Thursday, May 6, 2021

What is G.L. c. 30A, §21(a)(1) and Why Caraviello and Hurtubise Allegedly Conspired to Protect vice president Adam Knight

  See G.L. c. 30A, §21(a)(1)

Section 21: Meeting of public body in executive session

Section 21. (a) A public body may meet in executive session only for the following purposes:

(1) To discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual. The individual to be discussed in such executive session shall be notified in writing by the public body at least 48 hours prior to the proposed executive session; provided, however, that notification may be waived upon written agreement of the parties. A public body shall hold an open session if the individual involved requests that the session be open. If an executive session is held, such individual shall have the following rights: 

 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter30A/Section21

 

Open Meeting Law Information https://www.mass.gov/info-details/frequently-asked-questions-about-the-open-meeting-law#frequently-asked-questions-about-public-bodies-

Frequently asked questions about evaluations

May a public body perform an evaluation of an employee in executive session?

No. Deliberations conducted for the explicit purpose of evaluating the professional competency of an individual may not occur during an executive session. See G.L. c. 30A, §21(a)(1). While conclusions drawn from deliberations about professional competency may be part of a deliberation for another executive session purpose, the evaluation of professional competency, itself, must occur during an open session. For example, as part of the discussion in preparation for renegotiating a superintendent's contract, a school committee may wish to consider the results of an annual professional competency evaluation. The evaluation results may be considered as part of deliberations about strategy held in executive session, however only after deliberations about professional competency were held during a previously convened open session.

 

 

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