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Executive session in New York: when a board can meet in private, and what follows

Short answer

A New York board may meet in executive session only for one of the eight purposes in § 105(1), by a majority vote of its total membership taken in open session on a motion that names the general area of the subject. No formal vote to spend public money may be taken there. Minutes of any action taken by formal vote are available within 1 week.(N.Y. Pub. Off. Law § 105(1))

This guide explains the law in plain words; it is not legal advice. For a question about your board, ask your town, village or city attorney.
By Clarivis · Checked against Public Officers Law §§ 105 and 106, General Construction Law § 41 on Fri, Oct 23, 2026.

Where this fits in your meeting cycle: Clarivis is software that helps a board follow these steps: it counts the notice deadline for each meeting set in Clarivis a week or more ahead, shows the minutes deadline for each meeting and drafts the minutes for your board to correct and approve; it does not post the notice or send it to the news media for you.

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Questions on this page

When can a board go into executive session?

Only for a purpose the law lists:

  1. Matters that would imperil public safety if disclosed.
  2. The identity of a law enforcement agent or informer.
  3. A current or future criminal investigation or prosecution, where disclosure would imperil effective law enforcement.
  4. Proposed, pending or current litigation.
  5. Collective negotiations under the Taylor Law.
  6. The medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation.
  7. Preparing, grading or giving examinations.
  8. A proposed purchase, sale or lease of real property, or a proposed purchase of securities or sale or exchange of securities the board holds, only when publicity would substantially affect the value.

These are the purposes in § 105(1), in plain words; the statute's own text governs.

How does a board go in?

An executive session is entered only from a public meeting, by a vote taken there; see what counts as a meeting.

By a vote taken in open session, on a motion that names the general area of the subject:

Statute text

“Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, a public body may conduct an executive session for the below enumerated purposes only, provided, however, that no action by formal vote shall be taken to appropriate public moneys”

N.Y. Pub. Off. Law § 105(1)

"Total membership" is the whole board: every seat counts, including vacant seats and members disqualified from acting, not only the members present (N.Y. Gen. Constr. Law § 41).

What cannot happen in executive session?

A formal vote to spend public money:

Statute text

“provided, however, that no action by formal vote shall be taken to appropriate public moneys”

N.Y. Pub. Off. Law § 105(1)

What happens to the executive session minutes?

Minutes are taken of any action taken by formal vote, recording the final determination, its date and the vote:

Statute text

“Minutes shall be taken at executive sessions of any action that is taken by formal vote which shall consist of a record or summary of the final determination of such action, and the date and vote thereon”

N.Y. Pub. Off. Law § 106(2)

They are available within 1 week of the executive session (N.Y. Pub. Off. Law § 106(3)). They need not include anything the Freedom of Information Law does not require the board to make public (§ 106(2)).

Checklist

In open session, before going in

  • The topic is one of the eight purposes.
  • A motion in open session names the general area of the subject.
  • A majority of the board's total membership, counting vacant seats and disqualified members, votes yes. (§ 105(1))

Inside

  • No formal vote to spend public money is taken. (§ 105(1))

Afterwards

  • Minutes of any action taken by formal vote are available within 1 week. (§ 106(3))

What the law does not settle

These are questions to take to your board's attorney; this guide does not answer them.

  • Whether a particular topic fits one of the eight purposes.
  • How specific the motion's general area must be.
  • What counts as a vote to "appropriate public moneys", which may not be taken inside.
  • Whether, and when, a board may consult its attorney in private outside these eight purposes.

How Clarivis helps

Clarivis does not decide whether a topic qualifies for executive session; your board and its attorney do.

  • On the agenda, an executive session item is flagged until one of the eight purposes is selected for it.
  • During the meeting, the person recording selects Enter executive session and chooses its purpose. Recording stops, and nothing is recorded until the board returns to open session.
  • In the draft minutes, executive session audio is left out. Where Clarivis cannot tell where the session fell in a recording, it asks a person to confirm they have read the draft before the minutes are marked ready, approved or published.
  • After the meeting, the compliance check flags an executive session with no recorded purpose.
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