Policy 1400 - Meetings
Meetings
Meetings of the Richland School District’s Board of Directors, (the “Board”) shall be scheduled in compliance with law and as determined by the Board to be in the best interests of the school district and community. The Board shall function through regular meetings, special meetings and emergency meetings.
Individuals with disabilities who may need a modification to participate in a meeting and those who may have difficulty physically attending a meeting should contact the superintendent’s office no later than three days before a regular meeting and as soon as possible in advance of a special meeting so that special arrangements can be made.
The president of the Board shall preside over each meeting. When the president is not able to preside, the vice-president shall take over that duty. When neither the president nor the vice-president is able to preside, the Board’s legislative representative shall take over that duty. In the event of the temporary absence or disability of these officers, the board of directors may elect a president pro tempore to preside.
Quorum and Voting
A quorum consists of the majority of all board members. A quorum is required for the transaction of business, including voting. Board members are not required to be physically present to attend a board meeting. Any or all board members may attend a board meeting and vote via any communication platform that provides real-time verbal communication without being in the same physical location with those in attendance.
Additionally, any meeting required to be open to the public and held via a communication platform must: 1) include proper notice with any required passwords or authorization codes; 2) be known and accessible to the public; and 3) accommodate any member of the public who wishes to participate.
The Board will take no action by secret ballot at any meeting required to be open to the public. Generally, the board votes on motions and resolutions by “voice” vote. A motion passes when a majority of those board members present and voting vote in favor. However, a majority vote of all board members is required to elect or select a superintendent or board officer and the board must vote on these matters by an oral roll call.
Meeting Conduct and Order of Business
The Board will conduct all board meetings in a civil, orderly, and business-like manner. The Board uses Roberts Rules of Order (Revised) as a guide, except when board bylaws or policies supersede such rules. During board meetings, board members will refrain from communicating electronically (e.g., by email, text, social media) with their fellow board members.
The Board will use the agenda to establish its regular order of business. However, either the Superintendent or a board member may request additions or changes to the prepared agenda, and the Board may adopt a revised agenda or order of business by a majority vote of the board members present. At a special meeting, the Board may take final action only on that business contained in the notice of the special meeting.
Board members may request future agenda items.
Public Attendance and Comment
Any member of the public may attend board meetings, including individuals who do not live within district boundaries. The Board will not require people to sign in, complete questionnaires, or establish other conditions for attendance.
The Board recognizes the value of public comment on educational issues and the importance of involving members of the public in its meetings. In order to permit fair and orderly expression of public comment, with the exception of emergency situations, the Board will provide a period at or before every regular meeting at which final action is to take place for public comment. During public comment period, visitors may address the Board on any topic within the scope of the Board’s responsibility.
Public comment may occur orally or through written comments submitted before the meeting. Written comments must adhere to the standards of civility discussed below and must be received within 24 hours before the board meeting. All written public comments timely submitted will be distributed to each board member.
The Board may structure the oral public comment period, including determining the total time allotted for public comment and equally apportioning the minutes for each speaker. The Board is not obligated to provide additional public comment time to accommodate everyone in attendance who wishes to speak. Any structure the Board imposes will be content neutral.
The Board may require those who wish to speak (but not all attendees) to sign in so that the Board has a tally of individuals who wish to speak and can call them forward. When called forward, individuals will identify themselves and proceed to make comments within the time limits established by the Board.
The Board is not obligated to respond to questions or challenges made during the public comment period and the Board’s silence will not signal agreement or endorsement of the speaker’s remarks. The Board may control the time, place, and manner of public comment. The president may terminate an individual's statement when the allotted time has passed or is irrelevant and may interrupt a speaker to require the same standard of civility that the Board imposes on itself. Examples of uncivil comments include comments that:
- Are libelous or slanderous under legal standard;
- Are an unwarranted invasion of privacy;
- Are obscene or indecent pursuant to the Federal Communications Act or any rule or regulation of the Federal Communications Commission;
- Violate school district policy or procedure related to harassment, intimidation, bullying, or discrimination;
- Incite an unlawful act on school premises or violate a lawful school regulation; or
- Create a material and substantial disruption of the orderly operation of the board meeting
The Board, as a whole, has the final decision in determining the appropriateness of all such rulings and can maintain order by removing those who are disruptive. However, the Board recognizes the distinction between uncivil discourse, which it will not tolerate, and comments about the Board, District, and/or staff that are negative yet still civil in nature. The Board will exercise its authority to maintain order in a content neutral manner.
In addition to the public comment period at the beginning of the meeting, the Board may identify the agenda items that require or would benefit from opportunity for public comment and may provide those opportunities as part of the meeting agenda before taking final action. Individuals or groups who wish to present to the Board on an agenda item are encouraged to request and schedule such presentations in advance.
Opportunity for public comment—both oral and written—is required before the Board adopts or amends a policy that is not expressly or by implication authorized under state or federal law, but which will promote the education of K-12 students, or will promote the effective, efficient, or safe management and operation of the District.
Regular Meetings
Regular meetings of the Board of Directors shall normally be held at the Administration Building on the second and fourth Tuesdays of each month, with the exception of December and July. In these months only one regular meeting is required, the exact time to be designated by the Board and published. The Board may change the date, time, or location of regular meetings by motion passed in an open session of the Board.
An agenda of the business that the Board will transact will be posted on the District website, or the website shared or hosted by another public agency not less than twenty-four (24) hours in advance of the published start time of the meeting.
If the Board adjourns to times other than a regular meeting time, the Board will provide notice of the meeting in the same manner as provided for special meetings. All regular meetings of the Board will be held within the District’s boundaries.
