Utah Code 52-4-209. Electronic meetings for charter school board

(1) Notwithstanding the definitions provided in Section 52-4-103 for this chapter, as used in this section:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
class B misdemeanor	up to 6 months	up to $1,000

For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 52-4-209

Anchor location: means :
(1)(a) the physical location where the public body conducting an electronic meeting under Section 52-4-207 normally conducts meetings of the public body; or
(1)(b) a location other than the location described in Subsection (1)(a) that is reasonably as accessible to the public as the location described in Subsection (1)(a). See Utah Code 52-4-103
Electronic meeting: means a meeting that some or all public body members attend through an electronic video, audio, or both video and audio connection, as provided in Section 52-4-207. See Utah Code 52-4-103
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Meeting: means a gathering:
     (5)(a) of a public body or specified body;
     (5)(b) with a quorum present; and
     (5)(c) that is convened:
          (5)(c)(i) by an individual:
               (5)(c)(i)(A) with authority to convene the public body or specified body; and
               (5)(c)(i)(B) following the process provided by law for convening the public body or specified body; and
          (5)(c)(ii) for the express purpose of acting as a public body or specified body to:
               (5)(c)(ii)(A) receive public comment about a relevant matter;
               (5)(c)(ii)(B) deliberate about a relevant matter; or
               (5)(c)(ii)(C) take action upon a relevant matter. See Utah Code 52-4-103
Participate: means the ability to communicate with all of the members of a public body, either verbally or electronically, so that each member of the public body can hear or observe the communication. See Utah Code 52-4-103
Person: means :
     (24)(a) an individual;
     (24)(b) an association;
     (24)(c) an institution;
     (24)(d) a corporation;
     (24)(e) a company;
     (24)(f) a trust;
     (24)(g) a limited liability company;
     (24)(h) a partnership;
     (24)(i) a political subdivision;
     (24)(j) a government office, department, division, bureau, or other body of government; and
     (24)(k) any other organization or entity. See Utah Code 68-3-12.5
Public body: includes :
          (7)(b)(i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in Section 11-13-103, except for the Water District Water Development Council created pursuant to Section 11-13-228;
          (7)(b)(ii) a governmental nonprofit corporation as that term is defined in Section 11-13a-102;
          (7)(b)(iii) the Utah Independent Redistricting Commission; and
          (7)(b)(iv) a project entity, as that term is defined in Section 11-13-103. See Utah Code 52-4-103
Quorum: The number of legislators that must be present to do business.
Quorum: means a simple majority of the membership of a public body, unless otherwise defined by applicable law. See Utah Code 52-4-103
Recording: means an audio, or an audio and video, record of the proceedings of a meeting that can be used to review the proceedings of the meeting. See Utah Code 52-4-103
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5

(1)(a) “Anchor location” means a physical location where:

(1)(a)(i) the charter school board would normally meet if the charter school board were not holding an electronic meeting; and

(1)(a)(ii) space, a facility, and technology are provided to the public to monitor and, if public comment is allowed, to participate in an electronic meeting during regular business hours.

(1)(b) “Charter school board” means the governing board of a school created under Title 53G, Chapter 5, Charter Schools.

(1)(c) “Meeting” means the convening of a charter school board:

(1)(c)(i) with a quorum who:

(1)(c)(i)(A) monitors a website at least once during the electronic meeting; and

(1)(c)(i)(B) casts a vote on a website, if a vote is taken; and

(1)(c)(ii) for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the charter school board has jurisdiction or advisory power.

(1)(d) “Monitor” means to:

(1)(d)(i) read all the content added to a website by the public or a charter school board member; and

(1)(d)(ii) view a vote cast by a charter school board member on a website.

(1)(e) “Participate” means to add content to a website.

(2)

(2)(a) A charter school board may conduct an electronic meeting in accordance with Section 52-4-207.

(2)(b) A charter school board may conduct an electronic meeting in accordance with this section that is in writing on a website if:

(2)(b)(i) the chair verifies that a quorum monitors the website;

(2)(b)(ii) the content of the website is available to the public;

(2)(b)(iii) the chair controls the times in which a charter school board member or the public participates; and

(2)(b)(iv) the chair requires a person to identify himself or herself if the person:

(2)(b)(iv)(A) participates; or

(2)(b)(iv)(B) casts a vote as a charter school board member.

(3) A charter school that conducts an electronic meeting under this section shall:

(3)(a) give public notice of the electronic meeting:

(3)(a)(i) in accordance with Section 52-4-202; and

(3)(a)(ii) by posting written notice at the anchor location as required under Section 52-4-207;

(3)(b) in addition to giving public notice required by Subsection (3)(a), provide:

(3)(b)(i) notice of the electronic meeting to the members of the charter school board at least 24 hours before the meeting so that they may participate in and be counted as present for all purposes, including the determination that a quorum is present;

(3)(b)(ii) a description of how the members and the public may be connected to the electronic meeting;

(3)(b)(iii) a start and end time for the meeting, which shall be no longer than 5 days; and

(3)(b)(iv) a start and end time for when a vote will be taken in an electronic meeting, which shall be no longer than four hours; and

(3)(c) provide an anchor location.

(4) The chair shall:

(4)(a) not allow anyone to participate from the time the notice described in Subsection (3)(b)(iv) is given until the end time for when a vote will be taken; and

(4)(b) allow a charter school board member to change a vote until the end time for when a vote will be taken.

(5) During the time in which a vote may be taken, a charter school board member may not communicate in any way with any person regarding an issue over which the charter school board has jurisdiction.

(6) A charter school conducting an electronic meeting under this section may not close a meeting as otherwise allowed under this part.

(7)

(7)(a) Written minutes shall be kept of an electronic meeting conducted as required in Section 52-4-203.

(7)(b)

(7)(b)(i) Notwithstanding Section 52-4-203, a recording is not required of an electronic meeting described in Subsection (2)(b).

(7)(b)(ii) All of the content of the website shall be kept for an electronic meeting conducted under this section.

(7)(c) Written minutes are the official record of action taken at an electronic meeting as required in Section 52-4-203.

(8)

(8)(a) A charter school board shall ensure that the website used to conduct an electronic meeting:

(8)(a)(i) is secure; and

(8)(a)(ii) provides with reasonably certainty the identity of a charter school board member who logs on, adds content, or casts a vote on the website.

(8)(b) A person is guilty of a class B misdemeanor if the person falsely identifies himself or herself as required by Subsection (2)(b)(iv).

(9) Compliance with the provisions of this section by a charter school constitutes full and complete compliance by the public body with the corresponding provisions of Sections 52-4-201 and 52-4-202.

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