Executive Session Law
Maine School Administrative District No. 31
EXECUTIVE SESSION LAW
I. To enter Executive Session, a Board must:
A. Start with a public meeting;
B. Have a public recorded vote of 3/5 of members present and voting; and
C. State the precise nature of business in motion to enter executive session. The
nature of each matter must be stated if more than one.
II. Restrictions during Executive Session:
A. Only matters stated in the motion may be considered;
B. No official actions shall be finally approved; and
C. No public record shall be kept.
III. Items 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:
1. Only when public discussion could be reasonable 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
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
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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 substantial disadvantage.
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: Title I MRSA Sec. 405
Cross Reference: BDC – Executive Sessions
First Reading: 08/21/1996