• BDC: Executive Sessions

    Policy

    Educational matters should be discussed, and decisions made at public meetings of the Board accordance with the rationale for the creation of public governing bodies; however, some matters are more properly discussed by the Board in private session. As permitted by law, such matters may involve:

    • The appointment, employment, dismissal, discipline, promotion, demotion, or compensation of an employee, official or student or the investigation of charges or complaints against such individual, unless an employee, official or student request a public hearing (the Board will not hold an executive session for the discipline of one of its members for conduct related to the performance of his/her official duties of for his/her removal from office)
    • The purchase of property for public purposes or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair advantage to a person whose personal, private interest is adverse to the general public interest
    • Specialized details of security arrangements where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law
    • Matters required to be kept confidential by State statutes or Federal law
    • Preparing for, conducting, or reviewing negotiations with public employees concerning their compensation or other terms and conditions of their employment
    • Conferences with an attorney for the Board concerning disputes involving the Board that are the subject of pending or imminent court action
    • Consideration of confidential information related to the marketing plans, specific business strategy, production techniques, trade secrets, or personal financial statements of an applicant for economic development assistance, or to negotiations between the School District and other political subdivisions respecting requests for economic development assistance, provided that both of the following conditions apply
      • The information is directly related to a request for economic development assistance that is to be provided or administered under any provisions of State law authorized by Ohio Revised Code Section 121.22(G)(8), or that involves public infrastructure improvements or the extension of utility services that are directly related to an economic development project
      • A unanimous quorum of the Board determines, by a roll call vote, that the executive session is necessary to protect the interests of the applicant or the possible investment or expenditure of public funds to be made in connection with the economic development project

    Conferences with a member of the office of the State Auditor or an appointed certified public accountant for the purpose of an audit are not considered meetings subject to the Sunshine Law.

    The Board will meet in executive session only to discuss legally authorized matters. Executive sessions will be held only as part of a regular or special meeting and only after a majority of the Board quorum determines, by a roll-call vote, to hold such a session.

    When the Board holds an executive session for any of the reasons stated under paragraph 1 above, the motion and vote to hold the executive session will state one or more of the purposes listed under such paragraph for which the executive session is to be held but need not include the name of any person to be considered within the executive session. If the Board holds an executive session to consider any of the matters listed in paragraphs 2-7, the motion and vote to hold executive session shall state which one or more of these matters are to be considered m shall state which one or more of these matters are to be considered within the executive session. The minutes shall reflect the information described above. Information acquired or matters discussed in executive sessions are to be kept confidential.

    In accordance with law, the Board will reconvene in public session before taking any official action.

    History

    • Adopted: May 26, 2009
    • Amended: October 22, 2019

    Legal References