1000-Board Bylaws

Section 1000 - Board Bylaws


Table of Contents


1001    Definitions
1003    District Name
1005    Address
1007    Purpose
1009    Authority, Powers, and Purposes
1011    District Legal Status
1015    Philosophy of the Board
1030    Board Membership

      1030.1       Number
      1030.2       Electoral Process
      1030.3       Qualifications
      1030.4       Term
      1030.5       Acceptance of Office
      1030.6       Vacancies
      1030.7       Filling a Board Vacancy


1032    Board Powers

      1032.1       Communications to and from the Board
      1032.2       Functions of the Board


1035    Public Expression of Board Members (Cf. 1950)
1150    Board Officers


      1150.1       Term of Office
      1150.2       Duties of Officers
 

  • PRESIDENT
  • VICE-PRESIDENT
  • SECRETARY
  • TREASURER

1160    New Member Orientation
1162    Board Member Development Opportunities


      1162.1       Board Conferences, Conventions and Workshops


1167    Compensation
1168    Reimbursement for Expenses (Cf. 3600, 5330)


      1168.1       Reimbursement for Board Expenses
      1168.2       Schedule of Specific Categories
      1168.3       Expense Report
      1168.4       Spouses and other Family Members
      1168.5       Meal Expenses
      1168.6       Board Expense Review
      1168.7       Out of State Travel (PA 234)
      1168.8       Overnight Travel


1180    Board Committees
1191    Attorney
1200    Independent Auditor
1220    Consultants (Cf. 4015)
1300    Meetings


      1300.1       Organizational
      1300.2       Regular
      1300.3       Change of Regular Meetings
      1300.4       Closed Sessions
      1300.5       Information/Work/Study Sessions
      1300.6       Adjourned Meetings
      1300.7       Special Meetings
      1300.8       Emergency Meetings
      1300.9       Recess


1320    Agenda


      1320.1       Consent Agenda


1330    Rules of Order


      1330.1       Amendment/Suspension of Bylaws and Policies
      1330.2       Quorum


1350    Voting Method


      1350.1       Quorum
      1350.2       Voting


1360    Minutes


      1360.1       Open Meeting Minutes
      1360.2       Closed Meeting Minutes


1370    Public Participation


      1370.1       Courtesy during Public Participation


1510    Bylaw and Policy Development System (Cf. 5140)


      1510.1       Adoption
      1510.2       Dissemination
      1510.3       Policy Development System
      1510.4       Adoption and Amendment of Bylaws


1515    Board Member Access to Personnel Records
1517    Board Member Files
1520    Transfer of Territory


      1520.1       Authority
      1520.2       Eligible Property
      1520.3       Extent of Transfer
      1520.4       Notice of Transfer
      1520.5       Transfer of Property Located in Multiple Counties
      1520.6       Effective Date
      1520.7       Bonded Indebtedness
      1520.8       Remapping of the Districts
      1520.9       Refusal of Transfer
      1520.10     Appeal


1570    Review of Administrative Regulations (Cf. 2750)
1575    Administration in Absence of Policy
1600    Board Records and Reports


      1600.1       Records
      1600.2       Reports


1650    Association Memberships
1750    Board Self-Assessment/Evaluation
1950    Board Member Ethics (Cf. 1035)
1952    Board Member Conflict of Interest


      1952.1       Financial Conflict of Interest


1955    Indemnification

 


1001  DEFINITIONS

The Bylaws of the Board of Education of this District incorporate quotations from the laws and administrative code of the State of Michigan. Such quotations may be substantively altered only by appropriate legislative, judicial, or administrative action.

Whenever the following items are used in these Bylaws and policies, they shall have the meaning set forth below:

Administrative Guideline

A statement, based on policy, usually written, which outlines and/or describes the means by which a policy should be implemented and which provides for the management cycle of planning, action, and assessment or evaluation.

Agreement

A collectively negotiated contract with a recognized bargaining unit.

Board

The Board of Education.

Bylaw

Rule of the Board for its own governance.

