STATEMENT OF GUIDING PRINCIPLES
FOR THE BOARD OF DIRECTORS
The Board will employ a superintendent who will: (1) be the chief executive officer of the Board; (2) provide educational leadership and advice; and (3) be responsible for the implementation of the policies of the Board through written regulations that will be reviewed, and may in certain cases be officially approved, by the Board. The Board’s review of administrative regulations serves to ensure consistency with the intent of Board policy.
Approved: August 12, 1985
Reviewed: February 10, 1997
March 12, 2001
December, 2005
September, 2008
January 20, 2014
NAME OF SCHOOL DISTRICT
This school district is organized and known as the Hartley-Melvin-Sanborn Community School District, located in the counties of O’Brien, Osceola, Dickinson and Clay, State of Iowa.
Adopted: August 12, 1985
Reviewed: February 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
LEGAL STATUS OF THE BOARD
The Board of Directors of the Hartley-Melvin-Sanborn School District derives its legal status from the constitution of the State of Iowa and the statutes enacted by the General Assembly. The Board of Directors acts as an agent of the state in developing an educational program in accordance with the constitution and laws of the State of Iowa.
The school district exists as a school corporation and as such may sue and be sued, hold property, and exercise all the powers granted by law. It has exclusive jurisdiction in all school matters in the school corporation territory.
The affairs of the corporation will be conducted by the Board of Directors consisting of five members.
Adopted: August 12, 1985
Reviewed: February 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
GENERAL POWERS AND DUTIES OF THE BOARD
Under Iowa law, the Board of Directors shall make rules for its own government and that of the teachers and pupils, and for the care of the schoolhouse, grounds, and property of the school corporation, and aid in the enforcement of these rules, and require the performance of duties of said persons imposed by the law and the rules.
The Board of Directors has three major kinds of duties:
1. Legislative: The Board represents the people of the district, and will function as a policy making body. The Board has complete jurisdiction over the school district and its employees.
2. Executive: The Board of Directors selects an executive officer, the superintendent of schools, and delegates to him or her the authority for formulating and overseeing all regulations, plans, and administrative details necessary to ensure that the policies of the Board are carried out in the daily operation of the schools.
3. Evaluative: It is the Board’s duty to determine, through careful study and examination of facts and conditions, whether the schools are being operated efficiently--not only in terms of dollars and cents, but in terms of the effectiveness of the schools’ instructional program, based on a sound philosophy of education as formulated by the Board.
Adopted: August 12, 1985
Reviewed: February 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
ELECTIONS TO THE BOARD
Regular elections shall be held annually on the second Tuesday in September, as directed by the county commissioner of elections (auditor).
Special elections may be called by the Board of Director’s with regard to those matters stipulated in Section 277.2 of the Code of Iowa which apply to the school district.
There shall be a written notice of all regular and special elections, which notice shall be given by publication--not less than four nor more than 20 days prior to the day set for the election.
Polling places for school elections shall, when practicable, be the same places used by the last city or state election. Precincts and polling places are approved by the commissioner of elections upon the recommendation of the Board of Directors, and once approved, shall remain the same unless changed by the commissioner.
Balloting at school elections will be by printed ballot, or by the use of voting machines as determined by the commissioner of elections.
The county commissioner of elections may appoint one or more deputy(s) to conduct a school election.
Adopted: August 12, 1985
Reviewed: February 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
MEMBERSHIP OF THE BOARD
Qualifications of Board Candidates
Any qualified elector of the school district is eligible to serve on the Board of Directors. A “qualified elector” is a person who is:
* a citizen of the United States;
* eighteen years of age or older;
* a registered elector of the school district or subdistrict.
Nomination petitions must be filed in the manner prescribed by law. Candidates must reside in the director district that they represent.
Oath of Office
Each director elected in a regular election will qualify by taking the oath of office on or before the time set for the organization meeting of the board (the third Monday in September ). Each director appointed or elected at a special election will qualify within ten (10) days by taking the oath of office. The election or appointment and qualification will be entered by the board secretary. The oath may be administered by any qualified member of the board or by the board secretary in the manner and form prescribed by law.
Number of Members
The Board of Directors shall consist of 5 members, one elected from each of the five sub-districts known as “Director District”.
Adopted: August 12, 1985
Reviewed: February 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
TERM OF OFFICE OF BOARD MEMBERS
Each member of the Board of Directors is elected for a term of four years, or for the time it takes to complete the unexpired term of a regularly elected member.
Each member appointed by the Board will serve until a successor is elected at the next pending election and qualifies by taking the oath of office.
Adopted: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
Revised: October, 2008
ORGANIZATION OF THE BOARD
The annual organizational meeting of the Board shall be held on the third Monday in September and shall be called to order by the president. At this meeting, the Board shall elect a president to hold office for a one year term (see Code 204.6, Organizational meetings of the Board).
LEGAL REFS: Iowa Code Section 279.1
CROSS REFS: 202.2 through 202.5, policies pertaining to Board Officers
204.5 Annual Meeting of the Board
204.6 Organizational Meeting of the Board
Adopted: August 12, 1985
Reviewed: May 10, 1993
December 19, 2005
September, 2008
January 20, 2014
Revised: October 2008
VACANCIES
A vacancy requiring board action occurs when a board member resigns, forfeits or otherwise leaves the office. A vacancy also includes, but is not limited to, the following: failure to be properly elected, failure to qualify within the time fixed by law, failure to reside in the school district or director district, a court order declaring the seat vacant, conviction of an infamous offense in violation of the office.
If a vacancy occurs prior to the expiration of a term of office, the vacancy shall be filled by board appointment within thirty days of the vacancy. The newly-appointed board member shall hold the position until the next scheduled school election. At that time the appointed board member may run for a three year term, if one is available, or run for the remainder of the unexpired term.
If the board is unable to fill a vacancy by appointment within thirty days after the vacancy occurs, the board secretary shall call a special election to be held no sooner than sixty days and not later than seventy days after the vacancy occurred. The board member elected at the special election shall serve the remaining portion of the unexpired term.
Approved: Aug. 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
Revised: Aug. 9, 1993
CODE OF ETHICS OF THE BOARD
School Board members, as public officials, should strive to perform all the duties of office in an ethical manner.
In general, the Board members should operate within the code of ethics established by the Iowa Association of School Boards.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
CODE OF ETHICS OF THE BOARD
CODE OF ETHICS FOR BOARD MEMBERS
With the public school system accepted as the principal common agency for building and sustaining the American way of life, the Iowa Association of School Boards recommends this Code of Ethics to guide its members in providing free public education to all the children of all the people.
AS A SCHOOL BOARD MEMBER
1. I will listen.
2. I will respect the opinion of others.
3. I will recognize the integrity of my predecessors and associates and the merit of their work.
4. I will be motivated only by an earnest desire to serve my district and the children of my community in the best possible way.
