All meetings of the Agawam School Committee are open to attendance by the public and media representatives. However, the committee has the right to convene in a closed executive session when it meets the following procedural conditions imposed by state law:

1. The committee will first convene in an open session for which due notice has been given.

2. The Chairperson (or in his/her absence, the presiding member) will state the purpose for the executive session.

3. A majority of the members must vote to enter the executive session with the vote taken by roll call and recorded in the official minutes.

4. The Chairperson or presiding member will state before entering the executive session whether the committee will reconvene in open session after the executive session.

The law puts specific limitations on the purposes for which executive sessions may be convened. Executive or private sessions may be held for any one or more of the following purposes:

· To discuss the reputation, character, physical condition, or mental health (rather than the professional competence) of an individual. The individual involved must be notified in writing by the committee at least 48 hours in advance of the proposed executive session, unless this requirement is waived by agreement of the parties. The meeting must be held in open session if the individual involved requests that the meeting be open. If the meeting is held in executive session, the individual involved has the right

to be present during the executive session discussions that involve him or her;
to have counsel or a representative of his or her own choosing present and attending for the purpose of advising the individual and not for the purpose of active participation: and
to speak on his or her own behalf.

· To consider the discipline or dismissal of, or to hear complaints or charges brought against a public officer, employee, staff member, or other individual. The individual involved must be notified in writing by the committee at least 48 hours in advance of the proposed executive session unless this requirement is waived by agreement of the parties. The meeting must be held in open session if the individual involved requests that the meeting be open. If the meeting is held in executive session, the individual involved has the right

to be present during the executive session discussions that involve him or her;
to have counsel or a representative of his or her own choosing present and attending for the purpose of advising the individual and not for the purpose of active participation; and
to speak on his or her own behalf.

· To discuss strategy with respect to collective bargaining or litigation when an open meeting may have a detrimental effect on the bargaining or litigating position of the committee; to conduct strategy sessions in preparation for negotiations with nonunion personnel; or to conduct collective bargaining sessions or contract negotiations with nonunion personnel.

· To discuss deployment of security personnel or security devices.

· To investigate charges of criminal misconduct or discuss the filing of criminal complaints.

· To consider the purchase, exchange lease, or value of real property if an open discussion may have a detrimental effect on the negotiating position of the committee.

· To comply with the provisions of any general or special law or any federal grant-in-aid requirements.

· To consider and interview applicants for employment using a preliminary screening committee or appointed subcommittee if an open meeting will have a detrimental effect in obtaining qualified applicants. The executive session privilege does not apply to any meeting to consider and interview applicants who have passed a primary or preliminary screening.

· To meet or confer with a mediator with respect to any litigation or decision on any business within the committee’s jurisdiction involving another party, provided that any decision to participate in mediation will be made in open session and that the parties, issues involved, and purpose of the mediation are disclosed. The committee cannot take action on those issues without deliberation and approval in an open meeting.

The Open Meeting Law requires that school committees maintain accurate records of every meeting, including subcommittee meetings and meetings held in executive session. The records of each meeting become a public record and are available to the public, with the exception of executive session records that may remain secret for only as long as publication may defeat the lawful purposed of the executive session. Records of each meeting must include the date, time, place, members present or absent, and actions taken.

The committee’s open meeting minutes should include a list or brief statement of all topics presented, discussed, or acted on by the committee. However, the minute need not contain an exhaustive narrative of all of the details of each topic. The minutes should include a brief statement of the topics discussed and highlights of important information presented.

LEGAL REF.: M.G.L. 39:23A; 39:23B

CROSS REF.: BDE, Subcommittee of the School Committee

BE, School Committee Meetings

KEB, Public Complaints about School Personnel

Agawam Public Schools 2003

(Approved by School Committee on June 10, 2003 by a vote of 7 – 0)