Agendas & Minutes

Benton County School District Policy Code BCBI
"Public Participation at Board Meetings"

 
     It being essential to the fundamental philosophy of the American constitutional form of representative government and to the maintenance of a democratic society that public business be performed in an open and public manner, and that citizens be advised of and be aware of the performance of public officials and the deliberations and decisions that go into the making of public policy, it is hereby declared to be the policy of this school district that the formation and determination of public policy is public business and shall be conducted at open meetings except as otherwise provided herein.
 
    All meetings of this school board are declared to be public meetings and shall be open to the public at all times unless declared an executive session as provided in sections 25-41-7 and 25-41-5.  This school board shall make and enforce reasonable rules and regulations for the conduct of persons attending its meetings. (25-41-9)
 
Process for Bringing an Issue Before the School Board
     To be placed on the agenda of a regular board meeting, groups or individuals shall submit through certified mail - receipt requested - or hand carry a written request to come before the board to the office of the superintendent at least five (5) working days prior to the board meeting.  Any request not meeting this timeline will be held until the next regular meeting of the board.
 
    To be considered, the request shall contain the following information:
 
    1.  Name, address, telephone number, and signature of the person making the request.
    2.  Date of the board meeting
    3.  Reason(s) for the request
    4.  Name, address, and telephone number of the spokesperson of the individual or the group, if different from the person making the request.  (The spokesperson shall be the only voice of the group.)
 
     The superintendent shall acknowledge receipt of a request and issue instructions by return mail to the individual making the request.  The written statement of the request submitted by the individual or group wishing to be placed on the board agenda shall be included in each board member's "board packet" - along with any pertinent information - prior to the board meeting.
 
    Should the agenda be too crowded, as determined by the superintendent, the matter will be held for the next regular board meeting.  The superintendent, or his or her designee, shall notify the individual or group that the issue is being held for consideration at a subsequent school board meeting and shall notify the affected party(s) of the time and date of the subsequent board meeting.
 
Denial of Request to be Placed on the School Board Agenda
     The superintendent is authorized to and may deny requests by any individuals or groups to have their issue placed on the school board agenda under the following circumstances:
 
     1.  If the individual or group has not followed the chain of command in trying to resolve the issue.
     2.  If school administration is actively working toward resolution of the issue.
     3.  If the school board has, at a previous school board meeting, already considered and determined dispensation of the issue.
     4.  If the issue is covered under "privileged information," discussion of which would violate board policies that relate to privacy laws and confidentiality requirements.
 
Teleconference or Video Meeting
    In the event that the board finds it necessary to conduct a meeting through means of teleconference or video, the board must adhere to the requirements of the Open Meetings Law, as specified in 25-41-5.
 
    A public body may conduct any meeting through teleconference or video means.  A quorum of a public body as prescribed by law may be at different locations for the purpose of conducting a meeting through teleconference or video means provided participation is available to the general public. 25-41-5 (2)
 
    The Open Meetings Act (Section 25-41-1 et seq.) prohibits a board member from formulating public policy (making decisions) by way of a telephone poll conducted by the superintendent or another person.
 
Rules of Conduct When Addressing the School Board
    To promote order and efficiency the following rules shall apply to individual people or groups of people appearing before the board:
 
    1.  No person or group shall be recognized without first being placed on the agenda.
    2.  Only the individual designated as spokesperson shall be allowed to speak for a group.
    3.  Any person willfully disturbing the school board meeting shall be in violation of the law and possibly arrested and fined.  (Sec. 37-11-23)
    4.  The board may make and enforce resolutions, rules and regulations for the conduct of persons attending board meetings.
    5.  Speakers shall adhere to a 10 minutes time limit and shall speak only on the subject(s) stated in the written request.
    6.  The board reserves the right to take matters under advisement.
 
LEGAL REF:  MS CODE as cited
CROSS REF:  Policies BCAD:  Teleconference of Video Board Meeting
BCAE:  Public Hearings
KL-R:  Public Complaints
 
Adopted Date:  8/1/2003