Executive Meeting

While we wait to learn why there was a special meeting called so that the present board could have one more executive (closed) meeting before the new board was "sworn in" I am posting the legal status in New Jersey for such meetings. There is no reference in Roger's 0r Sturgis specifically referring to "executive sessions", but the rules for holding such meetings may be part of the organizations by-laws.

The New Jersey Sunshine laws state:
"CLOSED SESSIONS: Closed or “executive” sessions may be held without public notice, or during the course of a public meeting, provided that the subject matter is covered by one or more of the following legal exemptions:
o Matters made confidential by state, federal law or rule by court.
o Disclosure would result in an unwarranted invasion of individual privacy, unless the person affected consents in writing.
o Disclosure would impair the body's right to receive federal or state funds.
o Collective bargaining.
o Lease or acquisition of property, setting of banking rates, investment of public funds if disclosure would harm the public interest.
o Investigations into violations of law.
o Strategies to protect public security.
o Pending, ongoing or anticipated litigation or contract negotiation, including attorney-client privilege. The threat of litigation must be more than theoretical for this exemption to apply.
o Personnel matters affecting employees of the public bodies, unless all parties request or consent to a public hearing. Prior to discussion of personnel, affected employees must be given notice, known as a Rice notice, which gives the employee the right to request a public hearing.
o Proceedings that could result in a suspension, civil penalty, or loss of a license or permit.
• Closed sessions are limited to discussion; all formal actions must be made in the open, regardless of subject matter.
• Prior to any closed session, the body must adopt a resolution stating the general nature of the subject to be discussed and the time when the discussion can be disclosed. The precise nature of the matter discussed may be withheld until the need for the closed session has passed.
• MINUTES: Minutes must be kept of closed sessions. The minutes should start with a statement of the time, place and manner of notice, or in the case of an emergency meeting, a statement sufficient to satisfy the emergency meeting notice requirements. Minutes should show, at a minimum, the names of the members present, individual votes of each member, subjects considered and actions taken. Minutes must be promptly made available once the necessity of the closed session has passed."

An interpretation is as follows:
Usually boards only go into executive session to discuss a matter and not take action. All minutes of executive session can only be approved in executive session. Since minutes state actions adopted rather than discussion, only those actions approved in executive session are recorded in those minutes.

Let's say a school board is deciding whether to renew the contract of the superintendent. A member of the school board has received some information that he feels will affect the decision. But this information should not be made known to the public. The member of the board would move to go into executive session. If adopted, the chair would state that the meeting is now in executive session. The chair would either ask everyone to leave or they might retreat into another room in the building with only the board members present and anyone else that they feel needs to be there-like the attorney or the board secretary. At this time the member would reveal the information. The board would discuss it only. Someone moves to end the executive session. If that is adopted by a majority vote, then the board returns to the open meeting and proceeds either with discussion or with a vote. Everyone in the executive meeting is sworn to secrecy. If any of the information is divulge it could open the board to a lawsuit by the superintendent. The member who leaked the information could also be removed from office or perhaps sued.

The purpose of executive session in governmental bodies is not to hide important information from the members or the public, but to protect the innocent. In this case the information given about the superintendent may be false. It would be very harmful to the superintendent to have his good named smeared by these falsehoods if made public. It would also expose the board to criticism and possible legal action for spreading falsehoods.

Those serving on governing bodies should use executive session judiciously and wisely. It should never give the appearance of doing something behind the backs of the constituents or the members. Executive Session and Open Meeting Laws. Robert McConnell. Parliamentary Internet Newsletter. Volume 9, Issue 1. 2003. English.

It should be anticipated that any action resulting from discussion at the executive session will be on the business meeting agenda for a vote.