In camera

[Guest Kathy]

Is the appropriate procedure to include in camera agenda items on a public agenda and always predetermined. Or is it acceptable to call an in camera session, then have the disclosure of agenda items fot discussion?

[Kim Goldsworthy]

Is the appropriate procedure to include in camera agenda items on a public agenda and always predetermined?

Or is it acceptable to call an in camera session, then have the disclosure of agenda items for discussion?

Note: "In camera session" is also known inside The Book as "executive session" or "closed session", or "secret session," with the preferred term being "executive session."

If Robert's Rules of Order applies, and if there is no other superior confounding rule, then a body is free to meet 100% of the time in executive session.

Under this system, there is never a need to make a motion to go into executive session, nor leave executive session, since the assembly always is in executive session, by custom or by rule.

Otherwise, a motion will be necessary.

The typical process is that the chair would announce the next item of business.

Then, a member would make a motion that the assembly go into executive session, without (necessarily) giving any detail as to "why" or "how long". - It should be obvious, under most circumstances "why," and the question of "how long" is usually assume to be "as long as this sensitive topic is immediately pending."

After the sensitive topic is disposed of, then a motion is made to exit executive session.

The chairman can handle the entering and the exiting of executive session by general consent. - Again, it should be obvious "why".

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If it isn't obvious "why", the I suppose the chair may ask the member for what purpose the member wishes the assembly to go into executive session, so that the issue of whether it is a good idea or not may be decided by majority vote, instead of the chair using general consent to quickly decide the matter.

You know, what is sensitive to one member may be old hat to another member.

What some find embarrassing might be a source of pride for others.

So there is no guarantee that everyone will know the purpose of going into executive session for a given topic.

[Gary Novosielski]

Is the appropriate procedure to include in camera agenda items on a public agenda and always predetermined. Or is it acceptable to call an in camera session, then have the disclosure of agenda items fo[r] discussion?

If your use of the term "public" agenda means that you are a public body, your state's Sunshine Laws will severely restrict the use of Executive Session, and the methods used to invoke it.

We can't advise you on them, but you should be aware of them. Public bodies should consult their attorney for details, as this is one of the easiest ways officials can get themselves in hot water.

[Josh Martin]

Is the appropriate procedure to include in camera agenda items on a public agenda and always predetermined. Or is it acceptable to call an in camera session, then have the disclosure of agenda items fot discussion?

Nothing in RONR requires that anything about executive session ever be disclosed. As noted, "Sunshine Laws" or "Open Meeting Laws" often provide otherwise for public bodies. If this is a concern, you should consult a lawyer or the office of your state's Secretary of State.