5. I will not use the schools or any part of the school program for my own personal advantage or for the advantage of my friends or supporters.
6. I will vote for a closed session of the board if the situation requires it, but I will consider “star chamber” or “secret” sessions of board members unethical.
7. I will recognize that to promise in advance of a meeting how I will vote on any proposition which is to be considered, is to close my mind and agree not to think through other facts and points of view which may be presented in the meeting.
8. I will expect, in board meetings, to spend more time on educational programs and procedures than on business details.
9. I will recognize that authority rests with the board in legal session, and not with individual members of the board, except as authorized by law.
10. I will make no disparaging remarks, in or out of the board meeting, about other members of the board or their opinions.
11. I will express my honest and most thoughtful opinions frankly, in board meetings, in an effort to have all decisions made for the best interests of the children and the schools.
12. I will insist that all members of the board participate fully in board action, and recommend that when special committees are appointed, they serve only in an investigating and advisory capacity.
13. I will abide by majority decisions of the board.
14. I will carefully consider petitions, resolutions, and complaints, and will act upon them in the best interests of the schools.
15. I will not discuss the confidential business of the board in my home, on the street, or in my office; the place for such discussion being the school board meeting.
16. I will endeavor to keep informed on all local, state, and national educational developments of significance so that I may become a better school board member.
IN MEETING MY RESPONSIBILITY TO MY COMMUNITY
1. I will consider myself a trustee of public education and will do my best to protect it, conserve it, and advance it , giving to the children of my community the educational facilities that are as complete and adequate as it is possible to provide.
2. I will consider it an important responsibility of the board to interpret the aims, methods and attitude of the schools to the community.
3. I will earnestly try to interpret the needs and attitudes of the community and do my best to translate them into the educational program of the schools.
4. I will attempt to procure adequate financial support for the schools.
5. I will represent the entire district rather than individual electors, patrons, or groups.
6. I will not regard the schools as my own private property, but as the property of the people.
IN MY RELATIONSHIP WITH SUPERINTENDENT AND STAFF
1. I will function, in meeting the legal responsibility that is mine, as a part of a legislative, policy-forming body, not as an administrative officer.
2. I will recognize that it is my responsibility, together with that of my fellow board members, to see that the schools are properly run - not to run them myself.
3. I will expect the schools to be administered by the best-trained technical and professional people it is possible to procure.
4. I will recognize the superintendent as executive officer of the board.
5. I will work through the administrative employees of the board, not over or around them.
6. I will expect the superintendent to keep the school board adequately informed through oral and written reports.
7. I will vote to employ personnel only after the recommendation of the superintendent has been received.
8. I will insist that contracts be equally binding on the teacher and the school board.
9. I will give the superintendent power commensurate with his responsibility and will not in any way interfere with, or seek to undermine his authority.
10. I will give the superintendent friendly counsel and advice.
11. I will present any personal criticism of employees to the superintendent.
12. I will refer complaints to the proper administrative officer.
TO COOPERATE WITH OTHER SCHOOL BOARDS
1. I will not help to employ a superintendent , principal, or teacher who is already under contract with another school without first securing assurance from the proper authority that the person can be released from contract.
2. I will consider it unethical to bid for the services of a teacher or pursue any procedure calculated to embarrass a neighboring board or superintendent.
3. I will not recommend a teacher for a position in another school unless I would employ said teacher under similar circumstances.
4. I will answer all inquiries about the standing and ability of a teacher to the best of my knowledge and judgment, with complete frankness, being careful not to over praise nor to be unduly critical.
5. I will associate myself with school board members of other districts both personally and in conferences, for the purpose of discussing school problems and cooperating in the improvement of public school conditions.
PRESIDENT OF THE BOARD
The president of the Board of Directors shall preside at all its meetings; sign warrants, drafts, and all orders drawn upon the treasurer as provided by law; sign all contracts made by the Board; and appear on behalf of this corporation in all actions brought by or against it, unless the president is one of the parties in such actions, in which case this duty shall be performed by the secretary of the Board.
The president is entitled to discuss and to vote on all matters before the Board. However, prior to making a motion or seconding a motion, the president shall pass the gavel to the vice president or another member of the Board.
The Board president shall consult with the superintendent on the development of each agenda for future meetings.
The vice president shall preside at all meetings during which the president is absent or during any meeting when the president passes the gavel to the vice president.
Adopted: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
VICE-PRESIDENT OF THE BOARD
The vice-president shall serve in the absence of the president and shall perform such other duties as may be assigned by the president or the Board of Directors.
Adopted: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
SECRETARY OF THE BOARD
At a regular or special meeting of the Board held in August, prior to or on August 15, the Board shall appoint a secretary. The individual may not be a teacher employed by the Board but may be another employee of the district. The Board may appoint one person to serve as the secretary and treasurer. The term of appointment shall be for one year. He/she shall qualify within 10 days following appointment. The Board secretary shall give bond to the school corporation in the amount set by the Board. The secretary of the Board shall:
-- File and preserve copies of all reports made to the state and Area Education Agency superintendent and all papers transmitted to them pertaining to the business of the district.
-- Keep a complete record of all proceedings of the meetings of the Board.
-- Keep a record of all regular or special elections as directed by the County commissioner of Elections (auditor).
-- Keep a record of each fund deposited with the treasurer.
-- Keep an accurate account of all bills and present them to the Board for audit and approval for payment.
-- Make and file with the Board monthly financial statements, showing receipts, disbursements, and the remaining balance in each fund.
-- Countersign all warrants and drafts upon the county treasurer drawn and signed by the president.
-- Draw warrants for claims allowed by the Board, countersign and keep a record of them, showing fund upon which the warrant is drawn, the date, name of vendor purpose and the amount.
-- Report to the Superintendent of Public Instruction, county auditor, and county treasurer, the names of the president, the secretary, and the treasurer of the Board of Directors as soon as practicable after each officer has qualified.
-- Request reports from private schools regarding the attendance of pupils between the ages of 7 and 16.
-- Prepare and publish the annual and quarterly financial statements for the district.
-- Mail itemized tuition statements on or before February 15 and June 15 of each year.
-- Call to the attention of the Board any pertinent legal requirements relating to matters for which the secretary is responsible.
-- Arrange for all Board of Directors elections with the County Commissioner of Elections (auditor).
-- Handle legal advertisements.
-- Countersign all interest-bearing school bonds issued by the district.
-- Perform such other duties as may from time to time be required by the Board of Directors, the superintendent, or the law.
If both the president and vice-president are absent, the secretary shall serve as temporary chairman for the purpose of selecting a president protempore.
