Guest Lynn Posted January 27, 2011 at 03:29 AM Report Share Posted January 27, 2011 at 03:29 AM When going into a closed session meeting, the board must start in an open meeting. A member must then make a motion to move into closed session citing an exclusion allowing them to do so. It is seconded and a vote is taken to enter the closed session. When the closed session is concluded a motion is made to adjourn, it is seconded and voted on. The question is: Does the original open meeting need to be officially adjourned as well or does the one adjournment suffice to close the meetings? Link to comment Share on other sites More sharing options...
David A Foulkes Posted January 27, 2011 at 03:40 AM Report Share Posted January 27, 2011 at 03:40 AM I don't believe there is any requirement noted in RONR to return to open session to adjourn, although it seems like you'd need to. If there is a need to return to open session, you would not adjourn the executive (or closed) session, but someone would make a motion to return to open session. I believe it could be more easily handled by unanimous consent though. Stay tuned for more. Link to comment Share on other sites More sharing options...
Larry Cisar Posted January 27, 2011 at 04:12 AM Report Share Posted January 27, 2011 at 04:12 AM When going into a closed session meeting, the board must start in an open meeting. A member must then make a motion to move into closed session citing an exclusion allowing them to do so. It is seconded and a vote is taken to enter the closed session. When the closed session is concluded a motion is made to adjourn, it is seconded and voted on. The question is: Does the original open meeting need to be officially adjourned as well or does the one adjournment suffice to close the meetings?There is no requirement to begin in an open meeting. Many Boards automatically meet in Executive Session. To go out of Executive Session, only a simple motion to do so is needed. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 27, 2011 at 05:49 AM Report Share Posted January 27, 2011 at 05:49 AM There is no requirement to begin in an open meeting. Many Boards automatically meet in Executive Session. To go out of Executive Session, only a simple motion to do so is needed.This board sounds like it has a legal (Sunshine Law) requirement to begin in open session. These laws often require that a motion be adopted in open session to go into executive session, citing the specific reason (from a list of legal reasons). At the end of the executive session, they would adopt a motion to return to open session. Subsequently, they would adopt a motion to adjourn. Link to comment Share on other sites More sharing options...
Josh Martin Posted January 27, 2011 at 07:05 AM Report Share Posted January 27, 2011 at 07:05 AM This board sounds like it has a legal (Sunshine Law) requirement to begin in open session. These laws often require that a motion be adopted in open session to go into executive session, citing the specific reason (from a list of legal reasons). Where do you get that from? I just heard "the board must start in an open meeting." We don't know if that's a law, a rule of the organization, or just a misconception about parliamentary procedure. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 27, 2011 at 07:16 AM Report Share Posted January 27, 2011 at 07:16 AM Where do you get that from? I just heard "the board must start in an open meeting." We don't know if that's a law, a rule of the organization, or just a misconception about parliamentary procedure.I got that from the original post, where the OP stated that it was so, that they must adopt a motion in open session, and that it must state the allowable exclusion(s) being claimed. I did not interpret those as questions; they appear to be background. And they fit exactly the procedure used by groups subject to open public meeting laws.Bit the question concerned the proper way to unpack things back to adjournment. And the best way to do that is to return to open session before adjournment, and then adjourn. Otherwise the minutes of the open session have a call to order, but no adjournment. Also there is no rational basis for keeping the adjournment a secret. Word is sure to get out when the members are seen getting on with their daily lives. Link to comment Share on other sites More sharing options...
Josh Martin Posted January 27, 2011 at 07:24 AM Report Share Posted January 27, 2011 at 07:24 AM I got that from the original post, where the OP stated that it was so, that they must adopt a motion in open session, and that it must state the allowable exclusion(s) being claimed. I did not interpret those as questions; they appear to be background. And they fit exactly the procedure used by groups subject to open public meeting laws.Okay, upon closer reading, I concede that it's certainly a possibility that the board is subject to an open meeting law. All sorts of people mistakenly assume the rules used in public bodies apply to their assembly as well, however, so I wouldn't be too sure of that. Link to comment Share on other sites More sharing options...
David A Foulkes Posted January 27, 2011 at 11:42 AM Report Share Posted January 27, 2011 at 11:42 AM Bit the question concerned the proper way to unpack things back to adjournment. And the best way to do that is to return to open session before adjournment, and then adjourn. Otherwise the minutes of the open session have a call to order, but no adjournment. So, based on the facts provided and absent any other rule stating so, is it your position then that the open session must be returned to and properly adjourned, or is it just a good idea administratively as regards the open session minutes so they accurately reflect that the meeting ended? That really is the nature of the OP's question as I read it. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 27, 2011 at 12:20 PM Report Share Posted January 27, 2011 at 12:20 PM So, based on the facts provided and absent any other rule stating so, is it your position then that the open session must be returned to and properly adjourned, or is it just a good idea administratively as regards the open session minutes so they accurately reflect that the meeting ended? That really is the nature of the OP's question as I read it.I agree.I believe that, while adjourning in executive session is not prohibited, a body that does so will come to find that it has caused itself problems that could have been easily avoided. Link to comment Share on other sites More sharing options...
Guest Lynn Posted January 27, 2011 at 03:38 PM Report Share Posted January 27, 2011 at 03:38 PM Thank you for your responses. We do abide by Open Meeting Laws (Sunshine Laws) so it makes sense that it is best to return to open session before adjournment and then have a motion for adjournment. Again thanks! Link to comment Share on other sites More sharing options...
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