BEC - Executive Sessions

File: BEC

 

Executive Sessions

 

All meetings of the Franklin School Committee are open to attendance by the public and media representatives.  However, the Committee has the right to convene in a closed executive session when it meets the following procedural conditions imposed by state law:

 

  1. The Committee will first convene in an open session for which due notice has been given.
     
  2. The chair (or, in their absence, the presiding member) will state the purpose for the executive session.
     
  3. A majority of the members must vote to enter the executive session, with the vote taken by roll call and recorded in the official minutes.
     
  4. The chair or presiding member will state before entering the executive session whether the Committee will reconvene in open session after the executive session.

 

The law puts specific limitations on the purposes for which executive sessions may be convened.  The Committee may enter executive sessions only for the following reasons:

 

  1. To discuss the reputation, character, physical condition or mental health, rather than the professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual; provided that the individual has certain rights enumerated in the law including requiring the Committee to hold an open session should the individual so request..
     
  2. To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel.
     
  3. To discuss strategy with respect to collective bargaining or litigation, if an open meeting might have a detrimental effect on the bargaining or litigating position of the Committee and the chair so declares.  Collective bargaining may also be conducted.
     
  4. To discuss the deployment of security personnel or devices, or strategies with respect thereto.
     
  5. To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.
     
  6. To consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the Committee.
     
  7. To comply with the provisions of any general or specific law or federal grant-in-aid requirements.
     
  8. To consider or interview applicants for employment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants; provided, however, that this clause shall not apply to any meeting, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening..
     
  9. To meet or confer with a mediator with respect to any litigation or decision on any public business within its jurisdiction involving another party.

 

Accurate records of the proceedings conducted in executive session will be kept and may remain classified only so long as their publication would defeat the purpose of the session.  The Committee or the chair/designee will review executive session minutes for possible declassification at reasonable intervals at least once each year.  Such determination will be announced at the Committee’s next meeting and such announcement will be included in the minutes of that meeting.

 

When a specific set of executive session minutes, not yet declassified, is requested by a member of the public, the Committee shall render a decision on declassification at its next meeting or within 30 days after the request, whichever first occurs.

 

All votes taken in executive session will be recorded roll call votes, and will become part of the minutes of executive sessions.

 

 

LEGAL REFS.:          M.G.L. 30A:21; 30A:22

 

CROSS REFS.:           BDE, Subcommittee of the School Committee

                                    BE, School Committee Meetings

                                    BEDG, Minutes

                                    KEB, Public Complaints about School Personnel

 

Reviewed, revised 11/4/09; 5/8/14

Reviewed, revised, adopted by School Committee:  8/13/19

 

 

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