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St. Charles Community College
4601 Mid Rivers Mall Drive
Cottleville, MO 63376
| 636-922-8000
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100 |
Organization & Administration |
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103
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Board of Trustees
Meetings
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| P-103.1 |
Notice of Board Meetings
- It is the policy of the district to inform the public of
Board of Trustee meetings in accordance with law. The President’s
Executive Assistant or designee has the responsibility to
post notice of Board meetings.
All Meetings - Notice of all Board meetings
(regular, special and closed) shall be given at least 24 hours
in advance of the meeting, exclusive of weekends and holidays,
unless for good cause such notice is impossible or impractical,
in which case as much notice is reasonably possible shall
be given. The nature of the good cause must be stated in the
minutes.
The notice shall be posted on the window of the President’s
Office which is located in the Administration Building.
All interested news media organizations will be notified,
upon request, of all meetings of the Board of Trustees. To
be notified of these meetings, a news media organization should
make a request to the President’s Executive Assistant.
Open Meetings - Public notice of an open
meeting will include the time, date, place and tentative agenda
advising the public of the matters to be considered.
Closed Meetings - Public notice of a closed meeting will include
the time, date and place of the meeting and the specific statutory
exemption under which the meeting will be closed.
Closed Meetings - Public notice of a closed
meeting will include the time, date and place of the meeting
and the specific statutory exemption under which the meeting
will be closed. |
| P-103.2 |
Board Meetings - Board meeting
procedures and schedules shall be established by the Board.
Regular Meetings - The regular monthly meeting
of the Board of Trustees is held on a regularly scheduled
day, established annually, except when the Board selects an
alternate date for an individual meeting.
Board meetings are normally held in the Board Room, Social
Sciences Building, Room 2102. The facility is accessible to
individuals with disabilities.
Recording open meetings by audiotape, videotape or other
electronic means is allowed by law. However, the Board may
establish guidelines regarding the manner in which such recordings
are conducted to minimize disruption to the meeting. Recording
a closed meeting is prohibited unless permission has been
granted by the Board.
Special Meetings - Special meetings may
be called at any time by the President of the Board or by
the Board Secretary, upon the written request of a majority
of the members of the Board. Each member shall be notified
of the time, place and purpose of the meeting at least 48
hours prior to the meeting. At such special meeting, no business
shall be transacted other than that stated in the call; provided,
however, that if all members of the Board shall, in writing,
waive the notice herein required, such a special meeting may
be held at any time and for any purpose.
Quorum - At all meetings of the Board of
Trustees, whether regular or special, a majority of the entire
membership of the Board shall constitute a quorum to do business.
However, no contract shall be let, teacher employed or dismissed,
or bill approved unless a majority of the whole Board votes
therefor.
Meetings to be Public - All meetings of
the Board of Trustees shall be open to the public unless closed
as authorized by law.
Representatives of the Faculty Senate and Student
Senate - The Board of Trustees officially recognizes
a member of the Faculty Senate and a member of the Student
Senate selected by these two bodies as their representatives.
These representatives will receive notices of the Board meetings
and agendas and will be invited to attend the Board meetings.
Participation By Telephone - The Board
may allow members to participate in meetings by telephone.
However, in order to vote on an item, Board members must be
connected with the meeting throughout the discussion of that
item of business. If a Board member joins the meeting by telephone
after an item of business has been opened, the remotely located
member shall not participate until the next item of business
is opened.
If the Board allows a member to participate by telephone,
the member will be considered present and will have his or
her actual physical presence excused. The member shall be
counted present for purposes of convening a quorum. The Board
secretary will document it in the minutes when members participate
in the meeting by telephone.
Board members participating by telephone cannot cast roll
call votes unless an emergency exists and a quorum of the
Board is physically present. If such an emergency exists,
the nature of the emergency shall be stated in the minutes.
Board members participating by telephone may cast votes other
than roll call votes.
Any Board member wishing to participate in a meeting by
telephone will notify the Board President as early as possible.
The President will arrange for the meeting to take place in
a location with the appropriate equipment so that Board members
participating in the meeting by telephone may interact and
the public may observe or hear the comments made. The President
will take measures to verify the identity of any remotely
located participants. |
| P-103.3 |
Missouri Sunshine Law - The
Board reserves the right, as provided by law, to conduct closed
meetings, including any records or votes, to the extent allowed
under the Missouri Sunshine Law.
Procedure for Authorizing a Closed Meeting
- Public notice of closed meetings shall be given in accordance
with Board policy and law. A majority of a quorum of the Board
shall vote to close a meeting, in accordance with law. The
reason for holding the closed meeting, with reference to the
specific statutory exemption relied upon for closure and the
roll call vote of each member on the question of holding a
closed meeting, shall be announced publicly at an open session
and entered into the minutes. Only business directly related
to the specific exemptions may be discussed or voted upon
at a closed meeting.