Adopted: August 12, 1985
Reviewed: Feb.10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
TREASURER OF THE BOARD
At a regular or special meeting of the Board held in August (prior to or on August 15), the Board shall appoint a treasurer. Term of office shall be for one year. The treasurer shall qualify within 10 days following appointment. The Treasurer may be another employee of the district including the Board secretary. The Treasurer shall give bond to the school corporation in the amount set by the Board.
The treasurer of the Board shall:
-- Receive all moneys belonging to the school district and make payments only upon the order of the president countersigned by the secretary.
-- Receive warrants signed by the president and countersigned by the secretary of the Board.
-- Keep an accurate record of all receipts and expenditures of school funds.
-- Register all orders drawn and reported to him/her by the secretary showing the number, date, to whom drawn, fund upon which drawn, purpose, and amount.
-- Keep an accurate separate account for the General Fund, the Schoolhouse Fund, and the Special Courses Fund.
-- Render a financial statement whenever required by the Board and keep books open for inspection at all times.
-- Make an annual report to the Board at its regular August meeting and file a copy with the country treasurer, and Superintendent of Public Instruction.
-- Deposit school funds in the banks designated by the Board as the official depositories with any changes authorized by the Board.
-- Keep a record on bond buyers.
-- Furnish to the Board a sworn statement from each depository bank, showing balance as of June 30
-- Receive apportionment of school funds and monthly payment of taxes from the county treasurer.
-- Receive and disburse playground funds.
-- Keep a record of persons to whom interest-bearing school bonds are sold.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
INDIVIDUAL BOARD MEMBERS
Authority rests with the Board in legal session, and not with individual members of the Board, except as authorized by specific Board action or by statue. Each Board member shall meet his/her legal responsibilities as a trustee of public education.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
DEVELOPMENT OF POLICY
The Board believes its primary function is to set policy. The policy should be in written form to provide guidelines and goals for daily operations of the school district.
Policies are principles adopted by the school board to chart a course of action. They tell what is wanted; they may include why and how much. Policies should be broad enough to indicate a line of action to be followed by the administration in meeting a number of problems; narrow enough to give clear guidance. Policies are guides for action by the administration, which then sets the rules and regulations to provide specific directions to school district personnel.
The Board exercises its leadership role by its involvement in the development and adoption of written policy. The Board exercises its control over the district by evaluating the reports concerning the execution of the written policy.
Policies may be proposed by any member of the Board, employee, citizen, student, superintendent, etc. All policy proposals shall be submitted to the Board, through the superintendent of schools, prior to a regular or special Board meeting. The proposed policy shall be placed on the agenda for consideration. Final action to adopt new policies or amended policies shall take place only after it has appeared as an agenda item at two Board meetings.
The superintendent of schools is responsible for keeping the Board informed of necessary policies and changes to existing policies.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
Revised: August 9, 1993
REVIEW AND REVISION OF POLICY
The board shall, at least once every five years, review board policy. Once the policy has been reviewed, even if no changes were made, a notation of the date of review shall be made on the face of the policy statement.
The board will review one-fifth of the policy manual annually according to the following subject areas:
Board of Directors (Series 200)
Administration, Employees (Series 300 and 400)
School District, Students, Education Program (Series 100, 500 and 600)
Students (Series 500)
Board of Directors, Non-instructional Operations and Business Services, Buildings and Sites, School District-Community Relations (Series 200, 700, 800 and 900)
It shall be the responsibility of the superintendent to keep the board informed as to legal changes at both the federal and state levels. The superintendent shall also be responsible for bringing proposed policy statement revisions to the board’s attention.
If a policy is revised because of a legal change over which the board has no control or a change which is minor, the policy may be approved at one meeting at the discretion of the board.
Approved: Aug. 12, 1985
Reviewed: February 10, 1987
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
Revised: January 17, 2000
APPROVAL OF ADMINISTRATIVE REGULATIONS
Administrative regulations shall be developed by the superintendent of schools or a designee.
Although the Board wishes to be kept informed of regulations that are written to implement its policies, it will not formally review, change, or veto administrative regulations unless they are, in the Board’s judgment, contrary to the intent of established Board policy.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
Standing Committees of the Board
There shall be no standing committees.
Approved: August 12, 1985
Reviewed: February 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
TEMPORARY COMMITTEES OF THE BOARD
Temporary committees of the Board may be appointed by the president of the Board of Directors; their duties shall be outlined at the time of appointment. A temporary committee shall be considered dissolved when its final report is made to the Board of Directors. The function of the advisory committee is to provide information and recommendations as directed by the Board to assist the Board in its decision making capacity. The recommendations and reports of all committees will be advisory in nature with final decision making authority retained by the Board.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
CITIZENS’ ADVISORY COMMITTEES
Whenever it seems advisable, the Board of Directors may appoint a temporary citizen advisory committee for specific or general purposes. The duties of such committees shall be outlined at the time of appointment. Recommendations and reports from citizens’ advisory committees shall be distributed via the office of the superintendent of schools. All recommendations and reports will be advisory in nature with final decision making authority retained by the Board.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
AD HOC COMMITTEES
Whenever the board deems it necessary, the board may appoint a committee of the board made up of citizens, staff or students to assist the board. Committees formed by the board shall be ad hoc committees.
An ad hoc committee is formed by board resolution which shall outline the duties and purpose of the committee. The committee is advisory in nature and has no duty or responsibility other than that specifically stated in the board resolution. The committee shall automatically dissolve upon the delivery of its final recommendation to the board or upon completion of the duties outlined in the board resolution. The board will receive the report of the committee for consideration. The board retains the authority to make a final decision on the issue. The committee may be subject to the open meetings law.
The board president shall appoint, or the board shall elect, the necessary members to the committee. When possible, and when the necessary expertise required allows, the committee members will be representative of the school district community and shall consider the various viewpoints on the issue. The board may designate a board member and the superintendent to serve on an ad hoc committee. The committee will select its own chairperson, unless the board designates otherwise.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
Revised: August 9, 1993
AD HOC COMMITTEES EXHIBIT
Ad Hoc Committee Purpose and Function
The specific purpose of each ad hoc committee varies. Generally, the primary function of an ad hoc committee is to give specific advice and suggestions. The advice and suggestions should focus on the purpose and duties stated in the board resolution establishing the committee. It is the board’s role to take action based on information received from the ad hoc committee and other sources. Ad hoc committees may be subject to the open meetings law.
Role of an Ad Hoc Committee Member
The primary role of an ad hoc committee member is to be a productive, positive member of the committee. In doing so, it is important to listen to and respect the opinions of others. When the ad hoc committee makes a recommendation to the board, it is important for the ad hoc committee members to support the majority decision of the ad hoc committee. An ad hoc committee will function best when its members work within the committee framework and bring items of business to the ad hoc committee.
