D UCHESNE C OUNTY S CHOOL D ISTRICT P OLICY M ANUAL
SECTION 1 - LOCAL DISTRICT GOVERNANCE
1.0100 SCHOOL BOARD
BOARD OF EDUCATION: BOARD LEGAL STATUS Issue Date: 9/11/14 BA Body Corporate
As provided by Utah law, the Board of Education of Duchesne County School District is a body corporate, and has as official seal conformable to its name. A “body corporate” is a public corporation and legal subdivision of the state, vested with the powers and duties of a government entity. Utah Code Ann. § 53A-3-401 (2018) Political Subdivision of the State of Utah The Board of Education of Duchesne County School District is a political subdivision of the State of Utah. Utah Constitution, Article XI, Section 8 As an extension of the state government, the district is qualified as a non-profit and eligible to receive tax-deductible charitable contributions as described in the Internal Revenue Service code section 170(1) for exclusively public purposes. Number of School Board Members The Board of Education of Duchesne Count School District consists of five members. If the student population increases hereafter to 10,000 or more students, as reported to the State Office of Education in the October 1 student count, the number of members on the Board shall increase to seven members and shall remain at seven members despite subsequent changes in the student population. Utah Code Ann. § 20-A-14—202(1) (2016)
BOARD OF EDUCATION: POWERS AND DUTIES Issue Date: 9/11/14 Updated: 2/13/20 BAA Promote Education
The Board has the legal power and duty to do all things necessary for the maintenance, prosperity and success of the schools and for the promotion of education and to exercise all powers given by statute. The Board’s legal powers and duties include the actions set forth in this policy, but are not necessarily limited to the listed powers and duties. Utah Code Ann. § 53G-4-402(20) (2019) Govern The Board of Education recognizes that under Utah law “it is the province of the Board of Education to determine what things are detrimental to the successful management, good order, and discipline of the schools and the rules required to produce” successful management, good order, and discipline in the schools. Beard v. Board of Education, 16 P.2d 900 (Utah 1932) Adopt Rules Adopt such policies, regulations, and bylaws as the Board deems proper for the operation of the Board and for the control and management of the District’s schools. Utah Code Ann. § 53A-3-402(14), (15) (2019) Levy Taxes Establish tax rates each year and submit the proposed rate to the county legislative body in which the District is located according to statutory procedures:
Utah Code Ann. § 53F-8-201 (2019) Utah Code Ann. § 53F-8-401 (2018) Utah Code Ann. § 53F-8-202 (2018) Utah Code Ann. § 53F-8-402 (2019)
Annual Budget Prepare, adopt, and file a budget for the next succeeding fiscal year with the county legislative body in which the District is located as required by statute. Utah Code Ann. § 53F-8-201 (2019) Bequests Receive bequests and donations or other monies or funds which are made for educational purposes. Utah Code Ann. § 53G-4-402(12) (2019) Acquisition and Ownership of Property Acquire and hold real and personal property in the name of the District, inclusive of all rights and titles, and lease and lease with an option to purchase property. The Board of Education has the direction and control of all school property in the district. Utah Code Ann. § 53G-4-401(4) (2019) Eminent Domain
Exercise the right of eminent domain to acquire property. Board of Education of South Sanpete School District v. Barton, 617 P.2d 347 (Utah 1980). Olsen v. Board of Education of the Granite School District, 571 P.2d 1336 (Utah 1977). Employ Personnel Employ by contract a Superintendent, Business Administrator, Principal(s), teacher(s), or other executive officer(s) and set salary schedules therefor.
Utah Code § 53G-11-202 (2018) Utah Code § 53G-4-301 (2018) Utah Code § 53G-4-302 (2012)
Close Schools and Change School Boundaries Close schools or suspend operation of schools or change school attendance area boundaries as determined to be appropriate by the Board of Education after appropriate public notice and hearing as required by statute. Allen v. Board of Education Weber County School District 236 P.2d 756 (Utah 1951) Save Our Schools v. Board of Education of Salt Lake City, 2005 UT 55 Utah Code § 53G-4-402(21) (2019) Sue and Be Sued Sue and be sued in the name of the District. Utah Code § 53G-4-401(4) (2019) Fulfill Other Statutory Duties and Exercise Other Statutory Powers The Board also has the duty to comply with such other duties as are set forth in the laws and regulations of Utah and the United States, and also may exercise the powers and authorities established by such laws and regulations.