Constituent Local District

The following local school Districts that comprise the COOR Intermediate School District:

  • Crawford AuSable Schools
  • Fairview Area Schools
  • Gerrish-Higgins Schools
  • Houghton Lake Area Schools
  • Mio AuSable Schools
  • West Branch-Rose City Area Schools

District

The COOR Intermediate School District.

Due Process

Procedural due process requires prior knowledge (a posted discipline code), notice of offense (accusation), and the opportunity to respond.

Procedural due process may require right to counsel and/or confrontation or cross examination of witnesses, depending upon the situation.

Full Board

Authorized number of voting members entitled to govern the District.

May

This word is used when an action by the Board or its designee is permitted but not required.

Meeting

Any gathering which is attended by or open to all of the members of the Board, held with the intent on the part of the members of the body present to discuss or act as a unit upon the specific public business of that body.

OAG Opinion #6752, 6499, 6835

Parent/Guardian

The natural or adoptive parents or the party designated by the courts as the legal guardian or custodian of a student under the age of eighteen (18). Both parents will be considered to have equal rights unless a court of law decrees otherwise.

Policy

A general, written statement by the governing Board that defines its expectations or position on a particular matter and authorizes appropriate action that must or may be taken to establish and/or maintain those expectations.

President

The Chief Executive Officer of the Board of Education. (See Bylaw 1150)

Professional Staff Member

An employee who implements or supervises one (1) or more aspects of the District’s program and whose position requires a professional credential from the State.

Secretary

The chief clerk of the Board of Education. (See Bylaw 1150)

Shall

This word is used when an action by the Board or its designee is required. (The word “will” or “must” signifies a required action.)

Student

A person who is officially enrolled in a school or program of the District.

Superintendent

The Chief Executive Officer of the School District. In policy, this implies delegation of responsibilities to appropriate staff members.

Supervisor

The educational leader of one or more District programs. In policy and administrative guidelines, implies authority to delegate responsibilities to appropriate members of his/her staff.

Support Employee

An employee who provides support to the District’s program and whose position does not require a professional certificate.

Treasurer

The Chief Financial Officer of the District. (See Bylaw 1150) The Treasurer may delegate day-to-day duties of his/her office to the Superintendent.

Voting

A vote at a meeting of the Board of Education. The law requires that Board members must be physically present in order to have their vote officially recorded in the Board minutes.

Citations to Michigan Compiled Laws Annotated (MCL) are shown as MCL followed by the Section Number (e.g. MCL 380.601a). Citations to the Michigan Administrative Code are prefaced AC Rule (e.g. AC Rule R380.221). Citations to the Federal Register are noted as FR and to the Code of Federal Regulations as CFR. Citations from the Michigan Attorney General’s Office are shown as OAG.

1003  DISTRICT NAME

The Board of Education of this District shall be known officially as the COOR Intermediate School District Board of Education.

Approved:       December 11, 2002. Legal Reference: MCL 380.605

1005  ADDRESS

The official address of the Board of Education shall be 11051 North Cut Road, Roscommon, Michigan 48653.

Approved:       December 11, 2002

1007  PURPOSE

The District exists to serve as a liaison agency between the local school Districts in Crawford, Ogemaw, Oscoda, and Roscommon Counties and the State Department of Education and to provide those educational programs and services requested by the constituent Districts or mandated by the State.

Approved:       December 11, 2002

1009  AUTHORITY, POWERS, AND PURPOSES

The Board is responsible to the patrons and endeavors to administer, adequately, the needs of education in the District according to their will. In order to function as efficiently as possible, control shall be centralized so that there may be accountability and coordination of effort and decisions.

Approved:       December 11, 2002

1011  DISTRICT LEGAL STATUS       

The legal basis for the COOR Intermediate School District 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 the COOR Intermediate School District – Crawford, Oscoda, Ogemaw, and Roscommon, Michigan.

