By Myrna Trauntvein
Times-News Correspondent
In the day of electronic media
availability, a new question arises&emdash;can a member of a
board attend a meeting via electronics and still be
considered present?
Juab School District Board members
agreed that, not only can the board member legally attend,
the board member can participate in discussion and can also
vote.
The board passed, for a first
reading, a policy regarding electronic attendance at board
meetings.
"The anchor location is the Juab
School District Office or other place where a meeting is
held, as established by law," said Kirk Wright, Juab School
District Superintendent.
UMPA (Utah Municipal Power Agency),
where Leon Pexton, board president, is employed recently
adopted a similar policy, said Wright.
"The legislature is fairly open in
their requirements," said Delaney Hathaway, board vice
president. "Basically they wanted school districts to have a
policy."
In the policy, a board member is
defined as an individual who serves either on the Juab
School district Board of Education or one of the committees
of the Board of Education.
"The policy is only for members of
the board," said Pexton. "The public must attend in
person."
The public is required to attend in
person if they desire to make comments or
presentations.
Electronic connections must be
established in "real time" which means by instantaneous
communications such as speaking face to face without undue
delays, knowing what is being said or done.
In addition, those at a remote
location, not the anchor location, can participate at a
formal meeting via telephone, internet, television or other
electronic means now known or yet to be developed.
"Any form of telecommunication may
be used, as long as it allows for real time interaction in
the way of discussions, questions and answers and voting,"
reads the policy.
"Four out of the five board members
can be at remote locations," said Pexton. "One member has to
be present at the anchor location."
Those members desiring to attend
the meeting via telecommunications must notify the district
of the intent at least one day in advance of the meeting so
that appropriate arrangements can be made to conduct the
meeting via telecommunications.
They can give notice by telephone,
facsimiles transmission, e-mail or US mail or in any manner
approved by the district business office.
The district, in the event of
emergency conditions, such as a snow storm, which precludes
the ability of members to give the one day notice, may waive
that requirement.
Members participating from remote
locations are required to make contact with the district 15
minutes prior to the meeting to ensure that equipment is in
proper working order.
"Members participating via
telecommunications are to be considered present in person
for purposes of providing a quorum, as defined by state
law," said Wright.
The policy also allows for
malfunctioning of equipment.
In the event of failure of
equipment, or other factor, which causes the lack of
communication causing a lack of a quorum, no other
additional business may be conducted until the quorum can be
reconstituted.
Business already conducted remains
valid and binding.
All board members at the anchor
location must know the entire discussion and deliberations
of the board or committee so they must be able to
communicate in two directions using the electronic
communications systems.
"Members participating from emote
locations have the obligation to use appropriate equipment
or take other precautions to eliminate static or other
disturbances to the orderly conduct of the meeting," said
Wright.
The district may elect to pay the
costs of a telecommunications meeting. However, if it is
paying the costs, it may make the arrangements and initiate
the contact in order to conduct the meeting.
Pexton, who was out-of-town on
business, was the first to participate under requirements of
the new policy in the board meeting on Wednesday from a
remote location.
The policy, read into the minutes
of the meeting and voted on by board members for a "first
reading," will be formally adopted by vote at the next
school board meeting for a "final reading."
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