BOARD MEMBERS: ELIGIBILITY AND QUALIFICATION Issue Date: 9/11/14 BBA
General Qualifications Each board member must 1. Be and remain a registered voter in the District; 2. Maintain his or her primary residence within the local school board district from which the member is elected or appointed; and 3. Take the constitutional oath of office: a. “I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of Utah, and that I will discharge the duties of my office with fidelity.” Utah Constitution Art. IV, Sec. X
Utah Code § 53G-4-201 (2018) Utah Code § 20A-14-202(2) (2016)
Conflict of Interest A member of the Board of Education may not, during the member’s term of office, also serve as an employee of the Board. Utah Code § 20A-14-202(3) (2016)
BOARD OF EDUCATION: ELECTIONS AND REAPPORTIONMENT Issue Date: 9/11/14 BBB Term
The term of office for an elected member shall be four years, except as required because of reapportionment as set forth below, and begins on the first Monday in January following the election. Utah Code Ann. § 20A-14-203(2) (1995) Candidacy An individual may become a candidate for election to the Board by filing a declaration of candidacy with the county clerk and paying the fee as required in Utah Code Ann. § 20A-9-202. Utah Code Ann. § 20A-14-203(1) (1995) Elections No more than three (3) members [five (5) for a 7 member board] may be elected to the board in any election year, unless otherwise required as a consequence of reapportionment, as set forth below, or to fill a vacancy by election under Policy 1.0100.05. Reapportionment Does Not Cut Short Board Member Terms Reapportionment does not affect the right of any school board member to complete the term for which the member was elected. Utah Code Ann. § 20A-14-201(3)(a) (2005) Representation of School Board Districts after Reapportionment 1. If after reapportionment only one board member whose term extends beyond reapportionment lives within a reapportioned school board district, that board member shall represent that school board district. 2. If after reapportionment two or more members whose terms extend beyond reapportionment live within a reapportioned school board district, the members involved shall select one member by lot to represent that school board district. a. The other members shall serve at-large for the remainder of their terms.
b. Notwithstanding the number of board members otherwise established by law, the at-large board members shall serve in addition to the designated number of board members for the board in question for the remainder of their terms. 3. If after reapportionment there is no board member living within a school board district whose term extends beyond reapportionment, the seat for that school board district shall be treated as vacant and filled as provided in policy 1.0100.05. Utah Code Ann. § 20A-14-201(3)(b) (2005) Adjustment of Term Lengths Because of Reapportionment If, before an election affected by reapportionment, the county or municipal legislative body that conducted the reapportionment determines that one or more members must be elected to terms of two years to meet this part’s requirements for staggered terms, the legislative body shall determine by lot which of the reapportioned local school board districts will elect members to two-year terms and which will elect members to four-year terms. All subsequent elections are for four-year terms. Utah Code Ann. § 20A-14-201(4) (2005)
BOARD OF EDUCATION: VACANCIES ON THE BOARD Issue Date: 9/11/14 Updated: 05/12/22 BBC Appointment
A local school board shall fill vacancies on the Board by appointment, except where an election to a two-year term is required as set forth below. Unless the vacancy occurs because of the death of a board member, the Board must fill the vacancy within 30 days after it occurs, or the county legislative body or municipal legislative body shall fill the vacancy by appointment. When the vacancy occurs due to the death of a board member, the Board must fill the vacancy within 45 days after it occurs, or the county legislative body or municipal legislative body shall fill the vacancy by appointment. Utah Code § 20A-1-511(1) (2020) Interim appointment followed by election for two-year term In the event a vacancy on the Board occurs, or a letter of resignation is received by the Board, at least 14 days before the deadline for filing a declaration of candidacy for the Board, and at least two years of the vacated term will remain after the first Monday of January following the next school board election, then the vacancy on the Board shall be filled by an interim appointment for the remaining unexpired term, which term shall be followed by an election to fill a new two-year term for that Board position. Utah Code § 20A-1-511(2) (2020) School board to provide notice of pending appointment and interview candidates Before appointing an individual to fill a vacancy, the Board shall give public notice of the vacancy and the pending appointment. This public notice shall: 1. Be given at least two weeks before the Board meeting where the vacancy will be filled; 2. Inform the public of:
a. The date, time, and place of the Board meeting at which the vacancy will be filled; and b. The person to whom and date and time before which an interested individual may submit his or her name for consideration for appointment to fill the vacancy. In an open meeting, the Board shall interview each individual whose name is submitted for consideration and who meets the qualifications for office, regarding the person's qualifications. Utah Code Ann. 20A-1-511(3) (2020) Appointment pending effective resignation of Board member Where a Board vacancy will occur because a member has submitted a letter of resignation to the Board, the Board may make an appointment to fill that vacancy before the vacancy occurs (before the effective date of the resignation). However, the individual so appointed may not take office until on or after the day on which the vacancy occurs. After the Board has made the appointment to fill the pending vacancy, the member may not rescind the letter of resignation which led to the appointment. Utah Code § 20A-1-511(4) (2020) BOARD OF EDUCATION: BOARD INTERNAL OPERATION Issue Date: 8/10/05 Updated: 05/12/2022 BD Election of Board President and Vice President 1. The Board of Education shall elect a president and a vice president whose terms of office are for two years and until their successors are elected. 2. The elections shall be held during the first local school board meeting in January following a regular local school board election held in the district. 3. An officer appointed or elected by a local school board may be removed from office for cause by a vote of two-thirds of the local school board. 4. When a vacancy occurs in the office of president or vice president of the local school board for any reason, a replacement shall be elected for the unexpired term. 5. Attendance of a simple majority of the local school board members constitutes a quorum for the transaction of official business. Utah Code § 53G-4-203(1-5)(2019)
BOARD MEMBERS: CONDUCT AND ETHICS Issue Date: 9/11/14
1. The Board commits itself and its members to ethical, professional, and lawful conduct, including proper use of authority and appropriate decorum when acting as Board members. In such conduct, the Board members shall fulfill the responsibilities set forth in the oath of office.
