FILE: BDC

SUMMARY OF EXECUTIVE SESSION PROCEDURE AND PROBLEM AREAS

This summary is intended as a quick reference to assist the Board in complying with the Freedom of Access Act. It does not add to or detract from the requirements of that statute.

Executive Sessions can be held in the following areas and no others:

A. Employment matters if public discussion could reasonably be expected to cause damage to the employee's reputation.

B. Consideration of the suspension or expulsion of a student.

C. Discussion of real or personal property where disclosure would compromise the competitive or bargaining position of the school district.

D. Union negotiations and discussions of labor contracts and proposals.

E. Consultations between the school board and its legal counsel in a number of different areas.

F. Discussions of information contained in confidential records such as student records, personnel evaluations, medical information and complaints against an employee. (See 20-A M.R.S.A. 6101)

I. General Procedure

1. A motion to go into executive session must state the "precise nature" of the matter and must have three-fifths support from board members present and voting. Precise usually means more than, e.g. "personnel matter" or "student matter'. ''Personnel matter" or "student matter" may be sufficient if identification of the person would be reasonably likely to damage the person's reputation or violate his/her right to privacy.

2. Nothing else can be discussed.

3. No final vote can be taken. The Chair should call the session open and the vote is then taken in public session.

4. If the Board determines the matter is not appropriate for executive session, go back into public session immediately.

II. Problem Areas

A. Employment Matters

1. Discussion concerning the performance of a board member is in public. We are not employees for purposes of the Freedom or Access Law.

2. Board members in open session should refrain from asking questions or making comments that are reasonably likely to cause damage to an employee's reputation or violate the employee's right to privacy.

3. If a member of the public asks a question that is reasonably likely to cause damage to an employee's reputation or violate the employee's right to privacy, the board should move to go into executive session immediately if the employee is present. If the employee is not present, the questioner must be told that the question cannot be entertained without the employee being given the opportunity to be present.

4. The employee must receive advance notice of the proposed executive session.

5. The employee has the right to be present with counsel in an executive session concerning an employment matter.

6. The complainant must be allowed to be present in the executive session.

7. If there is more than one complainant, they appear in executive session one at a time and then must leave the room when they are done.

8. A written request for an open session by the affected employee must be honored.

9. A written record of every Board decision involving the dismissal or refusal to renew the contract of a non-probationary employee must be made.

10. Discussion of the setting or the negotiation of an employee's salary may be done in executive session, but the vote must be in open session.

B. School Suspensions or Expulsion

1. Advance notice must be given.

2. The student, legal guardian, parents and counsel have a right to be present.

3. If there is a long term suspension or expulsion, there must be a written record made containing the factual findings and legal conclusions of the Board.

ADOPTED: October 7, 1996
LEGAL REFERENCE:
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