BEDG-Meeting Minutes.pdf
Sau-3's school board must keep RSA 91-A compliant minutes for all meetings. The Board will appoint a minute taker. Minutes must identify members, speakers, subjects, motions, and final decisions. Roll call votes are required when lawfully mandated. Public/unsealed minutes are available at the SAU office and online. Access to draft minutes must be provided within 5 business days for public sessions and 72 hours for non-public sessions. Non-public minutes require listing actions and votes. Sealing requires a 2/3 vote based on reputation, effectiveness, or emergency functions. The Superintendent must maintain a list of sealed minutes and review sealed records every ten years, with pre-October 2023 minutes reviewed by June 1, 2033. Minutes sealed for property discussions become public after transaction closure. Votes to unseal occur in public session. Source: https://files-backend.assets.thrillshare.com/documents/asset/uploaded_file/3537/Bps/39e7c655-a20e-4903-ab39-fa000d49fef1/BEDG-Meeting-Minutes.pdf?disposition=inline
BERLIN PUBLIC SCHOOLS
BEDG
Category: Priority Recommended by Law
Related Policy: EH
MEETING MINUTES
A. Minutes Required.
Under RSA 91-A, the school board, and each of the school board's committees
(irrespective of whether standing or ad hoc, and irrespective of whether deemed a
sub-committee or an advisory committee) is required to keep minutes for every "meeting"
as defined under 91-A:2, I. As used below, "Board" shall mean and include the district
school board, and each such board committee.
The Board will appoint a “minute taker”to prepare the minutes of each meeting. Should
the person so appointed be absent from all or part of a meeting (e.g., non-public session),
the Chair, subject to being overruled by the Board, shall appoint a person to take the
minutes.
In addition to “minutes” as described below, a more comprehensive “record” and/or
“decision” may be required in the event of a “hearing” regarding individual rights/claims
(e.g., teacher non-renewal, student expulsion, manifest educational hardship, etc.). In
such instances, the Board and or Superintendent should consult with counsel to ensure
that any statutory or regulatory requirements are satisfied.
B. Required Content of Minutes.
At a minimum, all minutes, including minutes of non-public sessions, must include:
1. the names of members participating;
2. persons appearing before or addressing the School Board (members of the public
who do not address the board, and are there as attendees only, do not need to be
identified);
3. a brief description of each subject matter discussed;
4. identification of each member who made a first or second of any motion;
5. a record of all final decisions;
6. when a recorded or roll call vote on a motion is required by law or called for by
the Chair (or other presiding officer), a record of how each board member voted
on the motion; and
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7. in the event that a board member objects to the subject matter discussed by the
board, if the board continues the discussion above the member's objection, and
upon the request of the objecting member, then - and irrespective of whether the
objection/discussion occurred in public or non-public session - the public minutes
shall also reflect (i) the objecting member's name, (ii) a statement that the member
objected, and (iii) a "reference to the provision of RSA 91-A:3, II that was the
basis for the objection and discussion." (See RSA 91-A:2, II-a.).
8. the name of the person who produced or prepared the minutes (i.e., minute
taker/recording clerk); and
9. the start and end times of the meeting.
NOTE: See Section D below for additional content requirements for minutes of
any meeting at which the Board enters a non-public session.
C. Approval and Access to Minutes.
Approval and availability of minutes will depend in part on whether the minutes are of a
public or non-public session, and as to non-public minutes, whether they are sealed or
not. “Approved minutes” refers to the final version of minutes approved by vote of the
Board. “Draft minutes” refers to minutes that have not been formally approved by the
Board. “Sealed minutes” refers to minutes from a non-public session and which the
Board has determined should not be disclosed pursuant to RSA 91-A:3, III and as
discussed in Section D, and paragraph C5, below.
1. Location and Retention of Minutes. In accordance with Board policy EH, and
N.H. Dept. of Education rule Ed 302.02 (j), all minutes will be kept at the office
of the Superintendent. Minutes for non-public sessions that have not been sealed
shall be kept in the same location and indexed in the same manner as for public
minutes.
2. Access to Approved & Unsealed Minutes. Approved and unsealed minutes shall
be available for inspection by the public during the normal business hours of the
SAU office, and in accordance with RSA 91-A:2 through 91-A:4 (subject to the
exemptions stated in RSA 91-A:5), and Board policy {**}EH. Requests for
access to minutes shall be processed in accordance with District administrative
procedures EH-R.
Additionally, all approved and unsealed minutes shall be posted in a consistent
and reasonably accessible location on the District's web site, or the web site shall
contain a notice describing where the minutes may be reviewed and copies
requested.
