However, the Board has to abide by strict rules in how it conducts Executive Sessions. In the Meeting Agenda, it needs to list what will/may be discussed in the Executive Session. The OMA only lists certain things that can be discussed. These are as follows:
So here is an actual agenda item from a Mustang Board Meeting:Per 25 O.S. § 307 (OSCN 2023), Oklahoma Open Meeting Act
B. Executive sessions of public bodies will be permitted only for the purpose of:
1. Discussing the employment, hiring, appointment, promotion, demotion, disciplining or resignation of any individual salaried public officer or employee;
2. Discussing negotiations concerning employees and representatives of employee groups;
3. Discussing the purchase or appraisal of real property;
4. Confidential communications between a public body and its attorney concerning a pending investigation, claim, or action if the public body, with the advice of its attorney, determines that disclosure will seriously impair the ability of the public body to process the claim or conduct a pending investigation, litigation, or proceeding in the public interest;
5. Permitting district boards of education to hear evidence and discuss the expulsion or suspension of a student when requested by the student involved or the student's parent, attorney or legal guardian;
6. Discussing matters involving a specific handicapped child;
7. Discussing any matter where disclosure of information would violate confidentiality requirements of state or federal law;
8. Engaging in deliberations or rendering a final or intermediate decision in an individual proceeding pursuant to Article II of the Administrative Procedures Act;
9. Discussing matters involving safety and security at state penal institutions or correctional facilities used to house state inmates;
10. Discussing contract negotiations involving contracts requiring approval of the State Board of Corrections, which shall be limited to members of the public body, the attorney for the public body, and the immediate staff of the public body. No person who may profit directly or indirectly by a proposed transaction which is under consideration may be present or participate in the executive session; or
11. Discussing the following:
a. the investigation of a plan or scheme to commit an act of terrorism,
b. assessments of the vulnerability of government facilities or public improvements to an act of terrorism,
c. plans for deterrence or prevention of or protection from an act of terrorism,
d. plans for response or remediation after an act of terrorism,
e. information technology of the public body but only if the discussion specifically identifies:
(1) design or functional schematics that demonstrate the relationship or connections between devices or systems,
(2) system configuration information,
(3) security monitoring and response equipment placement and configuration,
(4) specific location or placement of systems, components or devices,
(5) system identification numbers, names, or connecting circuits,
(6) business continuity and disaster planning, or response plans, or
(7) investigation information directly related to security penetrations or denial of services, or
f. the investigation of an act of terrorism that has already been committed.
For the purposes of this subsection, the term "terrorism" means any act encompassed by the definitions set forth in Section 1268.1 of Title 21 of the Oklahoma Statutes.
So legally, the District has to specify which part of the Open Meeting Act they are using to justify the Executive Session. In this case Section 307(b)(1). And if you look above, that section is valid:J. Executive Session: The Board of Education will consider and may vote to convene in Executive Session.
1. Proposed executive session to conduct on-going evaluation of the superintendent. 25 O.S. Section 307(b)(1)
Now, there have been cases where the Board has conducted interviews for Board appointments during executive session. The Open Meeting Act doesn't expressly say you can do that, however the State AG office has basically said it is okay. HOWEVER, I strongly believe that such interviews should be conducted in public. The public has a right to know how the interviews went, to help ensure the Board is voting for the best candidate and not just their best friend. When the position is elected, the public gets to hear all about the candidates and vote for the one they feel is best. Why should Board appointments be any different? I feel there is a certain underhandedness in play by the District in hiding these interviews in an Executive Session.B. Executive sessions of public bodies will be permitted only for the purpose of:
1. Discussing the employment, hiring, appointment, promotion, demotion, disciplining or resignation of any individual salaried public officer or employee;