District Policy
0002 - Board Meetings
Board of Education Washington County School District
Approved 8-15-2006; Revised 5-11-2011; Revised 10-11-16; Revised 8-9-22
1. Purpose:
Local school boards are created by the State legislature under authority granted in Article X of the Utah Constitution. Directly accountable to the people, local school boards are the educational policymakers for the public schools in local communities and may serve as the final appeal body in school administrative matters. The Board of Education of the Washington County School District is a representative body elected by the citizens of Washington County to provide for and oversee the operation of public schools in Washington County. This policy is established to outline, generally, the method under which the Board conducts meetings.
2. Policy:
2.1. "Meeting" means the convening of the Board with a quorum present, whether in person for the purpose of discussing or acting upon a matter over which the Board has jurisdiction, including a workshop or executive session. 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. Every meeting of the Board shall be open to the public unless closed pursuant to Utah Code Ann 52-4-204, 205, and 206. A Quorum is a majority of the members of the Board present.
2.2. Time and Place of Board Meetings.
2.2.1. Regular meetings of the Board shall be held in the Boardroom of the administration building on the second Tuesday of each calendar month at 2:30 p.m. or as otherwise scheduled by the Board.
2.2.2. Other meetings of the Board shall be held at the time and location stated in the public notice of the meeting, subject to the location requirements for workshops or executive sessions set out in 2.3.3 below.
2.2.3. When the Board holds a workshop or executive session on the same day as a regularly scheduled Board meeting, the workshop or executive session will be held at the same location as the regularly scheduled Board meeting unless:
2.2.3.1. The regularly scheduled meeting is not being in the Board room and the workshop or executive session is held in the Board room; or
2.2.3.2. One of the meetings is a site visit or traveling tour for which appropriate public notice has been given; or
2.2.3.3. Because of emergency or extraordinary circumstances, it is not practicable to hold the workshop or executive session at the same location as the regularly scheduled Board meeting.
2.3. Open and Closed Board Meetings.
2.3.1. All Board meetings, including executive sessions and workshops where a quorum is present, are open to the public unless the Board votes at a public meeting by two-thirds affirmative vote of the members present to hold a closed meeting (provided a quorum is present to vote).
2.3.2. The Board may only close a meeting for the following purposes:
2.3.2.1. Discussion of the character, professional competence, or physical or mental health of an individual;
2.3.2.2. Strategy sessions with respect to collective bargaining or pending or imminent litigation;
2.3.2.3. 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;
2.3.2.4. 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;
2.3.2.5. Discussion regarding deployment of security personnel, devices, or systems; or
2.3.2.6. Investigative proceedings regarding allegations of criminal misconduct.
2.3.3. If the meeting is closed for any reason stated in paragraph 1 or 5 of section 2.3.2 above, then the presiding Board Member 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.
2.4. Notice and Agenda of Meetings
2.4.1. Public Notice of Board Meetings.
2.4.1.1. Annual notice. At least once each year, the Board shall give public notice of its regular meeting schedule. The notice shall specify the date, time, and place of such meetings.
2.4.1.2. Individual meeting notice. In addition to the annual notice, the Board shall also provide public notice of each meeting at least 24 hours in advance of that meeting, which notice shall include the agenda, date, time, and place of the meeting.
2.4.1.3. Publication of notice.
2.4.1.3.1. Written notice shall be posted at the Board of Education office.
2.4.1.3.2. Notice of the meeting shall also be published in at least one newspaper of general circulation within Washington County.
2.4.1.3.3. The District shall also endeavor to post notice of Board meetings on the District's website at least 24 hours in advance of the meeting.
2.4.2. Meeting Agenda.
2.4.2.1. Contents of agenda. The public notice of a specific Board meeting shall include an agenda for that meeting, which shall be sufficiently specific to notify the public of the topics to be considered at the Board meeting and which shall list each topic under an agenda item.
2.4.2.2. Agenda prepared and provided to Board Members. The Superintendent, in cooperation with the Board president, shall prepare an agenda for each meeting and have it electronically ready, with supporting information, for each Board Member so that he/she will have this material at least 48 hours prior to each regular or special meeting.
2.4.2.3. Meeting action limited to agenda items. The Board may not consider a topic in an open meeting that 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 that topic during the meeting.
2.4.3. Notice of emergency meetings. In case of emergency or urgent public necessity that renders it impractical to give the notice set forth in 2.5.1 and 2.5.2, 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 Board Members and a majority of the members vote in the affirmative to hold the meeting.
2.5. Adoption and Amendment of Policies - Approved 8-79 (Revised 5-19-88)
2.5.1. Policy proposals and suggested amendments to, or revisions of existing policies, shall be submitted in writing to all members of the Board and to the Superintendent prior to a regularly scheduled Board Meeting in which such proposed policies, amendments, or revisions shall be read and discussed. A vote for adoption shall take place at the next succeeding regular meeting of the Board. Action shall be by majority vote of those present.
2.5.2. Development of all such proposals for new or amended policies prior to their submission to the Board for action, shall include to the fullest extent possible, deliberative discussions with all persons to be affected, or their representatives. The Superintendent shall consult with the Association President when making assignments of teachers to District-wide committees. (Neg. 7-11-94) (Reference: Robert's Rules of Order, 1970, Chapter 18). If qualified employee organizations believe that they need additional opportunity for information or discussion then they are being provided, the president of the organization should contact the District Superintendent (Neg. 05/19/88).
