Advisory Boards & Executive Sessions

Training for: Legal Notes

Question: Can a municipal advisory board go into executive session?

Answer: Yes, provided of course that the purpose of the discussion is a permissible one under the law and that the board complies with the procedural protocols.

Nothing in Maine’s Freedom of Access Act (FOAA) or “Right to Know” law limits the prerogative to go into executive session to boards with final decision-making authority only. A purely advisory board, such as a budget committee, a comprehensive planning committee or a municipal charter commission, may also exercise the right to a closed-door discussion, again as long as it’s for a lawful purpose and the statutory procedures are followed.

To refresh, the FOAA authorizes executive sessions for (1) personnel matters, (2) suspension or expulsion of school students, (3) purchase or sale of real estate or economic development, (4) collective bargaining negotiations, (5) attorney-client consultations, (6) confidential records, (7) examination records and (8) code enforcement officer consultations. For details, see 1 M.R.S.A. § 405(6).

Also, for executive sessions the FOAA requires a motion specifying the precise nature of the business to be discussed and citing the statute that permits it, as well as a public, recorded 3/5 vote. Final approval of ordinances, orders, contracts, appointments or any other official action is prohibited in executive session, as is discussion of any business not identified in the motion. For details, see 1 M.R.S.A. § 405(1)-(5).

For the record we note that just as municipal advisory boards may use executive sessions, they are also subject to the “open meeting” requirements of the FOAA, including public notice of all meetings and the public’s right to attend and record all meetings other than executive sessions (see 1 M.R.S.A. §§ 406, 403).

For much more on Maine’s Right to Know law, see MMA’s “Information Packet” by that title, available free to members at www.memun.org. (By R.P.F.) n

Question: Can a municipal advisory board go into executive session?

Answer: Yes, provided of course that the purpose of the discussion is a permissible one under the law and that the board complies with the procedural protocols.

Nothing in Maine’s Freedom of Access Act (FOAA) or “Right to Know” law limits the prerogative to go into executive session to boards with final decision-making authority only. A purely advisory board, such as a budget committee, a comprehensive planning committee or a municipal charter commission, may also exercise the right to a closed-door discussion, again as long as it’s for a lawful purpose and the statutory procedures are followed.

To refresh, the FOAA authorizes executive sessions for (1) personnel matters, (2) suspension or expulsion of school students, (3) purchase or sale of real estate or economic development, (4) collective bargaining negotiations, (5) attorney-client consultations, (6) confidential records, (7) examination records and (8) code enforcement officer consultations. For details, see 1 M.R.S.A. § 405(6).

Also, for executive sessions the FOAA requires a motion specifying the precise nature of the business to be discussed and citing the statute that permits it, as well as a public, recorded 3/5 vote. Final approval of ordinances, orders, contracts, appointments or any other official action is prohibited in executive session, as is discussion of any business not identified in the motion. For details, see 1 M.R.S.A. § 405(1)-(5).

For the record we note that just as municipal advisory boards may use executive sessions, they are also subject to the “open meeting” requirements of the FOAA, including public notice of all meetings and the public’s right to attend and record all meetings other than executive sessions (see 1 M.R.S.A. §§ 406, 403).

For much more on Maine’s Right to Know law, see MMA’s “Information Packet” by that title, available free to members at www.memun.org. (By R.P.F.) n