9364
Policy
Bylaws of the Board
Open Sessions
Public Right to Attend
Subject to the provisions of the
public meeting law of the State of
The Board may allow advisors,
consultants, and other persons who are not Board members to appear at the
meeting via telephone or other similar means.
The chair has the authority to
assure that people conduct themselves in an orderly manner at the meeting. Undue interruption or other interference with
the orderly conduct of business will not be allowed. The chair may order persons who are
disorderly to be removed from the meeting.
Public Right to Hear
The
board will, upon request, make a reasonable effort to accommodate the public’s
right to hear the discussion and testimony presented at the meeting.
Public Right to Record
Members of the
public may use recording devices (tape
recorder, video camera, etc.) to record any part of a meeting of a public body,
except for closed sessions. No
recording, other than note taking, shall be done without informing the
President in advance. The President
shall control the placement of the recording device so the device does not
obstruct the view of Board members or other members of the public attending the
meeting and does not otherwise interfere with the meeting.
Public Right of Access to
Written Materials
At
least one copy of all reproducible written material to be discussed at an open
meeting will be made available at the meeting for examination and copying by
members of the public.
Public Right to Speak
Members of the public will be
permitted to speak at Board meetings at which a public forum or “Communications
From The Public” is on the Agenda. Members of the
public may also speak when invited to make a presentation or when recognized by
the chair. The Board is not required to
allow members of the public to speak at each meeting. However, the Board will
not forbid public participation at all meetings.
Members of the public will not be
required to have their name be placed on the agenda prior to the meeting in
order to speak about items on the agenda. The Board President may ask during
the meeting if any members of the public wish to speak to the agenda topic and
utilize that list to call speakers forward and to determine reasonable time
limits for public input.
Members of the public who desire to
address the Board will be required to identify themselves.
The President or chair for the
meeting shall have the authority to establish reasonable time limits for
individual speakers and for the duration of public forum sessions.
Speakers will be permitted to
address the Board consistent with free speech rights. However, offensive
language, defamatory remarks, and hostile conduct will not be tolerated. Further, charges or complaints against a
school employee shall not be made for the first time at a public Board meeting
without having followed the school’s complaint procedure.
The board is not obligated
to act on any request made during the public forum unless the same has been submitted
in writing to the superintendent or to the president of the board sufficiently
in advance to allow the same to have been incorporated into the agenda for the
meeting.
Closed Sessions
The Board of Education may hold a closed session by
the affirmative vote of a majority of its voting members if a closed session is
clearly necessary for the protection of the public interest or for the
prevention of needless injury to the reputation of an individual and if such
individual has not requested a public meeting.
Closed sessions may be held for, but shall not be limited to, such
reasons as: (a) strategy sessions with
respect to collective bargaining, real estate purchases, or litigation; (b)
discussion regarding deployment of security personnel or devices; (c)
investigative proceedings regarding allegations or misconduct; or (d)
evaluation of the job performance of a person when necessary to prevent
needless injury to the reputation of a person and if such person has not
requested a public meeting; provided, however a closed meeting shall never be
held for the purpose of discussing the appointment or election of a new member
to the Board of Education.
The vote to hold a closed session shall be taken in
open session. The subject matter and the
reason necessitating the closed session shall be identified in the motion to
close. The entire motion, the vote of each member on the question of holding a
closed session, and the time when the closed session commenced and concluded
shall be recorded in the minutes. If the
motion to close passes, then the presiding officer immediately prior to the
closed session shall restate on the record the limitation of the subject matter
of the closed session. The Board shall restrict its consideration of matters
during the closed portions to only those purposes set forth in the motion to
close as the reason for the closed session. The meeting shall be reconvened in
open session before any formal action may be taken.
Any member of the Board shall have the right to
challenge the continuation of a closed session if the member determines that
the session has exceeded the reasons stated in the original motion to hold a
closed session. Such challenge shall be
overruled only by a majority vote of the members of the public body. Such challenge and its disposition shall be
recorded in the minutes.
The term "closed session" as used in the
policies, regulations and Bylaws of the District shall include within its
meaning any "executive session" or "executive meeting"
authorized or prescribed by said policies, regulations and Bylaws, all of said
terms being interchangeable.
Legal Reference: §§84-1407
to 84-1414
§§79-570 Class I, II, III, IV, or VI school
district; meetings; disorderly conduct; penalty.
§§79-571 Class
I, II, III, IV, or VI school district; president; meetings; disorderly conduct;
penalty.
§§79-555 Class III school district; board of education; meetings;
when held.
§§4-1408-1414
Declaration of intent; meetings open to the public
Adopted: November 4, 1983
Revised: August 6, 1990
Revised: June 19, 2006
Revised: September 15, 2008