Office of Information Practices

S Memo 09-13
April 24, 2009
Board of Education Executive Session Notice and Procedures

A member of the public asked whether the Board of Education (“BOE”) violated the Sunshine Law when it convened an executive session to evaluate Dr. James Shon, then Executive Director of the Charter School Administrative Office. 

OIP found that: 

(1) the agenda, which identified the matter to be considered in the executive session as “Evaluation of the Executive Director of the Charter School Administrative Office,” was sufficiently detailed to apprise the public of the BOE’s discussion on Dr. Shon, which reasonably included consideration of whether his performance justified continued employment; 

(2) the agenda provided reasonable notice to Dr. Shon of his evaluation, thereby allowing Dr. Shon to exercise his right to require the BOE to consider his evaluation in a meeting open to the public; and, 

(3) the BOE complied with the procedural requirements to convene its executive session by properly voting in an open meeting and publicly announcing the purpose of the executive session.