A. 
The school board shall take no official action after 12:00 midnight and before 7:00 a.m., actual time.
B. 
Executive sessions shall be subject to the following:
1. 
The school board may recess to meet in executive session if first convened in a meeting and then a motion to convene into an executive session that specifies the purpose of the executive session as clearly and specifically as possible without defeating the purpose is passed affirmatively by the majority. In executive session, members of the public may be excluded during which the body considers, but takes on action on, except to give direction to an attorney or labor negotiator regarding a specific legal matter or pending labor negotiation, only the following subjects:
a. 
Matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the school district;
b. 
Labor negotiations with school district employees or other matters that, if immediately disclosed, would tend to affect adversely the finances of the school district;
c. 
Subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion;
d. 
Matters which by law, municipal charter or ordinance, or the terms of labor contracts are required to be confidential;
e. 
Matters involving consideration of government records that by law are not subject to public disclosure; or
f. 
A specific legal matter, including pending litigation.
2. 
No official action may be taken in executive sessions. The public shall be excluded and the session shall be electronically recorded. The tapes shall be available for public access according to the following schedule:
a. 
If the session concerns pending litigation, the release date shall be when all causes of action have been resolved by final judgment or when further claims arising from the matter are otherwise barred.
b. 
If the session concerns labor negotiations, the release date shall be one year following the expiration of the labor contract that is the subject of the negotiations.
c. 
If the session concerns matters provided for in subsection B.1.b of this section, except labor negotiations, the release date shall be a date certain set by the school board at the conclusion of the executive session.
d. 
If the session concerns matters which tend to defame or injure the reputation of persons or concerns matters provided for in section B.1.d of this section, the school board may set a release date or may provide that no release shall occur.
e. 
If the session concerns matters required by law to be confidential or consideration of government records which by law are not subject to public disclosure, the release date shall be when such matters or documents are disclosable.
3. 
The school board may extend the time periods set forth in subsection B.2 of this section only for good cause shown.
4. 
Notwithstanding any provisions of chapter 3.90 to the contrary, tapes or minutes of an executive session shall be available only to school board members or authorized school administrative staff until the date of release, if any, as authorized under the provisions set forth in this section.
C. 
The agenda for the regular school board meetings shall be public information and shall be published on the school district's website not less than 32 hours prior to any regular school board meeting.
D. 
Any school board member who discloses to a third party confidential information which was properly discussed in executive session shall be subject to such action as the school board is empowered to do by law.
E. 
In addition to the notice requirements of this title and any other notice requirements adopted by the school board, notice of meetings of the school board and its committees and other subordinate units shall conform to chapter 1.25. For purposes of the school board, an ad hoc committee shall be under the definition of task force in that chapter.
(AO No. 92-91(S); AO No. 94-132, § 8, 8-25-1994; AO No. 2009-134, § 1, 1-12-2010; AO No. 2025-91, § 12, 1-1-2026)
A member of the school board may be removed from office for breach of the public trust following the procedures set forth in this section.
A. 
Willful and knowing breach of duty or culpable indifference to official duties may constitute a breach of the public trust. For the purposes of this section, actions constituting a breach of the public trust shall include, but are not limited to:
1. 
Acceptance of cash gifts from one doing business with the school district;
2. 
Violation of chapter 1.15;
3. 
Perjury;
4. 
Falsification of records;
5. 
Filing false reports;
6. 
Nepotism;
7. 
Making personal use of municipal or school district property;
8. 
Destruction of municipal or school district property;
9. 
Actual or attempted official misconduct, as defined by state law;
10. 
Unexcused absence from three consecutive meetings;
11. 
Failure to attend 75 percent of meetings in a 24-month period; or
12. 
Substantial breach of a statutory-, Code-or Charter-imposed duty.
B. 
Proceedings for removal from office may only be initiated by delivery of an accusation document to the municipal clerk setting forth the grounds for removal and specifying if delivery is to the school board or the board of ethics. An accusation document may be submitted to municipal clerk only by a majority vote of the school board or a decision of the municipal board of ethics and must allege specific actions by the school board member in question which breach the public trust.
C. 