2. District administration shall provide newly elected or appointed board members a copy of this policy. 3. Board of Education members shall have commitment to the owners, the people of Duchesne County School District, unconflicted by loyalties to staff, other organizations, and any personal interest as a parent or guardian of a student. a. Board members shall avoid conflicts of interest with respect to their Board responsibilities. b. Board members shall, upon taking the seat of office or upon discovery, disclose their involvements with other organizations, with vendors, or any associations that are or might reasonably be seen as creating a conflict. When the Board is to decide upon an issue about which a member has a conflict of interest, that member shall withdraw without comment, not only from the vote, but also from the deliberation. c. Board members shall not use their Board of Education positions to obtain employment in the District, or other advantages for themselves, family members, or close associates. Should a Board member apply for employment in Duchesne County School District, he or she must first resign from the Board of Education. 4. Members shall not accept or receive, directly or indirectly, a personal financial benefit, or accept any gift, token, membership, or service as a result of a District purchase entered into or anticipated in the future, from any person, firm, or corporation. a. Board members shall recognize that authority rests with the Board only in official meetings and that the individual member has no legal status to bind the Board of Education outside such meetings. b. In all meetings, a majority of the members of the Board shall constitute a quorum for the transaction of business, and no action of the Board shall be valid unless such action shall receive the approval of a majority of all Board members present. c. Board members must follow all open meeting laws established by the current Utah Open Meeting Law. d. Individual Board members have no authority when interacting with the Superintendent or staff, except when explicitly authorized by the Board of Education. 5. When speaking with the public, press, or other entities, individual Board members must recognize they have no authority to speak for the Board unless specifically authorized or to repeat explicitly stated Board decisions. a. Board members shall honor the high responsibility that Board of Education membership demands by: b. Thinking and acting always in terms of "students first".5.2 Understanding and accepting that the basic function of a Board member is "policymaking", not “administration". c. Ensuring that appropriate facilities and resources are provided for the proper functioning of the schools. d. Making policy decisions without submitting to political pressure. e. Representing the entire school community, not just the precinct from which the Board member was elected.
f. Becoming well informed concerning the duties of Board members and proper functions of public schools. g. Ensuring that they are properly prepared to participate in Board deliberations. h. Exercising oversight on behalf of all students and constituents regarding District policy, goals, and programs. 6. Refusing to discuss confidential business of the Board, including closed session items, anywhere but in the proper Board setting. a. Board members shall respect relationships with other members of the Board by: b. Making decisions only after all facts bearing on a question have been presented and discussed. c. Respecting the right of others to their opinions and supporting the "majority rule" principle. d. Providing any prepared material for use during a Board meeting to all Board members prior to the meeting. 7. Demonstrating respect for fellow Board members at all times. a. Board members shall maintain desirable relationships with the Superintendent and the staff by: b. Having the Superintendent present at regular and special meetings of the Board. On rare occasion, the Superintendent may be excused at the discretion of the Board. 8. Referring complaints to the Superintendent and discussing such complaints at a regular meeting only after failure of administrative solution.
a. Board members shall meet responsibilities to the community by: b. Appraising the present and future educational needs of the community.
c. Communicating the goals and actions of the Board and District to the community. d. Insisting that all District business transactions be conducted on an open, ethical, and above-board basis. e. Seeking financial support for the schools. f. Involving the community in the schools and the educational process. g. Visiting schools and school functions regularly. h. Participating in community events. 9. Board members shall strive to have meetings conducted in a businesslike manner with appropriate decorum through: a. Attending meetings and being prepared to participate. b. A well-planned agenda that is adjusted to focus on the ends. c. Keeping discussion centered on the agenda and staying focused on Board business.
