Section B
SECTION B: SCHOOL BOARD GOVERNANCE AND OPERATIONS
BA Board Operation Goals
BAA* Priority Objectives of Board Operations
BB School Board Legal Status
BBA School Board Powers and Duties
BBAA Board Member Authority
BBAA-R Board Member Authority
BBB School Board Elections
BBBA Board Member Qualifications
BBBB Board Member Oath of Office
BBBB-E Board Member Oath of Office
BBC* Board Member Resignation
BBD* Board Member Removal from Office
BBE Unexpired Term Fulfillment
BBF Board Member Code of Ethics
BBF-R Board Member Code of Ethics
BBFA Board Member Conflict of Interest
BC* Organization of the Board
BCA Board Organizational Meeting
BCB Board Officers
BCC Qualifications and Duties of the Treasurer
BCCA Incapacity of the Treasurer
BCCA-R Incapacity of the Treasurer
BCCB Evaluation of the Treasurer (Also AFBA)
BCCC* Board Treasurer Salary Schedule
BCD Board-Superintendent Relationship (Also CBI)
BCE Board Committees
BCF Advisory Committees to the Board
BCFA Business Advisory Council to the Board
BCG School Board Attorney
BCH Consultants to the Board
BCI* Board Staff Assistants
BCJ* Special Information
BD School Board Meetings
BDA* Regular Board Meetings
BDB* Special Board Meetings
BDC Executive Sessions
BDD* Board Meeting Procedures
BDDA Notification of Meetings
BDDB* Agenda Format
BDDC Agenda Preparation and Dissemination
BDDD* Quorum
BDDE* Rules of Order
BDDEA* Parliamentarian
BDDEB* Suspension of Rules of Order
BDDF Voting Method
BDDF-R Voting Method (5-Member Board)
BDDG Minutes
BDDH Public Participation at Board Meetings (Also KD)
BDDH-E Public Participation Form
BDDI* News Media Services at Board Meetings (Also KBCC)
BDDJ Broadcasting and Taping of Board Meetings (Also KBCC)
BDDK* Reporting Board Meeting Business
BDE* Special Procedures for Conducting Hearings
BE* School Board Work Sessions and Retreats
BF Board Policy Development and Adoption
BF-R Board Policy Development and Adoption
BFA* Policy Development System
BFB* Preliminary Development of Policies
BFC Policy Adoption
BFCA Board Review of Regulations (Also CHB)
BFD Policy Dissemination
BFE Administration in Policy Absence (Also CHD)
BFF Suspension of Policies
BFG Policy Review and Evaluation
BFGA Policy Manual Accuracy Check
BG Board-Staff Communications (Also GBD)
BH* Board Member Services
BHA New Board Member Orientation
BHB* Board Member Development Opportunities
BHBA School Board Conferences, Conventions and Workshops
BHC* Board Office Facilities and Services
BHD Board Member Compensation and Expenses
BHE* Board Member Insurance
BI School Board Legislative Program
BJ* School Board Memberships
BJA* Liaison with School Board Associations
BK Evaluation of School Board Operational Procedures (Also AFA)
BK-E Evaluation of School Board Operational Procedures (Also AFA-E)
*These topics are not currently covered by Board policy.
File: BA
The primary responsibility of the Board is to establish purposes, programs and procedures which produce the educational achievement needed by District students. The Board must accomplish this while also being responsible for wise management of resources available to the District. The Board must fulfill these responsibilities by functioning primarily as a legislative body to formulate and adopt policy, by selecting an executive officer to implement policy and by evaluating the results; further, it must 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 seeks to achieve the following goals to:
1. concentrate the Board’s collective effort on its policy-making and planning
responsibilities;
2. formulate Board policies which best serve the educational interests of each
student;
3. provide the Superintendent with sufficient and adequate guidelines for
implementing Board policies;
4. maintain effective communication with the school community, the staff and the
students in order to maintain awareness of attitudes, opinions, desires and
ideas;
5. allow those responsible for carrying out objectives to contribute to their
information;
6. conduct Board business openly, soliciting and encouraging broad-based
involvement in the decision-making process by the public, students and staff
and
7. periodically review its performance relative to the goals.
[Adoption date: October 21, 2004]
LEGAL REF.: ORC 3313.20
File: BB
The General Assembly has delegated responsibility for the conduct of public schools in each school district to a local board of education. Boards are political subdivisions of the state of Ohio and members of a board are officials elected by the citizens of a district to represent them in the management of the public schools.
Legally, a board is a body politic and corporate, capable of suing and being sued; contracting and being contracted with; acquiring, holding, possessing and disposing of real and personal property; and taking and holding in trust for use of the District any grant or gift of land, money or other personal property.
The Board of the Miamisburg City School District is composed of five members elected by the citizens of the District. A regular term is four years.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3311.19
3313.01; 3313.02; 3313.09; 3313.17; 3313.20; 3313.33; 3313.47
CROSS REFS.: AA, School District Legal Status
BBA, School Board Powers and Duties
BBB, School Board Elections
File: BBA
SCHOOL BOARD POWERS AND DUTIES
Under the laws of the state of Ohio, the Board acts as the governing body of the public schools. Within the extent of its legal powers, the Board has responsibilities for operating the District in accordance with the desires of local citizens who elect its members.
The Board’s major responsibilities are to:
1. select and employ a Superintendent;
2. select and employ a Treasurer;
3. determine and approve the annual budget and appropriations;
4. provide needed facilities;
5. provide for the funds necessary to finance the operation of the District;
6. consider and approve or reject the recommendations of the Superintendent in
all matters of policy, appointment or dismissal of employees, salary schedules,
courses of study, selection of textbooks and other matters pertaining to the
operation of the District;
7. require reports of the Superintendent concerning the conditions, efficiency and
needs of the District;
8. evaluate the effectiveness with which the District is achieving the educational
purposes of the Board;
9. inform the public about the progress and needs of the District and to solicit and
weigh public opinion as it affects the District and
10. adopt policies for its governance and the governance of its employees and the
students of the District.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3313.17; 3313.18; 3313.20; 3313.22; 3313.37; 3313.375;
3313.39; 3313.47; 3313.94
3315.07
3319.01
5705.01(A); 5705.03; 5705.28
File: BBAA
BOARD MEMBER AUTHORITY
(And Duties)
Because all powers of the Board lie in its action as a group, individual members exercise their authority over District affairs only as they vote to take action at a legal meeting of the Board.
An individual Board member acts on behalf of the Board only when, by vote, the Board has delegated authority to him/her.
It is the duty of the individual members of the Board to attend all legally called meetings of the Board, except for compelling reasons to the contrary, to participate in normal Board business operations and represent all citizens’ interests in matters affecting education.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 121.22
3313.18; 3313.33
CROSS REF.: BBA, School Board Powers and Duties
File: BBAA-R
BOARD MEMBER AUTHORITY
(And Duties)
A good Board member:
1. is legally a Board member only when the Board is in session. No one person,
unless authorized, should speak on behalf of the Board;
2. avoids administrative decisions or attempts to second-guess the
administration. The Superintendent is the chief administrator and the Board
has no administrative function;
3. is well-acquainted with school policies;
4. should vote at all times in the best interest of the students of the District;
5. is flexible and realizes there are times when changes must be made, when
tradition cannot be honored and when pressure must be ignored;
6. remembers that Board business at times requires confidentiality, especially in
processes involving personnel, land acquisition, negotiations and the need for
security;
7. is interested in obtaining facts, but remembers also that the administration has
the responsibility for operating the schools rather than spending full time making
reports to the Board or individual Board members;
8. is a good listener at Board meetings, on the street corner, in the church, but
never commits himself/herself, the Board or the administration;
9. knows that the reputation of the entire District is reflected in his/her behavior
and attitude;
10. has a sense of humor and the ability to laugh at himself/herself when things
look bleak;
11. is able to sift fact from fiction, to sort out rumors from realism and to know the
difference. A gullible Board member is ineffective and
12. is able to support a decision when it is made.
SOURCE: Boardmanship: A Handbook for School Board Members. Published by Ohio Department of Education and Ohio School Boards Association, 1984 edition.
File: BBB
Members of the Board are elected at large by the qualified voters of the District on a nonpartisan ballot on the first Tuesday following the first Monday in November in odd-numbered years.
Each Board member is elected to a four-year term of office which begins on the first day of January after the election. Terms expire on December 31, except as otherwise provided by law. In a four-year period, terms are staggered so that two members are elected in one-half of the four-year period, and three elected in the other half.
Candidates for election are nominated by petition. In city school districts in which the population is at least 20,000 but less than 50,000, the petition must be signed by 75 qualified electors of the district.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3.01
3311.052
3313.02; 3313.04; 3313.05; 3313.07; 3313.08; 3313.09; 3313.11
3501.01; 3501.02; 3501.38
3503.01; 3503.02
3505.04
3513.254; 3513.255
File: BBBA
Under State law, a board member must be an elector residing in the District. To qualify as an elector, a person must be a citizen of the United States, 18 years of age or older, a resident of the state for at least 30 days prior to the election and a resident of the county and precinct in which he/she offers to vote for at least 30 days prior to the election.
