Last modified: August 20, 2024
Policy No. 1420 Board Meetings via Electronic Communication
Board Meetings via Electronic Communication
Electronic Meetings Authorized
The Board authorizes its meetings to be held through electronic means as set forth in this policy. 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.
Definitions
The following terms are used in this policy:
- Anchor location: A designated physical location from which the electronic meeting originates or to which participants are connected.
- Electronic meeting: A meeting that some or all members of the Board attend through an electronic video, audio, or both video and audio connection.
- Electronic notice: Email, text, fax, or other means of electronic communication.
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. If possible, the request should be made at least 3 days prior to the time that the Board meeting is scheduled, so that the necessary arrangements can be made for the electronic meeting.
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.
Anchor Location
The anchor location for the electronic meeting shall usually be in the building where the Board meeting would have been held if it were not held electronically.
Unless the requirements have been met for holding an electronic meeting without an anchor location, the Board will provide space and facilities at the anchor location for members of the public to attend the open portions of the meeting.
Electronic Meetings without an Anchor Location
The Board may hold an electronic meeting without an anchor location if all members of the Board are attending remotely through an electronic video, audio, or both video and audio connection, unless the Board receives a written request at least 12 hours before the meeting to provide an anchor location for members of the public to attend open portions.
The Board may also hold an electronic meeting without an anchor location if the president of the Board makes a determination that either
- Conducting the meeting with an anchor location presents a substantial risk to the health or safety of those present or who would otherwise be present at the anchor location, or
- The location where the Board would normally meet has been ordered closed to the public for health or safety reasons.
The public notice for the meeting must include a description of the Board president’s determination and a summary of the facts upon which it is based, along with information on how a member of the public may participate in the meeting remotely by electronic means. A determination of substantial risk to health or safety expires 30 days after the day on which the president makes it.
During the course of an electronic meeting with an anchor location where the Board has provided means by which members of the public who are not physically present at the anchor location may participate in the meeting remotely by electronic means, the anchor location may be closed and the meeting continued without an anchor location if the Board president determines that continuing to conduct the meeting with an anchor location presents a substantial risk to the health or safety of those present at the anchor location, announces that determination during the meeting, and states a summary of the facts upon which the determination is made.
Determining a Quorum in an Electronic Meeting
In determining whether a quorum of the Board is present during an electronic meeting, all members are counted who are either present at the anchor location (if the meeting has an anchor location) or who are connected to the meeting by the method provided for remote participation in the meeting.
Public Access to Electronic Meetings
Space and facilities shall be provided at the anchor 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.
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 policy for meetings without an anchor location.
Legal References
Utah Code § 52-4-207 (2024)
Public Access to Electronic Meetings
Approved by Board of Education:
August 13, 2013
Revised and Approved by Board:
February 8, 2022
Revised and Approved by Board:
August 13, 2024