Objection to Closed Meeting - In the event
a motion is made to close a meeting, record or vote and a
Board member believes that the motion would violate the Missouri
Sunshine Law if passed, the Board member may state his or
her objection to the motion before or at the time the vote
is taken. The Board secretary will enter the objection in
the minutes. Once the objection has been made, the Board member
shall be allowed to fully participate in the meeting, record
or vote even if it is closed over the member’s objection.
If the Board member voted against the motion to close the
meeting, record or vote, the recorded objection and the vote
is an absolute defense to any claim filed against the Board
member pursuant to the Missouri Sunshine Law.
Closed Meeting Location - The Board shall
only close that portion of the meeting facility needed to
house the Board in closed session. Members of the public must
be allowed to remain in the meeting facility so that they
may attend any open meeting that follows the closed meeting.
Confidentiality - The Board members and
employees in attendance are honor bound not to disclose the
details or discussions of the closed meetings, records or
votes. District employees who fail to keep closed information
or closed meetings confidential may be disciplined or terminated.
The Board may publicly admonish Board members who fail to
keep closed records and meeting confidential in violation
of this policy.
Exemptions Allowing Closed Meeting, Record and Vote
- Unless otherwise determined by the Board, any meeting, record
or vote pertaining to the following topics shall be considered
a closed meeting, closed record, or closed vote:
- Legal actions, causes of action or litigation involving
the district and any confidential or privileged communication
between the district or its representatives and its attorneys.
Any minutes, vote or settlement agreement relating to legal
actions, causes of action or litigation involving the district
or an agent representing the district, including any insurance
company acting on the district’s behalf, shall become
available to the public upon final disposition of the matter
voted upon or upon the signing of a settlement agreement
by the parties. A settlement agreement may be ordered closed
by a court. However, the agreement must be available to
the public. When the district makes a decision involving
the exercise of eminent domain, the vote shall become public
immediately following the meeting in which the vote was
taken to authorize institution of such legal matter. Legal
work product is considered a closed record.
- The lease, purchase or sale of real estate by the district
where public knowledge of the transaction might adversely
affect the amount to be received or spent by the district.
Any minutes, vote or public record approving such a contract
shall become available to the public upon execution of the
lease, purchase or sale of the real estate.
- Hiring, firing, disciplining or promoting of particular
employees by the district when personal information about
the employee is discussed or recorded. Any vote on a final
decision to hire, fire, promote or discipline an employee
must be made available, with a record of how each member
voted, to the public within 72 hours of the close of the
meeting where the action occurred. However, the district
will attempt to notify the affected employee during the
72-hour period before the decision is made available to
the public. The term “personal information”
means information relating to the performance or merit of
individual employees.
- Proceedings involving the mental or physical health of
an identifiable individual.
- Scholastic probation, expulsion or graduation of identifiable
persons, including record of individual tests or examination
scores, except that such records will be open to inspection
by the student(s) and his/her/their parent(s), guardian(s),
or other custodian(s) as permitted by law.
- Testing and examination materials until the test or examination
is given for the final time.
- Welfare cases of identifiable individuals.
- Preparations on behalf of the district or its representative
for negotiations with employee groups, including any discussion
or work product.
- Software codes for electronic data processing and documentation
thereof.
- Competitive bidding specifications until officially approved
or published.
- Sealed bids and related documents until the bids are
opened; sealed proposals are related documents until all
proposals are rejected; or any documents related to a negotiated
contract until a contract is executed.
- Individually identifiable personnel records, performance
ratings or records pertaining to employees or applicants
for employment. However, the names, positions, salaries
and lengths of service of district employees shall be available
to the public.
- Records protected from disclosure by law.
- Scientific and technological innovations in which the
owner has a proprietary interest.
- Records relating to municipal hotlines established for
reporting abuse and wrongdoing.
- Confidential or privileged communications between the
Board and its auditor, including all auditor work product.
However, all final audit reports issued by the auditor are
to be considered open records.
- Existing or proposed security systems and structural plans
of real property owned or leased by the district where public
disclosure would threaten public safety. Procurement records
or expenditures relating to security systems purchased with
public funds shall be open. When the district is seeking
to close this information, it must affirmatively state in
writing that disclosure would impair the district’s
ability to protect the security or safety of persons or
real property and that he public interest in nondisclosure
outweighs the public interest in disclosure of the records.
- Records that identify and would allow unauthorized access
to or unlawful disruption of the configuration of components
or the operation of a computer, computer system computer
network of the district if released. This exception shall
not be used to limit or deny access to otherwise public
records in a file, document, data file or database containing
public records. Records related to the procurement of or
expenditures for such computer, computer system, computer
network or telecommunications network shall be open.
- Credit card numbers, personal identification numbers,
digital certificates, physical and virtual keys, access
codes or authorization codes that are used to protect the
security of electronic transactions between the district
and a person or entity doing business with the district.
