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1st |
12/12/06 |
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New |
X |
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2nd |
12/12/06 |
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Revised |
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Approved |
12/12/06 |
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Substitute |
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002.0440 SCHOOL BOARD MEETINGS
COMBINES AND REPLACES
002.0440 SCHOOL BOARD MEETINGS (LAST APPROVED 9/22/87), 002.0442 SPECIAL
MEETINGS (LAST APPROVED 10/17/85), AND 002.0443 EXECUTIVE SESSIONS (LAST
APPROVED 10/17/85).
1.0 BOARD MEETINGS
1.1 Meeting Defined
“Meeting”
means the convening of the Board with a quorum present, whether in person or by
means of electronic equipment, for the purpose of discussing or acting upon a
matter over which the Board has jurisdiction, including a workshop or executive
session. However, a “meeting” does not include a chance meeting; or meetings
where no funds are appropriated for expenditure and board members are convened
solely to discuss administrative or operational matters which do not require
formal action.
1.2 Open to the Public
Every meeting of the Board shall be open to the
public unless closed pursuant to Utah Code Ann. §§ 52-4-204, 52-4-205, and
52-4-206.
1.3 Public Recording
All or any part of the proceedings in any open
board meeting may be recorded by any person in attendance provided that the
recording does not interfere with the conduct of the meeting.
1.4 Quorum
A majority of the members of the Board shall
constitute a quorum for meetings of the Board.
1.5 Training Sessions For Board Members
1.5.1
In the event the Board or any of its members
meet for the purpose of receiving or participating in instruction regarding
Board functions or activities, and not for the purpose of discussing or action
upon a subject over which the Board has jurisdiction, the Board is not required
to comply with the Utah Open and Public Meetings law, Utah Code Ann. §52-4-1 et
seq.
1.5.2
If
more than two Board members are present in such meetings, the Board members
shall not discuss or act upon any specific matter over which it has
jurisdiction. Board members will discuss only matters relative to the
instruction they receive.
1.5.3
If
Board members determine in an instructional meeting that there is a need to
discuss or act upon a subject over which the Board has jurisdiction then the
Board and its members must comply with the Open and Public Meetings law, UCA
§52-4-1 et seq., prior to discussing or acting upon such matters.
2.0 BOARD MEETINGS: NOTICE
REQUIREMENTS
2.1 Public Notice of Annual
Meeting Schedule
At least once each year, the Board shall give
public notice of its annual meeting schedule. The notice shall specify date,
time and place of such meetings.
2.2 Notice of Specific
Meetings
In addition, the Board shall provide public
notice of each meeting at least 24 hours in advance of each meeting; such
notice shall include the agenda, date, time and place of the meeting.
2.3 Action Limited to
Meeting Agenda
Where a meeting agenda must be included in the
required public notice of a Board meeting (as stated in the paragraph above),
that agenda shall be sufficiently specific to notify the public of the topics
to be considered at the Board meeting. To be sufficiently specific, the agenda
shall at least list each anticipated topic under an agenda item in a manner which
identifies the subject of discussion and if known the nature of the Board
action being considered on the subject. The Board may not consider a topic in
an open meeting which was not listed under an agenda item and included with the
advance public notice of the meeting. If an unlisted topic is raised during an
open meeting, the Board may discuss the topic but may not take any final action
on the topic during the meeting.
2.4 Giving Notice of Meeting
Public notice of each
open Board meeting shall be given by:
2.4.1
Posting
written notice at the local Board of Education office; and,
2.4.2
Providing
notice to at least one newspaper of general circulation within the geographic
jurisdiction of the public body, or to a local media correspondent.
2.5 Emergency Meeting
In case of emergency or urgent public necessity
which renders it impractical to give the notice identified in the paragraphs
above, the best notice practicable shall be given. No such emergency meeting of
the Board shall be held unless an attempt has been made to notify all of its
members and a majority of the members vote in the affirmative to hold the
meeting.
2.6 Annual Budget Meeting
Notice
In addition to complying with the aforementioned
public notice requirements, in regards to the budget hearing, the Board shall
do the following:
2.6.1
Publish
the required newspaper notice at least one week prior to the hearing; and
2.6.2
File
a copy of the proposed budget with the Board’s business administrator for
public inspection at least ten days prior to the hearing.
