Do executive session minutes need to be distributed to the members along with the regular board meeting minutes?
Pursuant to Civil Code Section 1363.05, a Board of Directors is required to adjourn a regular meeting to go into an executive session. As executive session meetings are limited to discussions on litigation, contract formation, member discipline and personnel matters, these are matters that are confidential, and the matters addressed at those meetings should, for the most part, remain confidential. Subsection (c) of Civil Code Section 1363.05 requires that “any matter discussed in executive session shall be generally noted in the minutes of the Board of Directors’ meeting.” While the Board should keep minutes of the executive session meetings, they should not be made available to the general membership. They should be maintained separately, and the information contained in those minutes should remain confidential.
Related Questions
- If a more specific statute requires open meetings and has no provision for executive sessions, is the executive session provision of the Open Meeting Law still applicable?
- Do executive session minutes need to be distributed to the members along with the regular board meeting minutes?
- Can the Board have an executive session at any time other than the official meeting?
