CHECKLIST:
PUBLIC BOARD MEETINGS ACCORDING TO
Created by January 2007 ___Board is aware that public schools including chartered public
schools are subject to the Right to Know Law ___
Board has provided training for its officers with meeting & minute
responsibilities (Board Chair, Secretary, and Administrator). Training
covers required procedures and potential consequences of non-compliance
[Failure to notify the public properly subjects the agency to possible
judicial sanctions, including an order declaring the meeting invalid,
an order enjoining agency actions or practices, and an order assessing
legal costs and fees. RSA 91-A:7 and 8. See also Section IV of this
memorandum] ___Board officers & administrator have copies
of the Right to Know guideline (free from the Attorney General’s office
& posted on the AG website: http://doj.nh.gov/publications/right_to_know.html) ___Board presiding officer(s) know correct procedure for entering
non-public session and taking action on non-public session topics;
Board officers know guidelines and have training for non-public session
minutes [A
body or agency may exclude the public only if a recorded roll call
vote is taken on a motion to go into nonpublic session which states
the statutory basis for the nonpublic session.] ___Board Secretary (and administrator) understand minute requirements
for non-public session [(1) The decision to hold a
nonpublic session must be included in the minutes of the open meeting.
(2) Minutes of nonpublic sessions are required.
These minutes (including any decisions reached by the body) must be
disclosed within 72 hours unless two-thirds of the members present
determine that divulgence of the information would: (a)
Likely affect adversely the reputation of any person other than a
member of the body or agency itself; or (b)
Render the proposed action ineffective; or (c)
Pertain to terrorism] ___The Board knows how to count voting members (people in office
who are voting and not on leave of absence) and requirements for a
quorum for a meeting. ___ The
recording Secretary knows how to include the issue of “quorum” and
the coming and going of members in meeting minutes
___Board has one or more governing policies related to quorum
and Right to Know Law Board Conduct ___Board has established a regular meeting time ___ Board has established 2 proper places to meet requirements
for meeting notices and someone to make these postings. [Notice of the time and place
of any meeting (including nonpublic sessions) must be posted in two
appropriate places 24 hours (excluding Sundays and legal holidays)
in advance of the meeting. These should be places where people are
likely to see them, such as the location where the checklists or town
warrants are posted, or the agency's office lobby or front door and
the State House or Town Hall bulletin board] ___Board notice gives info about business being conducted (often
the agenda) [the notice should so state and generally
identify the topics to be addressed in each session, including a brief
outline of the agenda for each session is recommended.]
___Secretary of Clerk for the Board is ready
with guidelines for holding an emergency meeting [may be utilized if the chairman
or presiding officer of the public body decides that immediate undelayed
action is imperative; Notice
shall be made by whatever means are available to inform the public
about the meeting. For example, notice may be given over the radio,
the body may post notice, and/or may notify by telephone persons known
to be interested in the subject matter of the meeting. The nature
of the emergency will dictate the type of notice which can be given.
In any event, a diligent effort must be made to provide some sort
of notice. In the event an emergency meeting is required in an adjudicative
proceeding (see d. The minutes of the meeting must clearly spell out
the need for the emergency meeting.]
___Board has a Secretary or Clerk (board or
other) to take minutes
___Guidelines for Minutes are followed: [Minutes
must be recorded and must include: (1) the names of the members
present Minutes are a permanent part of the body's
records and must be recorded and open to public inspection within
144 hours of the meeting.2 RSA 91-A:2, II. THERE ARE NO EXCEPTIONS
TO THE MINUTE REQUIREMENTS FOR OPEN MEETINGS. For additional information, we recommend the
website for the New Hampshire Attorney General where the law, case
law decisions, and an implementation guide can be found.] This guidelines
is provided by the |