NBMO - Open Meeting Law

An Open Meeting is a meeting in the public, not of the public.  Many of us have attended an Open Meeting and were dismayed that we weren’t given more the 2-3 minute allotment to speak and didn’t have an opportunity to address the members of the board or council.  The statement that the Open Meeting is a meeting in the public, not of the public summed up what we learned about Open Meetings the best way.

An Open Meeting applies to any meeting of a quorum of the members of the public body.  In the case of the Tombstone School Board, it would be three members.   This includes conference calls, e-mails, and a series of one-to-one discussion intended to lead to an agreement among a quorum.  It also applies not only to something on a pending agenda, but anything that conceivably comes before the Board. Board Members cannot direct a staff or community member to communicate with other members of the Board if the communication is related to topics that may come before the Board.  If three or more of us are to attend the same event, we are to post a notice that we will be in the same location, but no discussion or action  of any school business will take place.

All School Board meetings are open to the public.  The information on a School Board Agenda is in the public’s Interest, but not necessary the interest of the public, therefore the public attends when topics discussed, and to be voted on, are of interest to them. Notice to the public should go beyond the minimum.  It was recommended that we post to school website, newspapers, and in public locations where community will see the agenda.  Posting must be made, at least, 24 hrs in advance of the meeting.  Agendas should not contain acronyms.

           

Open Calls to the public are allowed, but there can be no discussion between the public and Board Members during Call to the Public.  The Board President can assign someone to complete a task for follow-up or request the item be placed on the agenda for another time.  Again, I need to reiterate, Board Members are not allowed to engage back and forth with audience.  If the President requests testimony from audience their response is limited to the time allowed and opposing sides are granted the same amount of time to speak.

Minutes of meetings, except the Executive Session (a meeting of a quorum of members of a public body from which the public is excluded for one or more of the reasons listed below), need a sign in sheet, must be available to the Board Members and public within 3 days of the meeting, and must be kept for 6 months.

           

There are 8 authorized Reasons for Executive Sessions

1.         Employee matters
2.         Legal advice
3.         Records exempt from public inspection & information remain confidential by state or federal law
4.         Contract negotiations, pending litigation or settlement discussions
5.         Negotiating representative of the staff during contract time
6.         International/interstate negotiations
7.         Purchase, sale or lease of real property
8.         Student discipline