Meeting Types Flashcards
Why School Boards can have Executive Session
- Matters affecting national security;
• The selection of a site or the acquisition of real estate if public knowledge of the matter might
increase the price;
• The minimum selling price of real estate if public knowledge of the matter might depress the
price, but final action selling or leasing real estate must be taken in a public meeting;
• Negotiations on the performance of a publicly bid contract if public knowledge might increase
costs;
• Complaints or charges against an employee or board member, however the person complained
against may open the meeting to the public;
• Qualifications of an applicant for public employment or review the performance of a public
employee, but final actions must be taken in public and discussions affecting employees
generally must be held in public;
• Qualifications of a candidate for appointment to elective office, but interviews and the final
appointment must be held in public; and
• Discussion with legal counsel, of enforcement actions, litigation or potential litigation, if public
discussion might result in an adverse legal or financial consequence. Amendments in 2001
provided a specific definition of potential litigation.
What is a special meeting?
Any meeting of the board that is not a regular meeting as set out in the board’s policy for day, time
and place, is a special meeting. A special meeting of the board may be called by the president
or chair of the school board, or by a majority of the board.
Can a special meeting be held for the purpose of holding an executive meeting?
A special meeting can be held for the purpose of holding an executive session. The meeting
notice should state the general reason for the executive session. The special meeting is called
to order, the president or chair announces the board is going into executive session, and the
meeting can proceed. The minutes are brief, showing when the meeting was called to order,
who was present, the general purpose for the executive session and any actions taken by the
board, if any, when they return to open session.
Emergency Meetings
Notices for special meetings need not be issued if the meeting has been called to deal with
emergencies involving injury to persons or property or the likelihood of such injury, if the time
requirement is impractical and would increase the likelihood or severity of injury or damage.
The law also provides that fire, flood, earthquake or other emergencies are grounds for holding
a meeting at another time or site and notice requirements may be suspended. Under the law,
emergencies that qualify for suspending the notice requirements are extremely rare.
What are the minimum for school board meetings?
At a minimum the minutes should include:
the date, time and place of the meetings;
the presiding
officer;
members of the board in attendance;
items discussed, motions made and results of votes
on motions;
any action to adjourn to executive session with a general statement of purpose;
and time of adjournment.
How are voice votes recorded?
If a voice vote is taken, the president or chair shall announce the motion passed or failed, if
there is no contradiction by the board. The record only needs to reflect if the motion passed or
failed, not each member’s vote.
Some matters, election of board officers, filling board vacancies
and selection of a superintendent, require a roll call vote and the results of the vote recorded
by name. It should be noted the OPMA bars any secret voting by school board members and
other governing officials.
How can a board member move to have the agenda changed?
If a board member wishes to have something addressed on the agenda that the board president
has not included, the board member may move under parliamentary procedure to have the agenda
amended to include the issue. If a majority of those present agree, the agenda is amended to
address the board member’s concern.
Are public comment periods required by law?
Public comment periods at board meetings are a tradition in many districts that serve the district
and community well. They are not required by law* but are appropriate and the board should be
diligent in assuring public comment takes place at appropriate times in board meetings.
What is the minimum time before to post a meeting?
The agenda for a regular meeting, once established, must be posted on the district website no later
than 24 hours in advance of the published start time of the meeting. Subsequent modifications
to the agenda are permissible.
What is the minimum for noticing a meeting?
School boards should have policies announcing when the regular meetings of the board will be held.
By law (RCW 28A.343.380) the board must meet at least once per month, and can meet more often.
A board’s policy should identify the date, time and place of the board’s regular meetings.
Examples non traditional but still public meetings
The board must also be aware of when the OPMA covers events when a majority of the board
is present, but which may not feel like a school board meeting:
• A meeting happens any time a quorum of the board is present and an action happens.
• Action has a broader definition than just a vote on a motion. Action is the transaction of official
business, but includes receipt of public testimony, deliberations, discussions, considerations,
reviews, evaluations and final actions.
A meeting with another jurisdiction, like a city council, county commission, library board or tribal
council would likely involve discussions, thus action, so it is a public meeting.
A school-community forum is likely to include public testimony before members of the board.
This is an action, so the meeting must be handled as a special meeting and be open to the
general public.
Attendance at a staff retreat might very well involve consideration of matters heard, possibly
even discussion or deliberations. This too qualifies as a public meeting.
What is the difference between an executive session and a “private,” “closed” or
“exempt” meeting?
An executive session is that part of the meeting that can be held without the public. The
specific reason for an executive session is listed in the law. The board chair must announce
the purpose of the executive session and how long it will last. Private meetings, also known as
closed or exempt meetings, are meetings that are not covered by the Open Public Meetings
Act. For example, student disciplinary hearings and collective bargaining sessions with
employee groups do not require public notice or access.
The board may go into executive session to “consider” several matters. Does “consider”
include making a decision?
No, the executive session is limited to consideration of the issue. The voting and collective
decision-making should take place in an open meeting.
