Vermont s Open Meeting Law & Public Records Acts

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1 Vermont s Open Meeting Law & Public Records Acts Nicole L. Mace General Counsel Vermont School Boards Association

2 Vermont s Open Meeting Law 1 V.S.A. 312(a): All meetings of a public body are declared to be open at all times No resolution, rule, regulation, appointment, or formal action shall be binding except as taken or made at such an open meeting. 1 V.S.A. 310: Public body means any board, council, or commission of the state or instrumentality of the state, or any committee of any of the foregoing boards 1 V.S.A. 310(2): Meeting means a gathering of a quorum of the members of a public body for the purpose of discussing the business of the public body or for the purpose of taking action. NEW: a meeting is NOT written correspondence or communications between members for the purpose of scheduling a meeting, organizing an agenda or distributing materials to discuss at a meeting.

3 Open Meeting Notice Requirements Regular Meetings Time and place of regular meetings shall be clearly designated in bylaw or resolution and be made available to any person upon request. Special Meetings Time and place of special meetings shall be publicly announced at least 24 hours before the meeting, posted in the clerk s office and two designated public places, and given to each member of the board. Emergency Meetings Public notice given as soon as possible before the meeting. Allowed only to respond to an unforeseen occurrence or condition requiring immediate attention.

4 Electronic Meetings One or more members of the public body may participate in a meeting electronically If a quorum, then: 24 hours notice in municipal office and 2 designated places Designate physical location(s) for the public to participate At least one member of public body (or designee) must be physically present at each designated location

5 Agendas Agendas must be posted to the district s website (if one exists), the municipal office and two designated public places 48 hours prior to regular meeting 24 hours prior to a special meeting Any addition to or deletion from the agenda must be made as the first act of business at the meeting

6 Minutes Minutes shall be taken of all meetings, cover all topics and motions that arise, and give a true indication of the business of the meeting (1 V.S.A. 312(b)). Minutes are matters of public record, shall be kept by the board clerk Minutes must be posted to a website (if one exists) w/in 5 days and/or be available to the public

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8 Public Comment Period Board meetings are public meetings, but they are not a meeting of the public 16 V.S.A. 554(b): a reasonable opportunity to appear and express views on any matter considered by the board shall be given to any person in the school district 1 V.S.A. 312(h): public comment shall be subject to reasonable rules established by the chair

9 Executive Session First meet in open session; vote to close the meeting by a motion that specifies the reason. Boards decide who comes into executive session with them. No decision may be made in executive session. Ultimate action must be taken by motion and vote in open session. (1 V.S.A. 313(a)).

10 Penalty and Enforcement Aggrieved party must allege a specific violation and make a request for specific actions to cure the violation Public body has 7 business days to respond If acknowledge a violation, have 14 calendar days to cure it and take measures to prevent its reoccurrence Failure to correct a violation could result in attorney s fees and other litigation costs

11 Vermont s Public Records Act 1 V.S.A. 316(a): Any person may inspect or copy any public record of a public agency during regular business hours 1 V.S.A. 317(b): Public record means any written or recorded information, regardless of physical form or characteristics, which is produced or acquired in the course of public agency business

12 Common Public Records Exemptions Records with privileged or confidential information Personnel records Test questions Collective bargaining documents Student records

13 Denying a Public Records Request Respond to the request within three days Identify the records to be withheld and the basis for the denial (cite the statutory exemption) Notify the requestor of right to appeal to Superintendent; if appeal denied, notify of right to Superior Court review Considerations: Identity and motive of the requestor cannot be considered when weighing access to public documents Burden of proof on public agency to justify denial Courts must award attorneys fees and costs to plaintiffs who prevail

14 Electronic Communication Guidelines

15 Electronic Communication Guidelines Do not text, , blog, tweet, or post anything you wouldn t want to see on the front page of the newspaper Do not disclose executive session materials or protected information via Take proactive steps to ensure a quorum of the board is not participating in an online discussion about board business Understand how board ethics and conflict of interest policies apply to electronic communications

16 Are We Meeting? The day before a board meeting, the superintendent s the board an informal poll to get a sense of the board s position on a question that he would like to bring to the board at the meeting. The superintendent reminds board members not to reply all to the . Is this a violation?

17 Are We Meeting? The town of West Overshoe is working with the West Overshoe school district to establish a community finance committee to help advise the town and school district on budget development and financial oversight. The school board and the select board each appoint three members of the public to serve on the community finance committee. Does the Committee need to warn their meetings and take minutes?

18 Are We Meeting? The day of a regular board meeting, the superintendent gets word from 2 out of 3 board members that they will be unable to attend the board meeting in person. Both would like to participate electronically. Can they do this?

19 Public Comment During public comment period, a member of the community requests that the board take action to establish a solar energy committee to explore the viability of entering into a net-metering arrangement with a solar developer. Several board members express an interest in amending the agenda in order to take action on her proposal later in the meeting. Can the board this?

20 Notice, Agendas & Minutes The Green Mountain Union School District has five member towns and is a member of the Addison South Supervisory Union, which has twelve member districts. In how many locations does the District have to post meeting agendas and minutes? The SU?

21 Executive Session After reaching impasse in negotiations and receiving the report of the fact finder, a school board wants to enter executive session for the purpose of discussing the board s position moving forward. Is this allowed? What should the wording be?

22 Executive Session A board wants to enter closed session to discuss the appointment of a community member to a vacant seat on the board. The board received three applications for the position. Is this allowed? What additional requirements apply to this situation?

23 Contact Information Nicole Mace Vermont School Boards Association

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