Hudson School District SAU 81 • 20 Library Street • Hudson NH 03051 • (603) 883-7765

Policy 1.2 (k) - Policy on Entering Non-Public Session

POLICY NUMBER: 1.2(k)

Page #1 of 2 Pages

ADOPTED: 8/11/03

First Reading: 7/14/03 Second Reading: 8/11/03

The Hudson School Board believes that, as a publicly elected Board, it should conduct the public’s business to the greatest extent possible in open session.

RSA 91-A:3 II provides certain conditions under which the School Board MAY enter into non-public session. These conditions are:

  1. The dismissal, promotion or compensation of any public employee or the disciplining of such employee, or the investigation of any charges against him, unless the employee (1) has a right to a meeting and (2) requests that the meeting be open, in which case the request shall be granted.
  2. The hiring of any person as a public employee.
  3. Matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of the body or agency itself, unless such person requests an open meeting.
  4. Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community.
  5. Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the body or agency or any subdivision thereof, or against any member thereof because of his membership in such body or agency, until the claim or litigation has been fully adjudicated or otherwise settled.

 

The School Board believes that entering non-public session should not be a routine matter. Accordingly, even when it is permissible to enter non-public session under subparagraphs (a) – (c) above, the Board will generally enter non-public session ONLY when the nature of the business is particularly sensitive. In those cases where persons involved with the business at hand request a public session, the Board will honor those requests at all times, as required by law.

In most cases, votes on matters discussed in non-public session will be taken in subsequent public session. In only the most extreme of cases will actual votes be taken in non-public session, or will the Board vote to seal non-public minutes. Absent any vote to seal minutes, any minutes of non-public sessions will be voted upon in public session and be available to the public.

The School Board generally WILL enter non-public session under subparagraphs (d) and (e) above, since premature disclosure of information in these circumstances could be injurious to the general public. Final agreements in these circumstances will be made public.

Finally, state law recognizes that discussions with legal counsel and negotiations with labor unions are special circumstances and are termed “non-meetings.” These non-meetings are not subject to a required vote of the Board, nor are the discussions held in these non-meetings subject to minutes or public disclosure. The final results of actions taken in these circumstances will be made available to the public.