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BEC-E

EXECUTIVE SESSIONS

The Board shall sit in executive session when such sessions are voted by 3/5 of the members present and voting, in accordance with the Freedom of Access Law.

I.          To Enter Executive Session, a Board Must:

A.  Start with a public meeting;

            B.  Have a public recorded vote of 3/5 of members present and voting; and

            C.  State the precise nature of each matter of business in motion to enter executive session; the motion must include a citation of one or more sources of statutory or other authority that permits an executive session for that business. When labor contracts are the subject of an executive session, the parties must be named.

II.         Restrictions During Executive Session

            A.  Only matters stated in the motion may be considered.

            B.  No official actions shall be finally approved.

            C.  No public record shall be kept.

III.       Items Which May Be Discussed In Executive Session

      A. Discussion or consideration of employment, appointment, assignment, duties, compensation, evaluation, resignation, nonrenewal, disciplining, promotion, demotion or dismissal of public officials, appointees or employees or the investigation of charges or complaints against persons, subject to the following conditions:

                  1. Only when public discussion could be reasonably expected to cause damage to the reputation or violate the individual’s right to privacy;

                  2. Person charged or investigated has right to be present;

                 3. Person charged or investigated may request in writing that the investigation be conducted in open session.  Such requests must be honored; and

                  4. Any person bringing charges shall be permitted to be present (does not specify participation).

B.     Discussion or consideration of suspension or expulsion of a student, the cost of whose education is paid from public funds.  The student and legal counsel (and parents or guardian if student is a minor) shall be permitted to be present if student, parents or guardian so desire.

C.     Discussion or consideration of the condition, acquisition or the use of real or personal property only if premature disclosure would prejudice the bargaining position of the body or agency.

  D.  Board discussion of labor contracts and proposals and meetings may be held in executive session.  (Negotiations between the representatives of a public employer and public employees are closed unless opened by agreement of both parties.)

      E.   Consultations between a body or agency and its attorney concerning legal rights, pending litigation, and settlement offers, when premature public knowledge would give the Board substantial disadvantage.

      F.   Discussion of records made, maintained or received by the body or agency, when access by the general public is prohibited by statute.         

Executive sessions shall be closed to the public and the press.  The minutes of the preceding or subsequent regular meeting shall record that an executive session will be, or was, held.  Board members and any persons attending the session, are duty bound not to disclose any details in discussions at executive sessions.

The Superintendent, or his/her designated representative, shall attend all executive sessions, except those that pertain to the Superintendent’s employment.  The Board may invite staff members or others to attend such sessions, at its discretion.

State law stipulates that no official action may be taken at executive sessions.  To take final action on any matter discussed, the Board shall convene or reconvene in open session.

Legal Reference:           1 M.R.S.A.  401 et seq.

Adopted:          Date of manual adoption

Reviewed:        8/9/99

Amended:         8/30/99

Amended:         2/16/00

Amended:         10/24/05