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Subject: Executive Session Actions
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01/30/2006 10:23 AM  
Under Colorado statute 38-33.3-209.5 a board has the right to go into executive session to discuss limited matters and lists the restrictions. It also says "No rule or regulation of the Board shall be adopted during an executive section. A rule or regulation may be validly adopted during a regular session following an executive session."

This raises several questions.
1. Does board have to announce any decision made by vote after returning to the regular session?

2. As statute says only "rules or regulations" may not adopted during that closed session does that mean other actions can be voted upon and adopted?

The instant raising these questions is : our board went into executive session to discuss firing of a volunteer/non paid Newesletter Editor. Vote was taken and majority voted to do so.

Is assumption that such a discussion and vote to fire
is within one of the permitted matters correct?



01/30/2006 12:27 PM  
Correct, Duke. One of the reasons a Board can go into Executive Session is to discuss hiring or firing of personnel.



01/30/2006 1:06 PM  
I disagree, you can go into executive session for discussion and planning on how to handle a situation and come into agreement. Once back to your general session, you must conduct the removal of a party in open forum with a motion, a second to allow discussion or it dies there, if a second is received and discussion completed, then a vote of the board has to be called. Why are you afraid of an open forum on the matter? Repercussions? You either have a valid reason for a removal or you don't.
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Forums > Homeowner Association > HOA Discussions > Executive Session Actions

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