Approved:       December 11, 2002.    Legal Reference: MCL 380.604

1015  PHILOSOPHY OF THE BOARD

An Intermediate District Board of Education is a legal entity for providing specialized educational services within a geographic area of the State of Michigan. The system was created by, and is governed by, State statutes. Members of a Board are chosen by citizens to represent them and the State in the governance of the Intermediate School District.

The Board has the dual responsibility for implementing statutory requirements pertaining to public education and for meeting the educational expectations of its constituent Districts. The Board shall exercise their best judgment in determining policies, making decisions, and approving procedures for carrying out the responsibility.

The Board declares and, thereby, reaffirms its intent to:

Maintain two-way communications with citizens of the District and the Boards and staffs of the constituent Districts. The Board shall keep these parties informed of the progress and problems of the School District, and the constituent Boards shall be urged to bring their aspirations and concerns about the District to the attention of this body;
Establish policies and make decisions on the basis of declared educational philosophy and goals;
Act as a truly representative body for citizens and constituent Districts in all matters related to programs and operations. The Board recognizes that ultimate responsibility for public education rests with the State, but the Intermediate Board of Education has been assigned specific authority through statute, and the Board shall not relinquish or fail to exercise that authority; and
Upon request and/or agreement, COOR I.S.D. may act as an operating District, contract with local Districts or other educational institutions, or facilitate the formation or consortia of local Districts or of other educational institutions to provide programs or services.

Approved:       December 11, 2002

1030  BOARD MEMBERSHIP

1030.1   Number

The Board of Education shall consist of seven (7) members.

Legal Reference: MCL 380.612-.614

1030.2   Electoral Process

Members of the Board shall be elected biennially by the electorate of the school Districts in a manner consistent with State law. In case of a vacancy during the biennium, the Board shall appoint an interim member to serve until the next election.

Legal Reference: MCL 380.614

1030.3   Qualifications

Each member of the Board shall be/have:

Citizen of the United States;
Resident of the State of Michigan for at least thirty (30) days;
Attained the age of eighteen (18) years; and
A resident of a constituent District.

Legal Reference: MCL 380.612, 380.614

1030.4   Term

Each Board term shall be six (6) years, except as follows. Terms ending June 2013, 2015 and 2017 will extend until December 31, 2014, 2016 and 2018 respectively with reelection bids in November of the same year.

Approved:  April 11, 2012      Legal Reference: MCL 380.614(2)

1030.5   Acceptance of Office

The Superintendent shall notify each member-elect of his/her election within five (5) days after the election.

Before assuming membership on the Board and within ten (10) 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.

Legal Reference:  MCL 380.1102

1030.6   Vacancies

The office of a Board member shall become vacant immediately upon the occurrence of any one (1) of the following events:

a)The death of the incumbent or the incumbent is found mentally incompetent by the proper court;

b)The incumbent’s resignation;

c)The incumbent’s removal from office;

d)The incumbent’s conviction of a felony;

e)The incumbent’s neglect or failure to file the acceptance of office, or to give or renew an official bond required by law;

f)The incumbent’s ceasing to possess the legal qualifications for holding office;

g)The incumbent moving his/her residence out of the District; or

h)A Board member becoming employed by the COOR Intermediate School District.

Notice of a vacancy will be filed with the State Board of Education within five (5) days, and, if not filled within thirty (30) days by the remaining members of the Board, the vacancy shall be filled by the State Board.

Legal Reference:  MCL 380.1103, 380.1104, 380.614

OAG Opinion #5453

Board of Education v DeVries, 34 Mich App 542; 192 NW2d 58 (1971)

1030.7       Filling a Board Vacancy

If a majority of the Board is still seated, the vacancy shall be filled by the Board using the following procedure:

The Board shall seek qualified and interested candidates from the community through the news media, word of mouth, and contacts with appropriate organizations.

All applicants are to submit a notice of their interest, in writing, to the Board President at the District address.

The Board shall interview all candidates to ascertain their qualifications.

Appointment by the Board to fill a vacancy shall be by majority vote of the full Board.

