Board of Education By-Laws
Article 15


Executive Sessions
References


  1. At any regular or special meeting, by two-thirds vote of those present, the Board may proceed into executive session, which shall be reflected in the minutes. The Board shall include the specific citation to statute authorizing it to meet in executive session when it announces the session and identify the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized. The topic of the executive session shall be reflected in the minutes. Executive sessions may be convened solely for considering any of the following matters:


    1. Purchase, acquisition, lease, transfer or sale of any real, personal or other property. However, no executive session shall be held to conceal the fact that a Member of the Board has a personal interest in such property transaction.

    2. Conferences with an attorney for the purpose of receiving legal advice on specific legal questions. The mere presence or participation of an attorney at an executive session shall not be sufficient to satisfy this requirement.

    3. Matters required to be kept confidential by Federal or State law or regulations. An announcement will be made indicating the specific legal citation.

    4. Specialized details of security arrangements or investigations.

    5. Determination of positions relative to matters that may be subject to negotiations, development of strategy for negotiations and instruction of negotiators.

    6. Personnel matters except when an employee who is the subject of an executive session requests an open meeting. If the personnel matter involves more than one employee, all of the employees must request an open meeting. A teacher dismissal hearing shall be open to the public unless either the administration or the employee requests that the hearing be closed.

    7. Consideration of any documents protected under the mandatory nondisclosure provision of the Open Records Act.

    8. Discussion of individual students where public disclosure would adversely affect the person or persons involved.

  2. The Board shall not make final policy decisions nor shall any resolution, rule, regulation, or formal action, or any action approving a contract or calling for the payment of money be adopted or approved at any executive session. The Board may approve written minutes of an executive session, if written minutes are taken.

  3. The Board shall cause an electronic recording to be made of the executive session which shall be retained by the Board for 90 days following the session except as provided in paragraph E of this Article. The record is to be kept by the Board Secretary. It is to be routinely erased with two Board members or a Board member and the Superintendent present. No copies of executive session recordings may be made.

  4. Only those persons invited by the Board may be present during any executive session regardless of the topic of the session (including personnel matters).

  5. No electronic record shall be made of an executive session held for the purpose of discussing an individual student matter or of a session in which the discussion involves a privileged attorney-client communication. The electronic record must include the specific statutory citation to the executive session law that allows the Board to meet in executive session.

  6. Information discussed in Executive Sessions is confidential. Board Members and individuals invited by the Board to participate in the session are expected to maintain confidentiality with regard to the matters discussed. At the beginning of the session, participants are to be reminded that all matters discussed are to remain confidential and are not to be disclosed to others without consent of the Board.


References:
Constitution of Colorado, Article IX, Section 15
20 USC 2361 through 2368 Coverdell Teacher Protection Act, NCLB 2001 limits liability of School Board Members
C.R.S. 1-2-101,102 Qualification and registration of Elections
C.R.S. 1-4-803 Petitions for Nominating School Directors
C.R.S. 22-12-101 et seq. Teacher and School Administrator Protection Act includes School Board Members
C.R.S. 22-31-101 through 134 School District Directors, Elections)
C.R.S. 22-32-103, 108, 109, 110 School District Board Powers and Duties
C.R.S. 22-32-104 (5) Board Member Compensation
C.R.S. 22-32-109.1 (9) Immunity provisions in safe schools law also applies to School Board Members
C.R.S. 22-32-110 (1)(n) & (u) Power to provide necessary expenses
C.R.S. 24-6-401 and 402 (2) Open Meetings
C.R.S. 24-6-402 (4) (a-h) Allowable Topics for Executive Sessions
C.R.S. 24-10-102 et seq. Governmental Immunity
C.R.S. 24-18-104 (3)(d) & (e) Reimbursements are not considered gifts
C.R.S. 24-18-108.5, 109 Rules of Conduct for Boards and Commissioners
Colorado Association of School Boards Standards Adopted June 12, 1999
Adopted: 5/10/00; Revised: 12/5/01; 4/2/03; 3/3/04; 5/18/05; 10/2/06, 10/15/07, 3/10/08, 9/14/09
PLATTE CANYON SCHOOL DISTRICT, PARK COUNTY RE 1