Open Meetings Briefing for Public Body Chairpersons Presented by the Office of the University Attorney Fall 2001

Definition of a Public Body As defined by NC General Statute , a “public body” is any elected or appointed authority, board, commission, committee, council, or other body that: 1. Has two or more members, and 2. Is authorized to exercise a legislative, policy-making, quasi-judicial, administrative, or advisory function.

Types of Public Bodies Groups established by the Chancellor or Vice Chancellor if: 1. Membership includes non-administrative officers, 2. There are more than two members, 3. Its function/subject-matter is applicable campus-wide, and 4. It is authorized or directed: To legislate, make policy, to hear and settle a case by judicial procedure, or take administrative action, or To make findings concerning or to recommend legislative, policy-making, quasi-judicial, or administrative action. UNC Charlotte Board of Trustees and its committees. Faculty Council, Hearing Committee, and Grievance Committee.

Official Meetings A meeting that convenes at any time or place : In person or by telephone conference, or other electronic means, Consists of a quorum (majority of members), and Whose purpose is to: conduct hearings, participate in deliberations, or vote on or transact public business. (Not a public body if only professional staff convene.)

Types of Official Meetings Regular: meetings held on a regular schedule, such as weekly, monthly meetings. Special: meetings that convene in addition to regularly scheduled meetings. Emergency: meetings not on the normal schedule that are called on short notice because of unexpected circumstances that require immediate consideration.

Public Body Chair Responsibilities Provide notice of each meeting Chairs are required to provide as much advance notice as possible of each meeting to the Office of Public Relations (the Responsible Officer). Note: specific responsibilities of the Responsible Officer are outlined in P.S. #53 under “Procedures.” Keep full and accurate minutes Can be written, or by audio (tape recorder), or video recordings. For closed sessions, a general account (summary) of all closed sessions “so that a person not in attendance would have a reasonable understanding of what transpired.” Forward official record of the minutes or accounts of meetings to the Office of the Provost after approval by the public body.

Closed Session Meetings Reasons closed session meetings can be held: To discuss privileged or confidential information, To discuss honorary degrees, scholarships, or prizes, To consult with an attorney and to preserve the attorney-client privilege, To discuss the location or expansion of industries or businesses, To discuss real property acquisition (other than by gift or bequest) and employment contracts, To discuss personnel matters; or To discuss alleged criminal misconduct.

Opening and Adjourning a Closed Session Meeting Public body must make and approve a motion to go into closed session. Identify the legal basis (purpose) for the meeting. Use "fill-in-the-blank" written form for motion. Public body must make and approve a motion to go back into open session at the end of the closed session and prior to adjourning meeting. Motion to adjourn meeting valid only if made in open session.

FAQs Can members of a public body vote by written ballot? Yes, only if: Ballot signed by voter, Minutes show the vote of each member, and Ballots are made available for public inspection. Can meetings be broadcast or recorded by any person if the meeting is open to the public? Yes, the Office of Public Relations can assist public bodies with this matter. Can a public body act by reference? Yes, if the agenda is available to the public and is sufficiently worded to enable the public to understand what is being acted upon.

FAQs cont. What happens if someone disrupts a meeting? Chair should request disruptive person to stop. If that doesn’t work: Call Campus Police and/or Adjourn the meeting. What if a Public Body fails to comply with the Open Meetings Law? Any person can file a lawsuit seeking an injunction, and a court can declare any action taken at the meeting void. A court may order members of a public body to pay attorney’s fees personally.

FAQs cont. What is the difference between minutes and a general account of a meeting?: Minutes provide a record of actions taken; they do not have to specify positions taken by each member. A general account provides a record (summary) of the discussion Note: A public body must always prepare a general account of a closed session. Are ad-hoc meetings of more than two people considered a public body, and therefore required to keep minutes? Refer to the definition of a public body (slide 2) and the six functions listed. If one function is not met, the group is not considered a public body and therefore minutes are not necessary.

FAQs cont. Does the University have a standard format for taking minutes? No, however a closed session template for a “general account” of a student disciplinary hearing is available online. You can modify the form to fit your meeting. The template can be found at: Is there a time limit on how long ballots should be kept? Written ballots can be thrown away after the minutes of that meeting are approved; the minutes must include the action taken by each member.

FAQs cont. Are “consent” agenda items the same as “voting by reference? Yes. Are minutes required if no action is taken? No, however, a record should be kept that the meeting occurred.

Recommended Text Open Meetings and Local Governments in North Carolina – Some Questions and Answers - Fifth Edition 1998 Published by the Institute of Government, written by David Lawrence. How to Order Online: (Scroll near the bottom of the web page to find book.)

Links Policy Statement #53 – Open Meetings Requirements Open Meetings Compliance Guidelines Public Bodies Listing Motion to Go Into Closed Session Closed Session Template for Student Disciplinary Hearings Motion for Privileged or Confidential Closed Session