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Presenters urge clear agendas and published notices to meet Open Meetings requirements
Summary
At a March 6 work session the board was advised to post detailed agendas and follow policy-required notice procedures — including printed copies for residents without internet access — and to avoid discussing items not on the posted agenda.
Lincoln County school-law counsel and the school boards association told the board on March 6 that properly posted, specific agendas and consistent public notice are central to complying with the Open Meetings Act and avoiding legal challenges.
Attorney Howard Souffer and presenter Jim Brown emphasized that board discussion or informal debate of items not reflected on a posted agenda can lead to nullification of board action, court challenges and other legal consequences. "If you take a decision at a board meeting that isn't on the agenda... one of the things the legislature has told the court it can do is to wipe out any decision the Board of Education made when it violated the open meetings law," Souffer said.
The presenters explained statutory and policy expectations for agenda publication: an agenda for every regular meeting and a statement of purpose for special meetings must be made available to the public and news media in the time frame set by local policy. Brown and Souffer recommended publishing agendas visibly (online and in print) and specifically listing topics rather than generic headings so interested residents can determine whether a subject they care about will be considered.
The board discussed platforms for posting agendas, including BoardDocs and Neola policy service. Members noted that some residents lack reliable internet access and proposed keeping paper copies of agendas at schools. Presenters said the legal test in a challenge is whether the board posted notice in accordance with its policy and whether a challenged item was reasonably reflected on the posted agenda.
Souffer and Brown advised using clear agenda language, a published policy on how notice is given, and to add items to the next meeting's agenda (via motion and vote) rather than debating them during delegations or public comment. They suggested that strong, transparent agendas and following Robert's Rules of Order can prevent many procedural problems.