Ad Hoc Committee Membership
Ad hoc committee members are appointed by the board. The board may request input from individuals or organizations, or it may seek volunteers to serve. Only the board or superintendent has the authority to appoint members to an ad hoc committee. Board must follow the legal limitations or requirements regarding the membership of and ad hoc committee.
BOARD OF DIRECTORS' CONFLICT OF INTEREST
Board members must be able to make decisions objectively. It is a conflict of interest for a board member to receive direct compensation from the school district, unless exempted in this policy, for anything other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of official duties. A board member will not act as an agent for a school textbook or school supply company during the board member's term of office. It will not be a conflict of interest for board members to receive compensation from the school district for contracts to purchase goods or services if the benefit to the board member does not exceed $2,500 in a fiscal year or if the contracts are made by the board, upon competitive bid in writing, publicly invited and opened.
The conflict of interest provisions do not apply to a contract that is a bond, note or other obligation of a school corporation if the contract is not acquired directly from the school corporation, but is acquired in a transaction with a third party, who may or may not be the original underwriter, purchaser, or obligee of the contract, or to a contract in which a director has an interest solely by reason of employment if the contract was made by competitive bid, in writing, publicly invited and opened, or if the remuneration for employment will not be directly affected as a result of the contract and duties of employment do not involve any of the preparation or procurement of any part of the contract. The competitive bid section of the conflict of interest provision does not apply to a contract for professional services not customarily competitively bid.
It will also be a conflict of interest for a board member to engage in any outside employment or activity which is in conflict with the board member's official duties and responsibilities. In determining whether outside employment or activity of a board member creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist includes, but are not limited to, any of the following:
(1) The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district badge, uniform, business card or other evidence of office to give the board member or member of the board member's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public. For purposes of this section, a person is not "similarly situated" merely by being related to a board member.
(2) The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the board member or a member of the board member's immediate family from anyone other than the state or the school district for the performance of any act that the board member would be required or expected to perform as part of the board member's regular duties or during the hours in which the board member performs service or work for the school district.
(3) The outside employment or activity is subject to the official control, inspection, review, audit, or enforcement authority of the board member, during the performance of the board member's duties of office or employment.
If the outside employment or activity is employment or activity in (1) or (2) above, the board member must cease the employment of or activity. If the activity or employment falls under (3), then the board member must:
It is the responsibility of each board member to be aware of an actual or potential conflict of interest. It is also the responsibility of each board member to take the action necessary to eliminate such a conflict of interest. Should a conflict of interest arise, a board member should not participate in any action relating to the issue from which the conflict arose.
Legal Reference: Iowa Code §§ 55; 68B, 71.1; 277.27; 279.7A; 301.28 (2003).
1990 Op. Att'y Gen. 37.
1988 Op. Att'y Gen. 21.
1986 Op. Att'y Gen. 10.
1984 Op. Att'y Gen. 23.
1982 Op. Att'y Gen. 302.
1978 Op. Att'y Gen. 295.
1976 Op. Att'y Gen. 89.
1974 Op. Att'y Gen. 137.
1936 Op. Att'y Gen. 237.
Cross Reference: 201.4 Elections to the Board
202.1 Code of Ethics
205.1 Compensation and Expenses of Board Members
203.9 Gifts to Board of Directors
Approved: February 8, 1988
Reviewed: February 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
Revised: July 17, 2000
September 15, 2003
GIFTS TO BOARD OF DIRECTORS
Board members may receive a gift on behalf of the school district. Board members shall not, either directly or indirectly, solicit, accept or receive gift, series of gifts or an honorarium unless the donor does not meet the definition of “restricted donor” stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below.
A “restricted donor” is defined as a person or other entity which:
Is seeking to be or is a party to any one or any combination of sales, purchases, leases or contracts to, from or with the school district;
Will be directly and substantially affected financially by the performance or non-performance of the board member’s official duty in a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or
Is a lobbyist or a client of a lobbyist with respect to matters within the school district’s jurisdiction.
A “gift” is the giving of anything of value in return for which something of equal of greater value is not given or received. However, “gift” does not include any of the following:
* Contributions to a candidate or a candidate’s committee;
* Information material relevant to a board member’s official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;
* Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
* An inheritance;
* Anything available or distributed to the general public free of charge without regard to the official status of the board recipient;
* Actual expenses of a board member for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the board member has participation or presentation responsibilities;
* Plaques or items of negligible resale value given as recognition for public services;
* Items of food and drink with a value of less than three dollars that are received from any one donor during one calendar day;
* Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a political subdivision of the state of Iowa is a member;
* Items or services received as part of a regularly scheduled event that is part of a conference, seminar or other meeting that is sponsored and directed by any state, national or regional organization in which the state of Iowa or a political subdivision of the state of Iowa is a member.
An “honorarium” is anything of value that is accepted by, or on behalf of, a board member as consideration for an appearance, speech or article. An honorarium does not include any of the following:
* Actual expenses of a board member for food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the board member has participation or presentation responsibilities;
* A non-monetary gift or series of non-monetary gifts donated within thirty days to a public body, a bona fide educational or charitable organization or the department of general services;
* A payment made to a board member for services rendered as part of a bona fide private business, trade or profession in which the board member is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person’s status as a board member but rather, because of some special expertise or other qualification.
* Items received from a charitable, professional, education or business organization to which the board member belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member’s status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;
* Actual expenses of a board member for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the board member has participation or presentation responsibilities;
* Plaques or items of negligible resale value given as recognition for public services;
* Non-monetary items with a value of less than three dollars that are received from any one donor during one calendar day;
* Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
* Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
* Funeral flowers or memorials to a church or nonprofit organization;
* Gifts which are given to a public official for the public official’s wedding or twenty-fifth or fiftieth wedding anniversary;
* Payment of salary or expenses by a board member’s employer or the firm in which the board member is a member for the cost of attending a meeting of a subunit of an agency when the board member whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the board member is not entitled to receive compensation or reimbursement of expenses from the school district; or
* Gifts other than food, beverages, travel and lodging received by a board member which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the board member.
An “honorarium” is anything of value that is accepted by, or on behalf of, a board member as consideration for an appearance, speech or article. An honorarium does not include any of thefollowing:
* Actual expenses of a board member for services rendered as part of a private business, trade or profession in which the board member is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person’s status as a board member but, rather, because of some special expertise or other qualification.
It shall be the responsibility of each board member to know when it is appropriate to accept or reject gifts or an honorarium.
Approved: Dec. 14, 1992
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
Revised: Nov. 8, 1993
BOARD OF DIRECTORS’ RECORDS
The board shall keep and maintain permanent records of the board including, but not limited to, records of the minutes of board meetings and other required records of the board.
