 26, 2023 at 10:59 AM Thank you. Quote Link to comment Share on other sites More sharing options...
Quest Posted October 26, 2023 at 12:26 PM Author Report Share Posted October 26, 2023 at 12:26 PM This may need a new thread. Just let me know. Howu is noncontested consensus recorded in minutes? Or should it simply be presumed? Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted October 26, 2023 at 12:49 PM Report Share Posted October 26, 2023 at 12:49 PM One way to do it is to record: "Without objection, the assembly moved into executive session." Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted October 26, 2023 at 04:07 PM Report Share Posted October 26, 2023 at 04:07 PM On 10/25/2023 at 7:41 PM, Quest said: Our chair did not take a vote to enter executive session. He just stated we are now going into executive session. Did concensus + no challenge equal a vote? While the end result may be the same, I concur with Mr. Elsman that what occurred was not a proper request for unanimous consent. To the extent that an assumed motion was proper (which is not clear from the limited facts), the chair should have at least asked if there was any objection or, at a minimum, prefaced his remarks with "Without objection," so it's clear this is a request for unanimous consent, not a decree by the chair. I don't think it changes anything for what already happened, but the chair should do a better job of making unanimous consent requests clearer in the future. Quote Link to comment Share on other sites More sharing options...
Recommended Posts