However, the record of a person or entity using a district
credit card or any record of a transaction that is reimbursed
by the district will be open.
Closed Meeting Minutes - Minutes and other
records pertaining to executive meetings are considered closed
records of the district. The public vote authorizing the holding
of a closed meeting shall, unless otherwise specified in the
motion being voted upon, automatically authorize the minutes
and other records pertaining to said closed meeting to also
be closed. |
| P-103.4 |
Voting - Voting at meetings
of the Board of Trustees shall be conducted in accordance
with the provisions set out below.
In General - All motions will be recorded
in the minutes, including the name of the person seconding
any motion and the record of the vote. Minimally, the number
of “yes” and “no” votes on any question
shall be recorded in the minutes unless a roll call vote is
required by law. When a member abstains from voting, such
abstention shall not be counted as a vote either for or against
the proposal, but shall be entered in the minutes as an abstention.
The President shall have a vote on all questions.
Any member upon request may have a brief explanation of
their vote recorded on any question. Any member may also change
his or her vote if such request is made prior to consideration
of the next order of business.
Motions pass with an affirmative vote from the majority
of the quorum present at the meeting, unless otherwise limited
by law. A majority of the whole Board must vote to enter into
a contract, employ a person, approve a bill or issue a warrant.
Voting in Open Session - Voting in open
session must be conducted in a manner that allows the Board
secretary to accurately discern and record the number of persons
voting for or against the motion as well as the persons abstaining
from the motion.
The Board may decide to vote by roll call in open session.
Any member desiring a roll call vote shall so request it of
the President and upon being recognized shall proceed to cast
his vote first, the vote then proceeding in a clockwise manner
until all have voted, and the vote shall be so recorded. When
voting to adjourn to closed session, the specific reason for
closing the meeting must be announced publicly by reference
to a specific section of the law and the vote must be taken
by roll call.
In the event a motion is made to close a meeting, record
or vote and a Board member believes that the motion, if passed,
would violate the Missouri Sunshine Law, the Board member
may state his or her objection to the motion before or at
the time the vote is taken. The Board secretary will enter
the objection in the minutes. Once the objection has been
made, the Board member shall be allowed to fully participate
in the meeting, record or vote even if it is closed over the
member’s objection. If the Board member voted against
the motion to close the meeting, record or vote, the recorded
objection and the vote is an absolute defense to any claim
filed against the Board member pursuant to the Missouri Sunshine
Law.
Voting in Closed Session - All votes taken
in closed session shall be taken by roll call, including the
vote to adjourn.
Voting By Telephone - The Board may allow
members to participate in meetings by telephone. In order
to vote on an item, Board members must be connected with the
meeting throughout the discussion of that item of business.
If a Board member joins the meeting by telephone after an
item of business has been opened, the remotely located member
shall not participate until the next item of business is opened.
Board members participating by telephone cannot cast roll
call votes unless a district emergency exists and a quorum
of the Board is physically present. If such an emergency exists,
the nature of the district emergency shall be stated in the
minutes. Board members participating by telephone may cast
votes other than roll call votes. |
| P-103.5 |
Minutes - Minutes of open
and closed meetings shall be taken and retained by the Board,
including a record of any votes taken at such meetings. This
shall normally be the responsibility of the Recording Secretary
of the Board. The President’s Executive Assistant or
designee shall be the Recording Secretary of the Board. The
minutes shall include the date, time, place, members present,
members absent and a record of any votes taken. When a roll
call vote is taken, the minutes shall attribute each “yes”
and “no” vote, or abstinence if not voting, to
the name of the individual member of the Board.
The Recording Secretary will keep the official Minutes Book
of all Board meetings. These minutes must be approved by a
majority vote of the Board of Trustees and signed by the President
and Secretary of the Board.
Minutes are not considered official until approved by a
majority of the Board of Trustees and signed by the President
and Secretary of the Board. A draft version of the minutes
shall be available for public inspection and/or copying once
they are completed by the Recording Secretary and reviewed
and approved by the President of the College. Draft versions
shall be clearly marked “DRAFT” and are subject
to revision until adoption by the Board of Trustees.
The minutes of all open meetings shall be published in the
next Board of Trustees meeting agenda for approval and/or
correction. All approved minutes shall be maintained in a
permanent file in the office of the Recording Secretary and
made available for public viewing during regular working hours.
Copies are available for a predetermined fee.
Minutes of all closed meetings shall be reviewed and approved
by the Board at the next closed meeting and shall be maintained
in the office of the Recording Secretary. Minutes of closed
meetings are not available for inspection or copying by the
public. |
Color
Key |
P =
Policy
Pr = Procedure
|
D = Definition
S = Supplement |
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Content Owner: Donna Davis — ddavis@stchas.edu
Page Created by: Chris Scherer
Page Updated by: Jessica James
Date Issued:
Date Revised: 01/16/2008
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