This was a synopsis provided by a member of another listserv to the responses received following a similar question. Let me add, that in another exchange, some suggested adopting a local ordinance making it a municipal infraction to violate the rules of executive session by disclosing information and then charging the person but allowing the council the authority by super majority to decline to prosecute or vice versus requiring it by super majority to authorize a charge. What follows is a very good synopsis of the other exchange:
Just to summarize and close this out, if you weren't following the
ListServ discussion, I heard from about 10 different municipal attorneys
from a number of jurisdictions and the almost unanimous consensus was
that (at least in the absence of specific enabling legislation from the
state) there was very little that a public body could do to sanction a
member of that public body for disclosing information that was discussed
in the executive session. I was cited to one AG Opinion from Illinois
which "held" essentially that, as well as two opinions from the New York
State Committee on Open Government which essentially concurred. Some who
commented felt that the disclosure of such information might be in the
nature of a breach of fiduciary duty, especially if it resulted in
financial damage to the municipality, but no one apparently knew of such
a claim ever being asserted. The gist of the responses was that, at
best, a public body might "censure" (publicly or privately reprimand) a
member for disclosing confidential information discussed in executive
session so that the voters might be aware of that conduct, but absent
enabling legislation, even local ordinances or codes of ethics might not
be sufficient to impose much stronger sanctions (e.g. removal from
office, exclusion from executive sessions, fines). Thanks to all who
chimed in.
[cid:image009.png@01D3AEF0.7E565ED0]
Charles W Thompson, Jr
Executive Director / General Counsel at
International Municipal Lawyers Association, Inc.
A 51 Monroe St., Suite 404, Rockville, MD, 20850
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