d. Generally holding discussion after a motion and a second, with allowance for each member to speak on each issue. e. Balanced participation, with everyone participating and no one dominating. f. Sharing viewpoints in a clear, concise manner. g. Accomplishing work in an atmosphere of trust and openness, with respect and courtesy. h. Taking action at the policy level rather than the operational level. i. Monitoring policies to facilitate rigorous accountability and assurance of Superintendent performance. j. Supporting the Superintendent’s reasonable interpretation of applicable Board policies, or further clarifying Board intention by revising the policies. k. Making decisions based on information garnered from community input, both formal and informal. 10. The Board will govern lawfully on behalf of students with an emphasis on strategic leadership for the future of Duchesne County School District through: a. Outward vision rather than an internal preoccupation or personal agenda. b. Encouragement of diversity in viewpoints.
c. Strategic leadership more than administrative detail. d. Clear distinction of Board and Superintendent roles. e. Collective rather than individual decisions. f. Future thinking, rather than past or present. g. Governing proactively rather than reactively.
BOARD MEMBERS: COMPENSATION AND EXPENSES Issue Date: 9/11/14 Updated: 01/03/19 BBG Compensation Each member of the Board of Education, except any student member, shall receive an amount not to exceed $_________ per year, payable monthly, as compensation for services. Health insurance benefit Each member of the Board of Education, except any student member, shall be eligible to participate in the district’s health insurance programs during the term of service as a Board member. Board members, except any student member, may receive the same health insurance benefit as a full-time certificated employee. Member expenses
Reimbursement to board members for travel expenses for attendance at regional, state, or national conventions, conferences, and workshops shall be made by the District when attendance is authorized and deemed by the Board to be necessary or desirable in carrying out the educational functions of the District; each member shall submit an itemized account of necessary travel expenses for Board approval. Such activities may not exceed 12 per year. Such travel expenses shall be reimbursed at the rates established by the State Division of Finance for members of the State Board of Education. Board members shall also be compensated for necessary expenses incurred by them on behalf of the School District in the discharge of their duties as board members.
Utah Code § 53G-4-204(5) (2018) Utah Code § 53E-3-202(3) (2018)
Public hearing for adoption or revising compensation schedules Beginning on July 1, 2007, before adopting a new Board member compensation schedule or amending an existing schedule, the Board shall first hold a public hearing on the proposed compensation schedule or schedules at which all interested persons shall be given an opportunity to be heard. In addition to satisfying the notice requirements for an open Board meeting, the Board shall also meet the specific notice requirements for a public hearing on Board member compensation (see Policy BEA). Utah Code § 53G-4-204(2), (3) (2018) Non-member expenses The Board may not pay the travel expenses of spouses and other persons who have no responsibilities or duties to perform for the Board when they accompany Board members to Board-related activities. Student member expenses Any student board member is not compensated for services, but is entitled to expense allowances granted other Board members under this Policy. Utah Code § 20A-14-206(6)(a) (2018) APPOINTED OFFICIALS: EXEPTION FROM PARTICIPATING IN UTAH RETIREMENT SYSTEMS Issue Date: 12/13/18 The Superintendent of Schools and the Business Administrator may exempt from participating in the Utah Retirement Systems. Exempting under the Tier 1 system would be exempting out of the retirement contribution that the district would contribute. Exempting under the Tier 2 system would be exempting from the four year vesting period. Utah Code § 49-13-203(4)
BOARD MEMBERS: RETIREMENT ELIGIBILITY Issue Date: 9/11/14
Members of the Board of Education are considered part-time and ineligible for benefits provided by the Utah Retirement Systems programs.
PRESIDENT OF THE BOARD: DUTIES Issue Date: 9/11/14 BDAB Duties Generally
The president of the Board of Education shall preside at all meetings of the Board, appoint all committees, and sign all warrants ordered by the Board to be drawn upon the business administrator for school moneys. Utah Code § 53G-4-205(1) (2018) Presiding Officer Duties as presiding officer:
1. Call the Board into session. 2. Conduct Board meetings.
a. Declare the opening of meetings b. Determine order of business according to Board policy.
c. Recognize claimants to the floor. d. Rule on admissibility of business.
i. Declare motions in or out of order. ii. Declare, subject to overriding, the propriety of the Board’s considering specific items of business. iii. Declare, subject to overriding, specific items of business in or out of the Board’s province of action. e. Within limits of Board policy, control extent of discussion. i. Declare, subject to overriding, discussion closed whenever comment becomes repetitious, dilatory, or no longer pertinent to the point at issue. ii. Declare discussion closed whenever time limits previously determined by Board action have been reached.
