All meetings of the Board shall be open to the public except that at any regular or special meeting the Board may proceed into executive session upon a majority vote of two-thirds of the quorum present.The Board shall not make final policy decisions nor shall any resolution, policy, or regulation be adopted or approved nor shall any formal action of any kind be taken during any executive session. The Board is authorized to approve written minutes of an executive session in executive session, if written minutes are taken.
The Board may hold an executive session for the sole purpose of considering any of the following matters:
Adoption Date: December 10, 2001
Last Revised: December 12, 2022
- Purchase, acquisition, lease, transfer or sale of any real, personal, or other property. However, no executive session shall be held to conceal the fact that a member of the Board has a personal interest in such property transaction.
- Conferences with an attorney for the purpose of receiving legal advice on specific legal questions. The mere presence or participation of an attorney at an executive session shall not be sufficient to satisfy this requirement.
- Matters required to be kept confidential by federal or state law or regulations. An announcement will be made indicating the specific citation to state or federal law, which is the reason the matter must remain confidential.
- Specialized details of security arrangements or investigations.
- Determination of positions relative to matters that may be subject to negotiations, development of strategy for negotiations, including strategies for negotiations relating to collective bargaining or employment contracts, and instruction of negotiators. Collective bargaining negotiations and employment contract negotiations shall occur in a public meeting, unless an executive session is otherwise allowed.
- Personnel matters except if an employee who is the subject of an executive session requests an open meeting. If the personnel matter involves more than one employee, all of the employees must request an open meeting.
Discussion of personnel policies that do not require discussion of matters specific to particular employees are not considered "personnel matters."
The Teacher Employment, Compensation and Dismissal Act ("TECDA") shall prevail in teacher dismissal hearings. ( TECDA provides that a dismissal hearing shall be open unless either the administration or employees requests the hearing be closed.)
Discussions concerning a member of the Board, any elected official, or the appointment of a Board member are not considered "personnel matters".
- Consideration of any documents protected under the mandatory nondisclosure provision of the Colorado Open Records Act ("CORA"), except that consideration of work product documents and documents subject to the governmental or deliberative process privilege shall occur in a public meeting, unless an executive session is otherwise allowed.
- Discussion of individual students where public disclosure would adversely affect the person or persons involved.
- Interviews of superintendent finalists and prioritization of finalists; however, superintendent finalists shall also be interviewed in a public forum.
- Negotiations concerning the terms of an employment contract with one or more superintendent finalists if the Board has named more than one candidate as a finalist and has held a public forum to conduct interviews with each of the finalists.
| Cross References: | KDB – Public’s Right to Know/Freedom of Information |
| Legal References: | C.R.S. § 22-32-108(5) (meetings of the Board of Education) |
| C.R.S. § 22-32-108(5)(d) (executive session minutes) | |
| C.R.S. § 22-32-109.4 (meeting at which collective bargaining discussed open to public) | |
| C.R.S. § 22-63-101 et seq. (TECDA) | |
| C.R.S. § 24-6-402 (Colorado Open Meetings Law) | |
| C.R.S. § 24-6-402(4)(executive session requirements for local bodies) | |
| C.R.S. § 24-72-200.1 et seq. (CORA) | |