TC-1000-1

1000—BOARD BYLAWS

Introduction &

Information Nominating Petition

Registration of Voters

Special Elections

Advice of Legal Counsel

Voting Precincts

Election Inspectors

1005 District Authority

1010 District Legal Status

1015 District Mission Statement

1020 Bylaws

1030 Membership

Term of Office

1032 Powers and Duties

Functions of the Board

1035 Board Membership – Student Representation

1040 District Goals and Objectives

1100 Elections

Chief Election Officer

1115 Acceptance of Office

1150 Board Officers

President

Vice-President

Secretary

Treasurer

Duties of Trustees

1152 Election of Officers and Length of Term

1155 Removal of a Board Officer from Office

1160 New Member Orientation

1162 Board Member Development Opportunities (Cf. 1168)

Board Certification

1167 Compensation

1168 Reimbursement for Expenses

1170 Board Position Vacancies

Process

1175 Vacancies in Office

1180 Board Advisory Committees

Advisory Committees

Meeting Structure

TC-1000-2

1185 Board-Superintendent Relations

1191 Attorney

1250 Board Remembrances

1260 Board Recognitions

Board Member Recognition

Staff Recognitions

Staff Retirements

1300 Meetings

Organizational

SN The organizational meeting of the Board, usually once a year, when the Board elects its officers.

Regular

Special Meetings

Emergency Meetings

Information/Work/Study Sessions

1320 Agenda

1330 Rules of Order

Re-Opening an Issue

Quorum

1350 Voting Method

1355 Conflict of Interest

Nepotism

1360 Minutes

1370 Public Participation

Handling of Complaints (Cf. 9450)

1410 Closed Sessions

1510 Bylaw and Policy Development and Review System

Draft Writer

Attorney Involvement

Staff Involvement

1550 Bylaw and Policy Adoption

SN The official action of the Board that makes new and/or revised policy statements operable.

Policy Dissemination

1570 Review of Administrative Regulations

1575 Administration in Absence of Policy

1580 Suspension of Bylaws and Policies

1600 Board Records

1650 Board Memberships

Liaison with School Board Association

TC-1000-3

1700 Board Member Ethics and Responsibilities

SN An information category since ethics are determined by a group and not imposed upon it.

Board Member Responsibilities

1730 Board Legislative Program

Legislative Representative

Purpose

Recommended Legislation

Legislative Presentations

1750 Board Self-Assessment/Evaluation

BOARD BYLAWS

Introduction and Information

The Board shall establish programs and procedures which shall best produce the educational achievement needed by District’s students and to do so within the financial limitations of the District. The Board will function as a legislative body in formulating and adopting policy, by selecting an executive officer to implement policy and by evaluating the results. Further, the Board shall carry out its functions openly, while seeking the involvement and contributions of the public, students and staff in its decision-making processes.

In accordance with these principles, the Board, through its operations, shall seek to achieve the following goals:

1. To function in a non-partisan, broadly representative manner and to emphasize that every Board member should represent open-mindedly the entire District;

2. To concentrate the Board’s collective effort on its policy making and planning responsibilities, and to formulate Board policies that best serve the educational interests of each student;

3. To provide the Superintendent with sufficient and adequate guidelines for implementing Board policies;

4. To maintain effective communication with the school community, the staff, and students; and

5. To conduct Board business openly, soliciting and encouraging broad-based involvement in the Board’s decision-making processes by public, students, and staff.

Nominating Petition

Candidates for election shall file nominating petitions with the Board Secretary or Superintendent’s office.

BOARD BYLAWS 2

Introduction and Information

Registration of Voters

The District shall be organized as a registration District. Election inspectors, at an annual or special election, shall not permit a person residing in the District to vote whose name is not registered in the township or city in which the person resides.

Special Elections

Special elections shall be called by the Board at such time and place as it shall designate and for such purposes as determined by the Board and in compliance with current law.

Advice of Legal Counsel

The Board shall seek the advice of legal counsel concerning the proper procedure for conducting school elections.