iii. Maintain the dignity of the Board in session. f. Apply the rules of parliamentary procedures. i. Restrain debate within bounds of good taste and courtesy.
ii. Provide equal opportunity for expression of opposing points of view. iii. Within limits of Board policy, secure the rapid handling of Board business.
iv. Rule out of order all action and comment unbecoming a legislative body in session. g. Declare the results of Board voting. i. Declare the passage or non-passage of motions. ii. Declare for the record the identities of members (including the president) voting aye and nay and of those not voting. h. Ensure the legal recording of Board business. i. Declare Board decisions to the secretary of the Board of Education ii. Make inquiry of the secretary or make investigation of the record as to the rate of progress of note-taking with respect to the Board’s dispatch of business. i. Increase efficiency in Board meeting procedures. j. Declare the meeting adjourned. 3. Ensure proper keeping of Board records and supplies. 4. Sign as president of the Board official copies of minutes and other Board documents. 5. Secure the legality of Board action, procedures, meetings, and membership. 6. Receive for the Board all delegations and petitions. 7. Issue, subject to Board approval, official statements of Board action and policy. Duties Regarding Other Board Members Duties in relation to other Board members: 1. Lead discussion in Board meetings. a. Cause topics for discussion to be listed and given to all members prior to meetings. b. Stimulate participation of all members in discussion. c. Keep discussion to the point. d. Ensure discussion of all important phases of each problem considered. e. Ensure the full employment of special abilities of individual Board members in the carrying on of Board business. f. Draw discussion toward an authorization or directive of action or toward a statement of policy. 2. Guard the rights of expression and freedom of action of all Board members. a. Maintain democratic procedures in all Board sessions. b. Protect minority opinion. c. Ensure fair hearing for all points of view. d. Secure Board respect for expression of dissenting opinion.
e. Prevent, within Board policy, termination of discussion of any problem until each member has expressed an opinion or has indicated willingness to have discussion ended. f. Rule impartially on arguments turning on judgments of the presiding officer. g. Prevent decision-shaping influences upon Board members other than those in free, thorough, and democratic discussion in Board meetings. h. Refrain from discussing elements of Board deliberations outside of Board meetings except when the public interest requires an official statement. i. Hold that all decisions and actions of the Board are of all members until such decisions and actions are disavowed by a majority vote in legal session of the board. j. Ensure the authorizing, conducting, and reporting of all Board business in legal sessions of the Board. k. As presiding officer, ensure the good order of meetings with courtesy, tolerance, sincerity, and mutual respect evidenced in members’ relations with one another. 3. Induct new members. a. Determine the legality of the membership claimed. b. Declare the seating of the new member. c. Express the official welcome of the Board. d. Introduce the new member to other Board members, the superintendent of schools, and other school personnel. e. Provide informative materials concerning the school system, school district organization, Board practices and policies, duties of Board members, legal authorizations and compulsions, educational programs of the schools, current problems of the Board, and sources of information aiding in decision making in school board deliberations. f. Make accessible all records of Board business. g. Provide, according to Board policy, equipment such as binder covers for official copies of Board documents, Board membership list, school directory and calendar, school district map, population charts, statements of Board policy, state school code, books and magazines, notebooks, and file folders. h. Arrange tours of observation through the school system for new members. 4. Promote good relations with other school boards. a. Secure the exchange of information. b. Encourage reciprocal visiting of board meetings and school plants. c. Assist in developing area meetings of members of school boards. d. Ensure the representation of the Board of Education by Board members at county, state, and other meetings. e. Participate in planning for the general improvement of educational opportunity. 5. Maintain the preeminence of worthy educational objectives in all school board activities.
a. Ensure long-range planning of activities toward the accomplishment of educational objectives. b. Secure the continual informing of the Board by the staff on programs and problems in education. c. Draw upon the staff for assistance in Board deliberations. d. Evaluate all proposals in the light of their relation to the accomplishment of worthy educational objectives. e. Bring about the expression of community needs in education. 6. Cause the development and execution of a long-range plan of school improvement and Board action. 7. Secure the adoption of codes of ethics governing the Board of Education. 8. In the public interest, expose and eliminate any instances of unethical conduct of any Board members. Duties Regarding Staff Duties in relation to the certified and classified staff of the District: 1. Represent the Board in official relations of the Board with the certified and classified staff. 2. Make official representations of the Board to the staff through the executive officers of the school system. 3. Accept representations of the staff through the executive officers of the school system. 4. Require the filing of school reports to the Board according to Board policy. 5. Make, as a Board member, tours of observation of the school system. 6. Make as the Board president, with the full Board or an authorized committee, tours of inspection annually. 7. Respect professional codes of ethics and demand their observance. 8. Observe codes of ethics for Board members in all relations with the certified and classified staff. 9. Secure the academic freedom and personal liberties of individuals of the school staff. 10. Require the observance of contractual provisions. 11. Secure Board adoption of equitable policies of employment, retention, promotion, and release of personnel. 12. Maintain the preeminence of pupil and student welfare over Board and staff welfare, comfort, and convenience. 13. Require, through Board cognizance of school operation, high standards of service of school personnel. 14. Draw fully on the ability of the staff for assistance to the Board in improving the entire school organization.