A variety of other public positions, elected and appointed, have been determined by the General Assembly or the courts to be incompatible with board membership. Generally, offices are considered incompatible when one is subordinate to, or in any way provides a check upon the other or when it is physically impossible for one person to discharge the duties of both positions.
Before taking office, each person elected or appointed to the Board is required by law to take an oath of office.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3313.10; 3313.13; 3313.70
3503.01
CROSS REF.: BBFA, Board Member Conflict of Interest
File: BBBB
Before entering upon the duties of his/her office, each person elected or appointed a member of the Board takes an oath to support the Constitution of the United States and the state of Ohio and that he/she will perform faithfully the duties of his/her office. Such oath may be administered by the Treasurer or any member of the Board.
[Adoption date: October 21, 2004]
LEGAL REF.: ORC 3313.10
CROSS REF.: BBBA, Board Member Qualifications
File: BBBB-E
BOARD MEMBER OATH OF OFFICE
State of Ohio
Montgomery County
I,_________________________ affirm that I will support the Constitution of the
name
United States, and the Constitution of the State of Ohio, and that I will perform faithfully the duties of my office as Member of the board of education of the Miamisburg City School District.
____________________________________________________
Affirmed before me and signed in my presence, this __________ day of _________.
date
____________________________
Signature
[Seal] Amy S. Twarek
CFO/Treasurer
Miamisburg City Schools
File: BBE
A vacancy on the Board may be caused by:
1. death;
2. nonresidence;
3. resignation;
4. failure of a person elected or appointed to qualify within 10 days after the
organization of the Board or of his/her appointment or election;
5. relocation beyond District boundaries or
6. absence from Board meetings for a period of 90 days, if the reasons for the
absence are declared insufficient by a two-thirds vote of the remaining Board
members. (The vote must be taken not earlier than 30 days after the 90-day
period of absence.)
Any such vacancy will be filled by the Board at its next regular or special meeting not earlier than 10 days nor later than 30 days after the vacancy occurs. A majority vote of all the remaining members of the Board is required to fill the vacancy.
Each person selected to fill a vacancy holds office:
1. until the completion of the unexpired term or
2. until the first day of January immediately following the next regular Board
election taking place more than 90 days after a person is selected to fill the
vacancy.
(At that election, a special election to fill the vacancy is held. No such special
election is held if the unexpired term ends on or before the first day of January
immediately following that regular Board election. The term of a person elected
in this manner begins on the first day of January following the election and is for
the remainder of the unexpired term.)
The shorter of the above options determines the length of office.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3.01; 3.02
3313.11; 3313.85
File: BBF
The Board believes public education should be conducted in an ethical manner. In addition to State law, the conduct of Board members should conform to the code of ethics recommended by the Ohio School Boards Association which includes the following.
It is unethical for a board member to:
1. seek special privileges for personal gain;
2. personally assume unauthorized authority;
3. criticize employees publicly;
4. disclose confidential information;
5. place the interest of one group or community above the interest of the entire
District;
6. withhold facts from the Superintendent, particularly about the incompetency of
an employee or
7. announce future action before the proposition has been discussed by the
Board.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 102.03; 102.04
2921.01(B); 2921.42; 2921.43; 2921.44
3313.13
3319.21
CROSS REF.: BBFA, Board Member Conflict of Interest
File: BBF-R
BOARD MEMBER CODE OF ETHICS
While serving as a member of my Board of Education, I accept the responsibility to improve public education. To that end I will:
remember that my first and greatest concern must be the educational welfare of all
students attending the public schools;
obey the laws of Ohio and the United States;
respect the confidentiality of privileged information;
recognize that as an individual Board member I have no authority to speak or act for
the Board;
work with other members to establish effective Board policies;
delegate authority for the administration of the schools to the Superintendent and
staff;
encourage ongoing communications among Board members, the Board, students,
staff and the community;
render all decisions based on the available facts and my independent judgment
rather than succumbing to the influence of individuals or special interest groups;
make efforts to attend all Board meetings;
become informed concerning the issues to be considered at each meeting;
improve my boardmanship by studying educational issues and by participating in
in-service programs;
support the employment of staff members based on qualifications and not as a
result of influence;
cooperate with other Board members and administrators to establish a system of
regular and impartial evaluations of all staff;
avoid conflicts of interest or the appearance thereof;
refrain from using my Board position for benefit of myself, family members or
business associates and
express my personal opinions, but, once the Board has acted, accept the will of the
majority.
NOTE: This code of ethics has been adopted by the Ohio School Boards
Association Delegate Assembly.
File: BBFA
BOARD MEMBER CONFLICT OF INTEREST
The Board and individual members follow the letter and spirit of the law regarding conflicts of interest.
A Board member will not have any direct or indirect pecuniary interest in a contract with the District; will not furnish for remuneration any labor, equipment or supplies to the District; nor be employed by the Board in any capacity for compensation.
A Board member may have a private interest in a contract with the Board if all of the following apply:
1. the subject of the public contract is necessary supplies or services for the
District;
2. the supplies or services are unobtainable elsewhere for the same or lower cost,
or are being furnished to the District as part of a continuing course of dealing
established prior to the Board member’s becoming associated with the school
District;
3. the treatment accorded the District is either preferential to or the same as that
accorded other customers or clients in similar transactions and
4. the entire transaction is conducted at arm’s length, with full knowledge by the
Board of the interest of the Board member, member of his/her family, or his/her
business associate, and the Board member takes no part in the deliberations
or decision with respect to the public contract.
The law specifically forbids:
1. the prosecuting attorney or a city attorney from serving on a board;
2. a member from serving as the school dentist, physician or nurse;
3. a member from being employed for compensation by a board;
4. a member from having, directly or indirectly, any pecuniary interest in any
contract with a board;
5. a member from voting on a contract with a person as a teacher or instructor if
he/she is related to that person as father, mother, brother or sister;
6. a member from authorizing, or employing the authority or influence of his/her
office to secure authorization of, any public contract in which he/she, a member
of his/her family or his/her business associates have an interest;
7. a member from having an interest in the profits or benefits of a public contract
entered into by, or for the use of, the District and
1 of 2
File: BBFA
8. a member from occupying any position of profit during his/her term of office or
within one year thereafter in the prosecution of a public contract authorized by
him/her or a board of which he/she was a member at the time of authorization of
that contract.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 102.03
2921.02(B); 2921.42; 2921.43
3313.13; 3313.33; 3313.70
3319.21
4117.20
CROSS REFS.: BBBA, Board Member Qualifications
BBF, Board Member Code of Ethics
2 of 2
File: BCA
In compliance with law, the Board meets within the first 15 days of January of each year for the purpose of electing a president and vice president from among its membership and taking action on other matters of annual business. The Treasurer canvasses the new Board prior to December 31 of each year to establish the date of the organizational meeting. The Board appoints a president pro tempore from its membership.
Meeting Procedures
1. The President Pro Tempore calls the meeting to order.
2. The official swearing in or administration of the oath of office to the new
members should follow. If the oath has already been taken, it should be stated
for the record where and when this oath was taken. If the oath has not been
previously taken, the Treasurer, any member of the Board or any person
qualified to administer an oath may do so.
3. The President Pro Tempore then presides over the election of the President.
4. The newly elected President assumes the chair.
5. The Board proceeds with items of annual business such as:
A. setting the dates and times of regular Board meetings;
B. appointing of legal counsel for the ensuing calendar year;
C. electing a Treasurer in those years when the Treasurer’s term has expired
and establishment of salary;
D. purchasing liability insurance for Board members;
E. appointing a legislative liaison;
F. adopting a budget for the new fiscal year (before January 15);
G. securing performance bonds for the Superintendent and Treasurer and
H. establishing a Board service fund.
6. Upon conclusion of annual business, the Board enters into such regular or
special business as appears on the agenda for the meeting.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3313.10; 3313.14; 3313.15; 3313.203; 3313.22; 3313.25; 3313.87
CROSS REFS.: BCB, Board Officers
BHD, Board Member Compensation and Expenses
File: BCB
President
The President presides at all meetings of the Board and performs other duties as directed by law, state regulations and policies of the Board. In carrying out these responsibilities, the President:
1. is responsible for the orderly conduct of all Board meetings;
2. calls special meetings of the Board as necessary;
3. appoints Board committees, is an ex officio member of all Board committees
with the power to vote and is knowledgeable as to the business of the various
committees and generally oversees their work;
4. signs all proceedings of the Board after they have been approved;
5. signs all other instruments, acts and orders necessary to carry out State
requirements and the will of the Board and
6. performs such other duties as may be necessary to carry out the
responsibilities of the office.
