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Board Meetings

 Revised: 5-9-12, 9-10-14, 8-10-22

Philosophy

The South Sanpete Board of Education recognizes its responsibility to conduct its official business in an orderly and open manner, as required by law. Through various Board Meetings, the Board shall create policies, make decisions, appropriate money, and represent its patrons in meeting the needs of the students of the District. The Board relies on clear, high-quality information from District staff, community members, and themselves in order to achieve this objective. The citizens of the District have a right to expect the Board to make decisions based upon careful consideration after studying pertinent information.

Definitions 

  1. Meeting: A Meeting means the convening of the School 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 closed 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 that do not require formal action. Utah Code 52-4-103 (5)
  1. Open to the Public: Every Meeting of the Board shall be open to the public unless closed pursuant to Utah Code: 52-4-201 (1), 52-4-204, 52-4-205, and 52-4-206.
  1. 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 pursuant to Utah Code: 52-4-203 (5).
  1. Quorum: A majority of Board Members shall constitute a quorum for Meetings of the Board pursuant to Utah Code: 52-4-103 (10) (a) and 53A-3-201 (5).
  1. Rules of Order and Procedure
    The Board shall follow rules of order and procedure to govern a public meeting of the Board of Education. The rules of order and procedure shall include a set of rules that govern and prescribe in a public meeting:
    1. Parliamentary order and procedure;
    2. Ethical behavior; and
    3. Civil

Policy

 It is the policy of the South Sanpete Board of Education to conduct all Meetings in accordance with Utah Law for the purpose of discussing or acting upon a matter over which the Board has jurisdiction. The Board of Education shall transact its business at a legal Meeting of the Board. The Board also plans to conduct its meetings in a time-efficient manner to accomplish the greatest amount of work possible. All public meeting, including scheduled Board meetings, shall be conducted in accordance with the rules of order and procedures. Utah Code § 53A-3-102 (2011)

 

Notification of Board Meetings

  1.  Public Notice of Annual Meeting Schedule
    Public notice of each Board Meeting and of the Board’s Annual Meeting Schedule shall be available to patrons, the media, and local government agencies. Utah Code: 52-4-202 (2)
  1. 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. Utah Code: 52-4-202 (1)
  1. 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 that identifies the subject. The Board may not consider a topic in an Open Meeting that has not been 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. This limitation may not apply to an Emergency Meeting where the requirements for holding and giving the best practicable notice of such a meeting have been met. Utah Code: 52-4-202(6)
  1. Giving Public Notice of Meetings
    Public notice of each open Board Meeting shall be given by:
A.  Posting a written agenda of the Board Meeting at the local Board of Education office and on the District’s Website 24 hours in advance of the Meeting;
B.  Posting notice of Board Meetings on the Utah Public Notice Website;
C.  Providing notice to at least one newspaper of general circulation within the geographic jurisdiction of the public body, or to a local media correspondent; and
D.  Sending an annual notice of Board Meetings to County and municipality officials: mayors, commissioners, and other officials as identified. This notice shall be provided by mail, email, or other effective means.

Utah Code 52-4-202(3-4), 63F-1-701(4)(d), and 53A-3-409 (3)
These officials (or their designees) may attend and participate in the Board’s discussions in the open portion of Board Meetings; however, they may not vote on any issue before the Board and their participation is subject to the Board President’s authority to regulate the conduct of the Meeting.                               Utah Code 53A- 409 (3)(a)

  1. Annual Budget Meeting Notice
    In addition to complying with the aforementioned public notice requirements, the Board shall also do the following in preparation for the Annual Budget Meeting:
A.  Publish the required newspaper notice and/or electronic newspaper advertisement and the required Utah Public Notice Website advertisement at least ten days prior to the Budget Meeting. The notice shall also include information on how the            public may access the proposed budget.
B.  Post a copy of the proposed budget on the District’s Internet website;
C.  File a copy of the proposed budget with the Board’s Business Administrator for public inspection at least ten days prior to the
D.  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 59-2-919.

Other references: Utah Code 53A-19-102 (2), 53A-16-106 (3), and 59-2-919.

 
Notices for Other Special Meetings
    1. Bond Issuance as outlined in Utah Code11-14-
    2. Budget Appropriation Increase as outlined in Utah Code 53A-19-104 (6)(b).
    3. School Closure or Boundary Change as outlined in Utah Code 53A-3-402 (21).
    4. Board Member Compensation as outlined in Utah Code 53A-3-202 93).