Voting Precincts

Voting precincts shall be as designated by the Board.

Election Inspectors

Election inspectors shall be appointed by the Board upon recommendation of the Superintendent. Members of the Board may serve on the Board of election inspectors unless they are a candidate at that election or unless the question of the issuance of bonds is submitted at the election.

1005 District Authority 1005

The Board recognizes that many of the subject topics found in this policy manual may be subject to negotiations under the Michigan Public Employment Relations Act. It is not the intent of the Board to, in any way, circumvent the negotiations process; but rather to establish direction and general and long-range operational procedures for the care and custody, establishment, maintenance, management and carrying on of the public schools and property of the District as authorized under current law.

Whenever the word “Superintendent” or “Principal” appears in these policies and rules, the words “or designated representative” shall be assumed to follow. The delegation of authority of administrative actions does not relieve the Superintendent of the responsibility of the actions of such designated representatives.

Approved: February 13, 2002

LEGAL REF: MCL 380.11a

1010 District Legal Status 1010

The legal basis for the Kalkaska Public Schools is vested in the will of the people as expressed in the Michigan Constitution, the statutes pertaining to education, various court interpretations and the powers implied by the above.

The official name of the school District shall be Kalkaska Public Schools, Kalkaska County, and the District shall operate as a general powers school District.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 380.11a; 380.601 et seq.

1015 District Mission Statement 1015

The Kalkaska Public School District, in cooperative partnership with students, staff, family and community, believes all students can learn. We will provide a caring environment that promotes academic achievement and social responsibility. This partnership will help all students develop their maximum potential, and adapt and contribute to a changing world.

Approved: February 13, 2002

Reviewed:

1020 Bylaws 1020

The exercise by the Board of its powers granted by statute, the conduct of its affairs, and the rights and powers of its members, Directors, and officers shall be governed by these bylaws, in accord with the laws of the State of Michigan and the regulations of the Michigan Department of Education.

Approved: February 13, 2002

Reviewed:

1030 Membership 1030

The Board is composed of seven members serving four-year terms, and elected at an election held on the second Monday in June or appointed by the Board to fill a vacancy.

Term of Office

The term of office of a Board member shall begin on July 1^st following his/her election, or immediately upon Board appointment. The term of a Board member shall end on June 30^th of the year his/her term expires.

Approved: February 13, 2002

Reviewed:

1032 Powers and Duties 1032

The Board shall act as a legislative body and shall appraise the work and programs of the District.

The Board shall observe and enforce the rules and regulations of the Michigan Department of Education affecting the operation and maintenance of a general powers school District.

Functions of the Board

The Board considers its most important legal functions fall into the following categories:

1. Legislative or Policy Making - The Board is responsible for the development of bylaws and policy, and for the employment of a Superintendent who shall carry out the Board’s policies through the development and implementation of regulations.

2. Educational Planning and Appraisal - The Board is responsible for acquiring and requiring reliable information from responsible sources which shall enable it to make the best possible decisions about the scope and nature of the educational program. The Board is responsible for requiring appraisals of the results of the educational program.

3. Staffing and Appraisal - The Board is responsible for employing a Superintendent of schools and the staff necessary for carrying out the instructional program, for establishing salaries and salary schedules and other terms and conditions of employment, and for establishing personnel policies District-wide in application.

The Board is responsible for appraising the effectiveness of its staff by providing for their regular evaluation.

4. Financial Resources - The Board is responsible for adopting a budget that will provide the financial basis for buildings, staff, materials and equipment which will enable the District to carry out the educational program. The Board is responsible

1032 Powers and Duties 1032-2

for exercising control over the finances of the District to assure proper use of and accounting for all District funds.

5. School Facilities - The Board is responsible for determining school-housing needs, for communicating these needs to the community, for purchasing and disposing of properties, and for approving building plans that will support and enhance the educational program.

6. Communication With Public - The Board is responsible for providing adequate and direct means for keeping the local citizenry informed about the schools and for keeping itself informed about the wishes of the public.