The President has the right, as do other Board members, to offer resolutions, to make and second motions, to discuss questions and to vote.
Vice President
In the absence of the President, the Vice President performs the duties and has the responsibilities and commensurate authority of the President.
The Vice President performs such other duties as may be delegated or assigned to him/her by the Board.
President Pro Tempore
A president pro tempore may be elected by a majority of the Board to serve in such capacity when the President and Vice President are absent or unable to perform their duties.
The President Pro Tempore does not have power to sign any legal documents and vacates the chair when the President or Vice President arrives at the meeting.
[Adoption date: October 21, 2004]
LEGAL REF.: ORC 3313.14
CROSS REF.: BCA, Board Organizational Meeting
File: BCC
QUALIFICATIONS AND DUTIES OF THE TREASURER
Title: Treasurer
Department: Administration
Reports to: Miamisburg Board of Education
Job Objective: Serve as the Miamisburg Board of Education's chief fiscal officer.
Direct and manage all financial accounting programs and systems.
Administer the District's financial affairs to provide the highest quality
of educational services with the resources available. Comply with the
statutory responsibilities cited in the Ohio Revised Code. Carry out
the regulations of the Auditor of State, Ohio Department of
Education, Secretary of State, Board of Tax Appeals, Montgomery
County Auditor and other state, local and federal agencies. Comply
with all policies of the Board. Work cooperatively with the
Superintendent. Act as a "quasi-officer" of the Board. Serve as
secretary, recording and maintaining minutes of meetings and
providing other administrative services the Board requires.
FLSA Status: Exempt
Minimum Qualifications:
1. a bachelor’s degree from an accredited college or university with training in
accounting, finance, business or closely related field
2. a valid state of Ohio treasurer's certificate
3. meet current requirements of the Ohio Department of Education
4. meet all current health requirements including a negative tuberculosis test
5. evidence of a clear record as determined by the Bureau of Criminal
Identification and Investigation (BCII)
6. aptitude for and proficiency in computerized accounting procedures and the
compilation of statistical data
7. bondable
8. reside in the District within negotiated time frame
Essential Functions:
1. furnish a Board-approved bond payable to the state of Ohio for the elected term
and file a certified copy of the bond with the county auditor
2. responsible for the receipt, safekeeping and distribution of all District funds,
establish controls and maintain an encumbrance accounting system to record in
detail all of the District's financial transactions and work cooperatively with
auditors.
1 of 4
File: BCC
3. responsible for the accuracy of all fiscal related data processing, accounting
activities, revenue projections and financial reports, preparing and submitting a
monthly financial accounting of District funds, and/or other reports as requested
by the Board and evaluating methods to improve reports to enhance
communication of financial data to Board members and school administrators
4. maintain computerized fixed asset inventory system
5. maintain a complete and systematic set of financial records and maintain and
ensure the safe retention of records for the maximum period specified by State
law and Board policy
6. deposit all funds received in financial institutions designated by the Board
7. manage and actively monitor approved investment methods to achieve the
most favorable financial return on District funds and ensure the safekeeping of
investments and securities
8. plan and manage cash flow, review borrowing needs and administer debt
programs as required
9. supervise fiscal control on budgetary and student activity programs
10. certify all requisitions, authorize purchase orders, receive invoices, processes
payments, document and maintain all transactions using an appropriate filing
system
11. assist Superintendent and management teams with budget development and
long-range planning
12. analyze and prepare financial statements and prepare budget status reports for
appropriate District staff
13. prepare a complete itemized report of the District's finances at the close of each
fiscal year
14. collect all pertinent fiscal data and work with the Superintendent and
administrative staff to prepare the tax budget and annual appropriations
measure
15. keep the Board and Superintendent informed about current activities, the
District's financial status and emerging needs and recommend administrative,
procedural or other modifications that will enhance program effectiveness
16. serve as the District's spokesperson on financial matters and provide financial
information to the public when requested
17. coordinate fiscal matters for all local, state, and federally funded projects
18. provide financial reports to the non-public schools
19. attend all scheduled Board meetings. Record, maintain and distribute minutes
of each Board meeting. When bids are required, open, read and enter all bids
into the minutes. Attest the President's signature after Board approval of the
minutes. Maintain an appropriate filing system to document all Board activities
20. responsible for Board correspondence and communications and act as agent
for the Board in the signing of personnel and other authorized contracts
21. Responsible for the preparation and distribution of agenda to Board members
prior to each Board meeting
22. prepare payrolls and authorized deductions, prepare and maintain all earnings
and deduction records and prepare and certify reports for authorized local, state
and federal agencies
23. serve as consultant to the Board's negotiating team, prepare cost estimates
and assist with administering the Treasurer's responsibilities, as needed
24. maintain all required records for state audits in accurate and presentable form:
minutes, accounting and payroll records, inventories, etc.
2 of 4
File: BCC
25. certify the availability of all funds as required by Ohio Revised Code 5705.41
and 5705.412
26. review and certify official reports to the State Department of Education as
required
27. work with Superintendent in preparing prospectus for bond sales
28. notify board of elections of changes in District boundaries
29. accept summons served on the Board
30. participate as an active member of the Education Leadership Council
31. participate in professional growth activities (e.g., professional associations,
course work, workshops, seminars, etc.)
32. serve as a role model for students, demonstrating responsibility, citizenship,
respect and courtesy.
33. perform other specific job-related duties as directed
Abilities Required:
1. travel freely between and throughout the District's buildings
2. communicate effectively using language and writing skills
3. facilitate the exchange of ideas leading to a group consensus
4. identify and express education and management issues to the Board, District
administrators and the public
5. react productively to frequent interruptions and changing conditions
6. accurately discern detail in written, statistical and tabular materials
7. analyze data and present alternative actions
8. develop, monitor and revise budgets
9. set priorities and organize and complete duties efficiently without supervision
10. maintain a tactful disposition in dealing with administrators, staff, students,
parents and the public
Supervisory Responsibility: supervises and evaluates all personnel assigned to the
Treasurer's office
Working Conditions:
1. occasional exposure to blood, body fluids and tissue
2. occasional interaction with agitated or upset parents/public
3. occasional interaction with disruptive or unruly children
4. occasional exposure to student commotion
5. occasional operation of a vehicle during inclement weather
6. work under stress to meet schedules and deadlines
7. work cooperatively with others
8. considerable paperwork is required
9. evening and/or weekend hours often required
[Adoption date: October 21, 2004]
3 of 4
File: BCC
LEGAL REFS.: ORC 131.18
3301.074
3311.19
3313.14; 3313.15; 3313.22; 3313.24; 3313.26-3313.261; 3313.27;
3313.34; 3313.51
5705.41; 5705.412; 5705.42; 5705.45
CROSS REFS.: BCCA, Incapacity of the Treasurer
BCCB, Evaluation of the Treasurer (Also AFBA)
BDDG, Minutes
DFA, Revenues from Investments
DH, Bonded Employees and Officers
4 of 4
File: BCCA
Should the Treasurer become incapacitated, the Board will appoint a treasurer pro tempore. The appointment is made by a majority vote of the Board after the conditions relating to incapacity of the Treasurer are met in accordance with State law and the Family and Medical Leave Act.
The Treasurer Pro Tempore shall perform all the duties and functions of the Treasurer and may be removed at any time by a two-thirds majority vote of the members of the Board or upon return to full-time active service of the Treasurer.
The Treasurer Pro Tempore shall meet the licensing requirements established by the State Board of Education. The Treasurer Pro Tempore may not be a member of the Board.
[Adoption date: October 21, 2004]
LEGAL REFS.: Family and Medical Leave Act; 29 USC 2601 et seq.
ORC 3313.23; 3313.24
CROSS REFS.: BCC, Qualifications and Duties of the Treasurer
BCCB, Evaluation of the Treasurer (Also AFBA)
File: BCCA-R
INCAPACITY OF THE TREASURER
A treasurer pro tempore shall be appointed by a majority of the members of the Board upon determining that the Treasurer is incapacitated in such a manner that he/she is unable to perform the duties of that office. Such incapacity is determined:
1. by request of the Treasurer, if the Treasurer is absent with pay by reason of
personal illness, injury or exposure to contagious disease which could be
communicated to others or is absent without pay in accordance with the Family
and Medical Leave Act;
2. upon certification of the attending physician that the Treasurer is unable to
perform the duties of the office of Treasurer;
3. upon the determination of a referee, pursuant to the Ohio Revised Code, that
the Treasurer is unable to perform the duties of the office of Treasurer;
4. upon the granting of a leave of absence, without pay, requested by the
Treasurer by reason of illness, injury or other disability of the Treasurer or
5. upon the placing of the Treasurer on an unrequested leave of absence, without
pay, by reason of illness or other disability pursuant to the Ohio Revised Code.
