EXECUTIVE SESSION AGENDAS

QUESTION: Last night we went into executive session to discuss an urgent legal matter. The executive session was not on the agenda because the issue only arose the day before. The agenda had been distributed 4 days prior to the board meeting. Were we allowed to hold the meeting even though it was not on the agenda?

ANSWER: Since executive sessions do not qualify as meetings of the board under the Davis-Stirling Act, agenda requirements do not apply to executive sessions. Civil Code §1363.05(j) Accordingly, boards are allowed to adjourn into executive session without an agenda or prior notice. Your impromptu executive session did not violate the Open Meeting Act. No prior notice to the membership was needed.

Updated by ADAMS KESSLER 8/28/2008