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Executive Session Overview—How does it work?
Abmardycmunci|/cmrnnmitteemnaymn|yenterintoexecuti*esessimn0orspecificpurpmses(g1OS),
including:
* Matters that could imperil public safety if disclosed.
w Any matter that could disclose the identity of a law enforcement agent/informant.
r Information relating to current or future investigation or prosecution of a criminal offense.
p Discussions involving proposed, pending, or current litigation.
° Collective negotiations under the Taylor Law.
w Medical,financial, credit, or employment history of a particular person/corporation, or matters
leading to appointment, promotion, discipline, dismissal, or removal of person.
• Preparation, grading, or administration of exams.
• Real property acquisition/sa|e/|ease when publicity would substantially affect value.
w Security details related to IT, infrastructure, or safety systems.
Process to Enter Executive Session (§10S):
° Meeting must begin by starting asan open session.
° Motion must be made in open session and must state the specific statutory reason for entering
executive session (simply saying "personnel" or"legal matters" is not sufficient).
° Motion must be seconded and approved by majority vote of the total membership present.
° Only invited individuals (e.g., attorneys, staff, consultants) may remain inside.
Rules During Executive Session (01DS and 01Q6)
° No votes may betaken except for procedural matters (e.0.' motion to adjourn' schedule another
meeting).
° Final policy decisions must be made in public session.
° Minutes must be taken if any action is taken:
n Must record the action, date, and vote (but not confidential discussion).
o |fno action is taken then no minutes are required.
Confidentiality in Executive Session
° Discussions are confidential and members are expected not to disclose what was said outside
the session.
° Treat all executive session discussions as confidential unless the body later votes to release
information.
° Sharing executive session information with press, public, or even colleagues not invited can lead
to the compromising of litigation or negotiations, breach of trust with the board, and legal or
reputationa| harm.
Authority: New York Open Meetings Law(OML), Public Officers Law Article 7. NY Committee on Open Government:
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