Duties Regarding the Local Community Duties in relation to the community:
1. Represent as Board member the entire school district in Board deliberation. 2. Seek expression of community opinion as guide to the Board of Education.
3. Interpret expressions of community pressure groups in relation to the public interests. 4. Defend, under democratic concepts of rights and liberties, community minority groups in relation to the school system. 5. Refer to the certified staff, subject to review by the Board if necessary, problems of professional relations with the community. 6. Interpret the community to the certified and classified staff. 7. Protect professional and other school personnel from improper pressures of community groups or individuals. 8. Interpret the educational program and plans to the community. 9. Promote community understanding and interest in school activities and develop community concern for worthy educational accomplishments.
10. Promote school activity in community improvement programs. 11. Attend as Board member school-centered community activities. 12. Represent the Board in official statements to the public.
Duties Regarding State Government Duties in relation to the state government: 1. Represent the state educational authority in the school district. 2. Secure observance in the school system of applicable sections of the state school law. 3. Ensure legality of all school and school board actions. 4. Require, through Board authority, the prompt filing of accurate reports by the school system to the state government. 5. Conduct, as presiding officer of the Board, public hearings as required by law. 6. Secure all possible advantages for the school system under permissive legislation. 7. Lead the Board to an understanding of state school organization and state school law. 8. Act with the state government and other governmental units including school districts in promoting educational opportunity for all persons in the state. 9. As a state school officer, act in the public interest of the state as a whole when that interest and local public interest appear to be at variance. President’s Duties to Be Performed by Vice-President
If the president is absent or acquires a disability, these duties are performed by the vice-president. Utah Code § 53G-4-205(2) (2018)
1.0110 BOARD MEETINGS
1.0110.01 BOARD MEETINGS Issue Date: 8/10/05 Updated: 2/13/20 BE 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. However, a “meeting” does not include a chance or social gathering; or meetings where no funds are appropriated for expenditure and board members are convened solely to discuss administrative or operational matters which do not require formal action or would not come before the Board for discussion or action. Utah Code § 52-4-103(6) (2017) Rules of Order and Procedure The Board meets in accordance with its approved published schedule; special sessions may be scheduled when necessary. All meetings are announced to the public regarding time and place and are conducted openly for all. (The Board may go into executive sessions from which the public is excluded, but no official business may be finally approved during such time.) Anyone may attend the board meetings, but participation is restricted to those on the agenda; or, individuals may address the Board during open time. To be placed on the agenda, interested parties must contact the Superintendent at least one week prior to the meeting and provide an outline of information pertaining to the topic of interest. Three members of the Board constitute a quorum at all regular and special meetings and it is necessary for a majority of the members to concur before an action of the board becomes policy. Roberts Rules of Order govern the parliamentary procedure of meetings when not in conflict with adopted rules and regulations. Upon a two-thirds vote, the Board of Education may expel a member of the Board from an open public meeting of the Board for: 1. Disorderly conduct at the meeting; 2. The member’s direct or indirect financial conflict of interest regarding an issue discussed at or
action proposed to be taken at the meeting; or 3. Commission of a crime during the meeting.
The Board of Education may also adopt rules that expand the reasons for expelling a Board member from an open public meeting or which establish more restrictive procedures for such expulsion. Utah Code § 53A-3-106(5))(2015)
Open to the Public Every meeting of the Board shall be open to the public unless closed pursuant to Utah Code Ann. §§ 52-4-204, 52-4-205, and 52-4-206. Utah Code § 52-4-201(1) (2006) Public Hearing 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 submitting a ballot issue regarding bond authorization or a tax increase, 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. Utah Code § 11-14-318 (2008) Interference with conduct of Board meetings Those in attendance at Board meetings are prohibited from interfering with the conduct of the meeting by demonstrations, whether audible or visual or by conduct. Those who do not abide by Board procedures for orderly presentation of comments when permitted may be asked to leave or the Board may request law enforcement to remove those disrupting the meeting. Distribution of handbills, flyers, or other printed materials by members of the public is prohibited during Board meetings. Similarly, members of the public may not circulate petitions or similar requests for participation during a Board meeting. Public Recording Utah Code § 53A-3-402(21) (2019) Utah Code § 53A-19-102(2) (2019) Utah Code § 53A-3-202(2) (2019) Utah Code § 59-1-1605 (2016) 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. Utah Code § 52-4-203(5) (2017) Attendance by Local Government Representatives An interested mayor or interested county executive (or their designees) may attend and participate in the board’s discussions in the open portions of the Board’s meetings. An “interested mayor” is the mayor of a municipality which is partly or entirely within the boundaries of the school district. An “interested county executive” is the county executive or county manager of a county with unincorporated area within the boundary 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. An interested mayor or interested county official may attend a closed meeting of the Board if invited by the Board. Where the closed meeting is held to discuss disposition or acquisition of real property, an interested mayor or interested county official may attend if invited by the Board and if the mayor or county executive does not have a conflict of interest with respect to the disposition or acquisition.
