BEA – Board Meetings: Notice Requirements

Board Meetings:

Notice Requirements

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) (2021)

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) (2021)

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) (2021)

            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) (2021)

Giving notice of meeting—

Public notice of each Board meeting and of the Board’s annual meeting schedule shall be given by:

  1. Posting written notice at the local Board of Education office, unless the meeting is an electronic meeting and the requirements for holding a meeting without an anchor location have been met;
  2. Posting notice on the Utah Public Notice Website; and,
  3. Providing notice to at least one newspaper of general circulation within the geographic jurisdiction of the public body or to a local media correspondent. (Notice to such a newspaper or local media correspondent sent pursuant to a subscription made through the Utah Public Notice Website satisfies this requirement if the notice has been timely sent.
  4. The District shall also endeavor to post notice of Board meetings on the District’s web site at least 24 hours in advance of the meeting. [The statute does not require districts to provide this type of notice and requires districts to post notice on the State notice website. Therefore, in enacting its own policy, a district may decide whether or not to include this optional provision.]
  5. 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) (2021)

Utah Code § 63A-12-201 (2021)

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) (2021)

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 (2021) and the required Utah Public Notice Website advertisement at least ten days before the day on which the hearing is held
    • 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 Internet 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 § 59-2-919.

Utah Code § 53G-7-303(3) (2019)

Utah Code § 53F-8-201(3) (2019)

Utah Code § 59-2-919 (2021)

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):

  1. On the Statewide Electronic Voter Information Website for 30 consecutive days before the election on the proposition;
  2. On the District’s website in a prominent place for 30 consecutive days before the election on the proposition;
  3. 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)

Utah Code § 59-1-1605 (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 at least 14 days in advance of 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 § 11-14-318 (2021)

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(21) (2021)

Board member compensation hearing notice—

Beginning July 1, 2007, 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 at least seven days prior to the meeting by:

  1. Publishing the notice at least once in a newspaper published in the county where the District is situated and which is also generally circulated within the District, and publishing notice on the Utah Public Notice Website;
  2. Posting the notice:
    • At each school in the District
    • In at least three other public places within the District; and
    • On the Internet in a manner that is easily accessible to citizens who use the Internet.

Utah Code § 53G-4-204(3) (2021)