>"What is the Open Meetings
Law?"
It is a State law that requires certain meetings of state
agencies (including WCU) to be open to the general public and
the media. Generally speaking, compliance with the Open Meetings
Law includes opening the meeting to the public and media, properly
going into closed session (excluding the general public and
media) when lawful, providing advance notice of meetings and
keeping minutes.
>"Must all meetings within WCU
be open?"
No. The law applies to any body which meets each of the
four tests below:
-
The
committee must be established by or at the direction of the
Chancellor or any vice chancellor. Committees established
by other people, such as deans or department heads, are not
subject to the law.
-
The
committee's membership must include at least one person who
is not an administrative officer. For example, the law applies
to committees which include among their membership faculty
members, students or alumni.
-
The
committee's charge must involve an issue of campus-wide concern.
A committee dealing with an issue of concern to only one college
or department, for example, would not be subject to the law.
-
The
committee must be empowered to either (a) take direct action
or (b) make a finding or develop a recommendation that pertains
to future direct action. An example of item (b) would be a
committee making a recommendation to the Chancellor regarding
a faculty grievance. A committee charged with merely studying,
debating or discussing an issue would not be subject to the
law. For example, an advisory committee, consisting of administrators,
faculty, students and alumni, appointed by the Chancellor
to discuss and express their individual views about institutional
policies on intercollegiate athletics is not subject to the
law.
>"Which
campus committees have been found to be subject to the law at
WCU?"
Over the years, the following committees and bodies have
been identified as being subject to the law at WCU this year.
The
Board of Trustees and its standing and ad hoc committees;
The Faculty Senate and its councils and committees;
The Faculty Grievance Committee;
The Faculty Hearing Committee;
Institutional Animal Care and Use Committee;
Institutional Review Board (IRB);
Institutional Biosafety Committee;
University Strategic Planning Committee and its subcommittees;
General Education Review Committee;
Task Force on University Governance;
Wellness Committee;
University Safety Committee;
Campus AIDS Committee;
Regional Development Task Force;
Computer Center Academic Advisory Committee;
Computer Center Administrative Advisory Committee;
University Tenure and Promotion Advisory Committee;
Microgrant Committee;
Scholarly Development Assignment Program Committee;
Vice Chancellor's Instructional Improvement Grants Committee;
Visiting Scholars Committee;
Food Service Advisory Board;
Student Media Board
Task Force on Retention
Athletics Committee
If you have
questions about a committee you are chairing, please contact
Legal Counsel.
>"What
about search committees?"
Search committees are subject to the law only if they satisfy
all four tests above. Normally, only a committee searching
for a tier I senior administrative officer will be subject
to the law.
> "If a committee is subject to
the law, may it close part of its meeting?"
Committees which are subject to the law may go into closed
session when appropriate as described below. In fact, if the
committee is dealing with information which is legally confidential,
such as student educational records or personnel records, the
committee much go into closed session . For example, a meeting
of a search committee for a vice chancellor position would start
as an open meeting but would quickly move into a closed session
to discuss confidential personnel information about the candidates.
A model motion is available which
a committee should use to go into closed session. Reading the
motion into the minutes and voting upon it is satisfactory.
At the conclusion of the closed session, there must be a motion
to go back to open session prior to adjournment of the meeting.
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.
You may
consult with Legal Counsel 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.
>"Should
minutes be kept of a closed session?"
Yes. 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 minutes of a closed session.
>"How
do I post notices of meetings?"
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
the schedule, the changed schedule must also be posted.
Committee chairs should forward notices and changes in meeting
schedules to Terry Welch in the Chancellor's Office at least
seven calendar days before the first meeting held pursuant to
the changed schedule. Ms. Welch will see that they are properly
posted on a bulletin board in a public place in the administration
building. In addition, Ms. Welch will forward the notices to
the Public Information Office for posting on WCU's web page
calendar.
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 (not counting
weekends), and notice forms should be submitted to Terry Welch.
"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 Terry Welch must be given
"immediately after the notice has been given to committee
members."
> "What should the chair do if
a person becomes disruptive during an open meeting?"
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.
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