Utah Code § 53A-3-409(3)(a) (2015)
Quorum A majority of the members of the Board shall constitute a quorum for meetings of the Board.
Utah Code § 52-4-103(11)(a) (2017) Utah Code § 53A-3-201(5) (2005)
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 Ann. § 52-4-1 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.
1.0110.02 BOARD MEETINGS: NOTICE REQUIREMENTS Issue Date: 3/10/16 Updated: 5/12/22 BEA Public Notice of Annual Meeting Schedule
At least once each year, the Board shall give public notice of its annual meeting schedule. The notice shall specify date, time and place of such meetings. Utah Code § 52-4-202(2) (2016) 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) (2016) 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 which identifies the subject of discussion and if known the nature of the Board action being considered on the subject. The Board may not consider a topic in an open meeting which was not listed under an agenda item and included with the advance public notice of the meeting, except that if an unlisted topic is raised by the public during an open meeting, the Board may at the discretion of the presiding Board member
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. (See “Emergency Meeting” below.) Utah Code § 52-4-202(6) (2016) When the Board is meeting to conduct a public hearing with respect to adopting the budget or levying a tax rate which exceeds the certified tax rate, the Board’s agenda must be limited to the hearing(s) and discussion and action on those items. (If the Board holds another meeting on the same date to address general business items, the other meeting must conclude before the meeting on the budget and/or tax rate levy.) Utah Code § 59-2-919(8)(b)(i)(B), (e) (2019) Giving Notice of Meeting Public notice of each Board meeting and of the Board’s annual meeting schedule shall be given by:
1. Posting written notice at the local Board of Education office; 2. Posting notice on the Utah Public Notice Website; and,
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. (Notice to such a newspaper or local media correspondent sent pursuant to a subscription made through the Utah Public Notice Website satisfies this requirement if the notice has been timely sent. 4. Notice of each Board meeting shall also be given to each interested mayor or interested county executive (or their designee). An “interested mayor” is the mayor of a municipality that is partly or entirely within the boundaries of the school district. An “interested county executive” is the county executive or county manager of a county with unincorporated area within the boundaries of the school district. This notice shall be provided by mail, email, or other effective means agreed to by the person to receive notice.
Utah Code § 52-4-202(3), (4) (2016) Utah Code § 63F-1-701(4)(d) (2016) Utah Code § 53G-7-208(3)(e) (2019)
Emergency Meeting 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) (2016) Annual Budget Meeting Notice In addition to complying with the aforementioned public notice requirements, in regards to the budget hearing, the Board shall do the following: 1. Publish the required newspaper advertisement and/or electronic newspaper advertisement (see Utah Code § 45-1-101 (2019) and the required Utah Public Notice Website advertisement at least ten days before the day on which the hearing is held
a. The public hearing notice will include information on how the public may access the proposed budget. 2. File a copy of the proposed budget with the Board’s business administrator for public inspection; and 3. Post a copy of the proposed budget on the District’s Internet website. 4. In addition, if the proposed budget includes a tax rate in excess of the certified tax rate, or if the Board meeting is required 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.
Utah Code § 53G-7-303(3) (2019) Utah Code § 53F-8-201(3) (2019) Utah Code § 59-2-919 (2019)
Bond or Tax Increase Election Hearing Notice In addition to complying with the aforementioned public notice requirements, if the Board is meeting under the Transparency of Ballot Propositions Act to hear arguments for or against a ballot proposition to authorize issuance of bonds or to increase taxes, the Board must post notice of the time, date, and place of the meeting (along with the arguments for and against the proposition): 1. On the Statewide Electronic Voter Information Website for 30 consecutive days before the election on the proposition; 2. On the District’s website in a prominent place for 30 consecutive days before the election on the proposition; 3. If the District publishes a newsletter or other periodical, in the next scheduled edition before the election on the proposition.
