BCBG  (May 2009)

VOTING METHOD AT BOARD MEETINGS

Each member of the school board present shall either vote or abstain on every question upon which a vote is taken at such meeting.  ' 37-6-9 (1987) 

The traditional method of voice vote, yea or nay or abstain shall prevail in normal business matters in open or executive session.

A board member may not change his/her vote when adopting the minutes.  The minutes are a record of what actually happened at a board meeting.  Although a member might wish he/she had voted differently, that is not possible.  An attempt to change a vote after the fact would be an attempt to adopt minutes that are not a mirror of action taken at the previous board meeting.  Board minutes must accurately record the board=s official action during board meetings.

TELECONFERENCE OR VIDEO MEETING

In the event that this board finds its necessary to conduct a meeting through means of teleconference or video, the board shall adhere to the requirements of the Open Meetings Law, as specified in Section 25-41-5 of the MS Code. 

ATTORNEY GENERAL OPINION

A school board that enters into executive session to discuss a sensitive personnel issue and subsequently comes out of executive session, adjourns, and announces its decision without taking a vote on the issue, as reflected in the minutes, has not acted on the issue.  Pursuant to 25-41-11, minutes must be kept of all meetings of a public body, including executive sessions.  Only actions that are duly and properly reflected in the minutes may be considered as an action by the board.  Once the board votes upon and approves the minutes, it is evident that only those actions specified in the minutes were taken by the board, and no other actions were taken.  There is no authority that would allow a school board to take an affirmative action without a vote.  (Attorney General Opinion No. 2001-0093, Mabry, March 23, 2001.)

LEGAL REF.: MS Code as cited

CROSS REF.: Policies BCAD C Teleconference or Video Board Meeting

BCBFA C Quorum

BCBH C Minutes of Board Meeting

BCBHA C Recording Board Action in Official Minutes