7. Judicial - The Board is responsible for acting as a court of appeal for school staff members, students and the public when issues involve Board policies and their fair implementation.

The Board may exercise the above legal powers and duties only when convened in a legally constituted meeting.

Approved: February 13, 2002

Reviewed:

LEGAL REF: Michigan Constitution, Article 8; MCL 380. 11 et seq., 380.1261, General Powers School Districts

1035 Board Membership - Student Representation 1035

Student representation on the Board is authorized in order to facilitate effective communication and to help promote sound education in accordance with the following guidelines:

1. One high school student may be elected to serve in an advisory capacity to the Board;

2. The representative shall be chosen by the students of the high school in a manner developed cooperatively by the building Principal and the student council;

3. The student representative shall be chosen in the spring and will serve for a one-year term beginning on July 1; and

4. The student representative shall have the right to sit with the Board at all regular and special meetings, but shall not be permitted to attend closed sessions or sessions from which the general public is excluded unless specifically authorized by the Board. He/she shall not be permitted to vote or introduce or support motions, but may otherwise participate in the discussions as any other Board member.

The Board shall retain full authority over student representation on the Board.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 380.11a

1040 District Goals and Objectives 1040

The Board shall annually review and/or establish a set of long-range goals and objectives to guide the operations of the District. All personnel in the District shall direct their efforts toward achieving the goals and objectives of the Board in order to ensure that students are able to function effectively in their environment, employment, and continuing educational efforts.

The Board shall participate in long-range planning through an annual meeting with the Superintendent and senior staff to review progress on the implementation of priorities, initiatives, and long-range plans, to determine which goals have been achieved, whether any new efforts are needed, and to review major issues that may affect the future of the District. The Board also shall consider and act upon objectives and major activities proposed by the Superintendent to achieve long-range goals.

The Superintendent shall develop necessary procedures, forms, or other measures to implement the goals of this policy using simple, logical, and collegial processes.

The Superintendent shall provide opportunities for interested patrons to become knowledgeable about the District long-range planning process, and to review and to make recommendations concerning specific District long-range plans.

The Superintendent shall give the Board periodic reports each year on the progress and success of various plans, and shall ensure that similar progress reports are available to the news media and to District patrons.

Approved: February 13, 2002

Reviewed:

1100 Elections 1100

Chief Election Officer

The Board Secretary or designated person (See section 1150) shall serve as the chief election officer of the District. As a matter of practice, the Board will act annually to deputize a member of the administrative staff to supervise elections.

The duties shall include the posting and publishing of all official notices relative to the election, providing and issuing absentee ballots as provided by law, arranging for official ballots and/or use of voting machines, giving direction to the election inspectors, and the general supervision of the election.

Approved: February 13, 2002

Reviewed:

1115 Acceptance of Office 1115

The Board Secretary shall notify each member-elect of his/her election within five days after the election.

Prior to assuming membership on the Board and within ten days of notification of election, each newly-elected Board member shall file an acceptance of office as well as an affidavit of eligibility and shall take the oath of office as prescribed by law.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 600.1440; 4.121

1150 Board Officers 1150

The officers of the Board shall be President, Vice-President, Secretary, and Treasurer, and such assistant Secretaries and assistant Treasurers as the Board determines. The President and Vice-President shall be Board members. The Secretary, Treasurer, and assistant Secretaries and Treasurers need not be Board members.

President (Chairperson) - Duties

The President shall:

· Preside at all meetings of the Board and call special meetings;

· Make committee appointments;

· Serve on the county election scheduling Board;

· Countersign orders legally drawn by the Secretary upon the Treasurer for money to be disbursed on behalf of the District;

· Cause an action to be prosecuted in the name of the District on the Treasurer’s bond in the case of a breach of a condition of the bond;

· Perform other duties appropriate to the duties of the office of President (Chairperson) in the management of the District.

Vice President (Vice Chairperson) - Duties

· Preside at Board meetings when the President is unable to attend;

· Perform other duties appropriate to the duties of the office of Vice-President;

· Succeed to the office of President when a vacancy in that office occurs.