During the period of incapacity, the Treasurer shall:
1. at his/her request, be placed on sick leave with pay, not to exceed the extent of
his/her accumulated but unused sick leave and any advancement of such sick
leave which may be authorized by Board policy;
2. at his/her request, or without such request, pursuant to the Family and Medical
Leave Act, be placed on unpaid FMLA leave for up to 12 weeks per year or
3. at his/her request, or without such request, pursuant to the Ohio Revised Code,
be placed on a leave of absence without pay.
The leave provided during the period of incapacity (described above) shall not extend beyond the contract or term of office of the Treasurer.
The Treasurer shall, upon request to the Board, be returned to active-duty status, unless the Board denies the request within 10 days of receipt of the request. The Board may require the Treasurer to establish to its satisfaction that the Treasurer is capable of resuming such duties and, further, that the duties may be resumed on a full-time basis.
The Board may demand that the Treasurer return to active service; upon the determination that the Treasurer is able to resume his/her duties, the Treasurer shall return to active service.
The Treasurer may request a hearing before the Board on actions as indicated above taken under this policy and shall have the same rights in such hearing as are granted under ORC 3319.16.
1 of 2
File: BCCA-R
The Treasurer Pro Tempore shall perform all of the duties and functions of the Treasurer and may be removed at any time by a two-thirds majority vote of the members of the Board.
The Board shall fix the compensation of the Treasurer Pro Tempore in accordance with the Ohio Revised Code and he/she shall serve until the Treasurer’s incapacity is removed or until the expiration of the Treasurer’s contract or term of office, whichever is earlier.
(Approval date: October 21, 2004)
2 of 2
File: BCCB (Also AFBA)
The Board evaluates the performance of the Treasurer in order to assist both the Board and the Treasurer in the proper discharge of their responsibilities and to enable the Board to provide the District with the best possible leadership.
The objectives of the Board’s evaluation are to:
1. promote professional excellence and improve the skills of the Treasurer;
2. improve the quality of District business practices and
3. provide a basis for the review of the Treasurer’s performance.
Criteria for the evaluation of the Treasurer are based upon the Treasurer’s job description and relate directly to each of the tasks described. The job description and any revisions thereto are developed in consultation with the Treasurer and Superintendent and adopted by the Board.
The evaluation of the Treasurer’s abilities and performance is written and made available to and discussed with the Treasurer in conference. The Board must consider the evaluation of the Treasurer in acting to renew or nonrenew his/her contract.
Evaluation criteria are reviewed as necessary or as requested by the Treasurer, but not less frequently than annually. Any proposed revision of the evaluation criteria shall be provided to the Treasurer for his/her comments before its adoption.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 121.22
3301.074
3313.22
OAC Chapter 3301-5
CROSS REFS.: BCC, Qualifications and Duties of the Treasurer
BCCA, Incapacity of the Treasurer
File: BCD (Also CBI)
BOARD-SUPERINTENDENT RELATIONSHIP
The enactment of policies, consistent with long-term goals, is the most important function of a board and the execution of the policies should be the function of the Superintendent and staff.
Delegation by the Board of its executive powers to the Superintendent provides freedom for the Superintendent to manage the District within the Board’s policies and frees the Board to devote its time to policy-making and appraisal functions.
The Board holds the Superintendent responsible for the administration of its policies, the execution of Board decisions, the operation of the internal machinery designed to serve the District program and keeping the Board informed about District operations and problems.
The Board strives to procure the best professional leader available as its Superintendent. The Board, as a whole and as individual members:
1. gives the Superintendent full administrative authority for properly discharging
his/her professional duties, holding him/her responsible for acceptable results;
2. acts in matters of employment or dismissal of personnel after receiving the
recommendations of the Superintendent;
3. refers all complaints to the Superintendent for appropriate investigation and
action;
4. strives to provide adequate safeguards for the Superintendent and other staff
members so that they can discharge their duties on a thoroughly professional
basis and
5. presents personal criticisms of any employee directly to the Superintendent.
[Adoption date: October 21, 2004]
CROSS REFS.: BDC, Executive Sessions
CBC, Superintendent’s Contract
File: BCE
The Board may authorize the establishment of committees from among its membership as it finds such action necessary to study operations in specific areas and to make recommendations for Board action.
The following guidelines may govern the appointment and function of Board committees.
1. The committee is established through action of the Board.
2. The chairperson and members are named by the Board President.
3. The committee may make recommendations for Board action but may not act
for the Board unless specifically authorized.
4. The Board President and Superintendent are ex officio members of all
committees.
5. No committee appointments extend beyond the ensuing annual organizational
meeting, at which time the newly elected President has the privilege of making
new appointments or re-appointments. A committee may be dissolved at any
time by a majority vote.
6. The Sunshine Law and its exceptions apply to Board meetings and Board-
appointed committee and subcommittee meetings.
[Adoption date: October 21, 2004]
LEGAL REFS: ORC 121.22
3313.18
CROSS REFS.: ABA, Community Involvement in Decision Making (Also KC)
ABB, Staff involvement in Decision Making (Also GBB)
BCB, Board Officers
BCF, Advisory Committees to the Board
BCFA, Board Member Conflict of Interest
BDC, Executive Sessions
BDDG, Minutes
File: BCF
ADVISORY COMMITTEES TO THE BOARD
The Board may appoint ad hoc advisory committees to provide consultation services for determining the needs and expectations of the District and its residents. The central purpose of all advisory committees is to contribute to the educational program by conducting studies, identifying problems and developing recommendations that enhance the effectiveness of the decision-making process.
Specific topics for study or activity are assigned in writing to each committee immediately following its appointment. Committees are instructed as to the length of time each member is being asked to serve, the services the Board wishes rendered, the resources the Board intends to provide and the approximate date on which the Board expects to dissolve the committee.
Each committee serves in an advisory capacity only, proposing recommendations based on analysis of a problem, and exists only as long as is necessary to conduct the study and report to the Board.
The Board gives careful consideration to all recommendations, although final action and responsibility remain with the Board. The Superintendent or his/her designee informs members of the committee of the Board’s action.
Upon completing its assignment, each committee is either dissolved promptly or given a new task. Committees are not allowed to continue for prolonged periods without definite assignments. The Board has sole power to dissolve any of its advisory committees and reserves the right to exercise this power at any time during the life of any committee, after seeking the advice of the Superintendent.
All appointments to advisory committees are made by the Superintendent with the approval of the Board.
The Sunshine Law and its exceptions apply to Board meetings and Board-appointed committee and subcommittee meetings, including meetings of advisory committees to the Board.
[Adoption date: October 21, 2004]
LEGAL REF: ORC 121.22
CROSS REFS.: ABA, Community Involvement in Decision Making (Also KC)
ABB, Staff Involvement in Decision Making (Also GBB)
BCB, Board Officers
BCE, Board Committees
BCFA, Business Advisory Council to the Board
BDC, Executive Sessions
FD, Tax Issues (Also KBE)
FL, Retirement of Facilities
File: BCFA
BUSINESS ADVISORY COUNCIL TO THE BOARD
The Board may appoint a Business Advisory Council whose membership and organization shall be determined by the Board.
This council advises and provides recommendations to the Board on matters specified by the Board, including, but not necessarily limited to, the delineation of employment skills, the development of curriculum to instill these skills, changes in the economy and in the job market and the types of employment in which future jobs are most likely to be available. This council also makes suggestions for developing a working relationship among businesses, labor organizations and educational personnel in the District. Meetings of the Business Advisory Council to the Board fall under the auspices of the Sunshine Law.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 121.22
3313.174
CROSS REFS.: BCE, Board Committees
BCF, Advisory Committees to the Board
File: BCG
The Board may employ legal counsel in addition to the City Solicitor/City Law Director and pay for legal services from District funds.
The counsel advises the Board and its officials on legal matters.
In engaging legal counsel, the Board may require submission of a written proposal which can be incorporated into a contract or purchase order if it satisfies the wishes of the Board. Proposals could detail:
1. specific objectives to be accomplished by the counsel;
2. a list of specific tasks to be performed;
3. procedures to be used in carrying out the tasks;
4. target dates for the completion of tasks;
5. methods to be used to report results to the Board and/or to deliver any product
or render any service to the Board and
6. a fee agreement clearly specifying all fees for legal services and termination
rights.
The Board will establish procedures necessary to effect an efficient working relationship between the counsel and the Board and/or staff members.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 309.10
3313.35
3319.33
CROSS REF.: Staff Handbooks
File: BCH
In order to pursue its educational mission and also to protect the public’s financial investment in the schools, the Board may, from time to time, engage the services of qualified professional consultants to provide new insights and ideas for dealing with especially difficult problems and/or to provide special services which the present staff is unable to provide. The kinds of assistance sought from consultants may include, but are not necessarily limited to: conducting fact-finding studies, surveys and research; providing counsel or services requiring special expertise and assisting the Board in developing policy and program recommendations.