2.6.3
In
addition, if the proposed budget includes a tax rate in excess of the certified
tax rate, or if the Board is meeting to consider whether to adopt a tax rate in
excess of the certified tax rate, the Board shall provide the notices and
schedule the meeting as required by Utah Code Ann. §§59-2-918 and 59-2-919.
2.7 Budget Appropriation
Increase Meeting Notice
In addition to complying with the aforementioned
public notice requirements, if the Board is meeting to consider a request to
increase a budget appropriation, it shall publish the required newspaper notice
of such meeting at least one week prior to the hearing.
3.0 BOARD MEETINGS;
RECORDINGS AND MINUTES
3.1 Open Meeting Recording
and Minutes
Written minutes and a recording shall be kept of
all open board meetings except site visits or traveling tours where no vote or
action is taken by the Board, for which either a recording or written minutes
shall be kept. The recording shall be a complete and unedited recording of all
open portions of the meeting from the commencement of the meeting until the
meeting’s adjournment. Such recording and minutes shall include:
3.1.1
The
date, time and place of the meeting;
3.1.2
The
names of the members present and absent;
3.1.3
The
substance of all matters proposed, discussed, or decided, and a record, by
individual member, of votes taken;
3.1.4
The
names of all citizens who appeared and a brief summary of their testimony;
3.1.5
Any
other information that any member requests be entered in the recording and
minutes.
3.2 Closed Meeting Recording
and Minutes
A recording shall be kept of all closed meetings
and written minutes may be kept of closed meetings, except when the reason for
closing the meeting is the discussion of personal information (the character,
professional competence, or health of an individual) or security issues. When
kept, recordings of closed meetings shall be complete and unedited recordings
of all portions of the closed meeting. Where a meeting is closed for the
purpose of discussing either security issues or the character, professional
competence, or health of an individual, the meeting shall not be recorded and
no minutes shall be kept. Such recordings, and any minutes shall include:
3.2.1
The
date, time and place of the meeting;
3.2.2
The
names of members present and absent; and
3.2.3
The
names of all others present except where such disclosure would compromise the
confidential nature of the issues being discussed or otherwise infringe the
privacy rights of the others present.
3.3 Approval of Meetings
The Board of Education will approve the Board
meeting minutes in the next regularly scheduled Business meeting from when the
minutes were taken. The meeting minutes will become official and accessible as
a public document after the Board of Education’s approval of the minutes. Only
the written minutes will be stored and kept on file according to the rules of
State Archives. Recordings will not be kept after approval of the written
minutes.
3.4 Secret Ballot
No vote shall be taken by secret ballot.
3.5 Closed Meeting
Recordings and Minutes are Protected
All recordings and minutes of closed meetings
are hereby designated as “Protected Records” under the Government Records
Access Management Act.
4.0 BOARD MEETINGS: CLOSED
MEETINGS
4.1 Closed Meetings
A closed meeting may be held upon a two-thirds
affirmative vote of the board members present at a meeting for which public
notice was given pursuant to Utah Code Ann. §52-4-202, providing a quorum is
present. No resolution, rule, regulation, contract of appointment shall be
approved at a closed meeting, nor may the Board interview an applicant to fill
an elected position at such a meeting. The recording and minutes of the open meeting
at which the vote is taken to hold a closed meeting shall contain the reason or
reasons for holding a closed meeting and the votes, by name, of the members
present, either for or against the proposition to hold such a meeting.
4.2 Purposes of Closed Meetings
Closed meetings may only be held for the
following purposes:
4.2.1
Discussion
of the character, professional competence, or physical or mental health of an
individual;
4.2.2
Strategy
sessions with respect to collective bargaining or pending or imminent litigation;
or
4.2.3
Strategy
sessions with respect to the purchase, exchange, or lease of real property if
public discussion may disclose the appraised or estimated value of the property
or tend to prevent the Board from obtaining the best possible terms; or
4.2.4
Strategy
sessions with respect to the sale of real property if public discussion may
disclose the appraised or estimated value of the property or tend to prevent
the Board from obtaining the best possible terms, but only if the Board
previously gave public notice that the property would be offered for sale, and
the terms of the sale are publicly disclosed before the Board approves the
sale; or
4.2.5
Discussion
regarding deployment of security personnel, devise, or systems; or
4.2.6
Investigative
proceedings regarding allegations of criminal misconduct.