Secretary - Duties

· Be the chief election officer of the District and may delegate this duty to other members of the District’s staff;

· Act as clerk at meetings of the Board;

· Record and sign the minutes of meetings, orders, resolutions, and other proceedings of the Board in proper record books;

· Prepare reports as required by the state Board;

1150 Board Officers 1150-2

· Draw and sign orders upon the District Treasurer for money to be disbursed by the District. Each order shall be properly numbered and dated, shall specify the sources of the funds called for, the purpose for which, and the fund upon which the order is drawn;

· Perform other duties required by law and by the Board.

Treasurer - Duties

· Have care and custody of all monies of the District;

· Keep proper books of account;

· Keep an account of interest received from invested school funds, and credit interest received to the appropriate fund accounts;

· Pay out funds for the purposes specified by law, or, in the case of gifts or donations for the purposes for which the money is given or donated, on proper orders signed by the Secretary and countersigned by the Board President;

· Perform other duties the Board may prescribe in its bylaws relating to the administration of District funds;

· Deposit funds of the District with a bank or banking corporation or trust company designated by the Board in the proportion and manner directed by the Board;

· Pay orders of the Secretary when lawfully drawn and countersigned by the President out of the money belonging to the fund upon which the orders are drawn;

· Cause a record book to be kept in which money received and disbursed shall be entered, the sources from which money is received, and the person to whom and the objects for which money is paid;

· Present the Board at the close of the school year a written report containing a statement of money received during the year and of each disbursement made;

· Perform other duties required by law or by the Board.

1150 Board Officers 1150-3

Duties of Trustees

· Administer oaths;

· Have care and custody of all school property.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 380.11a

1152 Election of Officers and Length of Term 1152

Election of Board officers shall occur at the annual organizational meeting of the Board held within the first 10 days of July.

The length of term for the Board officer positions shall be one year from the Board’s organizational meeting to the following Board organizational meeting.

In the event the Board President is unable to chair the Board’s organizational meeting, the Vice-President shall sit in place of the President until a new President is elected.

In the event a ranking Board officer is unable to chair the Board’s organizational meeting, the Board shall elect a chairperson pro tem to chair the organizational meeting until a President is elected.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 380.11a

1155 Removal of a Board Officer from Office 1155

The Board may remove a member from a Board officer position and shall elect another Board member to the office.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 380.11a

1160 New Member Orientation 1160

Newly elected members of the Board shall be invited to attend all meetings of the Board prior to the time they officially take office. Newly elected and newly appointed Board members shall be encouraged to attend workshops for new Board members sponsored by the Michigan Association of School Boards.

Present members of the Board and the Superintendent shall conduct an appropriate orientation program designed to acquaint new Board members with the District, Board policy, duties, responsibilities and other activities.

Newly elected Board members shall receive copies of all agenda, reports and other communications normally received by regular Board members except information or material of a confidential nature.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 380.11a

1162 Board Member Development Opportunities (Cf. 1168) 1162

The Board recognizes the need for continuing in-service training and education and encourages the participation of all members at these specific categories of activities as a part of their official duties: conferences, workshops, in-service programs, and conventions, at the local, regional, state and national levels. A Board member’s actual and necessary expenses shall be paid for or reimbursed when the member attends any of these activities.

In situations where a Board member holds a state or national office in a school Board association, or has been asked or appointed to serve a school Board association at the state or national level, the Board shall budget for the additional expenses as agreed to prior to the beginning of each fiscal year.

The Superintendent and Board Secretary are responsible for authorizing requests for attendance of Board members at approved meetings if the requests come within budgeted appropriations and limitations.

The Superintendent and Board Secretary shall consult with the Board President in situations where funds may not be available for a specific activity or when a determination is necessary as to who shall attend a given activity when more requests are received than can be honored. The President and Superintendent may bring recommendations to the Board on such matters for final determination.

Board Certification

The Board encourages each Board member to become certified through the Michigan Association of School Boards Board Member Award Program during the first two years in office.

