Closed Executive Session Procedures

  1. Open regular meeting first.

  2. Formal motion for one of three reasons, naming people allowed in meeting and time and place meeting will convene.

    • Non-elected personnel matters, e.g., about specific staff, applicants, or patrons, not personnel policy: Example motion: “I move we recess into executive session to discuss personnel matters of non-elected personnel in order to protect the privacy interest of the individual(s) to be discussed, with [names of person(s)] present in addition to the board, and that we will reconvene the open meeting in this room at [specify time].”

    • Consulting an attorney: Example motion: “I move we recess into executive session for consultation with our attorney, [name of attorney], on a matter protected by the attorney-client privilege in order to protect the privilege and the board’s position in [specify litigation, potential litigation, etc.] and that we will reconvene the open meeting in this room at [specify time].”

    • Preliminary discussion of acquiring (not selling) real property: Example motion: “I move we recess into executive session to have preliminary discussions about the acquisition of real property in order to protect the public interest in obtaining property at a fair price, and that we will reconvene the open meeting in this room at [specify time].”

    • Motion is seconded and carried.

  3. In executive session:

    • Only discuss subject stated in motion.

    • Take no binding action.

    • Reconvene at stated time. If executive session needs to continue, reconvene meeting and make new motion to return to executive session. 

  4. When group returns to open meeting, motions can be made and actions taken. If no action is to be taken, the President should state, “No action will be taken from executive session.” 

  5. The minutes of the open meeting must record:

    • Times executive sessions started and ended and open meeting reconvened.

    • List anyone dismissed from executive session before session ended.

    • Actions taken from executive session or statement that no action was taken.

Source: "A Guide to Conducting Executive Sessions" by State Conservation Commission, March 2008 at http://tinyurl.com/awdhdsu

See also Kansas laws about meetings