Before engaging any consultant, the Board may require submission of a written proposal which can be incorporated into a contract or purchase order if it satisfies the wishes of the Board. Proposals may detail:
1. specific objectives to be accomplished by the consultant;
2. specific tasks to be performed;
3. procedures to be used in carrying out the tasks;
4. target dates for the completion of tasks;
5. methods to be used to report results to the Board and/or to deliver products or
render any service to the Board and/or
6. fees or rate of pay the Board will be charged.
The Board will establish procedures necessary to effect an efficient working relationship between the consultant and the Board and/or staff members.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3313.171
3315.061
CROSS REF.: FL, Retirement of Facilities
File: BD
The Board transacts all business at official meetings of the Board. These may be either regular or special meetings. At the organizational meeting, the Board shall fix the time for holding its regular meetings, which shall be held at least once every two months. Special meetings are called between the regularly scheduled meetings to consider specific topics.
All regular and special Board meetings and Board-appointed committee meetings are open to the public. All Board meetings are publicized and conducted in compliance with the Open Meetings Act. No action may be taken by the Board in executive session.
A member of the Board may participate in a Board meeting by means of a telephone or video conference or by any means of communication by which all persons participating in the meeting are able to communicate with one another. A member of the Board who participates in this manner may not vote at the meeting and will not be counted for purposes of determining whether a quorum is present.
[Adoption date: October 21, 2004]
[Revised date: January 17, 2013]
LEGAL REFS.: ORC 121.22 (B), 121.22 (C)
3313.14;3313.15; 3313.16
CROSS REFS.: BCA, Board Organizational Meeting
BCE, Board Committees
BDC, Executive Sessions
BDDA, Notification of Meetings
BDDF, Voting Method
BDDH, Public Participation at Board Meetings (Also KD)
BDDJ, Broadcasting and Taping of Board Meetings (Also KBCD)
File: BDC
Educational matters should be discussed and decisions made at public meetings of the Board (in accordance with the rationale for the creation of public governing bodies). Some matters are more properly discussed by the Board in executive session. As permitted by law, such matters may involve:
1. the appointment, employment, dismissal, discipline, promotion, demotion or
compensation of an employee, official or student or the investigation of charges
or complaints against such individual, unless an employee, official or student
requests a public hearing (the Board will not hold an executive session for the
discipline of one of its members for conduct related to the performance of
his/her official duties or for his/her removal from office);
2. the purchase of property for public purposes or for the sale of property at
competitive bidding, if premature disclosure of information would give an unfair
advantage to a person whose personal, private interest is adverse to the
general public interest;
3. specialized details of security arrangements where disclosure of the matters
discussed might reveal information that could be used for the purpose of
committing, or avoiding prosecution for, a violation of the law;
4. matters required to be kept confidential by Federal law or state statutes;
5. preparing for, conducting or reviewing negotiations with public employees
concerning their compensation or other terms and conditions of their
employment or
6. in-person conferences with an attorney for the Board concerning disputes
involving the Board that are the subject of pending or imminent court action.
Conferences with a member of the office of the State Auditor or an appointed certified public accountant for the purpose of an audit are not considered meetings subject to the Sunshine Law.
The Board meets in executive session only to discuss legally authorized matters. Executive sessions are held only as part of a regular or special meeting and only after a majority of the “quorum” determines, by a roll-call vote, to hold such a session.
When the Board holds an executive session for any of the reasons stated above, the motion and vote to hold the executive session shall state one or more of the purposes listed under such paragraph for which the executive session is to be held, but need not include the name of any person to be considered in the executive session. The minutes shall reflect the information described above.
In compliance with law, no official action may be taken in executive session. To take final action on any matter discussed, the Board reconvenes into public session.
The Board may invite staff members or others to attend executive sessions at its discretion.
1 of 2
File: BDC
Board members shall not disclose or use, without appropriate authorization, any information acquired in the course of official duties (which is confidential because of statutory provisions) or which has been clearly designated as confidential because of the status of proceedings or the circumstances under which the information was received.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 102.03
121.22
CROSS REFS.: BD, School Board Meetings
KBA, Public’s Right to Know
KLD, Public Complaints About District Personnel
2 of 2
File: BDDA
Due notice of all meetings of the Board and Board-appointed committees is given to the press and the public who have requested notification and to all Board members.
Organizational Meetings: Notice of organizational meetings, including any special or regular meeting following the organizational meeting, is given in the same manner as notice for regular and special meetings of the Board (see below).
Regular Meetings: A notice of the time and place of regularly scheduled meetings is given to the media who have requested notification and to those individuals requesting advance personal notice.
Special Meetings: A special meeting may be called by the President, the Treasurer or any two members of the Board by serving written notice of the time and place of the meeting upon each Board member at least two days before the date of the meeting. The notice must be signed by the officer or members calling the meeting. Notice by mail is authorized. Notice of the time, place and purpose must also be given at least 24 hours in advance of the meeting to all news media and individuals who have requested such notice.
Emergency Meetings: In the event of any emergency, the media is notified immediately of the time, place and purpose of the meeting.
Personal Notice of Meetings: Any person who wishes to receive advance personal notice of regular or special meetings of the Board may receive the advance notice by requesting that the Treasurer include his/her name on a mailing list and by providing the Treasurer with a supply of stamped, self-addressed envelopes.
Cancellation: Occasionally, regular or special meetings of the Board must be canceled. Meetings can be canceled for any reason. When a meeting is to be canceled, the Treasurer notifies Board members and all media and individuals who have requested notification of such meetings. Notice of cancellation is also prominently posted at the meeting site. This notice includes the new date of a rescheduled meeting, if possible.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 121.22
3313.15; 3313.16
CROSS REFS.: BCE, Board Committees
BD, School Board Meetings
BDDC, Agenda Preparation and Dissemination
File: BDDC
AGENDA PREPARATION AND DISSEMINATION
The Superintendent, in consultation with the Board President, arranges the order of items on meeting agendas so that the Board can accomplish its business as expeditiously as possible. The particular order may vary from meeting to meeting in keeping with the business at hand.
Items of business may be suggested by a Board member, staff member or citizen of the District. The agenda may allow suitable time for remarks by the public who wish to speak briefly before the Board.
The Board follows the order of business established by the agenda, except as it may vote to re-arrange the order for the convenience of visitors or other individuals appearing before the Board or to expedite Board business. An item of business which is not on the agenda may be discussed and acted upon if a majority of the Board agrees to consider the item. The Board, however, should not revise Board policies, or adopt new ones, unless such action has been scheduled.
The agenda, together with supporting materials, is distributed to Board members at least 48 hours prior to the Board meeting to permit them to give items of business careful consideration. The agenda is also made available to the press, representatives of the community, staff groups and others upon request.
[Adoption date: October 21, 2004]
CROSS REFS.: BDDA, Notification of Meetings
BDDH, Public Participation at Board Meetings (Also KD)
File: BDDF
All votes taken by the Board are recorded in the official proceedings of the meeting.
To comply fully with State law, roll-call votes are made on resolutions pertaining to:
1. any action on which a Board member requests a roll-call vote and
2. re-employment of a teacher against the Superintendent’s recommendation.
The following actions require a roll-call vote and an affirmative vote by a majority of the full membership of the Board for passage:
1. purchase or sale of real or personal property;
2. employment of any school employee;
3. election or appointment of an officer;
4. payment of any debt or claim and
5. adoption of any textbook.
For passage, most other actions require an affirmative vote by a majority of those present and voting. Board members must be physically present at the meeting in order to vote.