Expense reimbursement shall be in accord with policy bylaws and procedures on Board reimbursement.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 380.11a; 380.1254; 388. 1764b

1167 Compensation 1167

Members of the Board shall be paid $25.00 for each regular and each special Board meeting. Board members will be reimbursed a per diem of $10.00 a day, or a proportionate amount for part of a day for the following:

· Attending standing committee meetings;

· Attending special committee meetings;

· Attending negotiation committee meetings;

· Attending any other function approved by the Board.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 380.11a; 691.1409

1168 Reimbursement for Expenses 1168

Board members shall be reimbursed for actual and necessary expenses incurred as a result of attendance at Board-approved workshops, seminars, conferences, or conventions.

To receive reimbursement for an expense listed in this policy, an expense voucher, together with supporting receipts or other evidence of actual expenses, shall be submitted to the District business office for processing. Payment will be made after the Board approves the reimbursement.

Expenses for spouses accompanying Board members are not reimbursable.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 388.1764b

1170 Board Position Vacancies 1170

Board member vacancies shall be filled within 20 days from the effective date of a resignation or other event (except a vacancy occurring by recall election), which causes a vacancy to exist. The vacancy shall be filled with a legally qualified person who is appointed by a majority vote of the remaining members of the Board at a regular or special meeting of the Board.

Persons appointed to fill a vacancy shall file acceptance of the office, including an affidavit of eligibility, with the Secretary of the Board, and shall take the oath of office prescribed by law. The appointee shall hold office until the next annual school election.

If a majority of the positions are vacant at the same time, the remaining members shall immediately call a special election to fill the vacancies.

Resignations are effective without acceptance or approval by the Board.

Process

When a vacancy on the Board occurs, the following procedures shall be used by the Board in filling the vacancy:

(a) The Board President, through public announcements in the news media, shall make known the vacancy has occurred and those persons interested in being considered for appointment should notify the Secretary of the Board by the deadline established by the Board;

(b) The Board shall establish the criteria to be applied in making the appointment;

(c) Any qualified elector may submit an application to the Board for consideration. A resume of qualifications, including details concerning community service activities, shall be attached to the application. The contents of the application shall be reviewed and considered in an open meeting, unless a candidate specifically requests that the application remain confidential;

1170 Board Position Vacancies 1170-2

(d) The full Board shall screen applications to determine which candidate should be further considered for appointment. Screening by the full Board shall be done in public session;

(e) Those candidates screened for further consideration shall be interviewed by the Board in public session;

(f) The Board, by roll call vote of a majority of those elected and serving, shall determine which candidate shall be appointed to fill the vacancy.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 380.1102-1104; 15.261-15.275 (Michigan Open Meetings Act); AG Opinion #5262, #6124

1175 Vacancies in Office 1175

In the event of a vacancy in the office of President, the Vice-President shall become President.

In the event of a vacancy in any other office, the Board shall fill the vacancy by election within 30 days.

Approved: February 13, 2002

Reviewed:

1180 Board Advisory Committees 1180

The Board may establish such standing, ad hoc and advisory committees as it deems necessary. The type and function of each committee shall be dictated by the needs of the District for the special services of such committee. The President shall appoint all members of all advisory committees. Each committee shall organize itself with assistance from the Superintendent. The Superintendent shall be an ex-officio member of all Board committees and shall provide appropriate District material to each committee.

No committees of the Board or individual Board member shall be authorized to perform the functions of the Board.

A line of communication shall be established between each committee and the Superintendent and the Board.

Each committee shall report to the Superintendent and/or the Board as the Board may require by regulation or by procedure.

The Board may dissolve any committee at any time.

Advisory Committees

Advisory committees established by the Board shall: generally have three members of the Board appointed to the committee; have a task specifically defined by the Board; have designated time-lines for reporting to the Board; have no power or authority to act on behalf of the Board unless specifically authorized by the Board; hold hearings only upon approval of the Board; and limit activities and considerations to policy matters and recommendations. All reports submitted to the Board shall contain the date; committee name; members present at committee meetings; and results or recommendations.

