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November 3, 2023
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November 3, 2023
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10/27/2023 4:32:52 PM
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PIGs Established to Negotiate <br />Another less common type of PIG can be formed when two or more members of <br />a board, but less than a quorum, are assigned to present, discuss, or negotiate any <br />position adopted by the board at a meeting. The assignment of members to a PIG for <br />the purpose of negotiation, and the scope of each member's authority, must be defined <br />at a board meeting prior to the presentation, discussion, or negotiation. The three - <br />meeting requirement for investigative PIGs does not apply to PIGs established to <br />negotiate. <br />As a final note, boards should keep in mind that they may be subject to other <br />laws or rules in addition to the Sunshine Law, which could affect members' ability to <br />discuss pending matters. This may be particularly relevant for boards that exercise <br />adjudicatory functions (which are not subject to the Sunshine Law), as they must <br />generally avoid ex parte communications. Similarly, some boards are subject to <br />confidentiality provisions outside the Sunshine Law, and if a board is involved in a <br />procurement, it must follow procurement laws. Boards should consult with their own <br />attorneys on the application of such laws and rules. <br />Quick Review: Who Board Members Can Talk To and When Part 3 (Dec. 2022) PaLye 4 <br />
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