Executive Session: Who remains? – June 2011

          When a controversial personnel matter came up, a board of directors voted to go into executive session. The observers and several staff members left the room. The court reporter and the parliamentarian remained.

          Were the court reporter and the parliamentarian, who were not members, entitled to stay?

             What procedure is necessary to allow them to stay?

           Opinion:  The court reporter and the parliamentarian had no more right to be present at an executive session of the board than did other non-members. “Only members, special invitees, and such employees or staff members as the assembly or its rules may determine to be necessary are allowed to remain…” (RONR, page 93, emphasis added).

          Although permission of the board is required for non-members to stay, it is usually assumed that essential persons will remain during an executive session, and that they will honor their obligation not to divulge the proceedings. Ordinarily the parliamentarian is deemed to be indispensable. There could be some doubt about the need for the court reporter. In a sensitive situation the members may not want a record kept or may prefer that a member serve as secretary.

          The motion to go into executive session (sometimes called “closed”, “confidential”, or “secret” session) often includes a provision that specific non-members may remain. If not, the chair may add such a provision with the consent of the assembly. During a controversial meeting, however, it is not unusual for the presiding officer to be cautious about introducing a new issue. If such is the case, the chair may announce that essential personnel will remain and assume approval if no objection is raised.