FILE:  BCBK

 

EXECUTIVE SESSIONS

 

 

The East Baton Rouge Parish School Board, or any of its committees, shall be authorized to hold executive sessions upon an affirmative vote, taken at an open meeting for which notice has been given in accordance with state law, of two-thirds (⅔) of the members present.  The vote of each member on the question of holding an executive session and the reason for holding such an executive session shall be recorded and entered into the minutes of the meeting.

 

Such executive sessions shall be restricted only to matters allowed to be exempted from discussion at open meetings.  No final or binding action shall be taken at such a closed meeting; nor shall such closed meetings be used as a subterfuge to defeat the statutory intent for conducting executive sessions.

 

Executive sessions shall be attended only by members of the School Board, the Superintendent, the School Board's General Counsel and any other persons designated by the School Board President.  All matters discussed in any closed meeting shall be regarded as confidential by all persons in attendance and shall not be divulged to the public.

 

A School Board member with a disability recognized by the Americans with Disabilities Act  (ADA) and unable to be physically present in order to be counted for the meeting and to attend an executive session shall be allowed to participate and vote in a meeting and any executive session via electronic means via teleconference or video conference.  The member shall provide notice to the President and the Superintendent of the need for the accommodation.

 

Executive sessions may be held for the following reasons:

 

  1. Discussion of the character, the professional competence, physical or mental health of a person, provided that such person is notified in writing at least twenty-four (24) hours, exclusive of Saturdays, Sundays, and legal holidays, before the scheduled time contained in the notice of the meeting at which such executive session is to take place, and that such person may require that such discussion be held at an open meeting.  However, an executive session shall not be used for discussion of the appointment of a person to the School Board or, except as provided in La. Rev. Stat. Ann. §39:1593, for discussing the award of a public contract.  In cases of extraordinary emergency, written notice to such person shall not be required; however, the School Board shall give such notice as it deems appropriate and circumstances permit.

  2. Strategy sessions or negotiations with respect to collective bargaining or litigation, when an open meeting would have a detrimental effect on the bargaining or litigating position of the School Board.  Attached to the written public notice of the meeting shall be whether or not such matters will be discussed in an executive session.  The notice shall indicate the following:

 

A statement identifying the court, case number, and the parties relative to any pending litigation to be considered at the meeting.

 

A statement identifying the parties involved and reasonably identifying the subject matter of any prospective litigation for which formal written demand has been made that is to be considered at the meeting.

 

In cases of extraordinary emergency, such notice shall not be required; however, the School Board shall give such notice of the meeting as it deems appropriate and circumstances permit.

 

  1. Discussion regarding the report, development, or course of action regarding security personnel, plans, or devices, including discussions concerning cybersecurity plans, financial security procedures, and assessment and implementation of any such plans or procedures.

  2. Investigative proceedings regarding allegations of misconduct.

  3. Cases of extraordinary emergency, which shall be limited to natural disaster, threat of epidemic, civil disturbances, suppression of insurrections, or the repelling of invasions, or other matters of similar magnitude.

  4. Discussions between the School Board and individual students or the parents or tutors of such students, or both, who are within the jurisdiction of the respective school system, regarding problems of such students, their parents, or tutors.  Such a discussion may be held in open meetings at the request of the student, parent or tutor.

  5. Any other matters now provided for or as may be provided for by the Legislature.

 

Revised:  October 20, 2011

Revised:  November 20, 2014

Revised:  October 19, 2023

 

 

Ref:    La. Rev. Stat. Ann. §§17:81, 42:12, 42:13, 42:14, 42:16, 42:17, 42:17.2.1, 42:19, 42:24, 42:25, 42:26, 42:27, 42:28

Board minutes, 10-20-11, 11-20-14, 10-19-23

 

East Baton Rouge Parish School Board