It strikes me that most of the thorny legal issues that have been mentioned during this conversation are attached to whether the disclosure of an executive session conversation violates some other substantive legal recognition of the matter at hand as protected (thus, a penalty could attach to sharing matters that were attorney-client privileged but not, say, a discussion about buying land). I would offer that the best course is to have it tied to the parliamentary process, so that the person is being penalized simply for violating the rules of its own organization without regard to any protection applicable to the underlying conversation. As Roberts Rules instructs at Rule 66, "A deliberative assembly has the inherent right to make and enforce its own laws and punish an offender....but it has no right to go beyond what is necessary for self-protection." From: Grover, Neil A. [mailto:ngrover@harrisburgpa.gov] Sent: Friday, July 27, 2018 11:41 AM To: Warren Jr., William W. <william.warren@saul.com>; 'Josele Cleary' <jcleary@mhck.com>; Joseph E. Bresnan <jbresnan@dischellbartle.com>; pmlsolicitors@lists.imla.org Subject: Re: [Pmlsolicitors] Disclosure of Executive Session discussions All: Harrisburg has no such ordinance. The legislative body adopted Rules of Council that get occassionally amended, but no direct provision. Those Rules incorporate by reference the latest edition of the Rules of Parlimentary Procedure, which, in theory, we would turn to if such an internal issue arose. Bill and Josele succintly frame some significant thorny legal issues that abound when trying to draw clear lines for disclosures and confidentiality of public bodies and public officials. Who gets to decide what qualifies as confidential and who enforces a perceived violation? The potential allowable menu seems limited to be litigation-related, personnel, certain real estate issues and true attorney-client privilege communications. Most such exec session matters ultimately evolve (should evolve?) to public information, as a public action/decision would bring the matter into the public sphere, as least in terms of the result. There are emorphous legislative privileges and immunities vested in each member of a legislative body, which should inform attempts to silence or sanction an elected or appointed official. Sent from my Verizon, Samsung Galaxy smartphone