executive-session-checklist

Executive Session Checklist

Purpose: Test a proposed closed session against open-meetings law. Closed sessions are an exception to a presumption of openness; grounds are narrow, procedures are strict, and states differ (list of permitted topics, whether a vote is required, who may attend, and whether recordings or minutes are mandatory). Verify your own statute. Use executive-session-script.md.

Required inputs

• Topic and what the body hopes to accomplish
• Statute and city rule listing permitted grounds
• Who would attend (attorney, manager, outside counsel, labor negotiator, others)
• Agenda language and posting date

Workflow

1. Match a specific statutory ground. Commonly recognized (verify): consultation with the attorney on pending or threatened litigation or privileged legal advice; real property acquisition or sale price negotiation; labor negotiations strategy; specific personnel matters (appointment, discipline, evaluation of an individual); security matters; certain licensing or confidential-by-law matters. "Sensitive" or "politically awkward" is not a ground.
2. Narrow the scope. Discuss only what the ground allows. General policy, budget, and public-interest questions belong in open session even if they relate to the matter.
3. Notice and agenda: describe the ground with the specificity your law requires (some require the statutory citation and the identity of the negotiators or the case caption).
4. Open-session motion: convene publicly, state the ground in open session, vote if required, and announce expected duration and whether the body will reconvene.
5. Attendance: only people necessary; the attorney should attend when relying on attorney-client privilege. Non-members, staff, and consultants who are not part of the privilege can waive it.
6. Conduct: no final action unless the statute allows (most states require final votes in public); no side topics; no recording leaks; note who attended.
7. Documentation: minutes or a confidential record, per statute; sealed record rules; certification by the presiding officer or attorney that the session complied.
8. Reconvene: report out as required (e.g., "direction given" without disclosing privileged content) and take any vote publicly.
9. Confidentiality: members' duty not to disclose, penalties, and the process if a leak occurs.

Output structure

• Ground-fit table: ground | statute (to be verified) | supporting facts | fit (Yes/No/Unsure)
• Agenda language and the open-session motion
• Attendee list with role and privilege note
• Post-session reporting plan

Red flags / escalate to the city attorney

• Real property or personnel topics expanded into public-policy discussion
• Elected official wants non-attorney advisors present
• Final action, straw votes, or consensus-gathering in closed session
• Prior challenge or complaint about closed sessions

Common mistakes

• Citing a ground in the agenda that does not match the discussion
• Not recording the motion and statutory citation in open session
• Taking a vote because "everyone agrees"

Not legal advice.