The Board reserves the right, within the constraints of state law, to meet in executive session. Such sessions can be requested by any member of the Board or the Superintendent of Schools. The vote to convene must be a majority vote of the Board’s total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered.
Matters which may be considered in an executive session 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 preecution 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;
7. matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation;
8. the preparation, grading or administration of examinations; and
9. 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.
Matters which may only be considered in executive session are:
10. discussions concerning probably cause to bring disciplinary charges against an employee;
11. discussions concerning findings or placement of students by the Committee on Special Education.
No formal action or vote may be taken to appropriate moneys during an executive session.
The Board may permit staff and other persons whose presence is deemed necessary or appropriate to attend executive session.
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. 329
Adopted: February 26, 1996