Online board meetings and e-resolutions
It can sometimes be challenging to get all board members around the board table at once.
This may be due to the meeting being called at short notice, natural events (such as weather), work or family commitments, illness, or travel.
In these situations, it may be beneficial for some or all board members to join a meeting online using software such as Zoom, Google Meet, or Microsoft Teams.
There may also be times when board members may need to respond to a motion sent to them electronically, for example, by email or text message (an e-resolution).
Continue reading to learn about how your board can hold meetings online, make decisions electronically, and, if necessary, pass an e-resolution.
How do you hold board meetings online?
Regulation 12(3)open_in_new of the Education (School Boards) Regulations 2020 allows school boards to hold meetings via audio, audio-visual or electronic communication, providing:
-
All board members who wish to participate in the meeting have access to the technology needed to participate, and
-
A quorum of members can simultaneously communicate with each other throughout the meeting.
Online meetings are run the same way as face-to-face board meetings.
If all board members cannot communicate in real time, your board should consider rescheduling its meeting.
If this is not possible and you are addressing a single motion, you may choose to make the decision via e-resolution (covered in more detail towards the end of this article).
How do you manage public attendance at an online board meeting?
As board meetings are held in public, your board must ensure community members can also attend online board meetings to observe and, if approved by your board, potentially participate (under the same rules as a normal meeting).
This could mean giving each attendee remote access by providing the meeting link, or designating a place with access where community members can view the meeting (such as a study room or library).
When arranging for the public to attend remotely, your board will need to consider how to mitigate any barriers to attendance, such as providing access to the necessary technology.
Your board may find it helpful to develop some expectations or a code of conduct for visitors attending board meetings online.
For example, should everyone have their cameras on and microphones off? If granted speaking rights, will you expect the visitor to use the raise hand function before addressing the board or asking questions?
How do you manage public-excluded business (PEB) at online board meetings?
The same steps for excluding the public apply in both settings.
This includes asking any visitors to leave the meeting using the formal motion outlined in Schedule 2Aopen_in_new of the Local Government Official Information and Meetings Act 1987.
If remote access is provided to the public, your board must ensure all members of the public have left the meeting before PEB is discussed.
You can read our article on public-excluded business (in committee)open_in_new to learn more about the requirements for excluding the public.
How do you manage an online board meeting that could be subject to legal challenges?
Any board meeting could be open to legal challenge if it doesn’t meet the legal requirements.
It is crucial to ensure your board's procedures do not disadvantage anyone with the right to attend or participate in that meeting.
This is particularly true when holding special meetings, such as an online student suspension meeting, rather than in person.
Before you go ahead with any online meeting, your board will need to ensure that all participants have access to the required technology and that there are no other barriers to using it.
Please get in touch with us for advice on managing these situations.
How do you manage resolutions passed electronically (e-resolutions)?
Regulation 17open_in_new of the Education (School Boards) Regulations 2020 states that a resolution of the board signed or assented (agreed) to in writing (whether sent by post, courier, or electronic communication) by all board members is the same as a decision made at a board meeting.
An e-resolution must be unanimously passed by all board members currently holding office.
Note: This is different from a resolution passed in a meeting, where a quorum of board members can communicate simultaneously and pass a motion by majority vote.
Because board members may respond individually, you may end up with several documents containing the same resolution, each signed or agreed to in writing by one or more board members.
E-resolutions consisting of multiple documents should be collated and included in the incoming correspondence at your next board meeting.
Your board should also record the specific wording of the motion agreed to in its next meeting’s minutes.
This becomes part of your board's official written record and avoids the danger of filing a resolution away and it being forgotten or lost.
Note: If any board member has a declared conflict of interest on the matter or is unavailable, your board will need to meet face-to-face, as a unanimous board decision cannot be passed by all board members currently holding office.
If the motion requires discussion or the resolution does not pass unanimously, then your board should meet in person.
Questions your board could ask
-
Do we have procedures in place to hold an online meeting?
-
Do all our board members have access to the technology to hold an online meeting?
-
Do we have procedures to manage public attendance at online board meetings?
-
Do we have procedures in place to manage any resolutions passed by e-resolution?
-
Do we include electronic resolutions as correspondence in our board meeting minutes?
Templates, resources, and references
Click on the link(s) below to access this topic's templates, resources, and references.
Depending on your device, these may download or open in a separate browser.
Links from us
Education (School Boards) Regulations 2020
Local Government, Official Information and Meetings Act 1987