Should Animosity in Executive Session be Revealed to Non-directors?

We are a Board of seven in a 200+ high rise HOA. We hold an executive session before our monthly open meetings, which is permitted in CA. We strictly follow CA Open Meeting Act legislation about what may be discussed in same.

For the past many months, our executive sessions (ES) have gradually become more & more hostile. Various directors take verbal potshots at others, there's bickering over minor points, there's a lot of interrupting, and agenda items have been included about petty matters such as one director being rude to another outside of a meeting, but not in front of homeowners (H/Os).

A few weeks ago, an H/O asked a director how directors get along in executive session and "Nick" replied that there's a great deal of dissension; the ES meetings are completely out of control. The H/O wrote the Board a letter stating what she'd heard, without identifying Nick, and expressed her view that such dissension is bad for our HOA. We should get our act together. The letter was given to us directors at our most recent ES.

At that same meeting last week, the newish president compiled & read comments from us directors that she'd requested about positive ways we can improve our meetings. She is trying very hard to fix this mess that is the legacy of a previous prez.

The president asked who'd told the H/O about the general content of our ES behavior. Nick iidentified himself. Some directors argue that Nick never should have revealed the toxic atmosphere in our ESs to a non-director. Nick & others argue that Nick has a right to express his "opinion" to H/Os.

What do you think? Are ALL aspects of ES confidential? Or only agenda items, the content of discussion/debate, how directors voted.

As I wrote, Tim, all ESs are held ONLY about matters that CA's strict Davis-Stirling legislation permits. We also certainly post the general ES agenda 2 days shad of the ES meetings.

The agenda items about alleged director misconduct is a legit topic in ES as it falls under the general topic of "personnel matters" according to the COO & President of our MC.

We did, I think, get rid of these petty director-conduct types of agenda items at our last ES with our lists of ways to improve meetings.

Nick did the right thing. A homeowner asked a question and Nick answered truthfully. Nick did not put up a billboard about the directors' behavior and he did not lie when asked about. He did nothing wrong. It was the rest of the directors who hid behind closed doors to hiss at each other who did wrong.

I strongly disagree that personal disagreements among board members is a personnel matter. Personal does not equal personnel. Using the faulty logic that a disagreement among directors justifies an executive session, all business could be transacted in a closed meeting because not all directors may agree with one another.

Our board certainly notes the general topics in our ESs.

Specifics about particular directors was not my question, Eric. More, in CA, directors may not be removed form the Board by directors unless pointed by directors. Otherwise, they must be removed by a vote of the H/O's. But that i not the topic.

Kerry as I understand your post, "Nick" didn't reveal what was discussed but rather the tone in which it was discussed which IMHO did not violate any confidential information. If directors don't want it known that they act like asses in ES, then they should stop acting like asses.

Thanks for your replies.

I'm one of the directors who thought "Nick" stepped over the line. My reason is that as fiduciaries, we're held to a higher standard of behavior than other homeowners. To me, gossiping about the comportment of directors in ES does our HOA no good whatsoever. Our job, imo, is to work in the best interests of our HOA as a whole. Nick blabbing to a newer H/O, who happens to be a real estate attorney ,was only to make himself look "knowledgeable," or "in the know."

We often deal with contracts in formation in open meetings. We also announce the number of delinquencies, whether they're on payment plans, etc., and vote to lien units in open meetings.

Our last ES meeting when we discussed our list of suggested improvements should help a lot because the petty agenda items about alleged director misbehavior will rarely occur from now on.

Thank all of you again for your replies. I'd actually hoped for different voices too, but . . .