enter executive session, a board must:
A. Start with a public
B. Have a public recorded
vote of 3/5 of members present and voting; and
C. State in a motion the
precise nature of the business of the executive session and include in the
motion a citation of one or more sources of statutory or other authority that
permits an executive session for that business. If more than one matter is to
be discussed, the nature of each matter and the source(s) of authority for each
must be stated. When labor contracts are the subject of an executive session,
the parties must be named.
during executive session:
A. Only matters stated in
the motion may be considered.
B. No official actions shall
be finally approved.
C. No public record shall be
which may be discussed in executive session:
A. Discussion or
consideration of employment, appointment, assignment, duties, compensation,
evaluation, resignation, disciplining, promotion, demotion or dismissal of
public officials, appointees or employees or the investigation of charges or
complaints against persons, subject to the following conditions:
1. Only when public
discussion could be reasonably expected to cause damage to the reputation or
violate the individual's right to privacy;
2. Person charged or investigated
has right to be present;
3. Person charged or
investigated may request in writing that the investigation be conducted in open
session. Such requests must be honored; and
4. Any person bringing
charges shall be permitted to be present (does not specify participation).
B. Discussion or
consideration of suspension or expulsion of a student, the cost of whose
education is paid from public funds. The student and legal counsel (and parents
or guardian if student is a minor) shall be permitted to be present if student,
parents or guardian so desire.
C. Discussion or
consideration of the condition, acquisition or the use of real or personal
property only if premature disclosure would prejudice the bargaining position
of the body or agency.
D. Board discussion of labor
contracts and proposals and meetings may be held in executive session. (Negotiations between
the representatives of a public employer and public employees are closed unless
opened by agreement of both parties.)
E. Consultations between a
body or agency and its attorney concerning legal rights, pending litigation,
and settlement offers, when premature public knowledge would give the Board
F. Discussion of records
made, maintained or received by the body or agency, when access by the general
public is prohibited by statute.
Legal Reference: 1 MRSA § 405
Cross Reference: BEC - Executive Sessions
FIRST REVIEW: May 8, 2014
SECOND REVIEW: June 26, 2014