212 – CLOSED SESSIONS
Generally, board meetings will be open meetings, unless a closed session is provided for by law.
Closed sessions take place as part of an open meeting. The board may enter into a closed session for any reason permitted by law.
The item for discussion in the closed session will be listed as part of the tentative agenda on the public notice with the full text of the Iowa Code citation reference stated on the agenda. The motion for a closed session, stating the purpose for the closed session, will be made and seconded during the open meeting. A minimum of two-thirds of the board, or all of the board members present, if any are absent, must vote in favor of the motion on a roll call vote. Closed sessions will be recorded and have detailed minutes kept by the board secretary. No voting will take place in the closed session. Final action on matters discussed in the closed session will be taken in an open meeting.
The minutes and recording will restate the motion made in the open meeting, the roll call vote, the members present, and the time the closed session began and ended. The recordings and the written minutes will be kept for one year from the date of the meeting. Real estate related minutes and recordings will be made public after the real estate transaction is completed.
The detailed minutes recording will be sealed and will not be public records open to public inspection. The minutes recording will only be available to board members or opened upon court or administrative order in an action to enforce the requirements of the open meetings law. The board has complete discretion as to who may be present at a closed session, but generally closed sessions will be limited to the board, a recording secretary and the superintendent if indicated. The board has discretion to nominate the board secretary or any board member to serve as recording secretary for the closed session.
Reasons for the Board entering into a closed session from an open meeting include, but are not limited to, the following:
- To review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for the Board’s possession or receipt of federal funds.
- To discuss strategy with legal counsel in matters presently in litigation, or where litigation is imminent, if disclosure would be likely to prejudice or disadvantage the Board.
- To discuss whether to conduct a hearing for suspension or expulsion of a student, unless an open meeting is requested by the student or the parent of the student.
- To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when a closed session is necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.
- To discuss the purchase of particular real estate, but only when premature disclosure could be reasonably expected to increase the price the Board would have to pay for property.
Legal Reference: Iowa Code §§ 21; 22.7; 279.24.
Date of Adoption: February 14, 2022