BDC - Closed Meetings

File:  BDC


A.  Closed meetings may be held only in accordance with Virginia law, for purposes including the following:


1.         Discussion, consideration or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of the School Board.  Any teacher shall be permitted to be present during a closed meeting in which there is a discussion or consideration of a disciplinary matter which involves the teacher and some student and the student involved in the matter is present, provided the teacher makes a written request to be present to the presiding officer of the School Board.


2.         Discussion or consideration of admission or disciplinary matters or any other matters that would involve the disclosure of information contained in a scholastic record concerning any student in the Buena Vista City school system. However, any such student, legal counsel and, if the student is a minor, the student's parents or legal guardians shall be permitted to be present during the taking of testimony or presentation of evidence at a closed meeting, if such student, parents or guardians so request in writing and such request is submitted to the presiding officer of the School Board.


3.         Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the School Board.


4.         The protection of the privacy of individuals in personal matters not related to public business.


5.                  Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community.


6.                  The investing of public funds where competition or bargaining is involved, where if made public initially the financial interest of the School Board would be adversely affected.


7.                  Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the School Board; and consultation with legal counsel employed or retained by the School Board regarding specific legal matters requiring the provision of legal advice by such counsel.  For purposes of this subdivision, “probable litigation” means litigation which has been specifically threatened or on which the School Board or its legal counsel has a reasonable basis to believe will be commenced by or against a known party.  The closure of a meeting is not permitted merely because an attorney representing the School Board is in attendance or is consulted on a matter.


8.         Discussion or consideration of honorary degrees or special awards.

9.         Discussion or consideration of tests or examinations or other records excluded from public disclosure pursuant to Va. Code § 2.2-3705.1.


10.       Discussion of strategy with respect to the negotiation of a siting agreement or to consider the terms, conditions, and provisions of a siting agreement if the School Board in open meeting finds that an open meeting will have an adverse effect upon the negotiating position of the School Board or the establishment of the terms, conditions and provisions of the siting agreement, or both.  All discussions with the applicant or its representatives may be conducted in a closed meeting.


11.       Discussion or consideration of medical and mental records excluded from disclosure under Va. Code § 2.2-3705.5.


12.              Discussion of plans to protect public safety as it relates to terrorist activity.


B.        No resolution, ordinance, rule, contract, regulation or motion adopted, passed or agreed to in a closed meeting shall become effective unless the School Board, following the meeting, reconvenes in open meeting and takes a vote of the membership on such resolution, ordinance, rule, contract, regulation or motion which shall have its substance reasonably identified in the open meeting.


Adopted:        06/27/05; 08/23/04



 Legal Ref.:            Code of Virginia, 1950, as amended, § 2.2-3711.

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