New York Law (NYLE) Practice Exam

Who has the authority to decide on holding an executive session?

1. A two-thirds majority of the public body

2. Only the chairman of the public body

3. A simple majority of the public body

4. Any member of the body can call for it

The correct answer is: A simple majority of the public body

The authority to decide on holding an executive session rests with a simple majority of the public body. This means that once a public body, such as a board or commission, is convened, the members can vote on whether to enter into an executive session to discuss matters that are typically sensitive or confidential, such as personnel issues, litigation, or negotiations. The requirement of a simple majority ensures that a majority of the members can agree on the necessity of holding a private meeting to conduct specific business that may not be suitable for public disclosure. This framework not only facilitates decision-making within the body but also upholds the principles of transparency and accountability, as a majority needs to support the action. In contrast, a two-thirds majority would impose a higher threshold for entering into an executive session, which is not mandated under New York law for most situations. While a chairman may play a significant role in guiding discussions, their authority alone does not grant the power to unilaterally decide to go into executive session without the support or vote of the board members. Lastly, allowing any member to call for an executive session would potentially lead to misuse or overuse of such sessions, undermining the purpose of maintaining confidentiality only when necessary.