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Vista USD |  BB  9321  Board Bylaws

Closed Session Purposes And Agendas   

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The Governing Board may hold Closed Sessions only for purposes identified by law. The Board may hold a Closed Session at any time during a Regular or Special meeting and during emergency meetings in accordance with law. (Government Code 54956.5, 54957.7, 54962)

The agenda shall contain a brief general description of all Closed Session items to be discussed. (Government Code 54954.2) Each item must be clearly identified to the maximum allowed by law, must be specific and not vague. No discussions or topics are to be held unless they are posted on the published agenda.

The Board shall disclose in open meeting the items to be discussed in Closed Session. In the Closed Session, the Board may consider only those matters covered in its statement. (Government Code 54957.7)

Votes taken in Closed Session will be reported out to the public in Open Session as soon as legally possible. Directions should only be given to staff after a Board vote.

No agenda, notice, announcement, or report required by the Brown Act need identify any victim or alleged victim of tortuous sexual conduct or child abuse unless the identity of the person has been publicly disclosed. (Government Code 54961)

In accordance with law, a Board member shall not disclose confidential information received in a Closed Session unless the Board authorized the disclosure of that information. (Government Code 54963)

Personnel Matters

The Board may hold Closed Sessions to consider the appointment, employment, evaluation of performance, discipline, or dismissal or an employee. These sessions shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. (Government Code 54957)

The Board may also hold Closed Sessions to hear complaints or charges brought against an employee by another person, unless the employee requests an Open Session. Before the Board holds a Closed Session on specific complaints or charges brought against an employee, the employee shall receive written notice of his/her right to have the complaints or charges heard in Open Session if desired. This notice shall be delivered personally or by mail at least 24 hours before the time of the session. (Government Code 54957)

(cf. 1312.1 - Procedures for Resolving Complaints Concerning Employees)

The Board may hold Closed Sessions to discuss employee's application for early withdrawal of funds in a deferred compensation plan when the application is based on financial hardship

arising from an unforeseeable emergency due to illness, accident, casualty, or other extraordinary event, as specific in the deferred compensation plan. (Government Code 54957.10)

Agenda items related to public employee appointments shall state: "Public Employee Appointment" and describe the position to be filled. Agenda items related to public employee employment shall state: "Public Employment" and describe the position to be filled. Agenda items related to performance evaluations shall state: "Public Employee Performance Evaluation" and specify the title of the employee being reviewed. Agenda items related to employee discipline, dismissal or release shall state: "Public Employee Discipline/Dismissal/Release" and require no additional information. (Government Code 54954.5)

Negotiations/Collective Bargaining

The Board may meet in Closed Session with the Board's designated representative regarding employee salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees. These Closed Sessions may include discussions of the district's available funds and funding priorities, but only insofar as they relate to providing instructions to the district's designated representative. (Government Code 54957.6)

Closed Sessions shall be for the purpose of reviewing the Board's position and instructing the Board's designated representative. Closed Sessions may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresentative employees. (Government Code 54957.6)

For represented employees, the Board may also meet in Closed Session to hear any other matter within the statutorily provided scope of representation. (Government Code 54957.6)

For unrepresented employees, Closed Sessions held pursuant to Government Code 54957.6 shall not include final action on the proposed compensation of one or more unrepresented employees. (Government Code 54957.6)

The Board also may meet in Closed Session with a state conciliator or a mediator who has intervened in these proceedings. (Government Code 54957.6)

Agenda items related to labor negotiations shall state: "Conference With Labor Negotiators" and specify the name of the district's designated representative(s) attending the Closed Session. If circumstances necessitate the absence of a specific designated representative, an agent or designee may participate in place of the absent representative as long as the name of the agent or designee is announced at an open session held prior to the closed session. The

agenda shall also specify the name of the organization representing the employee(s) or the position title of the unrepresented employee who is the subject of the negotiations. (Government Code 54954.5)

Matters Related to Students

The Board shall meet in Closed Session to consider a suspension, disciplinary action, or any other action, except expulsion, against a student when a public hearing on the matter would violate student privacy rights. If a written request for Open Session is received from the parent/guardian or adult student, it will be honored to the extent that it does not violate the privacy rights of any other student. (Education Code 35146, 48912, 49073-49079)

The Board shall meet in Closed Session to consider the expulsion of a student, unless the student submits a written request at least five days before the date of the hearing that the hearing be held in Open Session. Regardless of whether the expulsion hearing is conducted in Open or Closed Session, the Board may meet in Closed Session for the purpose of deliberating and determining whether the student should be expelled. (Education Code 48918)


adopted: August 18, 2011 Vista, California