Executive Session Training

Executive Sessions should be rare
and held for the right reasons

The Open Meeting Law Applies to Public Bodies

Any entity for which a quorum is required to conduct public business and which consists of two or more members, performing a governmental function for the state or for an agency or department thereof,

… or committee or subcommittee or other similar body consisting of members of such public body

or an entity created or appointed to perform a necessary function in the decision-making process…

Bodies which have only advisory or recommendation power are not typically subject to the Open Meetings Law.

8 Reasons When An Executive Session Is Allowed

(Public Officers Law Section 105)

a. matters which will imperil the public safety if disclosed;

b. any matter which may disclose the identity of a law enforcement agent or informer;

c. information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed;

d. discussions regarding proposed, pending, or current litigation;

e. collective negotiations pursuant to article fourteen of the civil service law;

f. 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;

g. the preparation, grading or administration of examinations; and

h. 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.

Rules for executive sessions

Should not be scheduled in advance
Motion for an Executive Session must occur in public with a specific reason stated
Simply stating to discuss “Litigation” is insufficient
Simply stating to discuss a “personnel matter” is insufficient
Simply stating to discuss “Collective Bargaining Negotiations” is insufficient

An Executive Session Motion Stating:

“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;”

Is Improper

No action by formal vote shall be taken

to appropriate public moneys

during an Executive Session

Executive Session Minutes

Minutes shall be taken at executive sessions of any action that is taken by formal vote which shall consist of a record or summary of the final determination of such action, and the date and vote thereon;

provided, however, that such summary need not include any matter which is not required to be made public by the freedom of information law

Executive Session Meeting Minutes should be posted online

within one week of the meeting

Two Big Loopholes

Political Party Caucus Meetings

Getting Legal Advice