It shall be the responsibility of the board secretary to keep the minutes of the board meetings. The minutes of each board meeting shall include as a minimum the following items: a record of the date, time, place, members present, action taken and the vote of each member with the schedule of bills allowed attached. This information shall be furnished within two weeks of the board meeting, information needs to be at the newspaper office within two weeks but not necessarily published within two weeks, and to be published in a newspaper designated as a newspaper for official publication. The schedule of bills allowed may be published on a once monthly basis in lieu of publication with the minutes. The permanent records of the board minutes may include more detail than is required for the publication of the minutes.
Minutes waiting approval at the next board meeting will be available for inspection at the central administration office after the board secretary transcribes the notes into typewritten material which has been proofed for errors and retyped.
Approved: May 10, 1993
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
Revised: August 9, 1993
MEETINGS OF THE BOARD
Meetings of the Board are conducted for the purpose of carrying on the business of the schools. The meetings are usually held in public with a few exceptions or exemptions. Only Board members have the authority to make and second motions, and vote on issues before the Board. The Board may establish rules for its own government and determine procedures that will be followed during Board meetings. Meetings may be closed to the public to allow the Board to discuss a specific topic from a narrow list of reasons and following the procedures defined by law ( See Policy No. 204.4).
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
PUBLICATION OF FINANCIAL RECORDS
Each month the schedule of bills allowed by the board shall be published in a newspaper designated as a newspaper for official publication. Annually, the total salaries paid to school district personnel regularly employed by the school district shall also be published in a newspaper designated as a newspaper for official publication.
It shall be the responsibility of the board secretary to publish in concert with this policy.
Approved: February 8, 1988
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
OPEN MEETINGS
A gathering of a majority of board members in which deliberation of an issue within the jurisdiction of the board takes place is a board meeting. A gathering for the purpose of social or ministerial action shall not constitute a board meeting unless a discussion of policy takes place. Meetings of the board shall be conducted in an open meeting unless a closed session is authorized by law.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
Revised: August 9, 1993
REGULAR BOARD MEETINGS
Unless the board adopts and publicizes an alternative date or time at its organizational meeting, or within forty-eight (48) hours prior to the meeting, regular meetings of the Board of Directors shall be held on the third Monday of each month. All meetings shall be held in the meeting place officially designated by the board in regular session. Public notice of each regular meeting of the board shall be provided in the manner described in Policy No. 204. 7, Notice for Board Meetings.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
Revised: April 14, 1997
October, 2008
SPECIAL BOARD MEETINGS
Special meetings may be called by vote of the Board of Directors, or by the president or the secretary upon the written request of a majority of the members of the Board. The agenda for special meetings shall be limited to the item or items for which the special meeting is called.
Emergency Meeting
The Board may meet on an emergency basis without a twenty-four hour advance notice for good cause when the notice requirements are impossible or impractical. However, the Board should give as much advance notice of an emergency meeting as is reasonably possible.
Notice for special and emergency meetings shall be given in the manner described in Policy No. 204.7, Notice for Board Meetings.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
CLOSED SESSIONS
Generally, board meetings shall be open meetings, unless a closed session is provided for by law. The board shall hold a closed session in the situations stated below.
Exceptions to the Open Meetings Law
Closed sessions take place as part of an open meeting. The item for discussion in the closed session shall be listed as part of the tentative agenda on the public notice. The motion for a closed session, stating the purpose for the closed session, shall be made and seconded during the open meeting. A minimum of two-thirds of the board, or all of the board members present, must vote in favor of the motion on a roll call vote. Closed sessions shall be tape recorded and have detailed minutes kept by the board secretary. Final action on matters discussed in the closed session shall be taken in a open meeting.
The minutes and the tape recording will restate the motion made in the open meeting, the roll call vote, the members present, and the time the closed session began and ended. The tape recordings and the written minutes shall be kept for one year from the date of the meeting. Real estate related minutes and tapes will be made public after the real estate transactions completed.
The detailed minutes and tape recording shall be sealed and shall not be public records open to public inspection. The minutes and tape recording shall only be opened upon court order in an action to enforce the requirements of the open meetings law. The board has complete discretion as to who may be present at a closed session.
Reasons for the board entering into a closed session from an open meeting include, but are not limited to, the following:
1. To review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for the board’s possession or receipt of federal funds.
2. To discuss strategy with legal counsel in matters presently in litigation, or where litigation is imminent, if disclosure would be likely to prejudice or disadvantage the board.
3. To discuss whether to conduct a hearing for suspension or expulsion of a student, unless an open meeting is requested by the student or the parent of the student.
4. To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when a closed session is necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.
5. To discuss the purchase of particular real estate, but only when premature disclosures could be reasonably expected to increase the price the board would have to pay for the property.
Exemptions to the Open Meetings Law
Board meetings at which a quorum is not present, or gatherings of the board for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of the open meetings law, are exempt from the open meetings law requirements. Since gatherings of this type are exempt from the open meetings requirements, they can be held without public notice, be separate from an open meeting, be held without taping the gathering or taking minutes, and be held without a vote or motion. The board may hold an exempt session for the following:
1. negotiating sessions, strategy meetings of public employers or employee organizations, mediation and the deliberative process of arbitration;
2. to discuss strategy in matters relating to employment conditions of employees not covered by the collective bargaining law; and
3. to conduct a private hearing relating to the recommended termination of a teacher's contract. However, the private hearing in the teacher’s contract termination shall be recorded verbatim by a court reporter.
Approved: Aug. 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
Revised: Aug. 9, 1993
ANNUAL MEETING
Each year after August 31 and prior to the organizational meeting of the board, the board will hold its annual meeting.
At the annual meeting, the board will examine the financial books and settle the secretary's and treasurer's statements for the fiscal year ending the preceding June 30. As part of the annual reports, the treasurer will present affidavits from depository banks.
The board, at this meeting, will also appoint a board secretary and a treasurer. In the board's discretion, one individual may serve as both the secretary and treasurer. The board may also appoint the board's legal counsel.
Legal Reference: Iowa Code §§ 279.3, .33 (2003).
Cross Reference: 202.4 Secretary of the Board
202.5 Treasurer of the Board
Approved: August 12, 1985
Reviewed: February 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
Revised: August 20, 2001
September 15, 2003
ORGANIZATIONAL MEETING OF THE BOARD
The Board shall hold its organizational meeting each year at its regular meeting in September on the third Monday of the month. The old school board shall transfer materials, including the board policy manual, and responsibility to the new school board.
The purpose of the meeting is to transfer material and responsibility from the retiring Board to the new Board. At the meeting, the Board will elect a president, who will hold office for one year. Once elected, the president will be entitled to vote on all matters before the Board.
The election of the president and other officers of the Board may, if the Board so chooses, be by written ballot; however, each member will identify his/her ballot. Each ballot will be attributed as it is tallied, in order to comply with the requirements of the Open Meetings Law.
Meeting Procedure
The organizational meeting of the Board will be held in two parts; the final meeting of the retiring board, and the organizational meeting of the new Board.
