Policy Number: 1030
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Table of Contents
American Leadership Academy Board of Trustees recognizes that it has a responsibility to conduct its official business in an orderly and open manner as required by law. It is the Board’s purpose to outline the types of meetings it may hold, and to establish procedures by which its meetings will be conducted.
In accordance with state law, the board may hold closed meetings upon a two-thirds affirmative vote of the board members present at a meeting for which public notice was given. These meetings are closed to the public and the board may not approve any resolution, rule, regulation, contract, or appointment during a closed meeting.
A. A closed meeting may be held only for one or more of the following purposes:
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 if public discussion of the transaction would disclose the appraisal or estimated value of the property under the recording
5. Investigative proceedings regarding allegations of criminal misconduct.
B. The Board shall keep a recording of the closed portion of the meeting and may keep detailed written minutes that disclose the content of the closed portion of the meeting. The recording must be complete and unedited, and the recording and any minutes shall include the following:
1. The date, time, and place of the meeting;
2. The names of Board members present and absent; and
3. The names of all others present except where such disclosure would infringe on the confidentiality necessary to fulfill the original purpose of closing the meeting.
C. Both recordings and written minutes of closed meetings are protected records under the Government Records Access and Management Act (GRAMA).
D. Notwithstanding the provisions of GRAMA, both recordings and written minutes of closed meetings, as protected records, may be disclosed pursuant to a court order only as provided by UTAH CODE ANN., 52-4-304.
E. No recording or other minutes need to be kept if the Board enters a closed meeting to discuss the character, professional competence, or physical or mental health of an individual or to discuss the deployment of a security personnel, devices or systems.
This is when a board meeting is convened or conducted by means of a conference using electronic communications. Such electronic means may include communications by telephone, telecommunications, computer, or similar methods of remote communication. It may be convened when one or more Board members is unable to attend in person. The Board shall give public notice of an electronic meeting in accordance with the law. It shall provide notice of the electronic meeting to Board members at least twenty-four hours before the meeting so that they may participate in the meeting and be counted as present for all purposes. The notice should describe how the members will be connected to the electronic meeting.
An electronic meeting may only be held upon request of a member of the Board. If possible, the request must be made at least 3 days prior to the time that the Board meeting is scheduled, so that the necessary arrangements can be made for the electronic meeting.
The primary location for the electronic meeting shall be in the building where the Board meeting would have been held if it were not held electronically.
An electronic meeting may also be held in order to comply with an applicable health and safety orders, or in circumstances in which meeting physically would pose a threat to the health and safety of board members or the community. Remote access and participation by phone, of board members at a regularly scheduled public board meeting does not constitute an electronic meeting.
If unforeseen circumstances make it necessary for the Board to hold an emergency meeting to consider matters of an emergency or urgent nature, the Board may disregard the public notice requirement. However, the Board must give the best notice practicable of the time and place of the emergency meeting and the topics to be considered. An emergency meeting may not be held unless an attempt has been made to notify all Board members and a majority of the members approve the meeting.
This is the convening of the Board of Trustees for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the Board has jurisdiction or advisory power. A Board meeting may not be convened without a quorum present, whether in person or by means of electronic communications, and may include a work meeting or a closed meeting. A board meeting does not include chance or social encounters by Board members or informal gatherings in which Board members do not appropriate funds for expenditure and which are convened solely for the discussion or implementation of administrative or operational matters for which no formal Board action or discussion is required
A. Notice Requirements
1. The Board shall give public notice at least once each year of its annual Board meeting schedule. The notice shall specify the date, time, and place of each Board meeting scheduled for the upcoming year.
2. In addition to the annual notice the Board shall also give at least twenty-four hours public notice of the agenda, date, time, and place of its meetings. Public notice is satisfied by posting notice on the Utah Public Notice Website, posting notice at ALA, and providing notice to a newspaper.
1. The agenda for all Board meetings shall provide reasonable specificity to notify the public as to the topics to be considered at the meeting. Each topic shall be listed under an agenda item on the meeting agenda in a manner which identifies the subject of discussion.
2. The Executive Director shall prepare the agenda after consulting with the Board.
3. Recommended agenda items may be submitted by administrative staff members.
4. Materials approved for the Board meeting should be submitted to the Executive Director’s secretary by the Friday preceding the Board meeting.
5. The agenda, together with supporting materials, shall be distributed to Board members prior to the meeting to permit them to give items of business careful consideration.
Written minutes and a recording shall be kept of all open Board meetings. Written minutes shall include:
1. The date, time, and place of the meeting.
2. The names of the Board 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 was recognized by the presiding Board member and 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 Board member requests be entered in the recording and minutes.
7. 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.
8. Written minutes and the recording are public records and shall be posted to the ALA website.
A majority of the Board constitutes a quorum of the Board. The presence of a quorum is required before the Board may take any vote or action.
1. Except as otherwise provided by law, by regulation of the state board, or by special policies of the Board, meetings of the Board will generally be conducted in accordance with Robert’s Rules of Order.
2. Action items on the agenda require:
a) A motion by a board member
b) A second to the motion
c) A discussion of the motion by Board members
d) A vote by Board members
3. The Board may not consider a topic not listed under an agenda item and included with advance public notice unless the topic is raised by the public during the meeting. In such cases, the Board may, at the discretion of the presiding Board member, discuss the topic but may not take any final action on it.
4. All actions of the Board will proceed by a motion and second to the motion. Motions must be made one at a time and must be concluded prior to the introduction of additional motions.
5. It is expected that all Board members will vote on all motions, however, special circumstances may require a Board member to abstain from voting.
6. A member who has a personal or private interest in any proposed or pending matter which presents a conflict of interest will not vote.
7. Individual votes of Board members will be recorded in the minutes.
F. Public Comment
The Board recognizes that public comments and suggestions are vital to its decision making process. The Board welcomes public participation and will normally include a public comment period on the agenda.
G. Annual Training
Members of the Board will be provided annual training on provisions of the Utah’s Open and Public Meetings Act.