1. The Board may
enter into executive session for the transaction of public business; provided,
however, all meetings shall commence as an open meeting, and an affirmative
vote of three-fifths (3/5) of all members present shall be required to declare
an executive session.
procedure to be followed by the Board in declaring an executive session shall
be as follows: Any member shall have the right to request by motion a closed
determination upon the issue of whether or not to declare an executive session.
Such motion, by majority vote, shall require the meeting to be closed for a
preliminary determination of the necessity for executive session. No other
business shall be transacted until the discussion of the nature of the matter
requiring executive session has been completed and a vote, as required in
subsection one (1) hereof, has been taken on the issue.
3. An executive session shall be limited to
matters allowed to be exempted from open meetings by subsection four (4) of
this section. The reason for holding such an executive session shall be stated
in an open meeting, and the reason so stated shall be recorded in the minutes
of the meeting. Nothing in this section shall be construed to require that any
meeting be closed to the public, nor shall any executive session be used to
circumvent or to defeat the purposes of this chapter.
The Board may hold an executive session
pursuant to this section for one or more of the following reasons:
a. Transaction of business and discussion of
personnel matters or the character, professional competence, or physical or
mental health of a person.
Strategy sessions or negotiations with respect to prospective litigation,
litigation or assurance of an appealable order when an open meeting would have
a detrimental effect on the litigating position of the Board.
c. Transaction of business and discussion
regarding the report, development or course of action regarding security
personnel, plans or devices.
Investigative proceedings regarding allegations of misconduct or violation of
e. Cases of extraordinary
emergency which would pose immediate or irrevocable harm or damage to persons
and/or property within the jurisdiction of the Board.
f. Transaction of business and discussion
regarding the prospective purchase, sale or leasing of lands.
g. Transaction of business and discussion
concerning the preparation of tests for admission to practice in recognized
h. Transaction of
business and discussions or negotiations regarding the location, relocation or
expansion of a business or an industry.
i. Transaction of business and discussions
regarding employment and termination of employees. The exemption provided by
this paragraph includes the right to hold closed meetings concerning employees
as such exemption relates to their deletion from any budget subject to approval
of this Board. Final budgetary adoption shall not be taken in executive
5. The total
vote on the question of entering into an executive session shall be recorded
and spread upon the minutes.
such vote whereby executive session is declared shall be applicable only to
that particular meeting on that particular day.