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Jamestown School Board has scheduled a special meeting Friday at 5:15 p.m. to discuss a “personnel issue.”
The school board is meeting in the Central Office Conference Room at 207 2nd Ave. SE.
Shortly after convening, the board is scheduled to discuss a personnel issue relating to 15.1-15-07 of the North Dakota Century Code, which is titled “Discharge for cause – Grounds.”
The board is then scheduled to go into executive session “to discuss a personnel issue based up NDCC 15.1-15-10 (2) and 44-04-19.1 (2) and 44-04-19.2 NDCC,” according to the meeting’s agenda. The board is scheduled to return to open session prior to adjourning.
School officials say they can not elaborate on what the personnel issue is about. Below is the meeting’s agenda, and the corresponding entries in the North Dakota Century Code.
JAMESTOWN SCHOOL BOARD
SPECIAL MEETING AGENDA
I. Call to order and recognition of audience:
A. Pledge of Allegiance
II. Personnel Issue NDCC 15.1-15-07
III. Executive Session to discuss a personnel issue based upon NDCC 15.1-15-10 (2) and 44-04-19.1 (2) and 44-04-19.2 NDCC.
IV. Return to open session
V. Adjournment
North Dakota Century Code
15.1-15-07. Discharge for cause – Grounds.
The board of a school district may dismiss an individual employed as a teacher, a principal,
or as an assistant or associate superintendent prior to the expiration of the individual’s contract
for any of the following causes:
1. Immoral conduct.
2. Insubordination.
3. Conviction of a felony.
4. Conduct unbecoming the position held by the individual.
5. Failure to perform contracted duties without justification.
6. Gross inefficiency that the individual has failed to correct after written notice.
7. Continuing physical or mental
15.1-15-10. Suspension during discharge proceeding – Compensation.
2. The board shall address the matter of the individual’s suspension in an executive
session, unless both the board and the individual agree that the matter may be
addressed in the presence of others or at an open meeting of the board.
44-04-19.1. Open records and open meetings – Exemptions for attorney work product, attorney consultation, and negotiation preparation.
2. Attorney consultation is exempt from section 44-04-19. That portion of a meeting of a
governing body during which an attorney consultation occurs may be closed by the
governing body under section 44-04-19.2.
44-04-19.2. Confidential or closed meetings.
1. A governing body may hold an executive session to consider or discuss closed or
confidential records.
2. Unless a different procedure is provided by law, an executive session that is
authorized by law may be held if:
a. The governing body first convenes in an open session and, unless a confidential
meeting is required, passes a motion to hold an executive session;
b. The governing body announces during the open portion of the meeting the topics
to be discussed or considered during the executive session and the body’s legal
authority for holding an executive session on those topics;
c. The executive session is recorded under subsection 5;
d. The topics discussed or considered during the executive session are limited to
those for which an executive session is authorized by law and that have been
previously announced under this subsection; and
e. Final action concerning the topics discussed or considered during the executive
session is taken at a meeting open to the public, unless final action is otherwise
required by law to be taken during a closed or confidential meeting. For purposes
of this subsection, “final action” means a collective decision or a collective
commitment or promise to make a decision on any matter, including formation of
a position or policy, but does not include guidance given by members of the
governing body to legal counsel or other negotiator in a closed attorney
consultation or negotiation preparation session authorized in section 44-04-19.1.
3. The remainder of a meeting during which an executive session is held is an open
meeting unless a specific exemption is otherwise applicable.
4. The minutes of an open meeting during which an executive session is held must
indicate the names of the members attending the executive session, the date and time
the executive session was called to order and adjourned, a summary of the general
topics that were discussed or considered that does not disclose any closed or
confidential information, and the legal authority for holding the executive session.
5. All meetings of the governing body of a public entity that are not open to the public
must be recorded electronically or on audiotape or videotape. The recording must be
disclosed pursuant to court order under subsection 2 of section 44-04-18.11 or to the
attorney general for the purpose of administrative review under section 44-04-21.1.
The attorney general may not disclose to the public any recording received under this
subsection and must return the recording to the governing body upon completion of
the administrative review. The recording may be disclosed upon majority vote of the
governing body unless the executive session was required to be confidential.
Disclosure of the recording by a public servant except as provided in this subsection is
a violation of section 12.1-13-01. All recordings under this subsection must be retained
for a minimum of six months after the executive session that is the subject of the
recording.
6. A public entity may sequester all competitors in a competitive selection or hiring
process from that portion of a public meeting wherein presentations are heard or
interviews are conducted.