Closed session in which the public is excluded shall be called only when the Wilkes County Board of Education deems it necessary to protect the interests of those involved and when it would best serve the needs of the public. Closed session may be called only to procure information or to discuss and consider solutions.
A. PERMITTED PURPOSES
By majority vote of its members present, the Board of Education may hold or retire to a closed session as permitted by law for the deliberation of the following:
1. to prevent the disclosure of information that is privileged or confidential pursuant to the law of this state or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes;
2. to prevent the premature disclosure of an honorary degree, scholarship, prize or similar awards;
3. to consult with an attorney employed or retained by the Board of Education in order to preserve the attorney-client privilege between the attorney and the Board of Education, including discussions on the handling or settlement of a claim, judicial action, mediation, arbitration or administrative procedure;
4. to discuss matters relating to the location or expansion of industries or other businesses in the area served by the Board of Education;
5. to establish, or to instruct the Board of Education's staff or negotiating agents concerning the position to be taken by or on behalf of the Board of Education in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract;
6. to consider and authorize the acquisition by gift or bequest of personal property offered to the public body or the government of which it is a part;
7. to consider and authorize the acquisition by any means of paintings, sculptures, objects of virtue, artifacts, manuscripts, books and papers, and similar articles and objects that are or will be part of the collections of a museum, library, or archive;
8. to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual employed or considered for employment with the school district; or to hear or investigate a complaint, charge or grievance by or against any individual employee;
9. to plan, conduct or hear reports concerning investigations of alleged criminal misconduct;
10. to hear, consider, and decide disciplinary cases involving students or pupils and questions of reassignment of pupils under G.S. 115-178; and
11. to identify candidates for, assess the candidates’ worthiness for and choose the recipients of honors, awards, honorary degrees, or citations bestowed by the public body.
B. ACTIONS WHICH MUST BE REPORTED OR TAKEN IN OPEN SESSION
While deliberations may occur in closed session, the following Board of Education actions must be taken or reported in open session:
• if the Board of Education has approved or considered a settlement in closed session, the terms of that settlement will be reported to the public body and entered into its minutes as soon as possible within a reasonable time after the settlement is concluded. The report should be made in open session unless there is a basis for the report to be heard only in closed session; and
• final action making an appointment or discharge or removal by the Board of Education having final authority for the appointment or discharge or removal.
C. REASONS EXPRESSLY PROHIBITED FOR CLOSED SESSIONS
The following are expressly prohibited by law as a basis for closed sessions:
• to discuss general policy matters or other issues that would be open merely because an attorney employed or retained by the Board of Education is a participant; and
• to consider the qualifications, competence, performance, character, fitness, appointment, or removal of a member of the Board of Education or another body or to consider or fill a vacancy among its own membership.
The Board of Education will meet in closed session only upon a motion duly made and adopted in public pursuant to G.S. 143-318.11(c). Every motion will cite one or more of the permissible purposes as provided in G.S. 143-318.11(a) and in this Board of Education policy. A motion based on the need to prevent the disclosure of information that is confidential or privileged will also cite or name the law that renders the information confidential or privileged. A motion based on the need to consider with an attorney employed by the Board of Education the handling or settlement of a lawsuit will identify the parties in the lawsuit.
E. MINUTES CLOSED SESSIONS
The Board of Education will keep minutes of all closed sessions. The minutes of the Board of Education will include a general account of the closed sessions so that a person not in attendance would have a reasonable understanding of what transpired. Notwithstanding the provisions of G.S. 132-6, minutes and other records made of an executive session may be withheld from public inspection so long as public inspection would frustrate the purpose of the executive session.
Legal Reference: G.S. 143, art. 33C
Adopted: January 9, 2006