Policy 2320

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COMPLIANCE WITH THE OPEN MEETINGS LAW   Policy Code:   2320

The board affirms the public policy of this State that hearings, deliberations and actions of public bodies be conducted openly.

Contents

Applicability

All "public bodies" holding official meetings must comply with the requirements of the open meetings law in Article 33C of Chapter 143 of the General Statutes. The term "public bodies" includes the board, any committees of the board, school improvement teams and, as defined by law, any other committee of two or more members that exercises or is authorized to exercise a legislative, policy-making, quasi-judicial, administrative or advisory function, unless the committee or group is solely comprised of professional staff.

Compliance

As secretary to the board, the superintendent will provide required notice and record and maintain minutes of all official meetings of the board, board committees or committee appointed by the board. The principal or the principal’s designee will be responsible for compliance with the open meetings law by school improvement teams or any other public bodies at the school level. The superintendent or designee will make copies of the open meetings law available to any public bodies associated with the school district. The board and other public bodies of the school district are encouraged to consult the local board attorney in accordance with policy 2610, Board Attorney, to obtain advice on complying with the legal requirements of the open meetings law.

Notice

Notice will be given in accordance with law for all regularly scheduled meetings, emergency meetings, and any other meetings, such as public hearings, work sessions, electronic meetings or retreats.

Minutes

For all official meetings, whether held in open or closed session, minutes will be recorded and maintained in accordance with all legal requirements. The superintendent is responsible for assuring that full and accurate minutes are kept, both of meetings of the board and committees of the board. Minutes will include:

  1. A record of all actions taken by the board or committee, including a summary of discussions and a record of each member’s vote on an issue, unless the vote is unanimous;
  2. Resolutions and motions in full, including appropriate references to reports and documents; and
  3. A record of the disposition of all matters which the board or committee considered, but did not take action upon.

Copies of the draft minutes will be sent to all board members prior to the meeting at which the minutes are to be approved. Approved minutes must be signed by the superintendent. Once adopted, the minutes become public and permanent records of the board. They will remain in the custody of the superintendent, who will make them available to the public on the dates and hours the superintendent’s office is open for business. (See policy 2321 for special rules regarding closed session minutes.)

Closed Sessions

Closed sessions will be held only when required to permit the board to act in the public interest and as permitted by law as set forth in policy 2321 (Closed Session). A motion to go into closed session must be made and adopted in open session in accordance with the requirements of G.S. 143-318.11(c) and policy 2321 (Closed Session).


Legal References: G.S. 143-318.9, .10, .11, .12 and .13, .16B

Cross References: Board Attorney (policy 2610), Closed Session (policy 2321)

Adopted: August 20, 2007

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