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BE

Created:  6 May 2016
Modified:  7 May 2021 (citation)
Modified: 10 May 2023

Board Meetings

Meeting defined—

“Meeting” means the convening of the Board with a quorum present, whether in person or by means of electronic equipment, for the purpose of discussing, receiving public comments about, or acting upon a matter over which the Board has jurisdiction, including a workshop or executive session. 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) (2019)

Rules of Order and Procedure—

The Board of Education shall adopt Rules of Order and Procedure to govern a public meeting of the Board of Education. The Rules of Order and Procedure shall include a set of policies that govern and prescribe in a public meeting:

  1. Parliamentary order and procedure;
  2. Ethical behavior; and
  3. Civil discourse.

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

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

Utah Code § 53G-4-202(1)(c), (2) (2019)

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 policies 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 § 53G-4-202(5) (2019)

Open to the public—

Every meeting of the Board shall be open to the public unless closed pursuant to Utah Code §§ 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 (2021)

Utah Code § 53G-4-402(21) (2021)

Utah Code § 53G-7-303(3) (2019)

Utah Code § 53G-4-204(2) (2021)

Utah Code § 59-1-1605 (2016)

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—

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) (2021)

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 § 53G-7-208(3)(a) (2019)

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) (2019)

Utah Code § 53G-4-203(5) (2019)

Public Participation—

In order to assure that the Board conducts its meetings properly and efficiently, the board adopts the following rules and procedures pertaining to public participation at Board Meetings:

Patrons who wish to address the Board must sign up prior to the start of the Regular Board Meeting either online as directed on the District website or on the sign-up sheet provided at the District Office.  

If several individuals are concerned with the same issue, they should select a spokesperson to address their views.  In the interest of time, the Board may limit cumulative  and repetitive information.

Patrons who sign up using the District website must do so no less than twenty-four (24) hours prior to the start of the meeting.  Patrons who sign up using the district provided sign-up sheet must do so no less than ten (10) minutes prior to the start of the meeting.  Patrons shall list their name, the schools their children attend, their city or town of residence, the topic they wish to address, and whether they are representing themselves or a group.  The Board President will determine if the topic is time sensitive or if the discussion could be postponed to a future meeting.  If a comment pertains to an item on the agenda, comments may be postponed until said agenda item is discussed.

Comments are limited to two (2) minutes for each individual unless the person is speaking on behalf of a group, in which case the comments are limited to five (5) minutes.  The District may time speakers to ensure compliance with this provision.

To ensure  sufficient time to conduct its business, the Board President or other presiding officer may limit the number of patrons allowed to address the Board in a given meeting.  The total amount of time allotted for public comment will not exceed twenty (20) minutes unless the Board President determines additional time will benefit the board in carrying out its duties.  Patrons will be permitted to address the Board either in the order they signed up, by topic, or according to some other order as determined by the President.

Individuals should conduct themselves and present their comments in a manner, giving due respect to the dignity and privacy of others who may be affected by their comments.  Individuals should refrain from making rude or slanderous remarks that may violate the rights of others under laws of defamation or invasion of privacy.

Topics may include suggestions for improving District services or programs, and comments are welcome regarding new issues or new program or policy suggestions.  Comments are not allowed regarding the following subjects:

Bidding or contract matters.

Employment or personnel issues.

Complaints, criticism, or personal attacks against individual students, employees, or other citizens.

Grievances, complaints or other issues that are governed by specific hearing, appeal, or negotiation procedures

The Board President or other presiding officer may terminate the remarks of any individual who does not adhere to the policy.  Individuals addressing the Board who engage in inappropriate or disruptive conduct will be removed from the Meeting.  

Inappropriate or disruptive conduct by members of the audience will not be tolerated.  Patrons in the audience should conduct themselves in a respectful, civil, and courteous manner, refraining from conduct that disrupts the Meeting or inhibits the Board from efficiently conduction its business.  

Patrons presenting highly detailed or complex information should, before the Meeting, provide a written copy or synopsis of their comments for the Board.

Persons appearing before the Board are reminded that members of the Board are without authority to act independently as individuasl in official matters.  Thus, questions may be directed to individual Board Members, but action by the Board is necessary to resolve such questions.  Likewise, members of the Board may not immediately respond to patrons’ questions or engage in discussion or debate.  The Board will take each patron’s comments under advisement, and if further discussion or action is required, the topic will be added to the agenda of an upcoming Board Meeting.

  

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.

 

WAYNE SCHOOL DISTRICT GUIDELINES FOR PUBLIC COMMENT AT BOARD MEETINGS

All regular and special meetings of the Board shall be open to the public. In order to assure that the Board conducts its Meetings properly and efficiently, the Board adopts the following rules and procedures pertaining to public participation at Board Meetings:

Patrons who wish to address the Board must sign up prior to the start of the Regular Board Meeting on the sign-up sheet provided at the District Office. If several individuals are concerned with the same issue, they should select a spokesperson to address their views. In the interest of time, the Board may limit cumulative and repetitive information.

Comments are limited to two (2) minutes for each individual unless the person is speaking on behalf of a group, in which case the comments are limited to five (5) minutes.

Patrons must fill out a “Public Comment” request form at least ten (10) minutes before the start time of the Board meeting, or if online, no less than twenty four (24) hours prior to the start of the Meeting. The Board President will determine if the topic is time sensitive or if the discussion could be postponed until the following month's Board meeting. If a comment pertains to an item on the agenda comments may be postponed until said agenda item is discussed. 

To ensure sufficient time to conduct its business, the Board President or other presiding officer may limit the number of patrons allowed to address the Board in a given Meeting. The total amount of time allotted for public comments will not exceed twenty (20) minutes. Patrons will be permitted to address the Board either in the order they signed up, by topic, or according to some other order as determined by the President.

Individuals should conduct themselves and present their comments in a respectful and courteous manner, giving due respect to the dignity and privacy of others who may be affected by their comments. Individuals should refrain from making rude or slanderous remarks that may violate the rights of others under laws of defamation or invasion of privacy. 

Comments are not allowed regarding the following subjects: 

Bidding or contract matters, employment or personnel issues, complaints, criticism, or personal attacks against individual students, employees, or other citizens. Grievances, complaints, or other issues that are governed by specific hearing, appeal, or negotiation procedures. The Board President or other presiding officer may terminate the remarks of any individual who does not adhere to the policy. Audience members may not participate unless they have signed up to address the Board. The Board will not vote any topic that is not on the current agenda.

I have read the guidelines for participation and request an audience with the Board during the citizen comments portion of the agenda. 

Name and Email: _____________________________________________________________________________

School(s) your children attend: _____________________________________________________________________________ 

City of Residence: _____________________________________________________________________________

Topic: _____________________________________________________________________________

 

Is the item you wish to address on the agenda YES (  )   NO (  )

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