After a successful vote to submit it, the municipal clerk shall cause a copy of the accusation document to be delivered by personal service to the members of the school board who are the subjects of the accusation document and a copy delivered to the municipal attorney.
D. 
The municipal attorney shall review the accusation document for legal sufficiency. The municipal attorney shall determine the legal sufficiency of the allegations within ten days of receipt of the accusation document. If the municipal attorney determines that the allegations are legally insufficient, the removal action shall be discontinued. The municipal attorney's determination, if it rejects the accusation document, may be appealed to the superior court within 30 days. No interlocutory appeal is permitted from a determination by the municipal attorney that the accusation document is legally sufficient. Following a determination by the municipal attorney that the accusation document is legally sufficient, the school board shall employ an attorney of the accused's choice, subject to the limitations of this subsection, to defend the charges. The attorney selected must be engaged in the active practice of law in the state. The fees charged by the attorney must be reasonable in both the rate and the amount of time expended. Reasonableness shall be evaluated in accordance with Alaska Bar Rule 35 and shall be subject to fee arbitration under the Alaska Bar Rules if the school district disputes the reasonableness of the fees claimed.
E. 
Within two weeks following the service of an accusation document, the municipal clerk shall request six names be submitted as potential hearing officers by the American Arbitration Association. Three of the names submitted should be from the state and three from out of state. From these names the school board and the accused shall agree upon a hearing officer who shall conduct the hearing concerning the allegations in the accusation document. If no agreement is reached within ten days of distribution of the list of potential hearing officers, the hearing officer shall be selected by each side exercising preemptory challenges to the six potential names in turn until only one remains. If more than one school board member is the subject of the accusation document or the alleged breach arises out of the same event, the same hearing officer shall hear those matters and may hold one consolidated hearing.
F. 
A hearing conducted by an appointed hearing officer shall be held no later than 30 days following appointment of the hearing officer. The hearing shall be open to the public and, unless otherwise provided in this section, shall be conducted in accordance with the procedures set forth in chapter 3.60, however the hearing officer shall expedite the matter within the required times set forth in this section and chapter 3.60 and shall grant extensions only for good cause. Good cause must be based upon matters either beyond the control of the party making application or conditions which would create a significant hardship if a continuance is not granted. Within ten days following the conclusion of the public hearing, the hearing officer shall submit written findings and recommendations to the school board. The recommendations shall include whether the official should be removed.
G. 
The standard of proof of the allegations in the accusation document to be applied by the hearing officer is clear and convincing evidence. The hearing officer shall evaluate the evidence relating to the accusations set forth in the accusation document and evaluate both whether the allegations are supported and whether those actions alleged constitute a breach of the public trust. Wrongful acts or admissions occurring while the officer was acting in a private capacity as opposed to his or her capacity as a public officer shall not constitute a breach of the public trust as set forth in subsection A of this section.
H. 
Within ten days of receiving the hearing officer's recommendations, the school board shall vote on whether to remove the member who is the subject of an accusation document. If more than one member is involved, a separate vote shall be taken on the question of removal of each school board member who is the subject of accusations. Removal shall occur only upon concurrence of two-thirds of the fully constituted body.
I. 
The decision of the school board acting upon the recommendations of the hearing officer may be appealed to the superior court within 30 days of the school board's decision. If the school board's decision is for removal, the office shall be considered vacant beginning at 12:01 a.m. seven days following the decision unless the appellate court issues a stay of the removal pending appeal. In evaluating whether to grant a stay of removal pending appeal the facts that the removed member could miss important votes or that another individual may be seated to replace the removed member shall not constitute irreparable harm. During a stay, unless otherwise ordered by the court the seat is considered vacant and shall be filled in accordance with Charter section 7.02(a) pending the outcome of the court case. If, after exhaustion of appeals, the final ruling reverses the removal, the removed member shall be reseated for the remainder of the term for which elected, and any replacement, whether appointed or elected at a special election, shall be displaced.
J. 
The school board shall submit specific written findings for the record showing good cause in the event that the school board intends to reject the hearing officer's recommendation.
(AO No. 93-54(S-1), 5-5-1993; AO No. 2022-60(S), § 5, 7-12-2022)