1. Final Meeting of the Retiring Board
(1) Call to order
(2) Roll call
(3) Approval of minutes of previous meeting(s)
(4) Communications
(5) Audience to visitors
(6) Unfinished business
(a) Current claims and accounts (for the retiring Board to authorize)
(b) Other items: if any member of the Board feels that the Board should consider any unfinished business, the member should address the issue at this time.
(7) Review of election results: the district secretary will present the official report on the latest election; the county auditor provides the official tally. Official results are recorded in the minutes.
(8) Adjournment of the retiring board, “sine die.”
2. Organizational Meeting of the New Board
(1 and 2) Call to order and roll call.
(3) Oath of office. The district secretary will administer the oath to new members. (See Policy No. 204.15, Board Member Oath of Office.)
(4) Selection of a president “pro tem.” The chair will call for nominations; nominations need not be seconded. If only one member is nominated, a motion may be made to appoint that person by acclamation in a voice vote; if more than one person is nominated, a recorded vote is required.
(5) Election of a president of the Board. The president pro tem calls for nominations; nominations need not be seconded. If only one member is nominated, a motion calling for a unanimous ballot may be presented, and carried by unanimous voice vote. If the voice vote is not unanimous, or if more than one member is nominated, the voting may be done by signed ballot. The secretary will announce the result of the vote, and the newly elected president will assume the chair.
Other items of business at the organizational meeting may include;
(6) Resolution of appreciation recognizing the public service rendered by retiring Board members.
(7) Determination of dates, times, and places for regular meetings of the Board.
(8) Resolution to define the operating rules and practices that will be followed by the new Board.
(9) Appointment of legal counsel for the school district and the Board.
(10) Communications.
(11) Audience to visitors.
(12) Superintendent’s report.
(13) Adjournment.
Vacancies in Officer Positions
If any office of the Board should become vacant between organizational meetings, such office will be filled by the remaining members of the Board in the same fashion as outlined in the policy above.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
NOTICE FOR BOARD MEETINGS
Public notice of regular or special meetings of the Board of Directors shall be provided by posting the agenda on a bulletin board at the central administration office and at the site of the Board meeting. Notice shall be given at least 24 hours prior to the commencement of each meeting, and should include the time, date, place, and tentative agenda. Notice shall be provided to the news media and to others who have filed a request for notice with the secretary of the Board. All requests for notice must be renewed annually.
Notice of the call of a special meeting shall be given to each Board member at least 24 hours before the meeting. The notice shall specify the time, date, place, and purpose (tentative agenda) of the meeting. Attendance at the special meeting shall constitute a waiver of notice.
An emergency meeting may be called with less that 24-hour notice when the Board is required to meet for good cause to take immediate action. In an emergency, when it is not possible to give 24 hours notice, the Board secretary will notify the media who have requested notification, by telephone, and post the meeting notice, as far in advance of the meeting as possible. The minutes of such an “emergency” meeting should clearly state the good cause justifying the emergency meeting.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
QUORUM FOR BOARD MEETINGS
The majority of the full membership of the Board of Directors constitutes a quorum and must be present for the transaction of business. An affirmative vote of those present and voting shall be sufficient to pass any motion or take any action, unless the law or Board policy requires the vote of a greater number in a particular case.
A quorum need not be present to adjourn a meeting.
Approved: August 12, 1985
Reviewed: February 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
RULES OF ORDER
The Board shall follow Roberts Rules of Order, Revised, latest edition as modified by this policy and subsequent rule.
The purpose of modified rules adopted by the Board are:
1. To establish guidelines by which the business of the governing board can be conducted in a regular and internally consistent manner;
2. To organize the meeting so that all necessary matters can be brought to the Board and that decisions of the Board can be made in an orderly and reasonable manner;
3. To insure that members of the board, concentrating on the substantive issues at hand, have the necessary information to make decisions, and to insure adequate discussion of decisions to be made.
4. To insure that meetings and actions of the Board are conducted so as to be informative to the staff and the public, and to produce a clear record of actions taken and decisions made.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
RULES OF ORDER
The following rules of procedure have been adopted by the Board at the annual organizational meeting:
1. Board members need not rise to gain the recognition of the chair.
2. All motions will be made as a positive action.
3. A motion will be adopted or carried if it receives an affirmative vote from more than half of the votes cast. Only “yes” and “no” votes are counted in this calculation. It should be noted that some motions require larger numbers of affirmative votes, such as to move into a closed session.
4. All motions shall receive a second, prior to opening the issue for discussion of the board. If a motion does not receive a second, the chair may declare the motion dead for lack of a second.
5. The chair may decide the order in which board members will be recognized to address an issue. An attempt should be made to alternate between pro and con positions.
6. The chair shall rule on all motions that come before the Board.
7. The chair may rule on points of order brought before the Board.
8. The chair shall have complete authority to recognize any member of the audience regarding a request to participate in the board meeting. Members of the public who wish to participate shall follow the procedures outlined in Policy No. 204.14.
9. The chair has the authority to declare a recess at any time for the purpose of restoring decorum to the meeting.
10. The order in which names will be called for roll call votes will be as follows:
a. All board members will be listed in alphabetical order by last name.
b. All roll call votes will be called in alphabetical order by last name.
c. The first roll call vote will begin at the top of the list and proceed down. The second roll call vote will begin with the second name and proceed down the list, with the last name called to be the first person called on the previous vote.
d. A person’s absence, or presence, will have no effect on the rotation.
e. The Board president’s name is placed in the rotation and receives no preferential treatment due to elected position.
f. The Board secretary will maintain the record of rotation for roll call votes. The sequence will continue from meeting to meeting.
11. The chair has the same authority and responsibility as each board member to vote on all issues.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
BOARD MEETING AGENDA
The tentative agenda for each board meeting shall state the topics for discussion and action at the board meeting. The agenda is part of the public notice of the board meeting and will be posted and distributed.
Persons wishing to place an item on the agenda must make a request to the superintendent prior to the posting of the public notice. The person making the request must state the person’s name, address, purpose of the presentation action desired and pertinent background information. Requests received after the deadline may only be added to the agenda for good cause.
The tentative agenda and supporting documents shall be sent to the board members a minimum of two days prior to the scheduled board meeting. These documents are the private property of the board member.
The board shall take action only on these agenda items, on the tentative agenda posted with the public notice. Items added to the agenda may be discussed or taken under advisement by the board. If an added item is acted upon, the minutes of the board meeting shall state the reason for immediate action. The board shall exercise this discretionary authority with great care.
It shall be the responsibility of the board president and superintendent to develop the agenda for each board meeting.
Approved: December 14, 1992
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
ORDER OF REGULAR BUSINESS MEETINGS
The order of business at regular board meetings shall be established by mutual agreement between the superintendent and the president of the board.
