Open Meetings ComplianceI. Experimental Guidelines for Implementation of Open Meetings Law A "public body" is deemed to include a committee of the University that satisfies all of the following criteria: A. it is established by or at the direction of the Chancellor and/or a Vice Chancellor; B. the membership does not consist exclusively of administrative officers of the University; C. its designated function or subject-matter jurisdiction is University-wide; and D. it is expressly authorized or directed (1) to legislate, make policy, adjudicate, or take administrative action, or (2) to make findings concerning or to recommend legislative, policy-making, quasi-judicial, or administrative action. II. Notice If you have an annual or semi-annual schedule of meetings, the meetings are called "regular" meetings and a single posting at the first of the year or semester will suffice. If you change your schedule, the changed schedule must be submitted to Mike McFarland at least seven calendar days before the first meeting held pursuant to the changed schedule. Many committees do not have an annual or semi-annual meeting schedule, and their meetings are generally referred to as "special" meetings. Such meetings require 48 hours notice, and notice forms should be submitted to Mike McFarland. "Emergency" meetings are to be confined to true emergencies and are meetings which are "called because of generally unexpected circumstances that require immediate consideration by the public body." Notice to Mike McFarland must be given "immediately after the notice has been given to committee members." III. Minutes Any committee subject to these new, experimental guidelines must keep minutes, including minutes of closed sessions. Minutes of a closed session may be withheld from public inspection, but minutes of open sessions are public records. Please consult with a member of the legal staff before responding to any request for meeting minutes. IV. Closed Sessions of Public Bodies Please consult with a member of the legal staff regarding your agenda prior to any meeting to make sure that there is not business to be conducted by your committee that either may or must be conducted in closed session. The bases for holding closed sessions are summarized as follows: A. information privileged or confidential pursuant to State or Federal law; B. honorary degrees, scholarships, or prizes; C. to consult with an attorney and to preserve the attorney-client privilege; D. location or expansion of industries or businesses; E. real property acquisition (other than by gift or bequest) and employment contracts; F. personnel matters; G. alleged criminal misconduct. V. Procedures for Going into a Closed Session A motion form is attached. The motion form must be properly completed and made at the meeting. At the conclusion of the closed session, there must be a motion to go back into open session prior to adjournment of the meeting. VI. Electronic Meetings Please consult with a member of the legal staff or with Mike McFarland regarding holding a meeting by conference telephone or other electronic means to assure proper notice and access for the media and the public. VII. Written Ballots Public bodies may act or vote by written ballots only if the ballots are signed by the individual voter, the minutes of the meeting record the individually-cast votes, and the ballots are available for public inspection immediately following the meeting at which the vote took place. VIII. Broadcasting or Recording Meetings Any person may broadcast or record a meeting; however, the public body can prevent interference with the meeting and may reasonably regulate placement and use of recording equipment. Mike McFarlands office will be happy to help in this connection. IX. Disruption of Official Meetings If a person willfully interrupts or disturbs an official meeting and refuses to leave after being directed to leave by the presiding officer, you may call Campus Police. You may also adjourn the meeting. The Law does not give any member of the public or media the right to speak at a meeting. X. Assistance Mike McFarland and his colleagues at University News Services and I and my colleagues in the University Counsels Office are available to assist you in any way with compliance with these experimental guidelines. I am providing below telephone numbers and e-mail addresses for all of us so that you can communicate in the way that you would prefer. University Counsel Leslie Strohm 962-1219 leslie_strohm@unc.edu Pat Crawford 962-7246 pat_crawford@unc.edu David Parker 962-9246 david_m_parker@unc.edu Mary Sechriest 962-3031 mary_sechriest@unc.edu Joanna Carey Smith 962-6976 joanna@unc.edu Paul Meggett 843-7705 paul_meggett@med.unc.edu News Services Mike McFarland 962-2091 mcnews@email.unc.edu |