Approved: December 11, 2002.          Legal Reference: MCL 380.621, 380.1254

1032  BOARD POWERS

School Board members have legal authority only during regular and special meetings.  Their participation in meetings is the basic manner in which they fulfill the duties of their elected office. Accordingly, all members are expected to participate fully in deliberation and voting at meetings unless required to abstain under law or Board policy.

No member, including the President, shall have the power to act in the name of the Board outside of Board meetings unless specifically designated to do so by official action of the Board.

In regards to school District operation (i.e., access to records, etc.), individual Board members have the same but not greater rights than those granted to the general citizenry of the community.

The Board shall make the staff and citizens aware that only the Board, not individual members, has the right to take official action for the District. Board members may be contacted for discussion of District business or for complaints. The Board member may listen, but shall not make a commitment on behalf of the Board. The individual Board member does not and cannot speak for the Board or the Superintendent.

If a specific complaint needs attention, the Board member shall explain to District’s chain of command for handling complaints or refer the complainant to the Superintendent. The Board member also shall inform the complainant the process for bringing items to the Board through the Board’s agenda or through the public participation portion of the Board meeting.

1032.1   Communications To and From the Board

Staff members, parents/guardians, and community members should submit questions or communications to the Board through the Superintendent. Board members' questions or communications to staff or about programs will be channeled through the Superintendent's office. If contacted individually, Board members will refer the person to the appropriate channel of authority, except in unusual situations. Board members shall not take private action that might compromise the Board or administration.

1032.2   Functions of the Board

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

Legislative or Policy Making - The Board is responsible for the development of policy and for the employment of a Superintendent and other administrators as the Board deems necessary, who shall carry out its policies through the development and implementation of regulations. The Board shall act as a legislative body and shall appraise the work and programs of the District. The Board shall oversee and review its policies as the needs arise.
Educational Planning and Appraisal - The Board is responsible for acquiring and requiring reliable information from responsible sources that 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.
Staffing and Appraisal - The Board is responsible for employing a chief executive officer (the 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.
Selection of Superintendent – The Board of Education shall exercise its executive power in part by the appointment of a Superintendent who shall enforce the statutes of the State of Michigan, rules of the State Board of Education, and policies of this Board.
Financial Resources – The Board is responsible for adopting a budget that will provide the financial basis for buildings, staff, materials, and equipment that will enable the District to carry out the educational program. The Board is responsible for exercising control over the finances of the District to assure proper use of and accounting for all District funds.
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.

The Board shall have the management and custody of the schools and property of the District and may regulate the use and occupancy of the District’s properties.

Communication with Public – The Board is responsible for providing adequate and direct means for keeping the local citizenry informed about education.
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 of Education assumes jurisdiction over any dispute or controversy arising within this Intermediate District and concerning any matter in which authority has been vested in the Board by statute, rule, a contract, or policy of this Board.

In furtherance of its adjudicatory function, the Board may hold hearings, which shall offer the parties to a dispute, on notice duly given, a fair and impartial forum for the resolution of the matter.

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

Approved: December 11, 2002           Legal Reference: MCL 380.601a

1035  PUBLIC EXPRESSION OF BOARD MEMBERS (Cf. 1950)

From time to time individual Board members make public statements on school matters:

To local media; or
To local officials and /or State officials.

Sometimes the statements imply, or the readers (listeners) infer, that the opinions expressed or statements made are the official positions of the Board. The misunderstandings that can result from the incidents can embarrass both the member and the Board. Therefore, Board members should, when writing or speaking on school matters to the media, legislators, and other officials, make it clear that their views do not necessarily reflect the views of the Board or of their colleagues on the Board.

This bylaw shall apply to all statements and/or writings by individual Board members not explicitly sanctioned by a majority of its members, except as follows:

Correspondence, such as legislative proposals, when the Board member has received official guidance from the Board on the matters discussed in the letter;
Routine, not for publication, correspondence of the Superintendent or other Board employees;
Routine “thank you” letters of the Board;
Statements by Board members on non-school matters (providing the statements do not identify the author as a member of the Board); and
Personal statements not intended for publication.

b)Copies of this bylaw shall be sent to local media by the Board President.

