votes in open session

[Guest Jaye]

Re #17 in the Frequently Asked Questions Section -- the answer is that votes can be taken in executive session and thereby are secret. What about a vote concerning approval of a salary increase for an employees and the resulting amendment to the employee's contract? Wouldn't that have to be voted on in open session and become part of the minutes of the meeting at which the vote was taken?

[Kim Goldsworthy]

Re #17 in the Frequently Asked Questions Section -- the answer is that votes can be taken in executive session and thereby are secret.

What about a vote concerning approval of a salary increase for an employees and the resulting amendment to the employee's contract?

Wouldn't that have to be voted on in open session?

No. Not according to Robert's Rules of Order.

No exceptions exist where Issue X is to be re-voted on in open session; or where Issue X cannot be voted on in executive session.

... and become part of the minutes of the meeting at which the vote was taken?

Yes.

Minutes are SUPPOSED to include executive session votes.

There is no difference regarding MINUTES, except after-the-fact APPROVAL of executive session minutes, which is to be considered secret, and thus approved is to be done in another executive session.

But, again, there is no rule in Robert's Rules which implies "You cannot put into minutes the votes held in executive session."

Business is business.

Some business might be secret.

But the secrecy never implies (a.) double voting; (b.) excluding data from minutes.

[hmtcastle]

Re #17 in the Frequently Asked Questions Section -- the answer is that votes can be taken in executive session and thereby are secret.

The word "secret" may be a bit misleading. As Mr. Goldsworthy indicated, any business that can be conducted in so-called "open" session can be conducted in executive session and the form and content of the minutes of each are, essentially, the same. Also the same is that absent members of the body have access to the minutes. And the general membership can order board minutes read at a general membership meeting (though if the board meeting was held in executive session, the general meeting should be also). So it's a "secret" that can be potentially shared by many.

What meeting in executive session does is impose confidentiality on the members and makes them subject to disciplinary action if that confidentiality is broken.

Note, too, that, since discussion doesn't belong in the minutes, any debate on the employee's salary wouldn't be recorded, and if the vote were not a roll-call vote, neither would be how each individual member voted. And if, for example, the vote was to increase the salary by 5%, the actual salary need not be recorded.

[Gary Novosielski]

And if your group is subject to your state's sunshine laws, they will override RONR, and will probably include very narrowly drawn categories of what may and may not be discussed or acted upon in executive session.

So might your bylaws.

But by default, RONR sets no restrictions except those set by the wisdom of the assembly itself.