Closed session admin days 2014

So you want to go into closed session Karen Haase Bobby Truhe Harding & Shultz (402) 434-3000 schoollaw@hslegalfirm.com H & S School Law @KarenHaase @btruhe

Intent of the Act “It is hereby declared to be the policy of this state that the formation of public policy is public business and may not be conducted in secret.�

Closed/Executive Session • Only two general reasons for closed session articulated in the Act: ‒ prevention of needless injury to a person’s reputation ‒ Protection of the public interest

Closed Session for “Personnel”  The statute does not permit closed session to discuss “personnel” • Repeat it after us: The statute does not permit closed session to discuss “personnel”

What does the statute say?

Injury to reputation appears twice:  Prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting  Evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting

How to Discuss Staff 1. Determine if board will be “evaluating job performance” 2. Determine if person’s reputation may be needlessly injured 3. Inform the staff member he/she may be discussed at board meeting 4. Do NOT put name on agenda 5. Script

A special note on Superintendent Evaluations‌ Scottsbluff Public Schools Board of Education Questions: 1. Will the evaluation be a mixture of positive and negative?

2. Will negative be interspersed with positive?

3. Has superintendent requested open session?

Closed Session for “Public Interest”  Must be “clearly necessary for the protection of the public interest”  Examples in the statute • • • • •

Collective Bargaining Real Estate Purchase Litigation Deployment of security devices Investigations of criminal conduct

How to Discuss Real Estate 1. Determine if board will be conducting a “strategy session� about real estate purchases 2. Determine if closed session is necessary for protection of public interest 3. Script 4. In closed session: board can give instructions to negotiator

How to Discuss Litigation 1. Determine if board will discuss litigation which is “pending” or “imminent” 2. Determine if closed session is necessary for protection of public interest 3. Script 4. Do not have to list caption or litigants on agenda

How to Get Into Closed Session  Vote taken in open session  Must record the following in minutes: • Entire motion • Vote of each member • Time when closed session begins and ends

 If motion passes, president restates the limited subject matter for closed session

Closed Session Procedure  Must reconvene in open session before taking any “formal action”  “Formal action” means collective decision or collective commitment or promise to make a decision on any question, motion, proposal, resolution, order, or ordinance or formation of a position or policy

How to Exit Closed Session  Chicken/Egg problem  We have settled on voting in open session  Must record the following in minutes: • Entire motion • Vote of each member • Time when closed session begins and ends

So you want to go into closed session Karen Haase Bobby Truhe Harding & Shultz (402) 434-3000 schoollaw@hslegalfirm.com H & S School Law @KarenHaase @btruhe