Executive Session & Contracts

According to Davis-Sterling, board's should discuss "matters relating to the formation of contracts" in exective session. Can I get some examples of what those matters would be?

Some members of our current board feel that all voting on bids should be done in executive session because it pertains to contracts. I disagree and feel that we should vote on bids in an open meeting, then discuss proprietary information, designs, billing rates, etc. in executive session.

Thanks,

Jenn

CORRECTION -

I should have looked at Create a website
">Davis-Stirling voting in Executive session page first.

Voting may be done in executive session.

In addition to the above link - here is a link to the executive session main menu page.

Tim

Okay, now that makes perfect sense. Somewhere we can draw the line. Thank you.

Jenn

executive session is for privileged information.
Even if you vote in executive session, you need to identify the results of the vote in open session.

i.e. The Board, in executive session, voted to award the contract for abc to xyz.

Personally, I don't see a reason to vote on awarding a contract in executive session. However, according to CA law, it is allowed (see link to voting in executive sessions)

We used to conduct any business having to do with contracts in Executive Session because, following Davis-Sterling, it is permissible. But do note, Jennifer, that Davis-Sterling does not state that contract matters "should" be handled in Executive Session. I believe it says "may."

For over a year now, almost all contracts--new, renewals, etc. are discussed and voted on in open meetings in our HOA. There are a few that we've done in Executive Session, e.g., the interviews of 4 vendors for a major project that we're doing soon. In this case, we selected one in an Executive Session and announced our choice at the open meeting.