verbiage for a motion

[Guest library gal]

I need to make a motion to purchase real estate. The motion needs to be make in an open meeting but we aren't ready to talk about our deal in public. How do I refer to the property in the motion without revealing it to the public?

[Joshua Katz]

I don't see that you can. Your organization (or an applicable law) has apparently chosen to require such motions to be made in open session, precisely so that you cannot keep the details secret.

[Gary Novosielski]

On 12/17/2023 at 4:13 PM, Guest library gal said:

I need to make a motion to purchase real estate. The motion needs to be make in an open meeting but we aren't ready to talk about our deal in public. How do I refer to the property in the motion without revealing it to the public?

Why does the motion need to be made in public?   This is just the sort of thing that is usually considered in executive session.  What rule is getting in the way?

[J. J.]

You might consider purchasing an option on the property.   Not procedural advice, but you might ask an attorney. 

Edited December 17, 2023 at 09:45 PM by J. J.

[Guest library gal]

On 12/17/2023 at 4:42 PM, Gary Novosielski said:

Why does the motion need to be made in public?   This is just the sort of thing that is usually considered in executive session.  What rule is getting in the way?

Hmm, our attorney reads Roberts Rules to say that we can debate in closed sessions but motions must be passed in open sessions? Is this wrong?

[Atul Kapur]

Robert's Rules says no such thing. Ask the attorney to show you where it says that and, please, come back and share the citation.

Is your organization subject to an "open meeting" law (aka "sunshine" law)? Many of those say such a thing. 

[Joshua Katz]

On 12/17/2023 at 5:36 PM, Guest library gal said:

Hmm, our attorney reads Roberts Rules to say that we can debate in closed sessions but motions must be passed in open sessions? Is this wrong?

It is wrong IF it's only a claim about RONR. But there may be relevant laws.

[Gary Novosielski]

On 12/17/2023 at 5:36 PM, Guest library gal said:

Hmm, our attorney reads Roberts Rules to say that we can debate in closed sessions but motions must be passed in open sessions? Is this wrong?

That is not what RONR says.  But if you are a public body, your attorney might actually be referring to your state's Sunshine Laws, which often contain such a provision.  Was the answer specifically about real estate transactions? If that's the case, then he's probably right that you can debate the matter in executive session, but there may be some finesse required to determine if any motions are valid in exec. Often the answer depends on case law, which can interpret statues in ways that the legislature, in their finite wisdom, did not predict.  But there is a public interest in allowing public bodies to keep purchase plans secret to avoid having to overpay due to speculation if the plans were prematurely made public.

I am not a lawyer and this is not legal advice, but you might ask your lawyer how much latitude you have to discuss possible bidding strategies, intelligence gathering, and the like in private.  Can you refer things to an investigative committee in private? Can committees meet in executive session?  Report in exec?  Does the fact that a committee contains fewer than a quorum of the parent body matter?  Can the rule against straw polls be suspended in exec, or can informal discussion occur so that it is fairly well known how the public vote will go?

It can be a complex matter, and might require additional research.

[Josh Martin]

On 12/17/2023 at 3:13 PM, Guest library gal said:

I need to make a motion to purchase real estate. The motion needs to be make in an open meeting but we aren't ready to talk about our deal in public. How do I refer to the property in the motion without revealing it to the public?

So far as RONR is concerned, the answer to this question is to simply adopt the motion in executive session.

If the organization is bound by applicable law which would prohibit adopting the motion in executive session, then I would ask your attorney what his advice is on this matter.

On 12/17/2023 at 4:36 PM, Guest library gal said:

Hmm, our attorney reads Roberts Rules to say that we can debate in closed sessions but motions must be passed in open sessions? Is this wrong?

Robert's Rules of Order says no such thing. So far as RONR is concerned, an organization is free to conduct any business it wishes in executive session, including adopting motions.

Many public bodies, homeowners associations, and the like, however, are subject to their state's "Open Meeting Law" or "Sunshine Law." Such laws will often include (among other things) a provision similar to what your attorney suggests.

[Richard Brown]

On 12/17/2023 at 3:13 PM, Guest library gal said:

I need to make a motion to purchase real estate. The motion needs to be make in an open meeting but we aren't ready to talk about our deal in public. How do I refer to the property in the motion without revealing it to the public?

I would think you can make a motion to “go into executive session to discuss the possible purchase of real estate.” In fact, if the Rules in RONR are controlling (which may or may not be the case), you do not even need to provide a reason for going into executive session.

You might look at §19:16 in RONR (12th Ed.). 

[Rob Elsman]

Assuming that there isn't a conflict with some kind of open meeting law, the form of the motion can be as simple as, "I move that the assembly go into executive session". During debate, the mover can cautiously explain that there is a sensitive matter that is not ready to be made public, so the consideration of it needs to be done in secret for the time being.