North Carolina Open Meetings Law January 28, 2015 IntroductionRationale Performance Framework Timeline

23. Open Meetings (in the Charter Agreement) The Nonprofit agrees to be subject to the Open Meetings law (Article 33C of Chapter 143 of the General Statutes). This provision is effective upon the SBE’s final approval of the charter application. IntroductionRationale Performance Framework Timeline

How familiar are you with Open Meetings Law? 1 – Not very familiar 2 – Somewhat familiar 3 – Familiar 4 – Very familiar 5 – An expert in North Carolina Open Meetings Law

Stories from the Field OR LEGAL ILLEGAL

Public Meetings Procedures Notice Closed Session North Carolina Open Meetings Law Open Public Meetings Information Minutes, Vote by Proxy, Electronic Meetings Regular and Irregular Meeting Notice 9 Legal Reasons to go into Closed Session

Public MeetingsProceduresNoticeClosed Session Open Meetings Law is found in Article 33C of Chapter 143 of the General Statues. “each official meeting of a public body shall be open to the public, and any person is entitled to attend such a meeting” Public Open Meetings

Public MeetingsProceduresNoticeClosed Session Action Without a Public Meeting is Prohibited Any gathering of a majority of members for the purpose of conducting hearings, deliberating, voting, or transacting public business is an open meeting.

Public MeetingsProceduresNoticeClosed Session Action Without a Public Meeting is Prohibited But what about parties?

Questions? Public MeetingsProceduresNoticeClosed Session

Public MeetingsProceduresNoticeClosed Session Meeting Minutes Minutes should: Be full Be accurate List dates and times of meeting Include who is in attendance Record the action and the votes Be maintained by someone Be taken for both open and closed session Be provided if requested

Public MeetingsProceduresNoticeClosed Session Video and Recordings of Meetings The board must allow video and recording equipment to be placed in the room and to be used. If the recording is interfering with the meeting, that is the only way you can ask the media to move.

Public MeetingsProceduresNoticeClosed Session Electronic and Phone Meetings A board meeting can take place over a conference call or webinar. The public must have the ability to listen into the meeting.

Public MeetingsProceduresNoticeClosed Session Voting by Proxy or Secret Ballot No voting by proxy in open meetings. No secret ballots. No references to letters, numbers, or any other secret code when voting on action items.

Public MeetingsProceduresNoticeClosed Session Retreats? Subcommittees?

Public MeetingsProceduresNoticeClosed Session Conflict of Interest Statement

Public MeetingsProceduresNoticeClosed Session Questions?

Posting? “If a public body has a Web site and has established a schedule of regular meetings, the public body shall post the schedule of regular meetings to the Web site” Time and place of meeting should be posted in a regular manner to fit the widest possible audience. Public MeetingsProceduresNoticeClosed Session Website Bulletin board Front Door School calendar Parent Newsletter Directors to school community Twitter, facebook, instagram

Regular Meetings Notice Public MeetingsProceduresNoticeClosed Session

Non-Regular Meeting Notice Public MeetingsProceduresNoticeClosed Session

Questions? Public MeetingsProceduresNoticeClosed Session

Public MeetingsProceduresNoticeClosed Session There are 9 legal reasons to go into closed session in North Carolina. You have 2 minutes to talk with your table and try and come up with all 9 legal reasons for your board to go into closed session.

Closed Session Public MeetingsProceduresNoticeClosed Session 1.Confidential, privileged information. Information that does not fall under the Public Records Law. 2.Prizes, honorary degrees, scholarships. 3.Attorney-client privilege 4.Location or growth of industries 5.Negotiation of a contract 6.Specific personnel matters 7.Plans related to emergency response 8.Action plans related to existing or potential terrorist activity 9.To plan, conduct, or hear reports concerning investigations of alleged criminal misconduct.

Calling Closed Session Public MeetingsProceduresNoticeClosed Session

Questions? Public MeetingsProceduresNoticeClosed Session

Contact Information IntroductionTrendsProcessClosed Session Robin Kendall (919) 807 – 3457