LibGuides: Trustee Toolkit: Open Meetings Law: Executive Session FAQs

Executive Session

Executive session refers to a portion of the open meeting from which the public and the news media may be excluded. It can only be convened for a limited number of specific purposes. Those which usually apply to libraries are:

Discussions regarding proposed, pending or current litigation;
Collective bargaining negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law);
The medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation;
The proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof.

Using executive sessions to discuss matters not defined within the law, even if the topic is “uncomfortable” to discuss publicly, is illegal.

Sample Motion

Executive session is part of the regular Board meeting and is listed on your agenda. It is not a separate meeting.

Someone from the Board moves to enter executive session. The Board then votes to enter executive session and must specifically state the topic of conversation for the session.

You must also move to exit executive session.

Executive Session FAQs

Q: Do we need to place executive session on the meeting agenda?

Answer:

Yes, executive session and the reason must be noted on the meeting's agenda. See the sample agenda on p. 48 in the Trustee Handbook.

Q: How do we enter executive session?

Answer:

Executive session is convened only as part of a public board meeting. It is not a separate meeting. The Board must vote to enter executive session and specifically state the topic of conversation for the session for its minutes. The Board must also vote to exit executive session.

Q: Do we take minutes of the executive session portion of the meeting?

Answer:

Minutes of executive sessions are required only if the Board takes formal action (i.e. votes) in the session.

Q: Who can attend an executive session?

Answer:

All members of the Board can attend. (Unless a board member is the subject of the discussion.) The Board may also invite advisors to join them such as FLLS staff or the library's lawyer. The Library Director should also be part of an executive session unless the Board is discussing a personnel matter related to that person.

Q: Can we vote in executive session?

Answer:

The Board can take formal action and vote on any matter in the executive session except for the appropriation of public funds. Any actions must be detailed in the minutes of the executive session.