1325 -CLOSED SESSIONS
The Board of Education, being the governing body of the Durham Public Schools Administrative Unit, exists solely to conduct the people's business. It is the public policy of the State of North Carolina and of this Board of Education that the hearings, deliberations, and actions of this Board be conducted openly. Closed sessions shall be held only when required to permit the Board to act in the public interest as provided by law.
1325.1 Permitted purposes.
By majority vote of its members present, the Board may hold or retire to a closed session as permitted by law for the deliberation of the following:
(1) To prevent the disclosure of information that is privileged or confidential pursuant to the law of this state or of the United States, or not considered a public record within the meaning of Chapter 132 of the North Carolina General Statutes;
(2) To prevent the premature disclosure of an honorary degree, scholarship, prize, or similar awards;
(3) To consult with an attorney employed or retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board, including discussions on the handling or settlement of a claim, judicial action, or administrative procedure;
(4) To discuss matters relating to the location or expansion of industries or other businesses in the area served by the Board;
(5) To establish, or to instruct the Board's staff or negotiating agents concerning the position to be taken by or on behalf of the Board in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract;
(6) To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual employed or considered for employment with the Durham Public Schools; or to hear or investigate a complaint, charge or grievance by or against any individual employee; and
(7) To plan, conduct, or hear reports concerning investigations of alleged criminal misconduct.
1325.2 Actions of the Board which must be reported or taken in open session.
While deliberations may occur in closed session, the following Board actions must be taken or reported in open session:
(1) If the Board has approved or considered a settlement in closed session, the terms of that settlement shall be reported to the public body and entered into its minutes as soon as possible within a reasonable time after the settlement is concluded. The report should be made in open session unless there is a basis for the report to be heard only in closed session.
(2) Final action making an appointment or discharge or removal of an employee or public officer by the Board, where it has final authority for the appointment or discharge or removal of the employee or public officer, shall be taken in an open meeting.
1325.3 Reasons expressly prohibited for closed sessions.
The following are expressly prohibited by law as a basis for closed sessions:
(1) To discuss general policy matters or other issues that would be open merely because an attorney employed or retained by the Board is a participant; and
(2) To consider the qualifications, competence, performance, character, fitness, appointment, or removal of a member of the Board or another body or to consider or fill a vacancy among its own membership.
1325.4 Maintaining confidentiality of closed session.
It is the duty of each Board member and staff member in attendance to maintain the confidentiality of information shared in closed session. All confidential materials distributed during closed session shall be returned to the Superintendent or the school board attorney (as appropriate) before the end of the closed session.
Legal Reference: G.S.115C-369;
Legal Reference: G.S.143-318.11
Adopted Effective: July 2, 1992
Revised Effective: July 1, 1999
Revised Effective: August 19, 1999
