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BDC - Executive Sessions

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Code: BDC
Adopted: 10/21/08
Revised/Readopted: 4/18/17; 11/14/23
Orig. Code(s): BDC

The Board may meet in executive session to discuss subjects allowed by statute but may not take final action except for the expulsion of a student and matters pertaining to or examination of the confidential records of the student.

An executive session may be included as an agenda item of an existing meeting, in accordance with Board policy BDDC, Board Meeting Agenda, or held as its own meeting. Proper notice is required.

If open session is held prior to the executive session, the presiding officer will announce the executive session by identifying the authorization under Oregon Revised Statute (ORS) 192.660 or ORS 332.061 for holding such session and by noting the subject of the executive session.

The Board may hold an executive session:

  1. To consider the employment of a public officer, employee, staff member or individual agent.1 (ORS 192.660(2)(a))

  2. To consider the dismissal or disciplining of, or to hear complaints or charges brought against, a public officer 2 , employee, staff member or individual agent who does not request an open hearing. (ORS 192.660(2)(b))

  3. To conduct deliberations with persons designated by the governing body to carry on labor negotiations. (ORS 192.660(2)(d))

  4. To conduct deliberations with persons designated by the governing body to negotiate real property transactions. (ORS 192.660(2)(e))

  5. To consider information or records that are exempt by law from public inspection. (ORS 192.660(2)(f))

  6. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. (ORS 192.660(2)(h))

  7. To review and evaluate the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member who does not request an open hearing. (ORS 192.660(2)(i))

  8. To consider matters relating to school safety or a plan that responds to safety threats made toward a school. (ORS 192.660(k))

  9. To consider matters relating to the safety of the governing body and of public body staff and volunteers and the security of public body facilities and meeting spaces. (ORS 192.660(2)(o))

  10. To consider matters relating to cyber security infrastructure and responses to cyber security threats. (ORS 192.660(2)(p))

  11. To review the expulsion of a minor student from a public elementary or secondary school. (ORS 332.061(1)(a))

  12. To discuss matters pertaining to or examination of the confidential records of a student. (ORS 332.061(1)(b))

Members of the press may attend executive sessions except those matters pertaining to:

  1. Deliberations with persons designated by the Board to carry on labor negotiations; and

  2. Hearings on the expulsion of a minor student or examination of the confidential records of a student; and

  3. Current litigation or litigation likely to be filed if the member of the news media is a party to the litigation or is an employee, agent or contractor of a news media organization that is a party to the litigation.

If an executive session is held pursuant to ORS 332.061, the following shall not be made public: the name of the minor student; the issue, including the student’s confidential records; and each Board member’s vote on the issue.

Minutes shall be kept for all executive sessions.

Content discussed in executive sessions is confidential except as provided by law. Board members and the media are instructed not to disclose information obtained in executive session except when specifically authorized to do so or as required by law.

END OF POLICY

1 This provision does not apply to the filling of a vacancy in elective office or on any public committee, commission or other advisory group; or for the consideration of general employment policies. Prior to holding an executive session under ORS 192.660(2)(a), the Board must ensure:

a. The vacancy has been advertised;
b. Regular hiring procedures have been adopted;
c. If hiring an officer, the public has had the opportunity to comment on the employment of the officer;      and
d. If hiring a chief executive officer, the Board has adopted hiring standards, criteria and policy directives in meetings open to the public in which the public has had the opportunity to comment on the standards, criteria and policy directives.

2 To determine whether the individual involved is considered a public officer, consult with legal counsel. 

Legal Reference(s):