Margo,
Following is a part of an email I receive from Dr. Patterson when I asked about the executive session.
Since he has been doing this a while I would think he understands the Open Meetings Act better than most and would do everything to ensure it was done properly and in accordance with the law.
Let me know if you have any other questions.
Arlan
1. The training of the Board and committees, as well as the work of the committees and board in developing questions for the interviews will be "work sessions." Work sessions are open to the public so anyone who wants to spend 2 to 4 hours listening to the discussion are welcome to attend, although they will not be able to participate.
2. The part being conducted under executive session is for the screening process in which only the board members and those they invite are welcome to attend. Without quoting all the law which is many pages long, The Open Meetings Act, NMSA 1978, Chapter 10, Article 15 lists the many reasons a meeting for the Board to be conducted in public. 10-15-1.H lists meetings in which the public meeting is not required. Paragraph (3) of that section states: Limited personnel matters; provided that for purposes of the Open Meetings Act, 'limited personnel matters' means the discussion of hiring, promotion, demotion, dismissal, assignment or resigantion of or the investigation or consideration of complaints or charges against any individual employee......."
An example of this is given further on in the Compliance Guide in example #42: "A school board meets to consider applicants for the position of superintendent. Discussion of the applicant's qualifications is conducted in closed session, but the final decision or vote of the board with respect to hiring one of the applicants as superintendent must be taken in public session."
A commentary on that example included in the Compliance Guide also states: It may appear that to require final actions to be taken in open session is a meaningless formality since the actual deliberations may be closed. This requirement, however, serves the purpose of ensuring that all final actions on personnel matters are announced publicly and the position of each member on the issue is recorded in the official minutes."
Selecting finalists to be interviewed would fall under the same standards as the actual hiring discussion because the qualifications and in many cases confidential information regarding those candidates will be discussed.
As for the actual interviews on April 7, again, those are "work sessions" which are open to the public should they desire to spend 8 hours observing the process. Although they may "observe," they may not participate or interfere. The discussion by the board for the actual selection will again be an executive session with the actual open session and voting on the candidate being held on April 24.
Sent from my iPad
2. The part being conducted under executive session is for the screening process in which only the board members and those they invite are welcome to attend. Without quoting all the law which is many pages long, The Open Meetings Act, NMSA 1978, Chapter 10, Article 15 lists the many reasons a meeting for the Board to be conducted in public. 10-15-1.H lists meetings in which the public meeting is not required. Paragraph (3) of that section states: Limited personnel matters; provided that for purposes of the Open Meetings Act, 'limited personnel matters' means the discussion of hiring, promotion, demotion, dismissal, assignment or resigantion of or the investigation or consideration of complaints or charges against any individual employee......."
An example of this is given further on in the Compliance Guide in example #42: "A school board meets to consider applicants for the position of superintendent. Discussion of the applicant's qualifications is conducted in closed session, but the final decision or vote of the board with respect to hiring one of the applicants as superintendent must be taken in public session."
A commentary on that example included in the Compliance Guide also states: It may appear that to require final actions to be taken in open session is a meaningless formality since the actual deliberations may be closed. This requirement, however, serves the purpose of ensuring that all final actions on personnel matters are announced publicly and the position of each member on the issue is recorded in the official minutes."
Selecting finalists to be interviewed would fall under the same standards as the actual hiring discussion because the qualifications and in many cases confidential information regarding those candidates will be discussed.
As for the actual interviews on April 7, again, those are "work sessions" which are open to the public should they desire to spend 8 hours observing the process. Although they may "observe," they may not participate or interfere. The discussion by the board for the actual selection will again be an executive session with the actual open session and voting on the candidate being held on April 24.
Sent from my iPad
Hello Bill,The agenda for the special board meeting notes an executive session to discuss "limited personnel matters screening of superintendent candidates."
I have posted some information to my blog, www.cmsbears.net, which deals with the subject of screening of superintendent candidates.
My understanding of the open meetings act is that executive session is only warranted if discussing a specific applicant and that applicant's qualifications. At the last meeting, it didn't sound like there were any specific applicants yet.
Can you give me some more details as to what you are going into executive session for?
Thank youMargo
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