Last modified: September 26, 2023

Policy No. 1400 Board Meetings

Download Policy No. 1400 Board Meetings

“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, receiving public comments about, or acting upon a matter over which the Board has jurisdiction, including a workshop or executive session.

Additional definitions of “meetings” are provided later in this policy.

Rules of Order and Procedure

The Board of Education shall adopt 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:

Parliamentary order and procedure;
Ethical behavior; and
Civil discourse.

After adopting the Rules of Order and Procedure, the Board of Education shall:

Conduct its public meeting in accordance with the Rules of Order and Procedure adopted by the Board of Education; and
Make the Rules of Order and Procedure available to the public at each meeting of the Board of Education, and on the District’s public website.

Open to the Public

Every meeting of the Board shall be open to the public unless closed pursuant to Utah Code.

Business Meetings

The Board conducts business meetings per the annual calendar of meetings, and at other times as needed. A business meeting is distinguished as a formal meeting of the board where formal action (a vote) is taken on one or more items for which the board has authority/responsibility.

Study Sessions

Study sessions are formal meetings of the board, conducted in accordance with state law, and in which no formal action is sought or taken. Study sessions provide an opportunity for lengthier, in-depth discussions to take place around issues, practices, requests, and initiatives in the district.

Joint Meetings with Local Agencies or Government

The Board may also hold joint meetings with local agencies or government officials. No actions (approvals) are taken at such meetings, with the purpose being enhanced communication, sharing of information, or the study of issues of mutual interest to the parties in attendance.

Public Hearings

A public hearing is an open meeting at which members of the public are given a reasonable opportunity to comment on a subject of the meeting. Generally, the Board will determine whether a Board meeting will include a public hearing. However, the Board shall hold a public hearing when considering whether to close a school or change the boundaries of a school, when considering the adoption of the District budget, before authorizing issuance of bonds, and when considering changes to the Board member compensation schedules, as required by statute.

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.

Attendance by Local Government Representatives

The following officials (or their designees) may attend and participate in the board’s discussions in the open portions of the Board’s meetings: a mayor, county commission chair, county commissioner, or county manager, where the municipality or county is partly or entirely within the boundaries of the school district. These local government officials 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.

Quorum

A majority of the members of the Board shall constitute a quorum for meetings of the Board.

USBA Training Sessions for Board Members

In the event the Board or any of 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.

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 from USBA representatives.

If Board members determine in an instructional meeting with representatives of USBA 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 Act, prior to discussing or acting upon such matters.

Legal References & Synopsis:

Utah Code 52-4-103(5) (2011)

Definitions of “Meeting” — Local school board meetings — Rules of order and procedure — Location requirements — Expulsion of members prohibited — Exceptions

Utah Code 53G-4-202

Meetings Open to Public — Exceptions

Utah Code 52-4-201(1) (2006)

Closed meeting held upon vote of members — Business

Utah Code 52-4-204

Reasons for meeting recorded

Utah Code 52-4-205

Purposes of closed meetings — Certain issues prohibited in closed meetings

Utah Code 52-4-206

Exceptions to open meetings (204-206)

Utah Code 11-14-318 (2008)

Public hearings

Utah Code 53G-4-402

Powers and duties generally

Utah Cod 53G-7-303

Local governing board budget procedures

Utah Code 53G-4-204

Compensation for services — Additional per diem — Approval of expenses

Utah Code 52-4-203(5) (2013)

Written minutes of open meetings — Public records — Recording of meetings

Utah Code 53G-7-208

Local governmental entities and school districts — Contracts and cooperation — Disbursement of funds — Municipal and county representative participation in school district board meetings — Notice required

Utah Code 52-4-103(10)(a)(2011)

Open and public meetings act — general provisions– definitions

Utah Code 53G-4-203

Election of officers — Terms — Time of election — Removal of officers — Quorum requirements

Approved by Board of Education:

August 13, 2013