4.3 If the meeting is closed
for any reason stated in subsections 4.2.1-4.2.5 listed above, then the person
presiding must sign a sworn statement affirming that the sole purpose of
closing the meeting was to discuss those specific topics, and neither a
recording nor minutes shall be kept of that portion of the closed meeting.
5.0 BOARD MEETINGS; MEETING
LOCATION
5.1 Meeting Location
The Board shall hold its regularly scheduled
meetings at the location specified in its annual notice of meetings, and shall
hold other meetings at the location specified in the public notice of such
meeting.
5.2 Location of Workshops or
Executive Sessions
Where the Board holds a workshop or executive
session on the same day as a regularly scheduled Board meeting, the workshop or
executive session must be held at the same location as the regularly scheduled
meeting, unless:
5.2.1
The
regularly scheduled meeting is not being held where those meetings are usually
held, and the workshop or executive session is held at the usual meeting
location; or
5.2.2
Any
of the meetings being held on the same day is a site visit or traveling tour
for which appropriate public notice has been given; or
5.2.3
The
workshop or executive session is an electronic meeting and the requirements for
holding such a meeting have been satisfied; or
5.2.4
Because
of emergency or extraordinary circumstances, it is not practicable to hold the
workshop or executive session at the regular location where Board meetings are
held.
6.0 BOARD MEETINGS:
ELECTRONIC MEETINGS
6.1 Electronic Meetings
Authorized
The Board authorizes its meetings to be held
through electronic means as set forth in this policy. Such electronic means may
include communications by telephone, telecommunications, computer, or similar
methods of remote communication. Unless specifically stated by this policy, the
other policies governing Board meetings (relating to notice, meetings being
open to the public, and other matters) also apply to Board meetings held
through electronic means.
6.2 Definitions
The following terms are
used in this policy:
6.2.1
Primary
location: A designated physical location from which the electronic meeting
originates or to which participants are connected.
6.2.2
Electronic
notice: electronic mail (email) or fax.
6.3 Member Request Required
for an Electronic Meeting
A Board meeting may be held as an electronic
meeting only upon request of a member of the Board. This request must be made
at least 3 days prior to the time that the Board meeting is scheduled, so that
the necessary arrangements can be made for the electronic meeting.
6.4 Notice to Board Members
of an Electronic Meeting
After an electronic meeting has been scheduled,
and at least 24 hours before the meeting, the members of the Board shall be
notified of the electronic meeting and informed how members of the Board will
be connected to the meeting.
6.5 Primary Location at
Regular Meeting Location
The primary location for the electronic meeting
shall be in the building where the Board meeting would have been held if it
were not held electronically.
6.6 Electronic Meeting Not
Available for Site Visit or Traveling Tour
When the scheduled meeting is a site visit or
traveling tour, the meeting my not be conducted or convened electronically.
6.7 Public Notice of an
Electronic Meeting
The Board shall post written notice of the
electronic meeting at the primary location at least 24 hours prior to the
electronic meeting. The notices of the electronic meeting shall specify the
primary location of the meeting.
In addition to providing and posting the notices
required for other Board meetings, the Board shall provide at least 24 hours’
advance written or electronic notice of the electronic meeting to
6.7.1
A
newspaper of general circulation within the state; and
6.7.2
A
local media correspondent.
6.8 Public Access to
Electronic Meetings
Members of the public are not entitled to
monitor or attend electronic meetings except through the space and facilities
provided at the primary location. (Members of the public cannot request an
electronic meeting and do not have the right to be remotely connected to a
Board meeting except as set forth in this section.)
6.8.1
“Monitor”
means to hear and/or see, live, all statements made by each Board member in the
meeting (by speaker, computer screen, or other medium).
6.8.2
“Participate”
means to be able to communicate with all Board members in the meeting such that
each Board member can hear or see the communication.