Executive session: Mays, shalls, and shall nots
Everyone knows what executive sessions are for, right? Personnel. Right?

Well, maybe, maybe not. So maybe what everyone knows is wrong.

Executive sessions of school board meetings are covered – that is, created and limited – by the Arkansas Freedom of Information Act (FOIA), specifically Section 25-10-106 of the Arkansas Code. Now, it does provide that executive sessions are to be used for personnel purposes, but ONLY to consider:

1. Employment;
2. Appointment;
3. Promotion;
4. Demotion;
5. Disciplining; or
6. Resignation, of any public officer or employee.

There’s one other thing: You may go into executive
session to interview a candidate for the position
of Superintendent, but for NO OTHER position.

That’s it. Nothing else.

There are provisions for closed sessions for dismissal proceedings for employees, for grievance hearings, and for student expulsions, but those are dealt with under different statutes. Those aren’t FOIA situations.

Okay, so you’ve gone into an executive session, discussed something perfectly legal, and you just can’t wait to get out of the meeting and tell someone what went on in executive session. So, you tell your wife/husband, best friend, or some reporter who wants to know. This scenario should be pure fantasy, because if you’re four years old, you can’t be a board member. What does that mean?

It means that you’ve been elected to a very important position, with lots of responsibility, including people’s trust in your integrity and the good name of your employees. If you go about telling others what was discussed, you’ve failed in both of those responsibilities. Completely.

There’s a reason executive sessions are closed to outside ears: The matters discussed there are, get this, confidential. Secret. Stuff only a certain, very select group of people are to know about. That’s one big reason why only grownups get to be board members. The laws assume that only someone mature enough to handle the responsibilities of the office will take those positions.

If you’ve been talking to anyone other than those who were in your executive sessions, it’s not too late to stop. Stop now, and forever. Your position vests you with the duty to do what is best for the school district, its employees and, especially, the students. If you’re talking about goings-on in executive sessions, you’ve also blown it on those responsibilities. Only a majority of a board can decide what’s best for the district, etc. You can’t make that unilateral determination.

Also, you should know that, if you violate the confidentiality of an executive session, there might be recourse against you, civilly and criminally, for a violation of the FOIA. It has never been decided whether that will entitle someone to invoke the FOIA in a civil and/or criminal proceeding, but don’t push it. Loose lips sink ships. You, too.

Let me remind you, also, that there are other ways for people to sue you (and the school whose interests you’re supposed to be protecting) for such a violation of executive session confidentiality. So. Moral of the story: Protect yourself and your school. Don’t talk about executive session discussions – or otherwise communicate what was discussed – with anyone other than your board members and whoever else might have been in the executive session. It just might be the best thing you do for your school and for yourself.

Previous Article (September 2007)- Private emails on school computers? No such thing

Next Article (February 2008)- Hey Prez: No vote is a 'nay' vote

Related Links:
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Past Issues of The Reporter
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Arkansas Study Circles Project
Texas-Arkansas Purchasing Agreement (TAPS)

Related Downloads (pdf):
ASBA Handbook for Arkansas School Board Members