All votes which require a specific majority are in the exhibit which follows.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC Chapter 133
3313.11; 3313.18; 3313.22; 3313.23; 3313.66(E)
3319.01; 3319.07; 3319.11
3329.08
5705.14; 5705.16; 5705.21
File: BDDF-R
VOTING METHOD
(5-Member Board)
ITEM # NEEDED REFERENCE
ORC
Declare it necessary to issue bonds 3 (a) 133.18
133.01(U)
Declare, by remaining members, that 3 (e) 3313.11
reasons for a member's absence for 90
days are insufficient to continue
membership
Fill a vacant Board seat (majority of 3 (f) 3313.11
remaining members)
Purchase or sell real estate 3 (a) 3313.18
Appoint any employee 3 (a) 3313.18
Elect or appoint an officer 3 (a) 3313.18
Pay any debt or claim 3 (a) 3313.18
Adopt textbook 3 (a) 3313.18
Dispense with resolution authorizing 3 (a) 3313.18
purchase or sale of personal property,
appointment of employees, etc., if annual
appropriation resolution has been adopted
by a majority of full membership
Remove the Treasurer at any time for 4 (b) 3313.22
cause
Appoint Treasurer Pro Tempore 3 (a) 3313.23
Determine that Treasurer’s incapacity 3 (a) 3313.23
is removed
Remove Treasurer Pro Tempore at 4 (b) 3313.23
any time for cause
1 of 3
File: BDDF-R
Affirm, reverse, vacate or modify an order 3 (a) 3313.66 (E)
of student expulsion; reinstate a student
Employ or re-employ a local 4 (c) 3319.01
superintendent without the
recommendation of the County
Superintendent
Appoint Superintendent Pro Tempore 3 (a) 3319.011
Remove Superintendent Pro Tempore 4 (b) 3319.011
at any time for cause
Suspend or remove Business Manager 4 (b) 3319.06
Re-employ any teacher who the 4 (c) 3319.07
Superintendent refuses to recommend
for re-employment
Re-employ, in a local school district, a 3 (a) 3319.07
person not nominated by the County
Superintendent after considering two
nominations by the County Superintendent
Reject the recommendation of the 4 (c) 3319.11
Superintendent that a teacher eligible
for continuing contract be granted a
continuing contract
Determine, at a regular meeting, which 3 (a) 3329.08
textbooks shall be used in the schools
under its control
(No textbooks shall be changed, nor any 4 (d) 3329.08
part thereof altered or revised, nor any
other textbook substituted therefore,
within four years after the date of selection
and adoption thereof, as shown by the
official records of such Board, except by the
consent, at a regular meeting, of four-fifths of
all members elected thereto.) Act to approve
substitute textbooks as authorized by law
Transfer funds in certain cases 4 (b) 5705.14
2 of 3
File: BDDF-R
Declare the necessity for certain transfers 3 (a) 5705.16
of funds
Levy a tax outside 10-mill limitation 4 (b) 5705.21
(not emergency)
Reject findings and recommendations 3 (g) 4117.14(C)(6)
of fact-finding panel by Board or employee
organization under statutory impasse
resolution procedure
Waiver of textbook and material fund 5 (h) 3315.17(D)(2)
transfer restriction*
KEY
(a) Majority of full membership
(b) 2/3 of full membership
(c) 3/4 of full membership
(d) 4/5 of full membership
(e) 2/3 of remaining members of the Board
(f) Majority of remaining members of the Board
(g) 3/5 of full membership
(h) Unanimous vote of full membership
SOURCE: Business Administration for Public Schools
Published by the Ohio School Boards Association
*The number used is based upon the number of members on the Board.
3 of 3
File: BDDG
The minutes of the meetings of the Board constitute the written record of Board actions. The Treasurer records in the minutes of each meeting all actions taken by the Board. Minutes need reflect only the general subject matter of discussion in executive sessions.
Minutes shall specify the nature of the meeting (regular or special); time, place and members present; approval of minutes of the preceding meeting or meetings; complete record of official actions taken by the Board relative to the Superintendent’s recommendations, communications and all business transacted; items of significant information bearing on action; and a record of adjournment.
The Treasurer shall include the motion, the name of the member making the motion and the name of the member seconding the motion and record the vote of each member present.
A complete and accurate set of minutes shall be prepared and become a regular part of the monthly agenda. The Treasurer must make draft minutes available for public inspection. The minutes shall be signed by the President and attested to by the Treasurer, following approval of the minutes by the Board at the next meeting.
The official minutes shall be bound and kept in the office of the Treasurer, who shall, after they have been approved by the Board, make them available to interested citizens. Copies are made available at cost during normal office hours.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 121.22
149.43
3313.26
CROSS REFS.: BCE, Board Committees
BD, School Board Meetings
KBA, Public’s Right to Know
File: BDDH (Also KD)
PUBLIC PARTICIPATION AT BOARD MEETINGS
All regular and special meetings of the Board shall be open to the public. The presiding officer at the meeting shall recognize each speaker. All speakers shall clearly identify themselves and group affiliation prior to their presentation. Each speaker shall adhere to all rules of conduct and decorum established by the Board
The public is encouraged to refer school-related problems to appropriate school personnel rather than initiate these during Board meetings.
Comments and questions at regular meetings should address topics on the Board’s agenda. Comments at special meetings must be related to the call of the meeting.
Permission to appear before a meeting of the Board is subject to the following rules:
1. Unless granted permission by the Board, the time limit of presentation will not
Exceed five minutes per individual and unless the Board has specified an open
hearing for the purpose of citizen participation, no more than one-half hour shall
be devoted to public input at a regular or special meeting of the Board. Persons
desiring more time should follow the procedure of the Board to be place on the
regular agenda.
2. Participants must be recognized by the presiding officer and must preface their
Comments by an announcement of their name, address, and group affiliation, if
and when appropriate.
3. Subject matter, other than that of policy, will be referred to the administration for
Proper handling. All personnel complaints must follow Policy KLD (Public
Complaints Against School Personnel) and the ensuring regulations.
4. Subject matter must be limited to issues, without reference to personalities.
Personnel matters are not appropriate topics to be discussed at regular Board
meetings. Decorum requires that such matters be entertained in executive
session as arranged by the Board.
5. The Board requires that participants be residents or employees of the District or
the designee of such residents or employees. Any representative of a firm
eligible to bid on materials or services solicited by the Board is also entitled to
express an opinion.
6. The President of the Board may interrupt or terminate an individual’s statement
When it is too lengthy, personally directed, abusive, obscene or irrelevant. The
Board as a whole will have the final decision in determining the appropriateness
of all such rulings.
[Adoption date: May 19, 2005]
File: BDDH-E (Also KD-E)
MIAMISBURG CITY SCHOOLS
PUBLIC PARTICIPATION FORM
DATE ________________________________________
NAME _____________________________ PHONE NO. ____________________
ADDRESS_____________________________________________________________
Organization you represent:
“The public participation of the monthly public Board meeting is designed to allow
an individual or organization the opportunity to address concerns to the Board for
its consideration. If an action is required by the Board, an agenda item must be
submitted in writing to the Superintendent five days in advance of the meeting.
All items submitted will be reviewed by the Board, during the public participation
section, and assigned to the appropriate administrative Board level.
Due to employee privacy rights, public commentary directed at specific employees
is prohibited. Such comments may be heard in executive session and the specific
employee(s) may be present.
It is important to remember that Board meetings are open to the public but one
should not necessarily infer that they are public meetings in the sense that any and
all parties must be provided a forum to address special interests.”
TOPIC: Please Explain:
________________________________ ________________________________
________________________________ ________________________________
________________________________ ________________________________
________________________________ ________________________________
________________________________ ________________________________
________________________________ ________________________________
________________________________ ________________________________
[Adoption date: May 19, 2005]
File: BDDJ (Also KBCD)
BROADCASTING AND TAPING OF BOARD MEETINGS
Photographic and electronic audio and video broadcasting and recording devices may be used at regular and special Board meetings legally open to the public according to the following guidelines.
1. Photographing, broadcasting and recording meetings are permitted only when
all parties involved have been informed that cameras, broadcasting and/or
recording devices are being used.
2. Persons operating cameras, broadcasting and/or recording devices must do
so with a minimum of disruption to those present at the meeting. Specifically,
the view between Board members and the audience must not be obstructed,
interviews must not be conducted during the meeting and no commentary is to
be given in a manner that distracts Board members or the audience.
3. The Board has the right to halt any recording that interrupts or disturbs the
meeting.
The Board may make the necessary arrangements to make audio recordings of all regular meetings and any special meeting that it deems appropriate.
[Adoption date: October 21, 2004]
LEGAL REFS.: U.S. Const. Amend. I
ORC 121.22
2911.21
2917.12
2921.31
3313.20
File: BF
BOARD POLICY DEVELOPMENT AND ADOPTION
Formulation of Policies
Proposals regarding Board policies and operations may originate at any of several sources, including students, community residents, employees, Board members, the Superintendent, consultants or civic groups. A careful and orderly process shall be used when examining such policy proposals prior to any Board action.
The formulation and adoption of these written policies constitutes the basic method by which the Board exercises its leadership in the operation of the school District. The study and evaluation of reports concerning the execution of its written policies shall constitute the basic method by which the Board shall exercise its control over the District operations.
The formal adoption of policies is recorded in the minutes of a Board meeting. Only those written statements so adopted and recorded are regarded as official Board policy.
Final action on such proposals, whatever their source, is by the Board in accordance with this policy. The Board takes action on most matters on the basis of recommendations presented by the Superintendent. The Superintendent bases his/her recommendation upon the results of a study and upon the judgment of the staff and study committees.
Unless otherwise specified, a new policy or policy amendment is effective as of the date of adoption by the Board and supersedes all previous policies in that area. Unless otherwise specified, the repeal of a policy is effective as of the date the Board takes such action.
[Adoption date: October 21, 2004]
[Revised: August 18, 2005]
LEGAL REF.: ORC 3313.20
CROSS REFS.: AD, Development of Philosophy of Education
BFCA, Board Review of Regulations (also CHB)
BFD, Policy Dissemination
BFE, Administration in Policy Absence
BFF, Suspension of Policy
BFG, Policy Review and Evaluation
CH, Policy Implementation
File: BF-R
BOARD POLICY DEVELOPMENT AND ADOPTION
Formulation of Policies
1. Developing Policies
A. The Board, staff, community members and students may initiate policy action.
B. Policies are developed and/or modified by the Superintendent subsequent to
Board and administrative request or subject to changes in constitutional,
statutory and judicial law or Ohio Department of Education regulations.
