Executive Sessions

NEPN/NSBA Code: BEC


Except as provided by law, all meetings of the School Committee shall be open to the public, and all persons shall be permitted to attend the meetings. The School Committee may hold executive sessions upon recorded vote of 3/5 of the members present and voting and only after the start of a public meeting.

Any motion to go into executive session shall indicate the precise nature of the business of the executive session and 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. Deliberations may be conducted in executive sessions only on those matters defined in the law. No final action shall be taken in executive session and no public record shall be kept.

Items Which May Be Discussed In Executive Session:

A. Discussion or consideration of employment, appointment, assignment, duties, compensation, evaluation, resignation, 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. School Committee discussion of labor contracts and proposals and meetings between the School Committee or its designees and its negotiators 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 School Committee 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.

By its very nature, the subject matter of executive sessions is highly confidential.



Legal Reference: 1 MRSA § 401 et seq.

Cross Reference: BE - School Committee Meetings

Adopted: Prior to 1982

Revised: June 8, 1992; February 9, 2012