II-03: Board Meetings
North Sanpete School District
Board Policy with Guidelines
|Policy Number: II-3
Effective Date: 12/16/1982
Revised Date: 09/21/2010
Subject: Board Meetings
"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. Utah Code Ann. 52-3-103(4)(2006)
A quorum of the members of the Board shall constitute a quorum for meetings of the board. Utah Code Ann 52-4-103 (10) (a) (2006) Utah Code Ann 53A-3-201(5) (2005)
Notice of Meeting
At least once each year, the Board shall give public notice of its regular meeting schedule. The notice shall specify date, time and place of such 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. Utah Code Ann. 52-4-202 (1) (2006)
Posting of Meeting]
Written notice may be posted at the local Board of Education office or at the place where the meeting is to be held or notice may be given by placing a notice in at least one newspaper of general circulation within the geographic jurisdiction of the District. Utah Code Ann 52-4-6 (2) (3)
Annual Budget Notice
For the annual budget meeting, written Notice, stating that the purpose of the meeting is the adoption of the District's budget for the succeeding fiscal year, shall be given ten days prior to the meeting. Utah Code Ann. 53A-1 9-102
In case of emergency or urgent public necessity, which renders it impractical to give the notice identified in the above policy, 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. Utah Code Ann. 52-4-6(4)
Open to Public
Every meeting of the Board shall be open to the public unless closed pursuant to Utah Code Ann. 52-4-204 (2006).
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 meetings.
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: 1) The regularly scheduled meeting is not being held where those meetings are usually held, and the workshop or executive session is held in the usual meeting location; or 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 3) The workshop or executive session is an electronic meeting and the requirements for holding such a meeting have been satisfied; or 4)
Because or emergency or extraordinary circumstances, it is not practicable to hold the workshop or executive session at the regular location where Board meetings are held. Utah Code Ann 52-4-201 (2) (2006)
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. Utah Code Ann. 52-4-203(4) (2006)
Minutes of Open Meeting
Written minutes and a recording shall be kept of all board meetings. Such minutes shall include: 1) The date, time and place of the meeting; 2) The names of the members present and absent; 3) The substance of all matters proposed, discussed, or decided, and a record, by individual member of votes taken; 4) The names of all citizens who appeared and a brief summary of their testimony; 5) Any other information that any member requests be entered in the minutes. 6) The recording shall be a complete and unedited recording of all portions of the open meeting.
No vote shall be taken by secret ballot. Utah Code Ann 52-4-7-(1 0)(c)
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 or 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. Utah Code Ann 52-4-204 (2006)
Closed meetings may only be held for the following purposes: 1) Discussion of the character, professional competence, or physical or mental health of an individual; 2) Strategy sessions with respect to collective bargaining or pending or imminent litigation or; 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) 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 5) Discussion regarding deployment of security personnel, devices, or systems; or 6) Investigative proceedings
regarding allegations or criminal misconduct.
If the meeting is closed for any reason stated in paragraph I or 5 of this Section, 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. Utah Code Ann. 52-4-205(1), -206 (6), (2006)
Minutes of Closed Meetings
Written and recorded minutes shall be kept for all closed meetings. Such minutes shall include: 1) The date, time and place of the meeting; 2) The names of all others present except where such disclosure would compromise the confidential nature of the issues being discussed or otherwise infringe upon the privacy rights of the others present; 3) All minutes and recordings of closed meetings are hereby designated as "Protected Records" under the Government Records Access Management Act. Utah Code Ann 52-4-7 Utah Code Ann 63-2-791 es seq