Can we evaluate our superintendent on goals in executive session?
February 14, 2013
The executive session statute allows boards to evaluate the superintendent in executive session BUT it also says that the board can't discuss district goals during that time. Part of the CEO's responsibility is to assist in carrying out the district's goals and objectives, and they are responsible for program operation.
The statute that allows you to hold an the evaluation of the CEO in executive session is ORS 192.660(2)(i). It says "The governing body of a public body may hold an executive session to review and evaluate the employment related performance of the chief executive officer of any public body, a public officer, employee or staff member who does not request an open hearing." This evaluation can be held in executive session as long as the superintendent does not request that it be held in public. If your superintendent requests a public session, it must be held in public. The board has no further choice in the matter. Post it as an agenda item on the regular public agenda
The statute that limits that discussion is ORS 192.660(8) "A governing body may not use an executive session for purposes of evaluating a chief executive officer or other officer, employee or staff member to conduct a general evaluation of an agency goal, objective or operation..."
The important part of the statement above is `...general evaluation of an agency goal,..." That word `general' is very important to what we are talking about here. The statute indicates that you can't stray from evaluation of the CEO in executive session. As long as you are evaluating the CEO on those items you agreed to evaluate on when you set up the evaluation process, including the CEO's role in making progress towards district goals, you are OK because you aren't just talking about the districts progress toward goals `in general', but specifically with regards to the CEO's role in achieving those goals. It is a fine line, but an important one.
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