BEC — Non-Public Sessions

The ConVal School Board may meet in non-public session for any of the purposes set out in RSA 91-A:3.  Upon a motion to enter a non-public session, the vote to enter non-public session shall be a recorded roll-call vote made in public session.  The motion calling for a non-public session shall indicate the general the matter(s) to be discussed and shall cite the applicable statutory exception(s) for entering the non-public session.  All discussions held in nonpublic session shall be confined to the matters set out in the motion.

The Board shall record minutes of all non-public sessions.  Minutes from a non-public session shall be made publicly available within 72 hours of the non-public session, unless the Board votes to seal the minutes.  The Board may seal minutes of a non-public session only by a two-thirds vote.  The vote to seal the minutes may occur in either the public or non-public session, but if it occurs in the non-public session, the Chair shall announce the vote when the Board comes out of the non-public session.  The Board shall only vote to seal minutes of non-public sessions if divulging such information would:

  1. Adversely affect the reputation of a person other than a member of the Board;
  2. Render a proposed board action ineffective; or
  3. Pertain to terrorism (matters relating to the preparation for and carrying out of all emergency functions, developed by local or state safety officials that are directly intended to thwart a deliberate act that is intended to result in widespread or sever damage to property or widespread injury or loss of life, including training to carry out such functions).

All student disciplinary matters arising under NH RSA 193:13 and Ed 317 shall be heard in non-public session unless the minor student’s parents or the adult student request that the matter be heard in public.

If the Board votes to seal the minutes, then Board members are prohibited from divulging to the public any information discussed in the non-public session.  Similarly, Board members are prohibited from discussing any documents that are exempt from disclosure to the public under RSA 91-A:5.  By adoption of this policy, the Board directs that sealed minutes of non-public sessions be made available for review by any Board member upon request.  However, non-public matters involving individual students progress shall not be accessed by an individual Board Member except to the extent that the Board deems there to be a legitimate educational interest in permitting such access.

When non-public minutes are sealed for an unspecified term, the Board, or a designated subcommittee of the Board, shall review the sealed minutes on at least an annual basis to determine if the basis for the seal still exists.  Upon review, if a majority of the Board or designated subcommittee believes that the basis for sealing the minutes no longer applies, the matter shall be presented to the Board for a vote on whether to unseal the minutes.

The Superintendent or his/her designated representative will attend all non-public sessions, except those non-public sessions that pertain to the Superintendent’s employment, provided the Superintendent  does not have a contractual right to attend the non-public session.

The Board may invite such employees, consultants, and representatives of the District as are deemed necessary to advise or inform the Board on a non-public matter to attend all or a portion of a non-public session.

Legal References:

         RSA 91-A:3, Non-Public Sessions

         RSA 91-A:4, Minutes and Records Available for Public Inspection

         RSA 91-A:5, Exemptions

         RSA 42:1-a, Oaths of Town Officers: Manner of Dismissal; Breach of Confidentiality

Category: Recommended

1st Read:  December 18, 2018

2nd Read:   January 8, 2019

Adopted:  January 8, 2019