Approved: December 11, 2002

1150   BOARD OFFICERS

1150.1  Term of Office

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

Election of officers shall be by a majority of the full Board. Where no such majority exists on the first ballot vote, a second vote shall be cast for the two (2) candidates who received the greatest number of ballot votes.

Officers shall serve for one (1) year and until their respective successors are elected and shall qualify. An officer may be removed by a majority vote of the full Board. The Board shall fill a vacancy in either office within thirty (30) days of the occurrence of the vacancy.

1150.2  Duties of Officers

President

The President shall perform or delegate the following duties:

Preside at all meetings of the Board;
Countersign orders legally drawn by the Secretary upon the Treasurer for money to be disbursed on behalf of the Board;
He/She shall appoint all committees unless otherwise ordered by the Board;
Perform all other duties as prescribed by law and determined by the Board; and
Function as spokesperson for the Board.

The President is permitted to participate in all Board meetings in a manner equal to all other Board members, including the ability to make and second motions.

Vice President

The Vice President shall perform or delegate the following duties:

Preside at meetings of the Board when the President is not able to attend;
Perform other duties appropriate to the duties of the office of Vice President in the management of the schools as the Board determines; and
In case of a vacancy in the office of President, succeed to the office of President for the balance of the unexpired term.

Secretary

The Secretary shall perform or delegate to the Superintendent the following duties:

Handle all official correspondence for the Board;
Record and sign the minutes of meetings, order, resolutions, and other proceedings of the Board in proper record books;
Notify all Board members in writing of all meetings;
Be the chief election officer of the school District with authority to delegate election duties to a member of the administrative staff;
Prepare the annual report of the school District and other reports required by the state Board;
Draw and sign orders upon the District Treasurer for money to be disbursed by the school 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; and
Perform other duties required by law or by the Board of Education.

Treasurer

The Treasurer shall perform or delegate to the Superintendent the following duties:

Have care and custody of all monies of the School District.     The Treasurer shall 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 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; and
Perform other duties required by law or by the Board.

Approved:       December 11, 2002     Legal Reference: MCL 380.613

1160  NEW MEMBER ORIENTATION

The Board believes that the preparation of each Board member for the performance of Board duties is essential to the effective functioning of the Board. The Board shall encourage each new Board member to understand the functions of the Board, acquire knowledge of matters related to the operation of the District, and learn Board procedures. Accordingly, the Board shall give to each new Board member (no later than two [2] weeks from election or appointment) the following items for his/her use and possession during their term on the Board:

A copy of the Board policy manual;
A copy of each current negotiated agreement; and,
The current budget statement, audit report, and related fiscal materials.

The Board will access publications and reference materials for the use of Board members.

Each new Board member shall be invited to meet with the Board President and the Superintendent to discuss Board functions, policies, and procedures.

The Board shall encourage the attendance of each new Board member at orientation and training meetings. Newly elected and newly appointed Board members shall be encouraged to attend workshops for new Board members. Staff may be involved in the orientation process.

Approved: December 11, 2002

1162  BOARD MEMBER DEVELOPMENT OPPORTUNITIES

Board Conferences, Conventions, and Workshops

The Board recognizes the value of membership and attendance at conferences and meetings at the Local, County, State, and National level. Board member attendance will be in accordance with the following:

Travel expense reimbursement shall be in accord with current policy on reimbursement of expenses;
Attendance at Local, county, and State and National workshops and conferences are encouraged;
Each Board member is expected to report to the Board after attending a conference at District expense; and
Travel and personal expenses of spouse, children, or other guest(s) traveling with a Board member, shall be the responsibility of the Board member or of the individual. Expenses for convention functions attended as a group will be borne by the District, within budgetary limits. 