Types of Board Meetings

  1. Regular Board Meeting
    Unless otherwise altered by Board action, the Board’s Regular Meetings shall be held at one of the local schools or at the District Office, 39 South Main, Manti, Utah, on the second Wednesday of each month commencing at 3:30 p.m.
    In instances when the second Wednesday of the month falls on a legal holiday or other conflict can be anticipated, the regular Meeting of the Board shall be scheduled in the Annual Meeting Schedule or in the previous month's regular Meeting. All regular Meetings shall be open to the public and the press.
    All changes of regular Meetings from normal dates, times or places shall be advertised in the press, on the District Office door, and on the District Website, at least one day prior to the date of the Meeting unless otherwise prescribed by law.
  1. Emergency Meetings
    An Emergency Meeting is an official Board Meeting called between the regular monthly Meetings to deal with emergency situations. Emergency Meetings may be called by the Board as a whole, by the President, or by the Superintendent upon the request of three Board Members. When possible, they shall be announced in advance at a regular Meeting of the Board.
    When Emergency Meetings are called in the interim between regular Board Meetings, all Board Members and the public shall receive adequate notice of the time, place, and purpose of such Meeting. Except in extreme emergencies, adequate notice shall consist of at least 24-hour notice to Board Members and publication of such notice in the press. Emergency Meetings shall be open to the public and press, but no public discussion shall be heard on items other than those relating to the call of the Meeting.

      3,  Work Meetings
           A Work Meeting is called to acquaint the Board with information concerning many phases of the operation of the District. At these Meetings, no official action may be taken, an agenda may or may not be prepared, and minutes (recording and written), shall
            be kept. With the exception of details of minor importance, the Board shall discuss only business and information relating to the call of the Meeting.
             In the event the Board, or any if its Members, meet with representatives of the Utah School Boards Association (USBA) for the purpose of receiving or participating in instruction regarding Board functions or activities, and not for the purpose of discussing              or acting upon a subject over which the Board has jurisdiction, the Board is not required to comply with the Utah Open and Public Meetings Act. Utah Code 52-4-1

  1. Closed Meetings
    A Closed Meeting may be called by the President or presiding Board Member and may be held upon two-thirds affirmative vote of the Board Members present at a Meeting for which public notice was given, providing a quorum is present.
    No resolution, rule, regulation, action, contract or appointment shall be approved in 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 52-4-202 and 204

Purposes of Closed Meetings:

    1. Discussion of the character, professional competence, or physical or mental health of an individual;
    2. Strategy sessions to discuss collective bargaining;
    3. Strategy sessions to discuss pending or reasonably imminent litigation;
    4. Strategy sessions to discuss the purchase, exchange, or lease of real property when public discussion of the transaction would disclose the appraisal or estimated value of the property under consideration or prevent the public body from completing the transaction on the best possible terms;
    5. Strategy sessions to discuss the sale of real property when:
      1. Public discussion of the transaction would disclose the appraisal or estimated value of the property under consideration or prevent the public body from completing the transaction on the best possible terms,
      2. The public body had previously given public notice that the property would be offered for sale;
      3. The terms of the sale are publicly disclosed;
    6. Discussion regarding deployment of security personnel, devices, or systems;
    7. Investigative proceedings regarding allegations of criminal

If the meeting is closed for the purpose of items A or F, 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 for that portion of the Closed Meeting. Board Members and other persons attending the session are honor bound not to disclose the topic or details of discussion at Closed Meetings.

For all other items mentioned (B-E and G) a recording shall be kept of and written minutes may be recorded. Such recordings, and any minutes shall include:

  1. The date, time and place of the meeting;
  2. The names of members present and absent; and
  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 other
    The Superintendent, or his designated representative, shall attend all Closed Meetings except those that pertain to the Superintendent's employment. The Board may invite staff members or others to attend such sessions at its discretion.
    No official action shall be taken at Closed Meetings. To take final action on any matter discussed, the Board shall reconvene in Open Meeting to do so.
    Utah Code 52-4-205(1) and 206(6)
  1. Electronic Meetings

The South Sanpete Board of Education recognizes that, under certain circumstances, it may not be possible to conduct a Meeting with all Board Members present; therefore, it may be necessary to conduct their business through an electronic means.

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 in 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. Following this method may allow for a quorum to be assembled.

    1. 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 contingent upon approval of the Board President. This request must be made at least three (3) 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 52-4-207
    2. 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.
    3. 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.
    4. 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.
    5. Public Notice of an Electronic Meeting
      In addition to providing and posting the notices required for other Board Meetings, the Board shall provide a notice at least 24 hours in advance of the Electronic Meeting to a newspaper of general circulation and a local media correspondent.
    6. Public Access to Electronic Meetings
      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 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.
      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 52-4-207