BeA- Board Meetings: Notice Requirements
Date Adopted: 13 November 2024
Current Review / Revision: 13 November 2024
Public notice of annual meeting schedule—
At least once each year, the Board shall give public notice of its annual meeting schedule. The notice shall specify date, time and place of such meetings.
Utah Code § 52-4-202(2) (2023)
Notice of specific meetings—
In addition, the Board shall provide public notice of each meeting at least 24 hours in advance of each meeting; such notice shall include the agenda, date, time and place of the meeting.
Utah Code § 52-4-202(1) (2023)
Action limited to meeting agenda—
Where a meeting agenda must be included in the required public notice of a Board meeting (as stated in the paragraph above), that agenda shall be sufficiently specific to notify the public of the topics to be considered at the Board meeting. To be sufficiently specific, the agenda shall at least list each anticipated topic under an agenda item in a manner which identifies the subject of discussion and if known the nature of the Board action being considered on the subject. The Board may not consider a topic in an open meeting which was not listed under an agenda item and included with the advance public notice of the meeting, except that if an unlisted topic is raised by the public during an open meeting, the Board may at the discretion of the presiding Board member discuss the topic but may not take any final action on that topic during the meeting. This limitation may not apply to an emergency meeting where the requirements for holding and giving the best practicable notice of such a meeting have been met. (See “Emergency Meeting” below.)
Utah Code § 52-4-202(6) (2023)
When the Board is meeting to conduct a public hearing with respect to adopting the budget or levying a tax rate which exceeds the certified tax rate, the Board’s agenda must be limited to the hearing(s) and discussion and action on those items. (If the Board holds another meeting on the same date to address general business items, the other meeting must conclude before the meeting on the budget and/or tax rate levy.)
Utah Code § 59-2-919(8)(b)(i)(B), (e) (2024)
Giving notice of meeting—
Public notice of each Board meeting and of the Board’s annual meeting schedule shall be given for at least 24 hours by:
1. Posting written notice at the local Board of Education office;
2. Posting notice on the Utah Public Notice Website; and,
3. Posting notice on the District’s website.
4. Notice of each Board meeting shall also be given to each interested mayor or interested county executive (or their designee). An “interested mayor” is the mayor of a municipality that is partly or entirely within the boundaries of the school district. An “interested county executive” is the county executive or county manager of a county with unincorporated area within the boundaries of the school district. This notice shall be provided by mail, email, or other effective means agreed to by the person to receive notice.
Utah Code § 52-4-202(3), (4) (2023)
Utah Code § 63G-30-102(1) (2023)
Utah Code § 53G-7-208(3)(e) (2019)
Emergency meeting—
In case of emergency or urgent public necessity which renders it impractical to give the notice identified in the paragraphs above, the best notice practicable shall be given of the time and place of the meeting and of the topics to be considered at the meeting. No such emergency meeting of the Board shall be held unless an attempt has been made to notify all of its members and a majority of the members vote in the affirmative to hold the meeting.
Utah Code § 52-4-202(5) (2023)
Annual budget meeting notice—
In addition to complying with the aforementioned public notice requirements, in regards to the budget hearing, the Board shall do the following:
1. Publish the required newspaper advertisement and/or electronic newspaper advertisement (see Utah Code § 45-1-101 (2023) and the required Utah Public Notice Website advertisement at least ten days before the day on which the hearing is held
a. The public hearing notice will include information on how the public may access the proposed budget.
2. File a copy of the proposed budget with the Board’s business administrator for public inspection; and
3. Post a copy of the proposed budget on the District’s website.
4. In addition, if the proposed budget includes a tax rate in excess of the certified tax rate, or if the Board meeting is required to consider whether to adopt a tax rate in excess of the certified tax rate, the Board shall provide the notices and schedule the meeting as required by
Utah Code § 53G-7-303(3) (2019)
Utah Code § 53F-8-201(3) (2019)
Bond or tax increase election hearing notice—
In addition to complying with the aforementioned public notice requirements, if the Board is meeting under the Transparency of Ballot Propositions Act to hear arguments for or against a ballot proposition to authorize issuance of bonds or to increase taxes, the District’s election officer must post notice of the time, date, and place of the meeting (along with the arguments for and against the proposition):
On the Statewide Electronic Voter Information Website for 30 consecutive days before the election on the proposition;
On the District’s website in a prominent place for 30 consecutive days before the election on the proposition;
If the District publishes a newsletter or other periodical, in the next scheduled edition before the election on the proposition.
