Any time a public board requires closed conversation in Executive Session, the board chair should see a yellow light: neither ''Stop!'' nor ''Go!'' but ''Slow down!'' Perceived secrecy now threatens a fragile trust. The chairman must be deliberate about how he handles the documents surrounding the Executive Session. While nobody outside the Executive Session will see the agenda or the minutes of the closed meeting, such materials are discoverable in litigation. There might not be an agenda for the closed meeting if it is called in the moment of the open meeting, but it's a good idea to have one for pre-announced closed meetings - especially if more than one item will be discussed or a resolution needs to be adopted during or after the meeting. The agenda for a closed meeting includes six features not present in an agenda for an open meeting.
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Timeframe Relative to Open Meeting
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Justification
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Eligible Attendees
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Careful List of Topics Without Details
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Reminders of Confidentiality
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Instructions to Return Materials
Conclusion
These six elements of closed session agendas satisfy the higher standard of care that they require. Specificity and clarity must set a conscientious tone for attendees, creating no doubt that the meeting is legally warranted and that a limited range of topics will be considered. Executive Sessions should not arouse suspicion of backroom deals in smoke-filled rooms. The paper trail must make their professionalism abundantly clear.Media Highlights
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