Executive session means that the board adjourns to a closed-door session not open to the public. Only board members participate in executive session, although they may choose to ask the CEO, other staff, or special guests, such as their legal counsel, to attend.
The laws governing executive sessions vary from state to state, so be sure to understand your specific legal requirements. However, most laws typically requires that:
- The board first convenes in open session
- The presiding officer of the board cites the reason for meeting in executive session
- A majority of board members vote to meet in executive session
- Minutes must be taken and votes recorded during such a session, and records remain confidential only so long as publication may defeat the lawful purpose of the executive session.
- Generally, under most state laws, charter school boards may hold executive session under limited circumstances, including:
- To discuss the reputation, character, or mental or physical health of an individual, but not his or her professional competence
- To consider discipline or dismissal of an employee, or hear complaints or charges brought against an employee. Note: If the board is meeting in executive session under either of these exceptions, the individual in question is afforded certain rights, including the right to have notice of the meeting, the right to be present, the right to have counsel attend, and the right to speak on his or her own behalf.
- To discuss strategy relating to litigation or collective bargaining
- To consider the purchase or lease of real estate, if an open meeting would undermine the organization's negotiating position
- To investigate charges of criminal misconduct or discuss the deployment of security devices
- When another law requires the board to meet in executive session, such as to protect the privacy of an individual.
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