A meeting is defined as the convening of the Board of Trustees to make a decision or to deliberate toward a decision on any matter. Trustees may participate in Board meetings via electronic means, including telephonic or video conferencing devices, provided at least one member of the Board of Trustees or Superintendent is physically present at the meeting location.
Unless otherwise specified, all meetings will be held in the board room at the school district offices. Regular meetings shall be held at 7:00 PM on the second Tuesday of each month.
In the event of an emergency involving possible personal injury or property damage, immediate financial loss, or the likelihood of injury, damage, or loss, the Board may meet immediately and take official action without prior notification when the notice requirements would make such notice impracticable or increase the likelihood or severity of such injury, damage, or loss, and the reason for the emergency is stated at the outset of the meeting.
No later than 28 days prior to its regular July meeting, the Board shall have prepared a budget, in the form prescribed by the State Superintendent of Public Instruction, and shall hold a public hearing. At such public hearing or at a special meeting held no later than 14 days after the public hearing, the Board shall adopt a budget for the ensuing year. Notice of the budget hearing shall be posted and published as prescribed in Idaho Code. From the time noticed, a copy of the budget shall be available for public inspection during regular business hours.
Special meetings may be called by the Chair or by any two Trustees. If the time and place of special meetings has not been determined at a meeting of the Board with all members present, then written notice of a special meeting, stating the purpose of the meeting, shall be delivered to each Trustee not less than 24 hours prior to the time of the meeting. Such written notice shall be posted conspicuously at the District Office and at least two or more public buildings within the District. Business transacted at a special meeting will be limited to that stated in the notice of the meeting.
Pursuant to Idaho Code, upon a 2/3 roll call vote recorded in the minutes of the meeting, the Board may hold an executive session after the Board Chair has expressly identified the specific legal authorization for holding an executive session and provided sufficient detail to identify the general purpose and topic of the executive session. However, the information provided shall not compromise the purpose of going into an executive session. Only in the event that Board vacancies, and not absences, prevent a 2/3 majority from being present, a simple majority vote to enter executive session may be called.
An executive session may be held for, and only for, the following purposes:
- To consider hiring a public officer, employee, staff member, or individual agent wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. Please note this does not apply to filling a vacancy in an elective office or deliberations about staffing needs in
- To consider the evaluation, dismissal, or disciplining of; or to hear complaint or charges brought against a public officer, employee, staff member or individual agent, or a
- To acquire an interest in real property that is not owned by a public
- To consider records exempt from public
- To consider preliminary negotiations involving matters of trade or commerce in which the Board is in competition with other governing bodies in other states or
- To communicate with legal counsel and to discuss any legal ramifications and/or legal options for pending litigation or possible legal controversies not yet being litigated, but imminently likely to be litigated. The presence of legal counsel at executive session is not sufficient to satisfy this
- To communicate with a representative of the District’s risk management or insurance provider to discuss a pending claim or prevention of a possible claim imminently likely to be filed. The presence of a risk management or insurance provider at executive session is not sufficient to satisfy this
- To conduct deliberations regarding labor negotiations. Note: The Board may still deliberate regarding labor negotiations and may caucus regarding negotiations in Executive Session. However, all actual negotiations between the parties; such as the exchange of offers, counteroffers, and exchange of documents; must be conducted in open session.
No action may be held for the purpose of taking any final action or making any final decisions except for making a determination to place a certified professional employee on probation.
If only an executive session will be held, a 24-hour meeting and agenda notice shall include the date, time, place, items to be discussed, and the specific provision of law authorizing the
executive session. The Board will not change the subject within the executive session to any subject not identified within the motion to enter executive session or to any topic for which an executive session is not provided.
Legal Reference: I.C. § 33-510 Annual Meetings – Regular Meetings – Board of Trustees
I.C. § 74-202 Open Public Meetings – Definitions
I.C. § 74-203 Governing Bodies–Requirement for Open Public Meetings
I.C. § 74-204 Notice of Meetings
I.C. § 74-205 Written Minutes of Meetings
I.C. § 74-206 Executive Sessions – When Authorized
I.C. § 74-206A Negotiations in Open Session Idaho Open Meeting Law Manual, current edition
Adopted on: 12/15/11
Revised on: 8/11/14; 11/10/15; 4/9/19; 10/8/19 Reviewed on: