executive session

[Guest Kevin]

When going to executive session, can a person have a witness with them?

[Rob Elsman]

Are we talking about a trial? If so, yes. And defendant's counsel is also allowed in.

If not a trial, I think we need more explanation.

[Josh Martin]

On 5/7/2024 at 2:45 PM, Rob Elsman said:

Are we talking about a trial? If so, yes. And defendant's counsel is also allowed in.

Well, to be more specific, nonmember witnesses are permitted only while testifying, and nonmember counsel is technically only permitted if such permission is granted by the assembly.

"The trial is a formal hearing on the validity of the charges. At the trial, the evidence against the accused officer or member is presented by the managers for the society, and the officer or member has the right to be represented by counsel and to speak and produce witnesses in his own defense. If the charges are found to be true, a penalty may be imposed or recommended; but if the charges are not substantiated, the officer or member is exonerated and any authority, rights, duties, and privileges of office or membership that had been suspended are automatically restored. The managers, as previously stated, must be members of the society. Defense counsel can be attorney(s) or not, but must be member(s) of the society unless the trial body (that is, the assembly or the trial committee as the case may be) by vote agrees to permit attorney(s) who are not member(s) to act in this capacity. Nonmembers who consent to testify can be brought in as witnesses at the trial, but such a witness is allowed in the room only while testifying." RONR (12th ed.) 63:30

On 5/7/2024 at 1:56 PM, Guest Kevin said:

When going to executive session, can a person have a witness with them?

To the extent you are referring to a "witness" to give testimony in a disciplinary trial, see above.

Otherwise, only members of the assembly may be present, unless the assembly permits other persons to be present, by majority vote.

"Whenever a meeting is being held in executive session, only members of the body that is meeting, special invitees, and such employees or staff members as the body or its rules may determine to be necessary are allowed to remain in the hall. Thus, in the case of a board or committee meeting being held in executive session, all persons—whether or not they are members of the organization—who are not members of the board or committee (and who are not otherwise specifically invited or entitled to attend) are excluded from the meeting. When it is desired to similarly restrict attendance at a particular meeting without imposing any obligation of secrecy (or to remove a previously imposed restriction on attendance), this may also be done by majority vote (see also 61:6–7)." RONR (12th ed.) 9:25

[Rob Elsman]

I think the question has more to do with executive session that the qualifications of counsel (or witnesses, for that matter).  The answer is still that neither the admission of witnesses or counsel violates the rules concerning executive session.  It is hard for me to see how a fair trial could be held, were it otherwise.