New York Law (NYLE) Practice Exam

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

1. Following a majority vote of the public body identifying topics to be discussed.

2. Following a majority vote without needing to identify the topics.

3. Upon a call for an executive session by the presiding officer identifying topics to be discussed.

4. Upon a call for an executive session where topics need not be identified.

The correct answer is: Following a majority vote of the public body identifying topics to be discussed.

For a public body to conduct an executive session, a majority vote is necessary, and the topics to be discussed must be specifically identified. This is designed to ensure transparency and accountability within public bodies while allowing them to conduct certain discussions in private when appropriate. The reason this requirement exists is that the public has a right to know how public bodies make decisions and what issues they are addressing. By requiring the identification of topics, it ensures that the executive session is not misused to discuss matters that should be public. The requirement for a majority vote serves as a check, ensuring that the decision to go into executive session reflects the collective agreement of the public body rather than being based solely on the decision of one or a few individuals. The other options do not align with this requirement of transparency. Specifically, a vote without topic identification does not offer the necessary clarity to the public about what issues are being discussed privately, which could undermine the rationale for holding an executive session in the first place. Similarly, a call for an executive session by the presiding officer without identifying the topics fails to provide the necessary framework for accountability and transparency that is fundamental in governmental operations.