In general, the Board of Education shall hold discussions and take action during open public meetings; however, the Board shall convene in and executive session to discuss and/or take action on those subjects permitted or mandated by state law. Such sessions can be requested by any member of the Board or the Superintendent of Schools. In most cases, only the Board and the Superintendent will be present; however, the President may invite person(s) other than Board members to attend and executive session if in his/her judgment such person(s) may furnish special information on the topic to be discussed.
Upon a majority vote of its members, the Board may convene in executive sessions to discuss the subjects enumerated below. Matters which may be considered in executive sessions are:
1. Matters which will imperil the public safety if disclosed;
2. Any matter which may disclose the identity of a law enforcement agent or informer;
3. Information relating to current or future investigation or prosecution of a criminal offense which would
imperil effective law enforcement if disclosed;
4. Discussions regarding proposed, pending or current litigation;
5. Collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law);
6. Medical, Financial, credit or employment history of a particular person or corporation, or matters leading
to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of
a particular person or corporation;
7. The preparation, grading or administration of examinations; and
8. The proposed acquisition, sale, or lease of real property, or the proposed acquisition of securities, or
sale or exchange of securities, but only when publicity would substantially affect the value thereof.
9. Discussions concerning probable cause to bring disciplinary charges against and employee; and
10. Discussions concerning findings and/or placement of students by the Committee on Special Education.
Formal action or vote on matters enumerated in paragraph 9 above may only be taken by the Board during an executive session. The Board shall reconvene in open session. The Board shall reconvene in open session to take final action on other matters discussed, and to adjourn the meeting.
Minutes of executive sessions will reflect all actions and votes taken by the Board in executive sessions without personally identifying employees or students affected thereby. The name of the person who called for the executive session will also appear in the minutes of the public meeting. The Board may permit staff and other persons whose presence is deemed necessary or appropriate to attend an executive session or
any part thereof.
Ref: Education Law 1606; 1708 (3)
Open Meetings Law 100 et seq.
Public Officers Law 93; 95; 96; 100; 105
Formal Opinion of Counsel to the State Education Department No. 239
Adoption date: January 1, 1993