BCBK: Executive Session

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The board shall conduct executive sessions only as provided by law, specifically the Kansas Open Meetings Act ("KOMA").

Sample Motion

Motions to recess into executive session may be constructed as follows.

"I move that the board go into executive session to [fill in subject(s)] pursuant to [fill in justification from 1-7 enumerated below] and that the open meeting shall resume at [fill in time] in the board room."

A subject of executive session would be the matter or issue presented for discussion, and the board member must include a brief description of the subject(s) to be discussed in the motion while still protecting important privacy interests. For example, the subject could be to discuss an individual employee's performance, to hold a student discipline appeal hearing, to discuss potential litigation with our legal counsel, and/or any other matters as would appropriately fit under the justification to be utilized.

Acceptable justifications for recessing into executive session include the following:

  1. The non-elected personnel exception under KOMA;
  2. The exception for matters which would be deemed privileged in the attorney-client relationship under KOMA;
  3. The exception for employer-employee negotiations under KOMA;
  4. The exception for data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships under KOMA;
  5. The exception relating to actions adversely or favorably affecting a student under KOMA,
  6. The exception for preliminary discussion of the acquisition of real property under KOMA;
  7. The exception under KOMA for school security matters to ensure the security of the school, its buildings, and/or its systems is not jeopardized.

NO BINDING ACTION SHALL BE TAKEN DURING CLOSED OR EXECUTIVE SESSIONS.

When a motion is made to go into executive session, all blanks the sample motion must be filled in.

The time the board will return to the open meeting and the room in which the meeting will resume will be specifically stated. If necessary, the executive session may be extended with another motion made after the board returns to open session.

Approved: February 5, 2018