UNC Charlotte Open
Meetings Compliance Guidelines
These
guidelines are intended to assist members of the University
community in complying with UNC Charlotte Policy Statement
#53, "Open
Meetings Requirements," which provides policies
and procedures for complying with the North Carolina
Open Meetings Law.
Open Meetings Requirements PowerPoint Presentation
1.
Public
Bodies--What campus bodies are covered?
If
all of the following characteristics
apply, the body is deemed a "public
body":
-
It is established by or at the direction of the Chancellor
and/or a Vice Chancellor;
-
The membership does not consist exclusively of administrative
officers of the University;
-
It is composed of two or more members;
-
Its designated function or subject-matter jurisdiction
is University-wide; and
-
It is expressly authorized or directed--
-
to legislate, make policy, adjudicate, or take administrative
action, or
-
to make findings concerning or to recommend legislative,
policy-making, quasi-judicial, or administrative
action.
In
addition, because the Faculty Council, Hearing Committee,
and Grievance Committee are established by the Board of
Governors, those bodies are also subject to the open meetings
requirements.
2. Official
Meetings--What meetings are covered?
An "official
meeting" is a meeting at any time or place,
including by telephone conference or other electronic
means, of a majority of the members of a public
body for the purpose of conducting hearings, participating
in deliberations, or voting upon or otherwise transacting
the public business.
NOTE: An
"official" meeting of a public body does not
occur if it is a meeting solely among the professional
staff of a public body.
3. Notice--How
does a public body meet the requirement to give public
notice of its meetings?
The Chair
or other principal officer of a public body ("responsible
officer") is responsible for giving notice of all
official meetings to the Office of Public Relations.
The Office of Public Relations handles all public
notice requests after the responsible officer delivers
the regular schedule, revised schedule, or notice of
special or emergency meetings.
Regular
Meetings
If the public body's meetings are regularly scheduled
on an annual or semi-annual basis, the meetings are
considered "regular." The responsible
officer must keep on file a schedule showing the date,
time, and place of regular meetings of the public
body. If the public body revises its schedule of regular
meetings, the responsible officer must have that revised
schedule on file at least seven (7) calendar days before
the first meeting to which the new schedule applies.
Special Meetings
If the public body does not have a schedule of regular
meetings, its meetings are considered "special"
meetings, and the responsible officer must file written
notice of the date, time, place, and purpose
of each meeting with the Office of Public Relations
at least 48 hours prior to the meeting.
Emergency Meetings
An "emergency" meeting is one that
is called because of unexpected circumstances that
require immediate consideration by the public body.
The responsible officer must notify the members of
the public body and the Office of Public Relations
immediately after the need for an emergency meeting
is determined. For an emergency meeting, the
Office of Public Relations will give public notice
to those news services that have filed written requests
for emergency notice, either by telephone or by the
same method used to notify the members of the public
body.
If a public
body holds a meeting by conference call or other
electronic means, the notice must provide a location
and means for members of the public to listen to the meeting.
4. Minutes and Accounts--What are
the requirements for keeping minutes and accounts?
All public bodies must keep full and accurate minutes
of all official meetings, including any closed sessions.
A "general account" of all closed sessions
must also be kept, "so that a person not in attendance
would have a reasonable understanding of what transpired."
The minutes and accounts may be written or by audio
or video recordings. As soon as the minutes and accounts
of a meeting are approved, deliver the official copy
to the Office of the Provost.
Minutes and accounts of closed sessions are not open
to public inspection if such disclosure ". . .
would frustrate the purpose" of the closed session.
Note, however, that when the purpose of the closed session
has been accomplished, inspection of the minutes and
general account must be allowed, unless they include
information privileged or confidential pursuant to State
or Federal law. (See Section 5 below.) Please direct
any request for meeting minutes or accounts to the Office
of Legal Affairs.
5. Closed Sessions--What are the permitted
purposes and proper procedures for going into and coming
out of closed sessions?
Please
consult with the General Counsel regarding your agenda
prior to any meeting to make sure that there is no business
to be conducted by your committee that either may
or must be conducted in closed session.
Closed
sessions may be held for the following permitted purposes
only:
-
to discuss information privileged or confidential
pursuant to State or Federal law;
-
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.
To
go into a closed session, a motion
specifically identifying the legal basis for meeting in
closed session must properly be made and adopted at the
open meeting. A "fill-in-the-blank" written
form for the motion is attached and is available on the
University Attorney's web site at http://www.legal.uncc.edu/closedmotion.html,
along with a list
of the legal citations most commonly used to support
meeting in closed session.
At the conclusion
of the closed session, there must be a motion to go
back into open session prior to adjourning the meeting.
A motion to adjourn is invalid if it is made in closed
session.
6. Written
Ballots--May committee members vote by written
ballot?
Public bodies
may act or vote by written ballots only if (1)
the ballots are signed by the individual voters, (2)
the minutes of the meeting show the vote of each member
voting, and (3) the ballots are available for public
inspection immediately following the meeting at which
the vote took place.
7. Acting
by Reference--May the committee act by reference
to the agenda?
A public
body may deliberate, vote, or otherwise take action
by reference to a designated letter or number on the
agenda only if copies of the agenda, sufficiently
worded to enable the public to understand what is being
acted upon, are available for inspection at the meeting.
8. Public
Broadcast--Can the press or public broadcast
or record our meetings?
Any person
may broadcast or record those parts of a meeting required
to be open; however, the public body can prevent interference
with the meeting and may reasonably regulate placement
and use of recording equipment. The Office
of Public Relations will assist you with this matter.
9. Disruptions
of Official Meetings--What should we do if someone
disrupts an official meeting?
If a person
willfully interrupts or disturbs an official meeting
and refuses to leave after being directed to leave by
the presiding officer, Campus Police should be called,
and the meeting may be adjourned.
10. Failure
to Comply--What if we fail to comply with the
requirements of the Open Meetings Law?
Any person
who objects can file a lawsuit seeking injunctive relief.
The court may declare any action taken during the meeting
to be null and void, and may award reasonable attorney's
fees. If the court finds that any individual member
or members of the public body knowingly or intentionally
violated the Open Meetings Law, it may order that such
member or members pay personally all or any portion
of such attorney's fees, unless such members consulted
with an attorney and were following the attorney's advice
when the violation occurred.
11. Questions?
The Office
of Legal Affairs (see below) and John Bland, Director
of Public
Relations, are available to assist you in complying
with the Open Meetings Law.
General Counsel:
David Broome,
704/687-5732
Senior
Associate General Counsel: Krista
Newkirk, 704/687-5732
Senior Associate
General Counsel:
Amy Kelso,
828/232-4990
Associate General Counsel: Jesh
Humphrey, 704/687-5732
Director
of Public Relations: John
Bland, 704/687-2143
Updated November 11,
2009
|