Utah Code § 59-1-1604(6) (2016) Utah Code § 59-1-1605 (2016)
The meeting must begin at or after 6: 00 p.m.
Utah Code § 59-1-1605(3)(b) (2016)
Bond Issuance Hearing Notice In addition to complying with the aforementioned public notice requirements, if the Board is meeting to consider authorizing issuance of bonds under the Local Government Bonding Act, it shall publish notice of the intent to issue bonds on the Utah Public Notice Website at least 14 days in advance of the public hearing on the bond issuance as required by Utah Code § 11-14-318. The notice shall give notice that the hearing will be held to receive input from the public respecting the issuance of the bonds and the potential economic impact that the proposed improvement, facility, or property that the bonds will fund will have on the private sector.
Utah Code § 11-14-318 (2021)
Budget Appropriation Increase Meeting Notice In addition to complying with the aforementioned public notice requirements, if the Board is meeting to consider a request to increase a budget appropriation, it shall publish the required
newspaper notice and notice under Utah Code § 45-1-101 of such meeting at least one week prior to the hearing. Utah Code § 53G-7-305(7)(b) (2018) School Closure or Boundary Change Hearing Notice In addition to complying with the aforementioned public notice requirements, if the Board meeting is either to hold a public hearing regarding closing one or more schools, or to take such action, the additional notice requirements set out in Policy 1.0110.07 must also be met. Utah Code § 53G-4-402(21) (2019) Board Member Compensation Hearing Notice If the Board is meeting to consider adopting a new Board member compensation schedule or schedules, or to consider amending an existing compensation schedule or schedules, the notice of the meeting with public hearing shall be given at least seven days prior to the meeting by: 1. Publishing the notice at least once in a newspaper published in the county where the District is situated and which is also generally circulated within the District, and publishing notice on the Utah Public Notice Website; 2. Posting the notice: a. At each school in the District b. In at least three other public places within the District; and c. On the Internet in a manner that is easily accessible to citizens who use the Internet. Utah Code § 53G-4-204(3) (2019)
1.0110.03 BOARD MEETINGS: RECORDINGS AND MINUTES Issue Date: 11/13/14 Updated: 11/8/18 BEB Open Meeting Recording and Minutes
Written minutes and a recording shall be kept of all open board meetings except site visits or traveling tours where no vote or action is taken by the Board, for which only written minutes shall be kept. Written minutes shall include: 1. The date, time and place of the meeting; 2. The names of the members present and absent; 3. The substance of all matters proposed, discussed, or decided by the Board, which may include a summary of comments by Board members; 4. A record, by individual member, of each vote taken;
5. The name of each person who is not a Board member who, after being recognized by the presiding Board member, presented testimony or comments to the Board and a brief summary of their testimony or comments; 6. Any other information that is a record of the proceedings of the meeting that any member requests be entered in the recording and minutes. The requirement that the written minutes include the substance of Board discussion and of public comments may be satisfied by maintaining a publicly available online version of the minutes which includes a link to that portion of the meeting recording which relates to the discussion or comments. The recording shall be a complete and unedited recording of all open portions of the meeting from the commencement of the meeting until the meeting’s adjournment, and shall be labeled or identified with the date, time, and place of the meeting. If the meeting is a public hearing under the Transparency of Ballot Propositions Act, the recording must be digital. Utah Code § 52-4-203(1), (2), (3) (2018) Utah Code § 59-1-1605(4) (2016) Approval of and Availability of Minutes and Recordings of Board Meetings The recording of an open board meeting is a public record and shall be available to the public for listening within three business days after the end of the meeting. If the meeting is a public hearing under the Transparency of Ballot Propositions Act, the digital recording must also be made available on the District’s website within this time period. The written minutes of an open board meeting are public records. The Board shall establish and implement procedures for correction of and formal approval of meeting minutes. Prior to approval, the minutes are considered “pending minutes.” Pending minutes shall be made available to the public within a reasonable time after the meeting. Upon formal approval by the Board, the written minutes of the meeting shall be the official record of the actions taken at the meeting. Approved minutes shall be made available to the public within three business days after they are approved by the Board. Pending minutes of a board meeting shall include the following notice in prominent, easily visible type: “These minutes have not yet been formally approved by the Board of Education and until such formal approval are subject to change.” Utah Code §52-4-203(4)(f) (2018) Utah Code § 59-1-1605(4)(b)(i) (2016) Closed Meeting Recording and Minutes Except when the reason for closing the meeting is the discussion of personal information (the character, professional competence, or health of an individual) or security issues, as specified in Policy BEC, a recording shall be kept of all closed meetings and written minutes may be kept of closed meetings. 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 others present.
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