The Commonwealth of Massachusetts
PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION
5 Middlesex Avenue, 3rd Floor
Somerville, MA  02145
(617) 666-4446

POLICY NO:  97 - 003

Executive Sessions

The Public Employee Retirement Administration Commission (Commission) must
perform its oversight and management of affairs in an efficient and effective manner
compliant with Commonwealth laws, regulations and generally accepted operating
procedures consistent with the public purpose for the Commission’s creation. The
Commission therefor establishes this policy to further its efforts in providing the
appropriate level of authority and responsibility over the staff and issues coming before it.

The Commission recognizes that there will be times where the Commission must deal
with a sensitive issue that must be discussed away from direct public exposure. While
these occurrences will be the exception, the Commission in accordance with G.L. c.30A
hereby establishes this procedure to formalize the process it will use in these situations.

No executive session shall be held until the governmental body has first convened in an
open session for which notice has been given.

* A majority of the members is recorded in attendance and entered in the
minutes of the open meeting.

* The vote of each member is recorded and entered in the minutes of the open
meeting.

* The Chair of the Commission must cite the purpose for the executive
session.

* The Chair of the Commission must state before the executive session
whether the Commission will reconvene in open session after the executive
session.

Executive sessions may be held only for the following purposes:

1) To discuss the reputation, character, physical condition or mental health
rather than the professional competence of an individual, provided that the
individual to be discussed in such executive session has been notified in
writing by the governmental body, at least forty-eight hours prior to the
proposed executive session. Notification may be waived upon agreement of
the parties. The governmental body shall hold an open meeting if the
individual involved requests that the meeting be open. If an executive
session is held, such individual shall have the following rights:

a) to be present at such executive session during discussions or
considerations which involve that individual.

b) to have counsel or a representative of his own choosing present and
attending for the purpose of advising said individual and not for the
purpose of active participation in said executive session.

c) to speak in his own behalf.

2) To consider the discipline or dismissal of, or to hear complaints or charges
brought against, a public officer, employee, staff member, or individual,
provided that the individual involved in such executive session has been
notified in writing by the governmental body at least forty-eight hours prior
to the proposed executive session. Notification may be waived upon
agreement of the parties. The governmental body shall hold an open
meeting if the individual involved requests that the meeting be open. If an
executive session is held, such individual shall have the rights outlined in
(1) above.

3) To discuss strategy with respect to collective bargaining or litigation if an
open meeting may have a detrimental effect on the bargaining or litigating
position of the governmental body, and to conduct collective bargaining
sessions.

4) To discuss the deployment of security personnel or devices.

5) To investigate charges of criminal misconduct or to discuss the filing of
criminal complaints.

6) To consider the purchase, exchange, lease or value of real property, if such
discussions may have a detrimental effect on the negotiating position of the
governmental body and a person, firm or corporation.

7) To comply with the provisions of any general or special law or federal
grant-in-aid requirements.

A record or minutes of executive sessions shall also be maintained. The records of an
executive session may remain secret as long as publication may defeat the lawful
purposes of the executive session, but no longer.

No votes taken in executive session or open session shall be by secret ballot.

All votes taken in executive sessions shall be recorded and shall become a part of the
record of the executive session.

Adopted at Commission meeting on May 27, 1997.

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