2. Presentation of Policies to Board for Review and Adoption at Regular or
Special Board Meetings
A. The first draft of new policies or modification of existing policies, except for
those mandated by law, shall be presented to all District groups that might
be affected by the policies prior to being presented to the Board.
B. Policy proposals and proposals for amendments or modifications shall be
made available to the Board prior to adoption.
3. Dissemination of Policy Manuals
A. Policy manuals containing policies and administrative procedures shall be
made available to Board members, all administrators and to MCTA and
MASE Presidents.
B. The Director of Human Resources shall distribute new or revised policies
and procedures and shall update policy manuals in August of each year,
and update them prior to the opening of school.
C. Parents, students, staff and District citizens shall have access to Board
policy manuals located in the office of the building administrator for each
school. A copy shall also be available in the offices of the Superintendent
and Treasurer.
(Approval date: October 21, 2004)
File: BFC
The adoption of new policies or the changing or repealing of existing policies is solely the responsibility of the Board. Policies, including the Board's bylaws, will be adopted, amended or repealed only by the affirmative vote of a majority of the members of the entire Board. Such action is scheduled on the agenda of a regular or special meeting.
Unless otherwise specified, the new policy or policy amendment is effective upon the date of adoption by the Board and supersedes all previous policies in that area. Unless otherwise specified, the repeal of a policy is effective on the date the Board takes such action.
Proposals for a new policy or the amendment or repeal of an existing policy must first be submitted to the Director of Human Resources. The Superintendent gives final approval for items to be placed on a Board agenda.
[Adoption date: October 21, 2004]
File: BFCA (Also CHB)
State law requires the Board to make “rules and regulations” for the government of the District, its employees, students and all other persons entering the District’s grounds and premises.
Before issuance, Board regulations are properly titled and coded as appropriate to subject and in conformance with the codification system selected by the Board. Those officially approved by the Board are so marked. All others appearing in the manual are considered approved, provided that they are in accordance with the accompanying Board policy.
The Board reviews regulations developed by the administration to implement policy. The Board revises or nullifies such regulations only when they are inconsistent with policies adopted by the Board or when they are not in the best interest of the District.
[Adoption date: October 21, 2004]
[Revised: August 18, 2005]
LEGAL REFS.: ORC 3313.17; 3313.20; 3313.33; 3313.47
CROSS REFS.: CH, Policy Implementation
CHC, Regulations Dissemination
File: BFD
The Superintendent is directed to establish and maintain an orderly plan for preserving and making accessible the policies adopted by the Board and the regulations needed to put them into effect. Accessibility is to extend to all members of the school community. A policy concerning a particular group or groups in the District is distributed to those groups prior to the policy’s effective date.
Distributed policy manuals remain the property of the Board and are considered as “on loan” to anyone, or any organization in whose possession they might be at any time. Manuals are subject to recall at any time deemed necessary for purposes of updating.
The Board’s policy manual is considered a public record and is open for inspection in a location designated by the Board.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3313.20
OAC 3301-35-02(C)(2)
File: BFE (Also CHD)
ADMINISTRATION IN POLICY ABSENCE
In the absence of Board policy, the Superintendent may take temporary action that would be in accordance with the overall policy of the Board. The Superintendent is not free to act when the action involves a duty of the Board that by law cannot be delegated.
In each case, the Superintendent shall present the matter to the Board for its consideration at its next meeting.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3313.18; 3313.20
File: BFF
If the Board wishes to take action contrary to existing policy, it may suspend the policy for only one meeting at a time and in only one of the following ways:
1. upon a majority vote of the Board present and voting at a meeting in which the
proposed suspension has been described in writing or
2. upon a unanimous vote of members of the Board present and voting if no notice
has been given.
[Adoption date: October 21, 2004]
LEGAL REF.: ORC 3313.20
File: BFG
The Board reviews its policies on a continuing basis in an effort to keep its written policies current and consistent with community values and compliant with Federal and State law. Well-written, consistent and compliant policies may be used consistently as a basis for Board action and administrative decisions.
The Board evaluates how the policies have been executed by the school staff and weighs the results. It relies on the school staff, students and the community for providing evidence of the effect of the policies which it has adopted.
The Superintendent has the continuing responsibility of calling to the Board's attention all policies that are outdated or for other reasons appear to need revision. To accomplish this, the Superintendent may request input from any Board or advisory committee.
[Adoption date: October 21, 2004]
[Revised: August 18, 2005]
CROSS REF.: AD, Development of Philosophy of Education
File: BG (Also GBD)
The Board wishes to maintain open channels of communication with the staff. The basic line of communication is through the Superintendent. Staff members should utilize the Superintendent to communicate to the Board or its subcommittees.
Accordingly, all official communications, policies and directives of staff interest and concern are communicated to staff members through the Superintendent. The Superintendent develops appropriate methods to keep staff members informed of the Board’s issues, concerns and actions.
Board members must recognize that their presence in school buildings could be subject to a variety of interpretations by school employees. If a visit to a school or classroom is being made for other than general interest, Board members shall inform the Superintendent of such visit and make arrangements for visitations through the principals of the various schools. General interest visits are defined as informal expressions of interest in school affairs and not as inspections or visits for supervisory or administrative purposes. Board members will indicate to the principal the reason(s) for the visit. Official visits by Board members are carried out only under Board authorization.
[Adoption date: October 21, 2004]
LEGAL REF.: ORC 3313.20
CROSS REFS.: BDDH, Public Participation at Board Meetings (Also KD)
GBM, Staff Complaints and Grievances
KK, Visitors to the Schools
File: BHA
The Board shall provide an orientation program for its members-elect. The primary purpose of this program is to acquaint the members-elect with the procedures of the Board and the scope of its responsibilities and to assist them to become informed and active Board members.
The Board, Treasurer and the administrative staff assist each member-elect in understanding the Board’s functions, policies and procedures before the member-elect takes office.
The following techniques may be employed to orient new Board members.
1. Selected materials, Board policies, regulations and other helpful information
are furnished the member-elect by the Superintendent.
2. Immediately after the general election, the member-elect is invited by the Board
to attend Board meetings.
3. The Treasurer provides agendas and other materials pertinent to meetings and
explains the use of the materials.
4. The incoming member is invited to meet with the Superintendent and other
administrative personnel.
5. The Board makes an effort to send newly elected members to workshops and
in-service programs developed for new members.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3313.87; 3313.871
CROSS REFS.: BHBA, School Board Conferences, Conventions and Workshops
BHD, Board Member Compensation and Expenses
File: BHBA
SCHOOL BOARD CONFERENCES, CONVENTIONS AND WORKSHOPS
In keeping with the need for continuing in-service training and development for its members, the Board encourages the participation of all members at appropriate conferences, workshops and conventions. In order to control both the investment of time and funds necessary to implement this policy, the Board establishes these principles and procedures for its guidance.
1. The Board periodically decides which meetings appear to be most promising in
terms of producing direct and indirect benefits to the District. At least annually,
the Board will identify those new ideas or procedures and/or cost benefits
which can be derived from participation at such meetings.
2. Funds for participation at such meetings are appropriated on an annual basis in
the Board service fund. When funds are limited, the Board designates which of
its members participate in a given meeting.
3. Reimbursement to Board members for their travel expenses is in accordance
with the Board’s travel-expense policy.
4. When a conference, convention or workshop is not attended by the full Board,
those who do participate are requested to share information, recommendations
and materials acquired at the meeting.
Board members may receive compensation for attending Board-approved training programs. A Board member desiring to attend a training program should have the Board take action to approve each training program. Compensation amounts are determined by the length of the program. A program of three hours or less may be compensated at a rate of $60.00 per day. A program of more than three hours may be compensated at a rate of $125.00 per day.
[Adoption date: October 21, 2004]
LEGAL REF.: ORC 3315.15
CROSS REFS.: BHA, New Board Member Orientation
BHD, Board Member Compensation and Expenses
DLC, Expense Reimbursements
File: BHD
BOARD MEMBER COMPENSATION AND EXPENSES
As permitted by law, the Board votes prior to January 1 to set the rate of compensation for the newly elected or re-elected members of the Board. Compensation for Board members may not be changed during their terms of office. Changes in compensation for Board members must be made prior to the beginning of their respective terms.
Board members will receive the maximum amount permitted by law for all meetings.
Board Service Fund
A Board “service fund” is established to pay expenses actually incurred by Board members or members-elect in their official duties. The sum set aside will not exceed the maximum amount permitted by law. This fund is used at the Board’s discretion to provide for members’ participation in workshops and conferences, for new Board member orientation and development and for other expenses in connection with assigned duties as permitted by law, including those made for a public purpose as defined below.