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3. Access to Draft Minutes and Minute Preparation Materials. “Draft” or
“unapproved” minutes that have not been sealed will be available for inspection
upon request at the SAU office during normal business hours. Drafts for public
sessions must be available within 5 business days of the meeting, while drafts of
non-public session minutes that have not been sealed by the Board must be
available within 72 hours (3 calendar days) of the meeting.
Notes and other materials used in the preparation of the minutes must be retained
until the minutes are approved or finalized and shall likewise be available for
inspection during that period.
4. Approval of All Minutes Other Than Sealed. Draft public minutes and
non-public minutes that were not sealed will be circulated to the members of the
Board before the meeting at which they are to be approved. Board members may
send suggested changes back to the minute recorder without copying the other
members. Changes made by the Board to draft minutes shall be recorded either
by (i) retaining the draft with the final approved minutes , (ii)including notations
(e.g., “redline” edits) in the final approved minutes, or (iii) outlined/described in
the minutes of the meeting at which the Board approved.
5. Approval of Sealed Non-Public Minutes of Non-Public Sessions. Unless
previously sealed by the Board, draft minutes for all non-public sessions will be
made available for public inspection within seventy-two (72) hours after the
non-public session.
Drafts of non-public minutes will be provided to the Board, either (i) at the
conclusion of the non-public session and may be approved at the time, prior to
any vote to seal, or (ii) if sealed, provided to Board at the meeting, if any, at
which they are to be approved. If copies of draft, sealed minutes are provided to
Board members for the purpose of review and/or approval, the copies shall be
recovered by the Chair or recording clerk and destroyed. Only the official record
copy may be retained, with a list maintained for sealed non-public minutes as
described in Section D, below.
D. Special Provisions for Minutes Relating to Non-Public Sessions.
For any public meeting that includes a non-public session (see Board policy BEC for
statutorily required procedures relative to entering and exiting non-public sessions),
additional information beyond that discussed in paragraphs B.1- 7, is required both for
the public meeting minutes, and for minutes specific to the non-public session,
irrespective of whether the non-public minutes are “sealed” (see discussion in
Paragraph D.2, below).
1. Information Regarding Non-Public Session Included in Public Minutes. The
public minutes of the meeting at which the non-public session occurs must
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include the statutory reason given in the motion as the foundation for each
non-public session, as well as a roll call record of how each Board member voted
on the motion to enter. Public minutes must also reflect any motion to seal
(described in paragraph C.2., above), along with the statutory reason permitting
the sealing (see D.2, below), and record how each member voted on the motion to
seal.
2. Sealing Non-Public Minutes.
a. As used in this policy, “sealed” minutes in reference to minutes of
non-public sessions, means that the Board determined by 2/3 majority vote
in public session that “divulgence of the information” (i.e., information in
the minutes of the non-public session):
i.
Would affect adversely the reputation of a person other than a
Board member;
ii.
Would render ineffective the action/proposed action taken in
non-public session; or
iii.
Pertains matters relating the preparation for and carrying out of all
emergency functions intended to thwart a deliberate act intended to
result in widespread or severe damage to property or widespread
injury or loss of life (i.e., terrorism).
b. A motion to seal, if any, should be the first item of public business after
the Board exits the non-public session and must state one of the three
grounds above allowing sealing.
c. If the minutes are not prepared/approved during the non-public sessions
itself, the Board should discuss the content of the minutes prior to exiting
so that any vote to seal will be an informed vote.
d. When making or voting upon a motion to seal, the movant/Board should
consider and state the duration that minutes be sealed based upon the
grounds supporting the sealing. This can be done either by stating a date
they sealed until, or a date by which the Board might review the minutes'
status. For instance, minutes sealed because divulgence of the information
would likely affect adversely the reputation of a person other than a
member of the Board might be remain sealed permanently, while minutes
sealed because disclosure would “render the action ineffective” should be
sealed only for as long as that reason exists or is anticipated to exist.
Pursuant to RSA 91-A:3, III, non-public minutes relating to discussion
about lease, purchase or sale of property (91-A:3, II(d)) must be made
available “as soon as practicable after the transaction has closed or the
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Board has decided not to proceed with the transaction.”
3. Minutes of the Non-Public Session Itself. In addition to the information included
in all minutes as described in paragraphs B.1-7, above, minutes of the non-public
session must include “all actions” and decisions (i.e., votes, including negative
votes) taken by the Board, with a record of how each member voted. If the Board
does not “seal” the minutes of the non-public session, then such information must
be disclosed to the public within 72 hours of the close of the meeting.