1) CALL TO ORDER
2) DETERMINE A QUORUM
3) ADOPT AGENDA
4) WELCOME/PATRON COMMENT
5) APPROVAL OF MINUTES
6) BILLS AND CLAIMS
7) FINANCIAL REPORTS
8) TRANSPORTATION REPORT
9) HMS PROGRAM SPOTLIGHT
10) OLD BUSINESS
11) NEW BUSINESS
12) PRINCIPALS’ REPORTS
13) POLICIES
Review (no action)
First Reading (no action)
Second Reading (Board will take action)
14) PERSONNEL
15) SUPERINTENDENT’S REPORT
16) ADJOURN
The tentative agenda, required by the Open Meetings Law to be included with the notice given at least twenty-four (24) hours before the meeting, shall be specific enough to properly inform the public of the business before the Board. The tentative agenda can be amended within the 24-hour notice period only if good cause exists requiring action on additional matters. If such matters are added, a statement to that effect shall be entered in the minutes, and as much advance notice as possible should be given to the public and the media. This is not meant to prevent the Board or members of the public or the staff from introducing items for discussion only; action on discussion items, however, must normally be deferred to a subsequent meeting when the legally required notice can be given.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
Revised: April 14, 1997
PARTICIPATION BY THE PUBLIC
The Board encourages public attendance and participation in its board meetings. The Board meets on a regular schedule of open public meetings to conduct the official business of the school district. The public is asked to recognize that time limitations require the board adopt procedures to assure an orderly process during the meeting.
In order to assist the Chair, persons who wish to address the Board should fill out a card which is provided at the door. The person’s name and the subject of his/her remarks should be noted. These should be given to the secretary prior to the meeting. If the stated subject is on the agenda, the speaker will be heard at the time that agenda item is initially brought up for discussion by the Board. Other speakers will also be recognized if time permits. To insure fairness and efficiency, speakers are asked to keep comments as brief as possible, not to exceed four minutes.
Only those individuals recognized by the chair shall be permitted to participate in the discussion. Any attempt by persons not so recognized to discuss any motion before the Board, is out of order.
It shall be in order for the members of the Board, after first gaining recognition of the chair, to interrupt the speaker to ask questions and clarify the discussion.
The chair shall permit and conduct adequate discussion of each item by Board members, staff and audience. In general, no more than twenty minutes will be allowed for public comments. Should additional time be needed, a motion to extend the discussion time may be made by any Board member.
If a topic is not on the agenda, persons may address the Board in the Public Forum item of the agenda. If an issue is raised which will require the preparation of an agenda item, it will be referred to the superintendent for such preparation, and the person raising the issue will be informed of the meeting when it will appear on the agenda.
Extended discussion or action on any item can only take place with items on the agenda, not discussion.
Complaints by a person addressing the Board concerning an employee of the district should follow the Policy No. 204.12.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
OATH OF OFFICE, BOARD MEMBERS
The oath may be administered by a qualified Board member or by the Board secretary during the Board meeting, usually the organizational meeting, in the following form:
“Do you solemnly swear that you will support the Constitution of the United States and the Constitution of the State of Iowa, and that you will faithfully and impartially, to the best of your ability, discharge the duties of the office of ________________________________ (naming the office) in _____________________________________ (naming the district) as now and hereafter required by law?
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
PUBLIC HEARINGS
In conducting public hearings required by law, and any other hearings as it deems advisable, the Board will adhere strictly to any statutory requirements that apply to the specific type of hearing and shall seek to conduct the hearings in a fair, open, and objective manner, giving all persons involved an equal opportunity to be heard.
The president of the Board, or another member at his/her and the Board’s approval, will preside at hearings before the Board.
At the beginning of the proceedings, the attending public will be informed of particular rules that it will be following in regard to questions, remarks, rebuttals, time limitations, or other rules necessary to give everyone an opportunity to be heard.
In conformance with customary hearing procedures, statements and supporting information will be presented first by the Board President, or by others on behalf of the Board. To address the Board, citizens must be recognized by the chair, and all remarks must be addressed to the chair and be germane to the topic.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
WORK SESSIONS
The board, as a decision making body, is confronted with a continuing flow of problems, issues and needs which require action. While the board is determined to expedite its business, it is also mindful of the importance of planning, brainstorming and thoughtful discussion without action. Therefore, the board may schedule work sessions and retreats in order to provide its members and the administration with just such opportunities. The board has the authority to hire an outside facilitator to assist them in work sessions.
Topics for discussion and study will be announced publicly, and work sessions and retreats will be conducted in open session. However, no board action will take place at the work session.
Approved: August 9, 1993
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
COMPENSATION AND EXPENSES OF BOARD MEMBERS
Members of the Board of Directors shall serve without pay. They shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties as members of the Board.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
MEMBERSHIP IN STATE AND NATIONAL ASSOCIATIONS
It shall be the policy of the Board of Directors to encourage active membership in the Iowa Association of School Boards. At the pleasure of the Board, the district may maintain membership in additional state and national associations.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
BOARD OF DIRECTORS AND ELECTED OFFICIALS
Being aware of, and expressing their opinion on, proposed law revisions and new laws is essential to maintaining and creating an education program to meet the needs of the school district community.
It shall be the responsibility of the board to maintain contact with the elected official representing the school district. It shall be the responsibility of the superintendent to assist the board in keeping up-to-date on proposed laws and in contacting the elected officials who represent the school district.
Note: This policy eliminated the language advising board members to register to lobby. The August 26, 1992, Special Report sample policy on Board of Directors and Elected Officials should be replaced by this policy.
Approved: Dec. 14, 1992
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
Revised: Dec. 8, 1993
BOARD OF DIRECTORS' CONFLICT OF INTEREST
Board members must be able to make decisions objectively. It is a conflict of interest for a board member to receive direct compensation from the school district, unless exempted in this policy, for anything other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of official duties. A board member will not act as an agent for a school textbook or school supply company doing business with the school district during the board member's term of office. It will not be a conflict of interest for board members to receive compensation from the school district for contracts to purchase goods or services if the benefit to the board member does not exceed $2,500 in a fiscal year or if the contracts are made by the board, upon competitive bid in writing, publicly invited and opened.
The conflict of interest provisions do not apply to a contract that is a bond, note or other obligation of a school corporation if the contract is not acquired directly from the school corporation, but is acquired in a transaction with a third party, who may or may not be the original underwriter, purchaser, or obligee of the contract, or to a contract in which a director has an interest solely by reason of employment if the contract was made by competitive bid, in writing, publicly invited and opened, or if the remuneration for employment will not be directly affected as a result of the contract and duties of employment do not involve any of the preparation or procurement of any part of the contract. The competitive bid section of the conflict of interest provision does not apply to a contract for professional services not customarily competitively bid.
