Devin read the statutory basis for executive session and moved that the committee convene behind closed doors to discuss pending or probable civil litigation under 1 V.S.A. §313(a)(1)(E). He specifically requested that Mary Kay be included in the executive session. The motion received a second and the committee voted in favor to enter executive session; the public recording was turned off.

No substantive details of the litigation were provided in the public meeting record. The committee followed the statutory procedure to move into executive session and suspended recording before leaving open session.