2.6. Recordings and Minutes of Meetings
2.6.1. Open meetings.
2.6.1.1. Written minutes and a recording shall be kept of all open meetings except site visits or traveling tours where no vote or action is taken by the Board, of which either written minutes or a recording shall be kept.
2.6.1.2. Such recording and minutes shall include:
2.6.1.2.1. The date, time, and place of the meeting;
2.6.1.2.2. The names of the members present and absent;
2.6.1.2.3. The substance of all matters proposed, discussed, or decided, and a record, by individual member, of votes taken;
2.6.1.2.4. The names of all citizens who appeared and a brief summary of their testimony;
2.6.1.2.5. Any other information that any member requests be entered in the minutes or recording.
2.6.1.3. Where the Board votes at an open meeting to hold a closed meeting, the recording and minutes of the open meeting shall also include:
2.6.1.3.1. The reason or reasons for holding the closed meeting; and
2.6.1.3.2. The votes, by name, of the members present, either for or against holding the closed meeting.
2.6.1.4. A recording of a meeting 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.
2.6.2. Closed meetings.
2.6.2.1. A recording shall be kept of all closed meetings except for those closed meetings or portions of closed meetings relating to the subjects in the following section. Written minutes may also be kept of closed meetings except for those closed meetings or portions of closed meetings relating to the subjects in the following section.
2.6.2.2. The recording and any minutes kept of a closed meeting shall include:
2.6.2.2.1. The date, time, and place of the meeting;
2.6.2.2.2. The names of members present and absent;
2.6.2.2.3. 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.
2.6.2.3. A recording of a closed meeting shall be a complete and unedited recording of all portions of the meeting which are required to be recorded.
2.6.2.4. Closed meetings or portions of closed meetings which address the following matters are not recorded and written minutes are not kept.
2.6.2.4.1. Discussion of the character, professional competence, or physical or mental health of an individual.
2.6.2.4.2. Discussion regarding deployment of security personnel, devices, or systems.
2.7. Electronic Meetings: If a quorum of the Board is physically present at the primary location, the Board authorizes the remaining members to participate 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.
2.7.1. Definitions
2.7.1.1. "Electronic Notice" means electronic mail (email) or fax
2.7.1.2. "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).
2.7.1.3. "Participate" means to be able to communicate with all board members in the meeting, such that each board member can hear or see the communications.
2.7.1.4. "Primary Location" means a designated physical location from which the electronic meeting originates or to which participants are connected.
2.7.2. 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 three days prior to the time that the board meeting is scheduled, so that the necessary arrangements can be made for the electronic meeting. Utah Code Ann. 52-4-207
2.7.3. 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 one or more members of the Board will be connected to the meeting.
2.7.4. 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. A quorum of board members must be physically present at the primary location.
2.7.5. Electronic Meeting Not Available for Site Visit or Traveling Tour
When the scheduled meeting is a site visit or traveling tour, the meeting may not be conducted or convened electronically.
2.7.6. Public Notice of an Electronic Meeting
2.7.6.1. Pursuant to paragraph 2.4.1.2, of this policy, 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.
2.7.7. Public Access to Electronic Meetings
2.7.7.1. Space and facilities shall be provided at the primary location of an electronic meeting of the Board to permit members of the public to attend and monitor the electronic meeting (except those portions of such a meeting which have been properly closed to the public by the Board). If the board meeting is one at which comments from the public will be accepted, then the space and facilities shall also permit members of the public to participate in the electronic meeting.
2.7.7.2. 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.) Utah Code Ann. 52-4-207
2.8. Office Hours - Approved 8-79; revised 6-05. Office hours at the School Board Office shall be from 7:30 a.m. to 4:00 p.m. Monday through Friday.
2.9. PUBLIC OPPORTUNITY TO ADDRESS THE BOARD
Members of the public may address the Board during the time allocated for public comment. Prior to the start of the meeting, persons wishing to speak must complete District Form 50 - Public Comment - Request to Address the Board. The public comment form requires the patron to identify his or her name, address, and the item or items on which he or she intends to speak. If the matter is listed as an item for Board action, the Board will not take action until persons who have requested to speak have done so.
2.9.1. The Board President or presiding officer will review submitted public comment forms.
2.9.2. The Board President or presiding officer will recognize speakers during the time allocated for public comment. Speakers are limited to three (3) minutes each.
2.9.3. Normally, no individual shall address the Board more than once on any matter during a Board Meeting. No individual may speak for longer than the time limit indicated unless the time limit is specifically waived by the President of the Board.
2.9.4. Comments must be addressed to the Board as a whole and not to individual staff members or District employees. The Board and staff are not obligated to comment on or respond to addresses by the public.
2.9.5. When public commentary is completed the public comment period is concluded and the discussion exclusively by the Board and Superintendent will commence.
2.9.6. The District has an established procedure for considering complaints regarding individual employees. If any person, including members of the Board, and members of the public, requests an opportunity to present complaints to the Board about a specific employee, s/he shall first notify the Superintendent or Board President. The Superintendent or designee will attempt to resolve the matter directly with the patron. If the matter remains unresolved, the Superintendent will then schedule a time for a closed session meeting of the Board to discuss the complaint.
2.9.7. Comments must not be vulgar or include obscene language that is not appropriate for all participants of a public meeting regardless of age.
2.9.8. If during the public comment period any individual begins to complain about an employee, by name or by identifiable inference, or if the comments become vulgar or include obscene language the patron will be directed to suspend his/her comments. The Board will not allow continued discussion that violate this policy provision.
Form 50 - Public Comment - Request to Address the Board