Item removed from agenda prior to meeting

[Janis Arnold]

Hi,

A school board trustee  submitted 3 notice of motions for an upcoming meeting (first meeting).  The Chair and Admin reviewed the agenda, it was set, sent to the full board and made public.  The trustee subsequently came forward and asked for the motions to be taken off the agenda and moved to the next meeting because they won't be present at the first meeting. 

Is it best dealt with by having another trustee make a motion at the first meeting, to amend the agenda by moving the 3 motions to a subsequent meeting?  Or can the original trustee just ask for the motions to be taken off prior to the first meeting?

Thanks

Janis

[Josh Martin]

On 4/2/2024 at 9:47 AM, Janis Arnold said:

A school board trustee  submitted 3 notice of motions for an upcoming meeting (first meeting).  The Chair and Admin reviewed the agenda, it was set, sent to the full board and made public.  The trustee subsequently came forward and asked for the motions to be taken off the agenda and moved to the next meeting because they won't be present at the first meeting. 

Is it best dealt with by having another trustee make a motion at the first meeting, to amend the agenda by moving the 3 motions to a subsequent meeting?  Or can the original trustee just ask for the motions to be taken off prior to the first meeting?

I would first note that a school board is quite likely governed by its own rules on this matter, and possibly also by applicable law. So I think this is ultimately a question for the board's clerks and attorneys.

So far as the rules of RONR are controlling, however, I believe this could be handled by either of the following options, either of which will require a majority vote for adoption:

• Amending the draft agenda while it is pending for adoption to remove the items in question from the agenda
• When the items become pending, postponing them to the next regular meeting

Under the rules in RONR, the trustee who originally proposed these matters does not have the unilateral authority to require the items to be delayed until a future meeting.

[Rob Elsman]

I have a strong suspicion that this "agenda" has as much to do with compliance with open meetings laws as with the establishment of an order of business, so the assistance of the board's legal counsel will likely be needed to answer the question in a way that is fully compliant with these laws.

[Janis Arnold]

Hi Rob,

Thanks for that perspective. The 'agenda' is actually about realizing that with the member absent that submitted the motions, they won't have enough votes to get it passed.  This is a small school board so they don't have internal legal counsel to ask and wouldn't engage legal for this type of issue. They have to interpret their by-laws (absent in this case), look to RONR and ask their association for an opinion (me).  Josh's earlier response will likely help them get through.

thanks for weighing in - appreciated.

Janis