NEPN/NSBA Code: BEC-E

EXECUTIVE SESSION LAW

I.  To Enter Executive Session, a School Committee 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 business in motion to enter executive session. The nature of each matter must be stated if more than one. 

II.  Restrictions During Executive Session

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

B.  No actions can be taken.

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, 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. A person charged or investigated has the right to be present;

3. A person charged or investigated may request in writing that the investigation be conducted in an 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 the student is a minor) shall be permitted to be present if the 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 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 offer when premature public knowledge would give the School Committee a substantial disadvantage.

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

Legal Reference: 1 MRSA § 405

Cross Reference: BEC - Executive Sessions

6/00

Reviewed: September 12, 2011

Reviewed: November 3, 2014

Reviewed: August 22, 2016

Reviewed: April 4, 2022