The following specific categories of duties and functions are approved as reimbursable expenses:

Educational conferences and business meetings, including registration and expenses incurred for attendance at Board-approved, education-related conferences, seminars, continuing education classes, and workshops at the local, state, and national levels;
Reimbursement for mileage shall be paid at the prevailing IRS rate.

Approved: December 11, 2002           Legal Reference: MCL.380.1254

1167  COMPENSATION

Board members shall receive $30 per meeting, including regular posted meetings, posted special meetings, posted committee meetings for which they are a member; recognition functions and COOR sponsored events such as COOR Graduation and the Talent Search Awards. No more than one compensated event per day shall be remunerated. Any proposed increase in the amount of compensation must be approved by a majority vote of the Board in accordance with procedures established in statute. Expenses of a Board member shall be reimbursed when incurred in the performance of his/her duties or in the performance of functions authorized by the Board and duly vouchered.

Approved:       December 11, 2002     Legal Reference: MCL 380.621, 380.1254

1168  REIMBURSEMENT FOR EXPENSES (Cf. 3600, 5330)  

The following guidelines have been established by the Board of Education to ensure appropriate and proper reimbursement of expenses for Board members:

Expenses will be reimbursed only for activities authorized by the Board;
Reimbursement for mileage will not exceed the current rate established by the Internal Revenue Service;
When possible, attendance at Board-approved conferences should be at the location closest to the District;
When attending a Board-approved conference, all fees, parking, mileage, meals, and housing may be reimbursed;
Purchase of any printed or other materials relating to Boardsmanship will be reimbursed if pre-purchase approval is given by the Board. If such approval is not possible or feasible, a voucher must be submitted to the Board for approval;
When the Board attends a community or school-related event as a Board function, or if a Board member attends as a designated representative of the Board, any incurred expenses, including mileage, will be reimbursed by the Board. If a Board member attends such events as a private citizen, no incurred expenses are to be paid by the Board;
No entertainment expenses or purchases of alcoholic beverages are reimbursable; and
A voucher detailing the amount and nature of each expense must be submitted to the Board for approval.

1168.1   Reimbursement for Board Expenses

Board members shall be reimbursed for actual and necessary expenses incurred in discharging their official duties and in performing functions authorized by the Board, as permitted by this policy.

1168.2   Schedule of Specific Categories

The following specific categories of duties and functions are approved as reimbursable expenses:

Educational conferences and business meetings, including registration fees and expenses incurred for attendance at Board approved education-related conferences, seminars, continuing education classes, and workshops at the local, state, and national levels. Reimbursement for pre-approved Board expenses will be at the appropriate prevailing IRS “Low-Cost” rates and adjusted accordingly each January;
County and regional education-related association or inter-governmental meetings;
Attendance at educational or civic programs and functions where the Board member is designated as the Board’s official representative, delegate, or spokesperson. This category does not include political activities of any kind;
School business travel: air travel at coach rate; automobile mileage at the Internal Revenue Service approved rate per mile, plus tolls; taxi or rental car allowances at current prevailing rates for travel outside the District when necessary to attend a function on this schedule;
Intermediate School District funds or other public funds under the control of the Intermediate School District may not be used for purchasing the following:

Alcoholic beverages
Jewelry
Gifts
Fees for golf
Any item the purchase or possession of which is illegal

When possible, attendance at Board-approved conferences should be at the location closest to the District.

Approved:       February 8, 2006

1168.3   Expense Report

To receive reimbursement, a Board member shall obtain pre-approval, post approval of the Superintendent or Designee for any overnight travel expenses, and submit an expense report with supporting receipts or other evidence to verify each expense incurred.

Approved:       May 11, 2005

1168.4   Spouses and Other Family Members

Expenses of spouses and other family members accompanying Board members in discharging their official duties or performing authorized functions are not reimbursable.

Approved:       December 11, 2002     Legal Reference: MCL 380.1254; OAG Opinion # 5272

1168.5   Meal Expenses

The upper limit of District paid expenses for meals is as follows:  Breakfast - $15.00; Lunch - $25.00; Dinner - $35.00.

