What is an executive session in a meeting?

The short answer

An executive session is a part of a meeting held in private. Boards use it for sensitive subjects, such as a lawsuit or a personnel matter. Who may stay depends on your bylaws, any law that covers you and the body's own decision.

Several sets of rules can apply. A private organization follows its bylaws, any state law that covers it, and Robert's Rules if it has adopted them. A public body must also follow its open-meetings law.

What Robert's Rules says

The official Robert's Rules site says votes can be taken in executive session. The proceedings are secret, but they aren't restricted in any other way.

So secrecy is the point. Treat what happens in the session as confidential once it ends, even if the topic seems harmless.

Why public bodies have less freedom

Open-meetings laws can limit when a public body may close a meeting, and they can require steps in public first. These statutes show how, and the details vary, so check the law that covers your body.

Law	What it requires
Federal Government in the Sunshine Act, 5 U.S.C. § 552b	Covered agencies may close a meeting only under listed exemptions. A majority of the entire membership must vote for it.
Same Act, on the record	Closed meetings need a transcript, recording or, in some cases, minutes. The agency's general counsel or chief legal officer certifies that the meeting may be closed.
Washington, RCW 42.30.110	Before closing, the presiding officer publicly announces the purpose and the time the session will end.
Washington, RCW 42.30.060	An ordinance, resolution, rule, regulation, order or directive can be adopted only in an open meeting.

Example: entering and leaving a session

This is our suggestion for a private nonprofit board, not a rule from any source. Follow your own bylaws, and ask your counsel when a law may apply.

Chair: "The next item concerns a legal claim. Is there a motion to go into executive session?"
A member moves, another seconds, and the board votes.
Anyone the board hasn't asked to stay leaves, and any recording stops.
The board discusses the item and takes any vote it needs.
The board returns to open session. The regular minutes note the executive session, and any vote goes in separate confidential minutes.

What to do about recordings and AI notes

Treat any notetaker as a person in the room. Stop it before the session begins, unless a law or your counsel requires a record. A Sunshine Act agency is one such case, since it must keep a transcript, recording or minutes.

For an in-person recording in Bridge, end it from the capture controls when the session starts, and start a new one afterwards. In a meeting hosted on Bridge, the host can turn off Record, Transcribe and Take notes.

For a captured call, we suggest holding the session as a separate meeting. Check Agent Auto-Join and Desktop App Auto-Record in Preferences first, since they can capture it anyway.

If Recap Auto-Sharing is on, ending the first recording can send out its recap. Check that setting too.

Sources & further reading

Keep readingLocal government meetings: notice, public access and minutes →