Code Number: 204.9
Meetings of the Board are conducted for the purpose of carrying on the business of the District. The Board may establish rules for its own government and shall conduct its meetings according to Robert’s Rules of Order, Revised.
A meeting means a gathering in person or by electronic means, formal or informal, of a majority of the
Board where there is deliberation or action upon any matter within the scope of the Board’s policy-making duties. Meetings do not include a gathering of members of the Board for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of the Iowa Open Meetings Act. Meetings of the Board shall be held in open session unless a closed session is expressly permitted by law or the meeting is exempt from the Iowa Open Meetings Act. A majority of the full Board shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time. An affirmative majority vote of those present and voting shall be necessary to pass any motion or take any action.
Annual Meetings
Each year, at a regular or special meeting held on or after August 31, the Board will hold its annual meeting. In odd-numbered years (election years), the annual meeting will be held prior to the organizational meeting of the Board.
At the annual meeting, the Board will examine the financial books and settle with the Secretary and Treasurer for the fiscal year ending the preceding June 30, and transact other business as necessary. The Board shall elect a President and Vice President for one-year terms at the annual meeting in even-numbered years.
Organizational Meetings
At the organizational meeting, which is the first meeting following the canvass of votes in an election (odd-numbered) year, the Board meeting will be held in two parts; the final meeting of the retiring Board, followed by the organizational meeting of the new Board. In election years, the election of the President and Vice President for one-year terms will take place during the organizational meeting.
Regular Meetings
Regular meetings of the Board shall be held on the second and fourth Monday of each month unless otherwise designated.
All meetings shall be held in the meeting place officially designated by the Board, which shall be the Education Service Center unless otherwise approved by the Board in regular session. Regular meetings are scheduled to begin at 6:00 p.m.
Special Meetings and Work Sessions
Special meetings and work sessions may be called by vote of the Board or called by the President, or by the Secretary upon the request of a majority of the members of the Board.
The agenda for all special meetings and work sessions shall be limited to that item or items for which the special meeting is called.
Work sessions of the Board will allow the Board and administration to discuss and share information. No action will be taken at Board work sessions.
Emergency Meetings
The Board may meet on an emergency basis without twenty-four-hour advance notice for good cause when the notice requirements are impossible or impractical. However, the Board shall give as much advance notice of an emergency meeting as is reasonably possible. The minutes of the meeting shall specify the reason for the emergency meeting.
Closed Sessions of the Board
Closed sessions take place as part of an open meeting. While in the open meeting, a specific motion stating the reason for the closed session must be made and seconded. Two-thirds of the Board must vote to go into a closed session. As a 7-member board, a closed session requires the affirmative vote of 5 Board members (two-thirds of the Board). The only exception is where only 4 members of the Board are present; in which case, the vote to go into closed session must be unanimous. The Board may enter into a closed session for the following reasons:
- To review or discuss records that are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for the possession or continued receipt of federal funds.
- To discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the District in that litigation. In this event, prior to the closed session, the Board must have publicly stated (by virtue of an engagement letter, contract, resolution, or designation in minutes of a prior meeting), the individual it has designated as legal counsel. If no prior statement has been made, the name of the attorney representing the District on the matter should be announced prior to going into the closed session.
- To discuss whether to conduct a hearing or to conduct hearings to suspend or expel a student, unless an open session is requested by the student or a parent or guardian of the student if the student is a minor.
- To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.
- To discuss the purchase or sale of particular real estate only where premature disclosure could be reasonably expected to increase the price the District would have to pay for that property or reduce the price the District would receive for the property.
- Any other matters for which closed sessions are permitted by law.
The vote of each member on the question of holding the closed session shall be entered in the minutes. The Board has the discretion as to who it may invite to attend a closed session. However, if the Board holds a closed session to discuss strategy with counsel, the legal counsel for the Board shall be in attendance at the closed session either in person or by electronic means.
As required by state law, closed sessions shall be tape-recorded and detailed minutes shall be taken.
Except for closed sessions pertaining to the sale or purchase of real estate, the recording and minutes of a closed session shall be sealed and are not public records. The tape recordings shall be kept for one year from the date of the closed session. Tape recordings and minutes pertaining to real estate sales or
purchases will become public records after the related transaction is completed.
Final action on all matters discussed in closed session shall be taken in open session.
Exemptions to the Open Meetings Law
The Board may hold an exempt session for any of the following reasons:
- Negotiating sessions, strategy meetings of the District or its employee organizations, or mediation or the deliberative process of arbitration;
- To discuss strategy in matters relating to employment conditions of employees not covered by the collective bargaining law;
- To conduct a private hearing relating to the recommended termination of a teacher’s contract; and
- To conduct a private hearing relating to the termination of a probationary administrator’s contract or to review the proposed decision of the administrative law judge regarding the termination of an administrator’s contract.
Generally, no notice is required and no minutes are required to be created or maintained for exempt meetings. However, a private hearing addressing a teacher’s contract termination shall be recorded
- First Adoption:
- 1983-07-12
- Revision Adoption:
- August 12, 1997/ April 30, 2002/ July 20, 2009/ December 9, 2013/ March 12, 2018
- Reviewed Dates:
- February 20, 2018
- Legal Reference:
-
Iowa Code §§ 20.17; 21; 22.7; 279.1, .2, .4, .8, .15, .16, .24, .33
Iowa Administrative Code § 497-8.2
1981 Op. Att'y Gen. 162
1980 Op. Att'y Gen. 667
1979 Op. Att'y Gen. 269
1976 Op. Att'y Gen. 384 (Op. No. 76-1-12)
1976 Op. Att’y Gen. 514 (Op. No. 76-3-17)
1976 Op. Att’y Gen. 765 (Op. No. 76-9-20)
1972 Op. Att'y Gen. 158 (Op. No. 71-6-11)