Approved:       December 8, 2004

1168.6             Board Expense Review

When a question arises regarding the per diem expenses of a board member, those expenses will be brought to the attention of the Board President for final disposition. His or her decision will be final in all cases. If the President is unavailable, the Treasurer will act in the place of the President.

Approved:       December 8, 2004

1168.7   Out of State Travel  (PA 234)

Out of state travel for Board and ISD employees requires pre-approval and post approval of the Board or Superintendent if that travel is to be reimbursed.

Approved:       May 11, 2005

1168.8   Overnight Travel

All travel by a COOR school board member or employee that includes at least one overnight stay and is paid for or reimbursed by the ISD requires approval of the board or its superintendent for both a pre-travel authorization form detailing estimated expenses and a post travel for detailing and verifying actual expenses.

Approved:       July 12, 2006

1180  BOARD COMMITTEES

Committees of Board members shall, when specifically charged to do so by the Board, conduct studies, make recommendations to the Board and act in an advisory capacity, but shall not take action on behalf of the Board, unless authorized by a quorum of the Board of Education.

The President is authorized to appoint, as soon after the organizational meeting as practicable, members of the Board to the standing committees where they shall serve a term of one (1) year.

Ad hoc committees may be created, charged, and discharged at any time by the President.

Members of ad hoc committees shall serve until the committee is discharged;
The Superintendent shall serve as an ex officio member of each committee;
Committees shall consist of no more than three (3) members;
A member may request (or refuse) appointment to a committee;
If more than three (3) members desire to be on a committee, they may choose to serve as a committee member alternate;
Alternates may be given consideration for committee membership the following year;
If interest exists by more than three (3) members for a committee meeting topic, a meeting for the Committee of the Whole may be posted.

Refusal to serve on any one committee shall not be grounds for failure to appoint a member to another committee.

Each Board committee shall be convened by a chairperson who shall report for the committee and may be appointed either by the President or members of the committee.

Board Committees must comply with the relevant portions of the Open Meetings Act.

Approved:       November 14, 2007

Legal Reference: MCL 15.263; 380.11a; OAG, 1977-1978, No 5183, p 21 (March 8, 1977); OAG, 1977-1978, No 5183A, p 97 (April 18, 1977); OAG, 1977-1978, No 5286, p 403 (March 31, 1978); Schmiedicke v Clare School Board, 228 Mich App 259 (1998)

1191  ATTORNEY      

The Board may employ attorneys to represent the School District or Board in actions brought for or against the District and to render other legal services for the welfare of the School District.

The attorney or legal firm may render a written opinion on a legal question when requested by the Board.

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

The Board’s legal counsel shall not provide personal legal assistance to individual Board members, the Superintendent, or members of the staff unless specifically authorized by the Board.

In any dispute or potential divergence of interests between the Board and Superintendent, the Superintendent shall not utilize the District's counsel to represent his/her interest.

Approved:       December 11, 2002

1200  INDEPENDENT AUDITOR

The independent auditor shall:

Examine the general purpose financial statements of the intermediate District at the close of its fiscal year and the related statements of transactions in the various funds for the fiscal year then ended;
Conduct such examination in accordance with generally accepted auditing standards and to include such tests of the accounting records and such other auditing procedures as are necessary in the circumstances;
Render an opinion on the general purpose financial statements prepared as at the close of the fiscal year;
Make such recommendations to the Board concerning its accounting records, procedures, and related activities as may appear necessary or desirable; and
Perform such other related services as may be requested by the Board.

Approved:       December 11, 2002

1220  CONSULTANTS (Cf. 4015)

The employment of consultants to advise the Board, directly,  (such as, but not limited to, consultants for policy development or Superintendent Search) shall require approval of the Board. Before making any commitment, the Board may require the submission of a written proposal that can be incorporated into a written contract. The proposal shall detail:

The specific objectives to be accomplished by the consultant;
The specific tasks to be performed;
The procedures to be used in carrying out the tasks;
The target dates for completion of the task;
The method used to report results to the Board and/or delivery of the "product" to the Board; and
The consultant's compensation, if any.

