Policy Manual

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Policy BEC-E

1. To Enter Executive Session, a Board must:

• Start with a public meeting.  

• Have a public recorded vote of 3/5 of members present and voting. 

• State the precise nature of business in motion to enter executive session.  The nature of each matter must be stated if more than one. 

2. Restrictions During Executive Session:  

• Only matters stated in the motion may be considered.  

• No official actions shall be finally approved.  

• No public record shall be kept.  

3. Items which may be discussed in executive session:

• 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:  

  • Only when public discussion could be reasonably expected to  cause damage to the reputation or violate the individual’s right to privacy.  

  • Person charged or investigated has the right to be present.  

  • Person charged or investigated may request in writing that the  investigation be conducted in open session, such requests must be honored.  

  • Any person bringing charges shall be permitted to be present (does  not specify participation).  

• 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. 

• 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.  

• Board 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.  

• Consultations between a body or agency and its attorney concerning legal  rights, pending litigation, and settlement offers, when premature public  knowledge would give the Board substantial disadvantage.  

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

Legal Reference: Title 1 MRSA, § 405  

Cross Reference: BDC – EXECUTIVE SESSIONS  

Adopted: January 13, 1989  

Revised: May 14, 2001 

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