New York Law (NYLE) Practice Exam

What is required for a public body to conduct an executive session?

1. A vote must be taken only in a closed meeting.

2. A majority vote taken in a public session identifying topics.

3. It is not required to disclose topics beforehand.

4. Only the presiding officer can call for an executive session.

The correct answer is: A majority vote taken in a public session identifying topics.

In order for a public body to conduct an executive session, a majority vote taken in a public session is required, and this vote must identify the topics that will be discussed in the executive session. This requirement is set forth in the New York Open Meetings Law, which seeks to ensure transparency while allowing for specific confidential discussions that may involve sensitive matters. This process emphasizes the importance of transparency while still allowing public bodies to address certain topics in a private setting when necessary. By requiring that topics be identified in a public session before the executive session takes place, the law provides an opportunity for the public to be aware of what issues are being considered, thus maintaining a level of accountability for public officials. The other options do not align with the legal requirements established by the Open Meetings Law. For example, simply taking a vote in a closed meeting or not disclosing topics beforehand would undermine the law’s intention of public accountability. Additionally, the notion that only the presiding officer can call for an executive session does not reflect the collaborative nature of decision-making expected within public bodies, as it can be invoked by members as per the established procedures.