Open Meetings Law Office of Charter Schools Cande Honeycutt Education Consultant January 2016

Goal Each board and school leadership members will receive interpretations of the general statute and recommendations regarding Open Meetings Law

Do Non-profit charter school boards have to follow Open Meetings Law?

Open Meetings Law Requirements Article 33C- Meetings of Public Bodies G.S through Charter Agreement- Section 23 Charter School Law- G.S. 115C

Each official meeting of a public body shall be open to the public, and any person is entitled to attend. Public body does not include a meeting solely among the professional staff of a public body (ie, staff and faculty meetings)

What meetings have to be noticed? Official meeting means a meeting, assembly, or gathering together at any time or place or the simultaneous communication by conference telephone or the electronic means of a majority of the members of a public body.

Meeting Minutes Every public body shall keep full and accurate minutes of all official meetings, including any closed sessions held. Meeting minutes may be written or may be in the form of sound or audio. Closed session minutes shall keep a general account of the closed session so that a person not in attendance would have a reasonable understanding of what transpired. Closed session minutes may be withheld from public inspection so long as public inspection would frustrate the purpose of a closed session.

Closed Sessions May only be held for one of the 9 purposes listed in G.S Prevent disclosure of privileged or confidential information. 2.Prevent premature disclosure of an honorary degree, scholarship, prize, or award. 3.Consult with an attorney to preserve attorney-client privilege. This does not include general policy or other discussions that take place merely because the attorney is present.

4.Discuss matters relating to the location or expansion of the area served by the public body. Any approval must take place in open session. 5.Establish or instruct the public body’s staff or negotiating agents concerning the position taken by or on behalf of the public body for contract negotiations. 6.Consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment or to hear or investigate a complaint or grievance. This does not include considerations of the membership (Non-profit board has to discuss members in open session).

7.Investigate or hear reports on criminal misconduct. 8.Formulate plans relating to emergency response or school safety. 9.Discuss and take action regarding plans to protect public safety.

Closed sessions may only be held upon a motion made and passed at an open meeting. Every motion shall cite one or more of the 9 purposes of holding a closed session. Include any law that renders information as privileged or confidential. Identify any parties in each existing lawsuit discussed during the closed session.

Notice Any changes in meetings shall be noticed at least seven days before the time and place of the first meeting. If the time and place are changed, those changes shall be noticed. Continuation of recessed meetings shall be noticed. For any meeting except emergency, the meeting shall be noticed by posting on the principal bulletin board or the public board or door of the meeting room. Notice of the meeting shall be mailed, ed, or delivered to representatives of the media within 48 hours of the meeting.

Emergency Meetings Notice shall be given for emergency meetings in the same manner as would be utilized for a regularly scheduled meeting. (ie, if posted on the door, notice shall be posted on the door for the emergency meeting). Only business connected with the emergency shall be conducted during an emergency meeting. Emergency meeting is one called because of unexpected circumstances that require immediate consideration.

Web Posting If a public body has a web site and has a schedule of regular meetings, the public body shall post the schedule of regular meetings on the web site. The posting shall occur prior to the scheduled time of the meeting

Electronic Meetings Must allow the public to listen. No voting by secret ballots. No action without meeting.

Meetings may be broadcast any open meeting. Any person may photograph, film, tape-record, or otherwise reproduce any part of an open meeting. A person who willfully interrupts, disturbs, or disrupts an official meeting and who is directed to leave by the presiding officer and willfully refuses to leave is guilty of a Class 2 misdemeanor. The public does not have a right to speak at an open meeting.

Questions ?

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Cande Honeycutt Education Consultant Office of Charter Schools (919)