Executive (Closed) Session Meetings

Adopted On: 8/20/2014

Last Reviewed On: 2/15/2023

Last Updated On: 2/15/2023

Georgia Cyber Academy Board Executive (Closed) Session Meetings

The Board of Georgia Cyber Academy adopts the following policy, effective on the date of adoption by the Board.

This policy establishes expectations for conducting executive (closed) session meetings.

SECTION 1.  Purpose of Executive (Closed) Session Meetings

SECTION 1.1.  The Governing Board acknowledges its responsibility to comply with Georgia’s Open Meetings Act.

SECTION 1.2.  Pursuant to the exceptions enumerated by the Open Meetings Act, the board may find it necessary to close a portion of its meeting to discuss matters directly related to the exceptions enumerated in law. Executive (closed) sessions shall comply with all laws pertaining to the actions of public policy-making bodies.

SECTION 1.3.  Pursuant to Georgia’s Open Meetings Act, the Board may call an executive (closed) session to discuss matters permitted by law, including but not limited to the following:

  1. To review an appeal from a Student Disciplinary Tribunal [Hearing Officer, Panel]; (OCGA 20-2-757)
  2. To consider a matter involving the disclosure of personally identifiable information from a student’s educational records; (20 USC 1232g.)
  3. To authorize negotiations to purchase, dispose of, or lease property; (OCGA 50-14-3(b)(1)(B))
  4. To authorize the ordering of an appraisal related to the acquisition or disposal of real estate; (OCGA50-14-3(b)(1)(C))
  5. To enter into a contract or option to purchase, dispose of or lease property, subject to approval in a subsequent public vote; (OCGA 50-14-3(b)(1)(D, E))
  6. To discuss or deliberate upon the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee, but not when receiving evidence or hearing argument on charges filed to determine disciplinary action:  (OCGA 50-14-3(b)(2))
  7. To consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the school district or an officer or employee or in which the officer or employee may be directly involved; (OCGA 50-14-2)
  8. To discuss tax matters which are confidential by state law; (OCGA 50-14-2)
  9. To discuss records (or portions thereof) exempt from public inspection or disclosure pursuant to Article 4 of Chapter 18 of Title 50. (OCGA 50-18-72)

SECTION 2.  Executive (Closed) Session Protocol

SECTION 2.1.  The specific reasons for closure of a public meeting shall be recorded in the official minutes of the Board.

SECTION 2.2.  Meetings shall not be closed to the public except by a majority vote of a quorum present for the meeting.

SECTION 2.3.  The minutes shall reflect the names of the members present and the names of those voting for closure.

SECTION 2.4.  Georgia law requires that following any executive session the Board Chair or other presiding officer execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception.

SECTION 2.5.  The Board President or other presiding officer shall, at the conclusion of each meeting where at least a portion was closed, complete and sign an affidavit stating the reasons for the closure of the meeting.

SECTION 2.6.  Board resolution shall not be conducted in executive (closed) session.  All voting shall be conducted in a public board meeting.