Approval of Contracts Negotiated in Executive Session: Union v. Non-union – The OML authorizes boards to meet in executive session to discuss strategy and/or conduct contract negotiations for both collective bargaining and nonunion personnel contracts. The Division interprets the OML requirements for approval of such contracts differently, however. The Division has held that a collective bargaining contract may be approved by vote in executive session, provided that the board announces its approval at its first opportunity and “promptly” makes the final contract available as a public record. For contracts with nonunion personnel, however, the Division takes the position that the OML does not allow a board to vote in executive session to approve the contract. OML 2015-50 In effect, therefore, it is the Division’s position that a vote in executive session to approve a contract with non-union personnel violates the OML. As with any unintentional violation of the OML, the Division recognizes that a board may independently cure such a violation by taking “independent, deliberative action” in open session. This requirement may not be met merely by ratifying the prior vote, but only by engaging in a full and fair discussion at a properly posted meeting for which the matter appears on the meeting notice of the provisions and/or issues that resulted in the final contract.

very interesting, to me anyways.

Jeff Bennett

from the website of MMA and K&P law on topics covered at the past MMA conference.