Spending Guidelines: Definition of Public Purpose
The Board recognizes that expenditure of funds within the District must fall within the scope of serving a public purpose as defined by State law. It is the Board’s determination that the following expenditures are a necessary part of the effective function of the extracurricular and cocurricular programs concerned, once reviewed and approved by the Superintendent.
1. awards
2. recognition and incentive items for employees and/or volunteers
3. prizes/awards/programs for students through student activity funds
The purpose of this policy is to permit the Superintendent, at the discretion of the Board, to honor its employees and nonemployees with plaques, pins and other tokens of appreciation to include meals, refreshments or other amenities which further the interest of the District.
The Board affirms that the expenses incurred as listed above do serve public purposes which include the promotion of education by encouraging staff morale as well as support for the District’s educational program with citizens, members of the business community, advisory committee members and associated school districts. Expenditures are subject to approval by the Superintendent.
Travel Vendor Compensation
Any compensation paid by a private travel vendor to a District official or employee, after the official or employee has participated in selecting the vendor to provide a field trip, is considered “public money” and must be returned to the District.
All travel arrangements must be in compliance with District field trip regulations and approved by the Superintendent or his/her designee.
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File: BHD
[Adoption date: October 21, 2004]
LEGAL REFS.: Ohio Const. Art. II, Section 20
ORC 3311.19
3313.12
3315.15
CROSS REFS.: BCA, Board Organizational Meeting
DLC, Expense Reimbursements
GBI, Staff Gifts and Solicitations
JL, Student Gifts and Solicitation
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File: BI
SCHOOL BOARD LEGISLATIVE PROGRAM
The Board recognizes the importance of sound and constructive state legislation in establishing support for public education. It is therefore directly concerned with legislative proposals affecting education.
The Board’s legislative liaison member reports to the Board on state legislative proposals and communicates the Board’s positions and/or the Ohio School Boards Association’s positions to state representatives and senators.
The legislative liaison member also keeps the Board informed of pertinent federal legislative proposals and, when necessary, communicates the Board’s position to representatives and senators at the national level.
[Adoption date: October 21, 2004]
File: BK (Also AFA)
EVALUATION OF SCHOOL BOARD OPERATIONAL PROCEDURES
The Board plans and carries through a periodical appraisal of its functioning as a board. This appraisal considers the broad realm of relationships and activities inherent in Board responsibilities.
The appraisal process and instrument are determined by the Board. The following are areas of Board operations and relationships representative of those in which objectives may be set and progress appraised.
1. Board meetings
2. policy development
3. fiscal management
4. Board role in educational program development
5. Board member orientation
6. Board member development
7. Board officer performance
8. Board-Superintendent relationships
9. Board-Treasurer relationships
10. Board-staff relationships
11. Board-community relationships
12. legislative and governmental relationships
13. management team development and utilization
The Superintendent and others who regularly work with the Board are asked to participate in establishing objectives and reviewing progress.
[Adoption date: October 21, 2004]
CROSS REFS.: AF, Commitment to Accomplishment
BCB, Board Officers
BCD, Board-Superintendent Relationship (Also CBI)
BD, School Board Meetings
BF, Board Policy Development and Adoption
BHA, New Board Member Orientation
DA, Fiscal Management Goals
File: BK-E (Also AFA-E)
EVALUATION OF SCHOOL BOARD OPERATIONAL PROCEDURES
Boards of education expect a high level of performance from those who are employed to run the schools. School patrons and other taxpayers also expect a high level of performance from those who are elected to govern the schools.
Ultimately, the performance of an individual Board member is measured at election time. However, that is not enough. Each Board should set aside some time on a regular basis to compare individual assessments of how well the governing body is functioning. The instrument or scoring system is not important. What is important is for the Board to establish a plan to regularly analyze its method of operation. The results of evaluation should be used in setting goals for improved operations in the future.
SELF-EVALUATION INSTRUMENT
Board Meetings - Official action can be taken only when the Board is in session. Therefore, each meeting must be organized for maximum efficiency.
Adequate Inadequate The Board of Education:
________ _________ reads agenda and background materials well in advance of
meeting
________ _________ makes public feel welcome; provides agenda, minutes and
related materials
________ _________ assures that meeting time, place and facilities are
convenient for Board, staff and public
________ _________ does not present new issues of complex nature for
immediate action
________ _________ does not abuse privilege of tabling important issues
________ _________ demonstrates knowledge and use of good parliamentary
procedure
________ _________ makes distinction between Board's role and function of
administrators
________ _________ expects staff input and Superintendent's recommendation
on key issues
________ _________ ensures that a good public participation policy is in effect
________ _________ endeavors to make most productive use of meeting time
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File: BK-E (Also AFA-E)
Adequate Inadequate The Board of Education:
________ _________ conducts all meetings in accordance with the "Sunshine
Law"
________ _________ selects officers on basis of ability
Board-Community Relations - The schools belong to the people. As elected officials, Board members have the responsibility to be representative, to be responsive and to be effective as agents of change.
________ _________ actively seeks input from community in establishing goals
and objectives
________ _________ gives full support and cooperation to PTO and other
citizens
________ _________ establishes close working relationship with other units of
government
________ _________ is actively involved in state and federal education
legislation
________ _________ maintains effective two-way communication between
school officials and residents of the District
________ _________ ensures best possible relationship between District
officials and the media
________ _________ makes best use of facilities and resources in meeting
needs of community
________ _________ provides leadership in securing maximum community
support for a good educational program
________ _________ approves annual budget within resources that can be
certified in the "fiscal certificate"
________ _________ adopts policies which ensure sound management and
fiscal control
Board-Administrator Relations - A good Board-administrator relationship does not guarantee a successful educational program. It is doubtful, however, if a good program will exist in districts with poor Board-administrator relations.
________ _________ evaluates performance of Superintendent and Treasurer on
a regular basis
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File: BK-E (Also AFA-E)
Adequate Inadequate The Board of Education:
________ _________ assures that all other personnel are evaluated on a regular
basis by Superintendent and staff
________ _________ works and plans with administration in spirit of mutual trust
and confidence
________ _________ recognizes Superintendent as chief executive officer and
educational leader of the District
________ __________ provides administrators encouragement and opportunity
for professional growth
________ __________ avoids interference with duties which are the
responsibility ofadministrators
________ __________ solicits input from certificated staff in development of
Board policies
________ __________ addresses potential problems between Board and
administrators at earliest opportunity
________ __________ is willing to defend administrators from unjust and
unfounded criticism
________ __________ has explored the management team concept of operating
the schools
Board-Staff Relations - Good education depends on good teachers. It is incumbent on boards to seek maximum input from staff on educational issues while retaining the authority and responsibility for the operation of the schools.
________ __________ approves job descriptions for all approved positions
________ __________ adopts appropriate personnel policies in the areas of
employment evaluation, reduction in force and related
matters
________ __________ encourages professional growth through staff
development, in-service programs, visitations and
conferences
________ __________ refers complaints to appropriate person for discussion
________ __________ preserves and maintains adequate management rights in
any labor relations agreement
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File: BK-E (Also AFA-E)
Instructional Program - The purpose of public schools is to provide educational opportunities for all students. To this end, it must be determined what are educationally valuable experiences and how they can best be delivered.
Adequate Inadequate The Board of Education:
________ __________ provides equal access to curriculum and cocurricular
activities for all students
________ __________ approves course additions and deletions to the curriculum
________ __________ balances the overall needs of students and community
with efforts of special interest groups to influence the
curriculum
________ __________ encourages suggestions for curriculum improvement from
students, staff and community
________ __________ safeguards the privacy of student records
________ __________ encourages a positive approach to student discipline
________ __________ safeguards the rights of students to due process
________ __________ provides policies that implement the educational
standards of the State Board of Education
Personal Qualities - Maximum results as a school board member will be achieved only if high ethical standards of conduct are maintained in all personal, business and public activities.
Adequate Inadequate As a Board of Education member, I:
________ __________ keep the education and welfare of children as my primary
concern
________ __________ represent the best interests of all patrons rather than
special interest groups
________ __________ understand the need for compromise; abide by decisions
of the majority
________ __________ channel complaints and potential problems to proper
authority
________ __________ have made the time commitment necessary to become
an informed and effective Board member
________ __________ reach decisions on the merits of issues and on the basis
of best available evidence
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File: BK-E (Also AFA-E)
Adequate Inadequate As a Board of Education member, I:
________ __________ participate in in-service programs at regional, state and
national levels
________ __________ do not individually or unilaterally make decisions or
commitments on the Board's behalf
________ __________ am open and honest with other Board members and
administrators; share information and avoid "surprises"
whenever possible
________ __________ am familiar with and abide by the OSBA Code of Ethics
Additional Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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