File: BDC
CLOSED MEETINGS
A
Closed meetings may be held by
the School Board or any committee thereof only in accordance with Virginia law,
for purposes including the following:
- Discussion, consideration or
interviews of prospective candidates for employment; assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of specific public officers, appointees or employees of the
School Board. Any teacher shall be permitted to be present during a closed
meeting in which there is a discussion or consideration of a disciplinary
matter which involves the teacher and some student and the student
involved in the matter is present, provided the teacher makes a written
request to be present to the presiding officer of the School Board.
- Discussion or consideration
of admission or disciplinary matters or any other matters that would
involve the disclosure of information contained in a scholastic record concerning
any student in the Alleghany County school system. However, any such
student, legal counsel and, if the student is a minor, the student's
parents or legal guardians shall be permitted to be present during the
taking of testimony or presentation of evidence at a closed meeting, if
such student, parents or guardians so request in writing and such request
is submitted to the presiding officer of the School Board.
- Discussion or consideration
of the acquisition of real property for a public purpose, or of the
disposition of publicly held real property where discussion in an open
meeting would adversely affect the bargaining position or negotiating
strategy of the School Board.
- The protection of the
privacy of individuals in personal matters not related to public business.
- Discussion concerning a
prospective business or industry or the expansion of an existing business
or industry where no previous announcement has been made of the business'
or industry's interest in locating or expanding its facilities in the
community.
- Discussion or consideration
of the investment of public funds where competition or bargaining is
involved, where if made public initially, the financial interest of the
School Board would be adversely affected.
- Consultation with legal
counsel and briefings by staff members or consultants pertaining to actual
or probable litigation, where such consultation or briefing in open
meeting would adversely affect the negotiating or litigating posture of
the School Board. For purposes of this subsection, “probable litigation”
means litigation which has been specifically threatened or on which the
School Board or its legal counsel has a reasonable basis to believe will
be commenced by or against a known party. The closure of a meeting is not
permitted merely because an attorney representing the School Board is in
attendance or is consulted on a matter.
8.
Consultation with legal counsel employed or
retained by the School Board regarding specific legal matters requiring the
provision of legal advice by such counsel. The closure of a meeting is not
permitted merely because an attorney representing the School Board is in
attendance or is consulted on a matter.
- Discussion or consideration of honorary
degrees or special awards.
- Discussion or consideration
of tests or examinations or other information used, administered or
prepared by a public body and subject to the exclusion in subdivision 4 of
Va. Code § 2.2-3705.1.
- Discussion of strategy with
respect to the negotiation of a hazardous waste siting agreement or to
consider the terms, conditions, and provisions of a hazardous waste siting
agreement if the School Board in open meeting finds that an open meeting
will have an adverse effect upon the negotiating position of the School
Board or the establishment of the terms, conditions and provisions of the
siting agreement, or both. All discussions with the applicant or its
representatives may be conducted in a closed meeting.
- Discussion or consideration
of medical and mental health records subject to the exclusion in
subdivision 1 of Va. Code § 2.2-3705.5.
- Discussion of plans to
protect public safety as it relates to terrorist activity or specific
cybersecurity threats or vulnerabilities and briefings by staff members,
legal counsel or law-enforcement or emergency service officials concerning
actions taken to respond to such matters or a related threat to public
safety; discussion of information
subject to the exclusion in subdivision 3 or 4 of Va. Code § 2.2-3705.2
where discussion in an open meeting would jeopardize the safety of any
person or the security of any facility, building, structure, information
technology system or software program; or discussion of reports or plans
related to the security of any governmental facility, building or
structure, or the safety of persons using such facility, building or
structure.
- Discussion or consideration
of information subject to the exclusion in subdivision 11 of Va. Code
§ 2.2-3705.6 (the Public
Private Education Facilities and Infrastructure Act) by the School Board or any independent review panel appointed to review information
and advise the School Board concerning such information.
- Discussion of the award of a
public contract involving the expenditure of public funds, including
interviews of bidders or offerors, and discussion of the terms or scope of
such contract, where discussion in an open session would adversely affect
the bargaining position or negotiating strategy of the School Board.
B
No resolution, ordinance, rule,
contract, regulation or motion adopted, passed or agreed to in a closed meeting
shall become effective unless the School Board, following the meeting,
reconvenes in open meeting and takes a vote of the membership on such
resolution, ordinance, rule, contract, regulation or motion which shall have
its substance reasonably identified in the open meeting.
C. The School
Board or any committee thereof may permit nonmembers to attend a closed meeting
of the Board or committee if such persons are deemed necessary or if their
presence will reasonably aid the Board or committee in its consideration of a
topic which is a subject of the meeting.
D. School
Board members may attend closed meetings held by any committee or subcommittee
of the Board, or a closed meeting of any entity, however designated, created to
perform the delegated functions of or to advise the Board. School Board members
shall in all cases be permitted to observe the closed meeting of the committee,
subcommittee or entity. In addition to the requirements of Va. Code § 2.2-3707, the minutes of the committee or
other entity shall include the identity of the School Board members who
attended the closed meeting.
Adopted: June
19, 2017
________________________________________________________________________________________________________________________________________________________
Legal Ref.: Code
of Virginia, 1950, as amended, §§ 2.2-3711, 2.2-3712.
Cross Ref.: BCE School Board
Committees
BCEA Disciplinary Committee
BCF Advisory Committees
to the School Board
BDDA Notification of School
Board Meetings
© 5/17 VSBA ALLEGHANY COUNTY
PUBLIC SCHOOLS