It will also be a conflict of interest for a board member to engage in any outside employment or activity which is in conflict with the board member's official duties and responsibilities. In determining whether outside employment or activity of a board member creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist includes, but are not limited to, any of the following:
(1) The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district badge, uniform, business card or other evidence of office to give the board member or member of the board member's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public. For purposes of this section, a person is not "similarly situated" merely by being related to a board member.
(2) The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the board member or a member of the board member's immediate family from anyone other than the state or the school district for the performance of any act that the board member would be required or expected to perform as part of the board member's regular duties or during the hours in which the board member performs service or work for the school district.
(3) The outside employment or activity is subject to the official control, inspection, review, audit, or enforcement authority of the board member, during the performance of the board member's duties of office or employment.
If the outside employment or activity is employment or activity in (1) or (2) above, the board member must cease the employment of or activity. If the activity or employment falls under (3), then the board member must:
· Cease the outside employment or activity; or,
· Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity. Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.
It is the responsibility of each board member to be aware of an actual or potential conflict of interest. It is also the responsibility of each board member to take the action necessary to eliminate such a conflict of interest. Should a conflict of interest arise, a board member should not participate in any action relating to the issue from which the conflict arose.
Legal Reference: Iowa Code §§ 39.1, .2; 68B, 71.1; 277.27; 279.7A; 301.28 (2009).
1990 Op. Att'y Gen. 37.
1988 Op. Att'y Gen. 21.
1986 Op. Att'y Gen. 10.
1984 Op. Att'y Gen. 23.
1982 Op. Att'y Gen. 302.
1978 Op. Att'y Gen. 295.
1976 Op. Att'y Gen. 89.
1974 Op. Att'y Gen. 137.
1936 Op. Att'y Gen. 237.
Cross Reference: 400.4 Employee Conflict of Interest
Approved: September 21, 2009
Reviewed: January 20, 2014
Revised
BOARD MEMBER SERVICES
Individual Board members provide a vital public service to the school district by serving on a Board that is confronted by a dynamic array of issues challenging public education on the local, state and national levels.
It is in the best interest of the students and communities served by the schools that Board members be provided with ongoing development opportunities on local, regional, state and national levels.
Board members are encouraged to participate in development programs at district expense whenever the program reasonably appears to be beneficial to the Board/District operations and the Board approves the expenditure in advance.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
NEW BOARD MEMBER ORIENTATION
Board members and superintendents will assist each newly elected or appointed Board member to understand the Board’s function, policies and procedures.
A new board member will be provided with copies of all appropriate publications and documents including the Board’s Policy manual, selected sections of the School Laws of Iowa and other selected publications from regional and state sources.
New members will be encouraged to attend meetings or workshops conducted by outside organizations designed specifically for the orientation of new members. Expenses will be reimbursed by the Board in accordance with established policy.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
Revised: May 10, 1993
BOARD MEMBER ORIENTATION
The following list of topics may be used in developing a comprehensive orientation program.
School-Community Relationships and General Responsibilities:
1. An explanation of how board meetings are conducted (notices, agenda items, motions, seconds, petitions, etc.).
2. An explanation of the management structure and responsibilities of the board, superintendent, administrators and individual board members.
3. An explanation of board member development opportunities throughout the year, with financial reimbursement for related costs.
4. An explanation of the district’s public relations program, how it is coordinated and what activities regularly take place.
5. An explanation of services, activities of various groups, associations and unions.
6. An explanation of Iowa’s School Foundation Plan and what it means in terms of the local district budget.
7. A copy of the district’s budget. Explanation of how, when and by whom it is prepared; how educational needs are translated into a dollars and cents plan, where the money comes from, and how the money is spent.
8. A description of the district’s student enrollment trends and projections.
9. An explanation of the scope and recent history of local tax levies.
10. A listing of the existing bond indebtedness of the district and when various building debts will expire.
11. An explanation of the funding process for Area Education Agencies.
12. An explanation of curriculum standards required by state law (Section 257.25) and implemented by rules of the Department of Public Instruction, and the role of accreditation institutions, i.e., North Central Association and any recent Evaluations Program.
13. An explanation of the district’s overall educational program, needs assessment results and future plans for program changes.
14. An explanation of the educational organization of the school district, including student groupings, shared pupils/teachers, and curriculum articulation.
15. An explanation of student achievement, testing and the utilization of test results.
16. A statement of the percentages of students who go on to college or other post high school programs and drop out.
17. Documents showing teacher-pupil ratio and median class size district-wide and for appropriate sub-groupings.
18. An explanation of the district’s program for exceptional children; those with higher or lower than normal mentality, impaired sight or hearing, emotional, neurological and other problems.
19. A statement of the age and condition of textbooks, instructional materials, media holdings, and school equipment.
20. A statement of the board’s philosophy regarding extracurricular activities in the district and a listing of activities, participation levels and cost factors.
21. An explanation of the services of the Area Education Agency.
22. A description of district staff and recruitment procedures.
23. A copy of staff salary schedules, median or mean salary and fringe benefit programs.
24. An explanation of collective bargaining, the hows and whys of negotiations, a copy of any collective bargaining agreement(s), along with a brief history of bargaining in the District.
25. A brief explanation of the board’s role relative to administrator and teacher contract law.
26. An explanation of the district’s evaluation criteria and procedures for the administrators, teachers and support personnel.
27. A list showing the number, location, boundaries, and condition of schools and other buildings owned or operated by the district.
28. A description of the district’s building maintenance program and construction plans.
29. An explanation of the student transportation system.
Source: IASB orientation packet
BOARDSMANSHIP
As the task of educating our youth must be a top priority of the communities served by the Hartley-Melvin-Sanborn Community School District, the board of directors shall dedicate themselves to becoming informed on current educational issues, research and trends. To this end every director is encouraged to:
* complete level 1 ABLE training provided by the Iowa Association of School Boards by the end of their first term
* conduct periodic planning workshops to assess board performance, assess established board goals, and set new goals as deemed necessary and appropriate
* attend the annual state conference of the Iowa Association of School Boards
* attend other area, regional, state or national meetings related to education.
To stay abreast of national trends and successful cutting-edge programs, the superintendent shall budget sufficient funds to provide for the participation of all directors in the boardsmanship activities listed above. In addition, funds shall be provided for two directors to attend the national NASB or AASA conference every other year.
In recognition of a director’s dedication to service, directors who qualify for the Better Boardsmanship Award shall be recognized by the local board and their accomplishment announced through the local media.
Approved: May 10, 1993
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014
Revised: April 14, 1997
BOARD MEMBER INSURANCE
The school district shall carry adequate insurance to protect the District, the Board and its members from legal liability while acting in behalf of the School District. The insurance coverage will include School Board Errors and Omissions insurance.
Approved: August 12, 1985
Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014