LAUREL SPRINGS SCHOOL DISTRICT

Public and Executive Sessions                                                                                                                                     Policy #9322

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The board of education shall officially transact all business at a legal meeting of the board in accordance with New Jersey law.

All meetings of the board of education shall be open to the public with the exception of meetings to discuss:

A. Any matter which by express provision of state or federal law or rule of court shall be rendered confidential;

B. Any matter in which the release of information would impair a right to receive federal funds;

C. Any material the disclosure of which constitutes an unwarranted invasion of individual privacy, unless the individual (or all the individuals) concerned shall request in writing that the same be disclosed publicly. This includes information contained in pupil records, and any reports or recommendations concerning a specific individual (see 1120 for "needless public labeling");

D. Any collective bargaining agreement or the terms and conditions which are proposed for inclusion in any collective bargaining agreement, including the actual negotiating sessions with representatives of employee groups;

E. Any matter involving the purchase, lease or acquisition of real property (land or buildings) with public funds, where it could adversely affect the public interest if discussion of such matters were disclosed;

F. The tactics and techniques used in protecting the safety and property of the public, provided that their disclosure could impair such protection;

G. Any investigations of violations or possible violations of law;

H. Any pending or anticipated litigation or contract negotiations other than collective bargaining, and any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his/her ethical duties as a lawyer;

I. Any matter involving employment, appointment, termination, terms and conditions of employment, evaluation, promotion or disciplining of any prospective or current public employee or officer unless all the individual employees whose rights could be adversely affected request in writing that the matter be discussed at a public meeting;

J. Any deliberations occurring after a public hearing that may result in the imposition of a specified civil penalty or loss of license to an individual.

Such sessions shall be closed to the public and press, and shall be declared so by a formal motion at a public meeting. Minutes taken at such meetings shall remain confidential only so long as their publication would defeat the purpose of the executive session. That such a meeting will be or was held shall be recorded in the minutes of the preceding or subsequent regular meeting. Board members and other persons attending the session are honor-bound not to disclose the topic or details of discussion at executive session.

The board may invite staff members or others to attend executive sessions at its discretion.

No official action shall be taken at executive sessions, except such as may be sanctioned by law. To take final action on any other matter discussed, the board shall convene or reconvene in open session.

Public Participation

1. Meetings of the board are open to the public and all members of the community should feel free to attend. A time for public discussion of agenda items shall be included in the order of business at an appropriate time.

1. Brief comments on any matter of interest to the district should be reserved for the time provided in the order of business.

1. Provision may be made for the introduction by a member of the public of business not on the agenda when the matter is of such urgency or wide interest that delaying consideration of it to the next meeting would not be in the public interest.

1. Grievances or complaints that have not previously been considered through administrative channels shall not be considered by the board.

1. A participant must be recognized by the presiding officer and must preface comments by an announcement of his or her name, place of residence, and group affiliation, if appropriate.

1. Each statement made by a participant shall be limited to three minutes duration, unless a special provision has been discussed with the presiding officer prior to the meeting.

1. No participant may speak more than once on the same topic until all others who wish to speak on that topic have been heard.

Policy #9322

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1. All statements shall be directed to the presiding officer; no participant may address or question Board members individually.

1. All requests to speak from board members and the audience shall be addressed to the presiding officer.

1. The presiding officer shall designate who will respond to given questions.

1. The presiding officer may interrupt, warn, or terminate a participant's statement when the statement is too lengthy, personally directed, abusive, obscene, or irrelevant; request any individual to leave the meeting when that person does not observe reasonable decorum; request the assistance of law enforcement officers in the removal of a disorderly person when that person's conduct interferes with the orderly progress of the meeting; and call for a recess or an adjournment to another time when the lack of public decorum so interferes with the orderly conduct of the meeting as to warrant such action.

1. The presiding officer shall be responsible for the orderly conduct of the meeting and shall have the right to rule on the appropriateness of remarks. Remarks will be ruled out of order when they are judged by the presiding officer to be insulting, profane, damaging to specific individuals or irrelevant to the question. Any board member has the right to appeal the ruling and if there is a second, a vote will be taken.

 

First Reading:  March 2008

Adopted:

Revised:

Legal References:         N.J.S.A. 2C:33-8                     Disrupting meetings and processions

N.J.S.A. 10:4-6

through -21                              Open Public Meetings Act

N.J.S.A. 18A:10-6                   Board meetings public; frequency; hours of commencement; adjournment,

 etc., for lack of quorum

N.J.S.A. 18A:11-1                   General mandatory powers and duties

N.J.S.A. 18A:54-20                 Powers of board (co. vocational schools)

Rice v. Union City Bd. of Ed., 143 NJ Super 64 (1978