Reasons typically include some level of personnel deliberation, setting strategies for bargaining or litigation, abatements and exemptions. One could rightly suspect foul play if the agenda of a closed meeting stated that it was to be held 'in the week before the city council meeting.'Įvery state limits the reasons a closed meeting can be called, and they differ. A vague reference would not do the trick. Avoiding the suspicion of such spontaneous or elite meetings requires explicit clarification of the legal place and time that the closed session actually was held. ![]() Such secretive gatherings are illegal in every state. ![]() Such specificity protects the board from accusations of spurious meetings that violate the Open Meetings Law ' such as an ad hoc meeting held upon realizing that a majority of the board are present at a dinner party. meeting of the full city council.' When an Executive Session is scheduled around a regular meeting, the agenda of the open meeting should also indicate the planned time for the board to break into Executive Session. The agenda for the Executive Session should indicate which is the case ' e.g., '5:00 p.m., prior to 6:00 p.m. Some, such as North Dakota, require Executive Sessions to be held immediately following an open meeting. Is the Executive Session being held immediately prior to an open meeting? Is it being held after the open meeting concludes? Or is it being held in the middle of the open meeting? Some states allow it to be held on a different day altogether. The agenda for a closed meeting includes six features not present in an agenda for an open meeting. There might not be an agenda for the closed meeting if it is called in the moment of the open meeting, but it's a good idea to have one for pre-announced closed meetings ' especially if more than one item will be discussed or a resolution needs to be adopted during or after the meeting. While nobody outside the Executive Session will see the agenda or the minutes of the closed meeting, such materials are discoverable in litigation. ![]() The chairman must be deliberate about how he handles the documents surrounding the Executive Session. Any time a public board requires closed conversation in Executive Session, the board chair should see a yellow light: neither 'Stop!' nor 'Go!' but 'Slow down!' Perceived secrecy now threatens a fragile trust.
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