4. Sealed Minutes List. In order to comply with RSA 91-A:3, III, the
Superintendent is directed to maintain a list of all sealed minutes for non-public
sessions occurring after July 1, 2021. The list (referred to as the “Sealed Minutes
List”) shall include:
[NOTE: items marked with an * are specifically required under RSA 91-A:3, III.
The remaining items on the list are recommended to help assure compliance.]
a. the name of the public body (e.g., School Board, Policy Committee, etc.);
*
b. the date, * time * and location of the public meeting (from meeting
notice);
c. the start and end times * of the non-public session;
d. the specific grounds upon which the non-public session occurred (e.g.,
RSA 91-A:3, II (b) and (c), etc.); *
e. the specific grounds upon which the minutes were sealed (e.g., “disclosure
would render the action ineffective” or “disclosure would likely adversely
affect the reputation of a non-board member,” etc.);
f. the date the vote to seal the minutes occurred; *
g. the date, if any stated in the original motion or subsequently, on which the
sealed minutes will be unsealed; the motion to seal should,when possible,
state the date the minutes should be unsealed or at least reviewed by the
Board or other public body; and
h. the date, if any, of a subsequent decision to unseal the minutes. *
The Sealed Minutes List shall be updated each time the public body seals
non-public minutes, and the updated List shall be made as soon as
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practicable for public disclosure.
2. Reviewing and Unsealing Previously Sealed Minutes. Pursuant to RSA 91-A:3,
IV, starting on October 3, 2023, sealed minutes must either be reviewed within
each ten year period or unsealed no later than the expiration of ten years following
the date they were sealed or last reviewed. Minutes sealed prior to October 3,
2023 must be reviewed and/or unsealed by October 3, 2033.
The Board establishes the following procedures pursuant to RSA 91-A:3,
IV(a) for reviewing sealed minutes:
a. Record of Minutes Sealed Prior to October 3, 2023. The Board directs the
Superintendent for her/his designee to compile a log of non-public minutes
that have been sealed prior to October 3, 2023 ("Record of Minutes Sealed
Before 10/3/2023" or "Record") using information from the exterior of the
envelopes or other available external notations for the sealed minutes. The
preparation of the Record will include minutes that are also included on
the Sealed Minutes List kept according to paragraph D, above.
The preparation of the Record shall not include reviewing the sealed
minutes themselves. The Record should include as much of the same
information for all previously sealed minutes as is required on the Sealed
Minutes List (see paragraph D.4, above). The Record of Minutes Sealed
Before 10/3/2023 shall be completed no later than [May 1, 2024].
Upon completion of the log of previously sealed minutes, the Board will
establish a schedule for completing a review of all of the previously sealed
minutes no later than June 1, 2033.
b. Initial Review of Previously and Newly Sealed Minutes. The
Superintendent will review all sealed non-public minutes according to the
schedule established in the Record of Minutes Sealed Before 10/3/23, and
for those minutes that are sealed after 10/3/23 according to the review date
appearing on the Sealed Minutes List maintained according to paragraph
D.
In the initial review, the Superintendent will inspect the sealed minutes to
determine whether, in the Superintendent's opinion, the reasons (see
D.2.A.i-iii, above) that justified keeping the minutes from the public (i.e.
sealing) under 91-A:3, III still apply.
If the Superintendent is of the opinion that the reasons initially justifying
the sealing of the minutes no longer apply, or if the minutes themselves do
not include information upon which the then current board could
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determine that the minutes should not be disclosed, then the
Superintendent will recommend to the Board that the Board unseal those
minutes.
If, however, the Superintendent determines that the reasons justifying
non-disclosure continue to apply, the Superintendent shall assign a new
date - within 9 years and 10 months thereafter - for the sealed minutes to
be reviewed next. The Superintendent will assure that the Sealed Minutes
List maintained pursuant to paragraph D.4 is updated to reflect the new
date, and any additional data pertaining to the sealed minutes required by
the list which was not previously discernible from external sources.
Board Determination Whether to Disclose Previously Sealed Minutes.
Upon receipt of recommendations from the Superintendent that previously
sealed minutes should be disclosed, the Board will review such minutes in
non-public session under RSA 91-A:3, II(m) to determine whether the
circumstances that justified keeping meeting minutes from the public
under RSA 91-A:3, III no longer apply.
While the Board's review and discussion regarding previously sealed
minutes may occur in non-public session, pursuant to RSA 91-A:3, II(m)
any vote by the Board whether to disclose minutes shall take place in
public session.
If the Board votes to disclose/unseal, the minutes shall be available for
release to the public within 72 hours.
Adopted: November 15, 2018
First Reading: December 17, 2020
Second Reading: January 21, 2021
Adopted: January 21, 2021
Revised: November 16, 2023
Revised:
August 7, 2025
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