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Board Meetings

Revised: 5-9-12, 9-10-14, 8-10-22, 2-12-25

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” means a gathering of the Board with a quorum present that is convened by an individual with authority to convene the Board and following the Board’s process for convening and for the express purpose of acting as the Board to receive public comment about, deliberate about, or take action on a relevant matter. A “relevant matter” is one which is within the scope of the authority of the Board but does not include a managerial or operational matter. Members of the Board constituting a quorum may not act together in a concerted and deliberate way outside a meeting of the Board to predetermine an action to be taken by the Board at a meeting on a relevant matter.

Utah Code § 52-4-103(5), (11) (2024) Utah Code § 52-4-208(1) (2024)

  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 discourse
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) (2023)
  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) (2023)
  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) (2023)
  1.        Giving Public Notice of Meetings
    Public notice of each open Board Meeting shall be given by:
    1.       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;
    2.        Posting notice of Board Meetings on the Utah Public Notice Website;
    3.        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
    4.        Sending an annual notice of Board Meetings to County and municipality officials: mayors, commissioners, and other officials as 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)
      Utah Code § 52-4-202(3), (4) (2023) Utah Code § 63G-30-102(1) (2023) Utah Code § 53G-7-208(3)(e) (2019)
  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:
      1.        Notices for Other Special Meetings
    1.         Publish the required newspaper notice and/or electronic newspaper advertisement (see Utah Code § 45-1-101 (2023) and the required Utah Public Notice Website advertisement at least ten days prior to the Budget The notice shall also include information on how the public may access the proposed budget.
    2.         Post a copy of the proposed budget on the District’s Internet website;
    3.         File a copy of the proposed budget with the Board’s Business Administrator for public inspection at least ten days prior to the
    4.         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.
      Utah Code § 53G-7-303(3) (2019) Utah Code § 53F-8-201(3) (2019)
      Utah Code § 59-2-919 (2024)
6. 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
    In case of emergency or urgent public necessity which renders it impractical to give the notice identified in the paragraphs above, the best notice practicable shall be given of the time and place of the meeting and of the topics to be considered at the meeting. No such emergency meeting of the Board shall be held unless an attempt has been made to notify all of its members and a majority of the members vote in the affirmative to hold the meeting.
    Utah Code § 52-4-202(5) (2023)

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

4. 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 (2024)

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 G, 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:

  •       The date, time and place of the meeting;
  •       The names of members present and absent; and
  • 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)

5.  USBA training session 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, Utah Code § 52-4-101 et seq.

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, Utah Code § 52-4-101 et seq., prior to discussing or acting upon such matters.

6.   Electronic meetings authorized—
The Board authorizes electronic meetings of the Board 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 electronic Board meetings.
Utah Code § 52-4-207(1), (2)(a) (2024)
Definitions—

The following terms are used in this policy:

  1. Anchor location: A designated physical location from which the electronic meeting originates or to which participants are connected.
  2. Electronic meeting: A meeting that some or all members of the Board attend through an electronic video, audio, or both video and audio connection.
  3. Electronic notice: email, text, fax, or other means of electronic
    Utah Code § 52-4-103(1), (3) (2024)
Member request required for an electronic meeting—

An electronic Board meeting may be held upon request of a member of the Board. This request must be made sufficiently in advance of the time that the Board meeting is scheduled so that the necessary arrangements can be made for the electronic meeting, including giving the required notice to other Board members. Therefore, the request should be made not less than 25 hours before the meeting. If a member of the Board wishes to participate electronically because of unforeseen or exigent circumstances arising less than 25 hours before the meeting, such participation may be allowed if the Board President determines that the necessary arrangements may be made for such participation and if a majority of the members of the Board agree to waive the 25-hour requirement.

Utah Code § 52-4-207(2)(c)(iii) (2024)

Notice to board members of an electronic meeting—

After an electronic meeting has been scheduled, and at least 24 hours before the meeting is to begin, the members of the Board shall be provided with a description of how to connect to the meeting, except as otherwise may be provided in a rule of the Legislature applicable to the Board.

Utah Code § 52-4-207(3)(b) (2024)

Anchor location—

Unless the requirements have been met for holding an electronic meeting without an anchor location, the Board will provide space and facilities at an anchor location for members of the public to attend the open portions of the meeting. The Board may also choose to provide means by which members of the public participate remotely by electronic means.

Utah Code § 52-4-207(4) (2024)

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.

Utah Code § 52-4-207(5)(e) (2024)

The Board may also hold an electronic meeting without an anchor location if the president of the Board makes a determination that either (1) 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 (2) 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.

Utah Code § 52-4-207(5)(a), (6) (2024)

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.

Utah Code § 52-4-207(5)(b) (2024)

Electronic meeting not available for site visit or traveling tour—

When the scheduled meeting is a site visit or traveling tour without an anchor location, the meeting may not be conducted or convened electronically.

Determining 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.
Utah Code § 52-4-207(2)(b) (2024)

Taking votes during an electronic meeting—

Except when the vote is unanimous, all votes during an electronic meeting shall be taken by roll call of the members.
Utah Code § 52-4-207(2)(c)(vi) (2024)

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 the 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.

For an electronic meeting which is being held without an anchor location, the Board shall provide access to the meeting as provided for above regarding meetings without an anchor location.

Members of the public are not entitled to monitor or attend electronic meetings except through the space and facilities provided at the anchor location or through electronic access provided for a meeting without an anchor 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 policy.)

Utah Code § 52-4-207(4) (2024)

pdfBD_Board_Meetings.pdf