In appointing members of advisory committees, the President shall consider the recommendation of the Superintendent and other members of the administrative staff, as well as the recommendations of individual Board members. As soon as an advisory committee has been appointed, the chair of the committee shall call a meeting of the

1180 Board Advisory Committees 1180-2

committee for the purpose of organizing. At said meeting, the chair shall inform the committee of the area of its jurisdiction and the matters the Board wishes the committee to consider in making its recommendations to the Board. The committee shall meet as frequently as it deems necessary to accomplish the mission assigned to it by the Board. It shall be the responsibility of the chair to report to the Board on the progress and activities of the committee.

At the request of the committee or on the initiative of the Superintendent, the Superintendent shall assign such school personnel to assist the committee in its study as the situation warrants. The Superintendent shall exercise his/her discretion in providing such personnel.

At the request of the committee or at the discretion of the Superintendent, the Superintendent shall make available to the committee such material as the situation warrants and as may be available at reasonable times and at a reasonable cost.

At the request of the committee or upon the initiative of the Board, limited financial assistance may be given to the committee. The Board may request committees to submit budget requests to the Board for approval.

As directed by the Board or upon the initiative of the committee, the committee shall make reports to the Board. The Board shall be furnished with the minutes of each meeting of the committee within ten days following each such meeting. All minutes of said committee will be filed with the Secretary of the Board. Each committee shall submit a report of its activities and accomplishments to the Board at least once every three months.

Whenever, in the opinion of the Board, there is no longer any need for an advisory committee created by the Board, the President shall dissolve such committee. Each member of the committee shall be notified of the President’s action. No committee shall exist longer than one year unless re-appointed by the Board.

1180 Board Advisory Committees 1180-3

Meeting Structure

The following is a recommended order of business which should be followed by each Board appointed or authorized committee:

1. Call to order;

2. Call the roll (sometimes omitted);

3. Present the minutes of the previous meeting (most often sent in advance); 4. State the purpose for holding the meeting;

5. State briefly the program for the meeting;

6. Discuss and resolve agenda items as they appear;

7. Consider new business;

8. Adjourn the meeting.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 380.11a; 15.263; AG Opinion #5183, #5183A, #5286

1185 Board-Superintendent Relations 1185

The Board, in all phases of District operations, will endeavor to work through the Superintendent, who shall direct District employees in regard to such operations unless mutually agreed upon between the Board and the Superintendent. The Board shall extend to the Superintendent responsibility for implementing Board policy decisions.

Approved: February 13, 2002

Reviewed:

LEGAL REF: MCL 380.11a

1191 Attorney 1191

The Board shall appoint an attorney to advise and represent the District. The appointment will be for one year on a fee basis, with reappointment subject to a vote of the Board.

The duties of the attorney or legal firm shall be as follows:

1. Upon request of the Board President or Superintendent, attend the meetings of the Board and act as counselor;

2. Render a written opinion on a legal question when requested by the Board;

3. Prepare or supervise the preparation of all legal papers and documents which shall be executed by the Board officers; or shall approve same before execution thereof by the officers;

4. Provide such opinions or other legal information to the Superintendent which may be necessary for the immediate or long-range conduct of the District;

5. Represent the District as specifically designated by the Board in litigation to which the District may be a party or in which it is interested;

6. Shall, upon request, represent the Board in the purchase or sale of any real estate;

7. Attend to and act on any matters the Board refers to him/her for supervision, adjustment, and/or disposal;

8. Prepare all questions to be placed upon the ballot for regular or special elections;

9. Periodically provide progress reports to the Board on legal matters referred;

10. Perform such other services as requested by the Board.

Compensation for duties and services shall be agreed to by the attorney and the Board in the retention agreement which shall set forth the annual retainer and supplemental charges.

The President or Superintendent is authorized to contact the attorney on legal matters concerning the District.

1191 Attorney 1191-2

The Board’s legal counsel shal