Utah Code § 59-1-1604(6) (2016)
The meeting must begin at or after 6:00 p.m.
Utah Code § 59-1-1605(3)(b) (2016)
Bond issuance hearing notice—
In addition to complying with the aforementioned public notice requirements, if the Board is meeting to consider authorizing issuance of bonds under the Local Government Bonding Act, it shall publish notice of the intent to issue bonds on the Utah Public Notice Website in the same manner as a meeting notice as set forth above for at least 14 days before the public hearing on the bond issuance as required by Utah Code § 11-14-318. The notice shall give notice that the hearing will be held to receive input from the public respecting the issuance of the bonds and the potential economic impact that the proposed improvement, facility, or property that the bonds will fund will have on the private sector.
Utah Code § 63G-30-102(1) (2023)
Lease revenue bond notices—
In addition to complying with the aforementioned public notice requirements, before issuing a lease revenue bond for more than $10,000,000, the Board shall (1) make the required meeting statement, (2) publish notice of the proposed issuance of the lease revenue bond and notice of the related public hearing, and (3) hold a public hearing on the proposed issuance. The hearing shall be conducted as provided in Policy CAB for lease revenue bonds.
The required meeting statement must be made during a meeting at least 14 days before the public hearing and the Board’s agenda must have a separate item for the Board statement. The statement must indicate the Board’s intent to issue a lease revenue bond and the purpose and estimated amount of the bond.
The notice must provide the date, time, place, and purpose of the public hearing. The notice must clearly state that the Board intends to issue a lease revenue bond, explain the purpose, proposed amount, and length of term of the bond and the annual amount that will be required to be paid in principal and interest. The notice must identify the intended lessee of the facility to be constructed using the proceeds from the bond and the expected amount of lease payments that the lessee will pay. The notice must include a statement substantially as follows: “This proposed lease revenue bond commits money from future property tax and income tax revenue allocated to the school district. Additionally, a lease revenue bond generally has a higher interest cost than a voter-approved general obligation bond.” The notice shall meet the format requirements set forth in Utah Code § 11-14-103(6)(e)(iv)(A). The notice shall be published in a newspaper or newspapers of general circulation in the District once each week for the two weeks before the public hearing on the bond issuance and may not be placed in the portion of the newspaper where legal notices and classified advertisements appear. The notice shall also be published electronically on the public notice website established under Utah Code § 45-1-101 for at least two weeks before the public hearing on the bond issuance. The notice shall also be published as a class A notice for at least two weeks before the public hearing on the bond issuance (posted at the Board of Education office, posted on the Utah Public Notice Website, and posted on the District’s website).
Utah Code § 11-14-103(6) (2024)
Utah Code § 63G-30-102(1) (2023)
Budget appropriation increase meeting notice—
In addition to complying with the aforementioned public notice requirements, if the Board is meeting to consider a request to increase a budget appropriation, it shall publish the required newspaper notice and notice under Utah Code § 45-1-101 of such meeting at least one week before the hearing.
Utah Code § 53G-7-305(7)(b) (2019)
School closure or boundary change hearing notice—
In addition to complying with the aforementioned public notice requirements, if the Board meeting is either to hold a public hearing regarding closing one or more schools or changing the attendance area boundaries for one or more schools, or to take such action, the additional notice requirements set out in Policy BFA must also be met.
Utah Code § 53G-4-402(24) (2024)
Board member compensation hearing notice—
In addition to meeting the aforementioned public notice requirements, if the Board is meeting to consider adopting a new Board member compensation schedule or schedules, or to consider amending an existing compensation schedule or schedules, the notice of the meeting with public hearing shall be given for at least seven days before the meeting.
Utah Code § 53G-4-204(3) (2023)
Contact
120 N Main
Huntington, UT 84528
ecsdcontact@emeryschools.org
(435) 687-9846