What is an Executive Session? A Comprehensive Legal Overview

Definition & Meaning

An executive session is a type of meeting that is held in private, allowing only members and invited guests to attend. This term originated in the U.S. Senate, where it referred to closed-door sessions that advised the President on executive matters, such as nominations and treaties. While it traditionally involved executive business, today, the term is broadly applied to any closed-door committee meetings, regardless of the subject matter being discussed.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A corporate board holds an executive session to discuss the hiring of a new CEO, ensuring that sensitive details about candidates are not disclosed publicly.

Example 2: A city council conducts an executive session to discuss ongoing litigation, allowing them to strategize without public interference.

State-by-state differences

Examples of state differences (not exhaustive):

State Executive Session Regulations
California Allows executive sessions for specific topics, including personnel matters and litigation.
New York Permits executive sessions but requires a formal vote to enter into such sessions.
Texas Has strict guidelines on what can be discussed in executive sessions, primarily focusing on legal and personnel issues.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Closed Session A meeting where the public is excluded. May not specifically involve executive matters.
Open Meeting A meeting that is accessible to the public. Contrasts with executive sessions which are private.

What to do if this term applies to you

If you are involved in a situation that may require an executive session, consider the following steps:

  • Review your organization's bylaws or governing documents for guidelines on conducting executive sessions.
  • Ensure that proper notice is given to all members regarding the session.
  • Consult legal templates from US Legal Forms to create necessary documentation, like meeting minutes.
  • If the matters are complex, seek advice from a legal professional.

Quick facts

  • Typical fees: Varies by organization.
  • Jurisdiction: Varies by state and organization type.
  • Possible penalties: Violation of open meeting laws can lead to fines or invalidation of decisions made.

Key takeaways

Frequently asked questions

The purpose is to discuss confidential matters without public scrutiny.