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General counsel outlines limits on executive session under FOIA; personnel, drafts and bargaining may be discussed
Summary
Committee counsel reviewed which topics may be discussed in executive session under the Freedom of Information Act, including personnel evaluations, draft documents and collective bargaining strategy, and clarified attendance rules for ex officio members and faculty representatives.
Karen, the committee’s general counsel, reviewed statutory limits and best practices for executive sessions under the Freedom of Information Act (FOIA), explaining which categories of discussion the committee may hold behind closed doors and the statutory constraints on such sessions.
Karen said executive session may be used for matters the law exempts from public disclosure where the need for confidentiality outweighs the public’s right to know. Examples she gave included personnel-evaluation records that are not public without the subject’s written approval, early draft documents when deliberative confidentiality is needed, and strategy or negotiations tied to collective bargaining. She reiterated that executive sessions cannot be used to take formal action — votes or consensus decisions must occur in open session after exiting executive session.
Karen also described attendance rules: attendees at an executive session should be limited to people whose presence is necessary for the discussion and must be listed as present. She explained that ex officio members (other than the two faculty-affairs ex officio members) are treated as members of the body and may attend executive session; the two faculty-affairs ex officio members are not automatically included and must be specifically invited.
Committee members asked clarifying questions, including whether labor negotiations were covered (they are) and how to treat drafts. Karen answered that the committee can discuss draft bylaws or reorganization plans in executive session where confidentiality is justified, but any formal action on those drafts must be taken in open session. She said real estate, confidential financial information, and other statutorily exempt matters may also qualify for executive session when permitted by law.
Karen recommended that the committee identify in advance which agenda items may require executive session and limit attendance accordingly.