In cases of emergency, fire, flood, earthquake, or other emergency, the presiding officer will provide for a location other than that of the regular meeting, a remote meeting with no physical location, or a meeting at which physical attendance is limited. In the instances of remote or limited in-person meetings, the District will provide real-time telephonic, electronic, internet, or other readily available means of remote access that do not require an additional cost to access the meeting.
The District will hold remote or physical attendance limited meetings only in cases of emergency declared by federal, state or local government, or in cases of local emergency, fire, flood, earthquake or other emergency, and at such meetings will provide real-time telephonic, electronic, internet or other readily available means of remote access that do not require an additional cost to access the meeting.
Special Meetings
Special meetings of the Board may be held at any time needed and at a convenient place. Special meetings shall be called by the president, or by a majority of the members of the Board.
A written notice of a special meeting, stating the time and place of the special meeting and the business to be transacted will be delivered to each board member. Written notice will also be delivered to each newspaper and radio or television station that has filed a written request for such notices. Written notice may be delivered personally, by mail, facsimile, or email. The notice must be posted on the district's website.
The District must also prominently display the notice at the main entrance of the District's headquarters as well as at the location of the meeting if the meeting is held at a location other than the headquarters and is not held as a remote meeting. During a declared emergency that prevents a meeting from being held in-person with reasonable safety, the District may post notice of a remote meeting without a physical location on the district website, or the website hosted or shared by another agency.
All required notices must be delivered or posted not less than twenty-four (24) hours prior to the meeting.
A board member waives the written notice requirement if that board member:
- Submits a written waiver of notice to the board secretary at or prior to the time the meeting convenes. The waiver may be given by telegram, fax, or email; or
- Is actually present at the time the meeting convenes.
The Board will not take final disposition on any matter other than those items stated in the meeting notice. If the District calls a special meeting of the Board to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage, or when the required notice cannot be posted or displayed with reasonable safety, including but not limited to declared emergencies in which travel to physically post notice is barred or advised against, the Board may meet immediately with no prior notice.
Emergency Meetings
If the District determines, by reason of fire, flood, earthquake, or other emergency, that there is a need for expedited action by the board to meet the emergency, the President may provide for a meeting site other than the regular meeting site, for a remote meeting without a physical location, or for a meeting at which the physical attendance by some or all members of the public is limited due to a declared emergency. The President may provide for an emergency meeting without providing notice.
If, after the declaration of an emergency by a local or state government or agency, or by the federal government, the District determines that it cannot hold a board meeting with its members or with public attendance in person with reasonable safety because of the emergency, the District will either:
- Hold a remote meeting without a physical location, or
- Hold a meeting at which the physical attendance by some or all members of the public is limited due to the declared emergency.
Members of the Board may appear at a remote meeting telephonically or by other electronic means that allows for real-time, remote communication.
For a remote meeting or a meeting at which the physical attendance by some or all members of the public is limited due to a declared emergency, the District must provide an option for the public to listen to the proceedings telephonically or by using a readily available alternative in real-time that does not require any additional cost for participation. Free readily available options include, but are not limited to, broadcast by the public agency on a locally available cable television station that is available throughout the jurisdiction or other electronic, internet, or other means of remote access that does not require any additional cost for access to the program. The District may also permit the other electronic means of remote access.
The District will provide notice for remote meetings or meetings at which the physical attendance by some or all members of the public is limited due to a declared emergency according to this Policy. The notice for meetings pursuant to a declared emergency must include instructions on how the public may listen live to proceedings and how the public may access any other electronic means of remote access offered by the district.
The District will not take final disposition on any matter during a remote meeting or a meeting at which the physical attendance by some or all members of the public is limited due to a declared emergency unless the District has provided an option for the public to listen to the proceedings, except for an executive session.
Executive Sessions
Before convening in executive session, the president will publicly announce the general purpose for excluding the public from the meeting place and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the president.
An executive session may be conducted for one or more of the following purposes:
A. To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price;
B. To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price; however, the final action of selling or leasing public property will be taken in a meeting open to the public;
C. To review negotiations on the performance of publicly-bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs;
D. To receive and evaluate complaints or charges brought against a director or staff member; however, upon the request of such director or staff member, a public hearing or a meeting open to the public will be conducted on such complaint or charge;
E. To evaluate the qualifications of an applicant for public employment or to review the performance of a staff member; however, discussion of salaries, wages, and other conditions of employment to be generally applied within the district will occur in a meeting open to the public, and when the board elects to take the final action of hiring, setting the salary of an individual staff member or class of staff members, or discharging or disciplining an employee, that action will be taken in a meeting open to the public;
F. To evaluate the qualifications of a candidate for appointment to the board; however, any interview of such candidate and final action appointing a candidate to the board will be in a meeting open to the public; or
To discuss with legal counsel representing the district matters relating to district enforcement actions, or litigation or potential litigation to which the district, the board, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the district.
Potential litigation means matters protected by attorney-client privilege related to litigation that has been specifically threatened; litigation that the district reasonably believes may be commenced; or the litigation or legal risks of a proposed action or current practice of the district, if public discussion is likely to result in an adverse or financial consequence to the district.
Closed Sessions/Private Meetings
The Open Public Meetings Act does not apply to certain board activities and public notice is not required prior to holding a closed session for any of the following purposes:
A. Consideration of a quasi-judicial matter between named parties, as distinguished from a matter having a general effect on the public or a class or group; or
B. Collective bargaining sessions with employee organizations or professional negotiations with an employee, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement, or that portion of a meeting in which the board is planning or adopting the strategy or position to be taken during the course of collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress.
Legal References:
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