Neither the Superintendent nor any member of the staff is authorized to engage a consultant for pay to advise the Board, directly, without the prior consent of the Board.

Approved:       December 11, 2002

1300  MEETINGS                                                                                    

All meetings (as defined by the Open Meetings Act) of the Board shall be open to the public and shall be held in a place available to the public, except with respect to closed sessions permitted and held under law.

All business performed by the Board and all decisions made by the Board shall be conducted or made at a public meeting, unless exempted under law.

1300.1   Organizational Meeting

The Board shall meet annually in July to organize and elect officers for each fiscal year. The member who served as President of the Board during the previous year shall preside. If he/she is no longer a member of the Board, the Vice-President, Secretary, or Treasurer of the previous year shall preside.  If there are no returning officers, the Board shall elect the Board member having the greatest length of service on the Board as a chairperson pro tem to chair the organizational meeting until a President is elected.

The Board, at the organizational meeting, shall:

a.Designate depositories for school funds;

b.Designate those persons authorized to sign checks, contracts, agreements, and purchase orders;

c.Designate a day, place and time for regular meetings which shall be held at least once every month; and

d.Designate an administrator to assume specified responsibilities of the Secretary.

1300.2   Regular Meetings

The Board shall hold at least one regular meeting each month. A schedule for regular monthly meetings shall be adopted at the organizational meeting of the Board. A notice of the regular meeting schedule shall be posted at the entrance of the Principal office of the Board, the Principal office of the School District and other appropriate places as may be designated by the Board, within ten days after the organizational meeting.

Within ten (10) days after the Organizational Board Meeting, the Board shall cause to be posted in the Board office and in such other locations considered appropriate by the Board, a notice listing the date, time, and place of each regularly scheduled meeting of the Board. The notice shall also contain the name and address of the District and its telephone number.

Upon the written request of an individual, organization, firm, or corporation, and upon the requesting party's payment of a yearly fee of not more than the estimated reasonable cost for printing and postage of each notice as shall be determined annually by the Board, the District shall send to the requesting party by first class mail a copy of any notice required to be posted by these Bylaws. The news media shall be entitled to receive, at their request, copies of such notices free of charge.

1300.3   Change of Regular Meetings

The schedule of regular meetings, or the regular meeting date, may be changed by the Board as provided in current law.

1300.4   Closed Sessions

The Board may meet in closed session as provided for under current law. The minutes of any closed session shall be kept separate from the minutes of the regular or special meeting and shall not be a matter of public record except as provided for under current law.

Any Board action taken because of a closed session shall be taken in a public meeting and recorded as such.

The Board may meet in closed session only for the following purposes:

a.   To consider the dismissal, suspension, or disciplining of, or to hear complaints or charges brought against, or to consider a periodic personnel evaluation of, a public officer, employee, staff member, or individual agent, if the named person requests a closed hearing;

b.   To consider the dismissal, suspension, or disciplining of a student and if the student’s parent or guardian requests a closed hearing;

c.   For strategy and negotiations sessions if either party requests a closed hearing;

d.   To consider the purchase or lease of real property;

e. To consult with its attorney regarding trial or settlement strategy in connection with specific pending litigation;

f.    To review the specific contents of an application for employment or appointment to a public office if the candidate requests that the application remain confidential; and

g.   To consider material exempt from discussion by state or federal statute.

1300.5   Information/Work/Study Sessions

Information/work or study sessions of the Board shall be held as called by the President. Such sessions shall be open to the public and properly posted as Board meetings. Normally, the Board will not take action at these meetings.

1300.6   Adjourned Meetings

Any meeting of the Board may be adjourned to another time and place. Any meeting which is recessed for more than 36 hours shall be reconvened only after a notice stating the date, time, and place of the adjourned meeting as sell as the name, address, and telephone number of the District has been posted at least 18 hours before the time the meeting is to be reconvened.

1300.7   Special Meetings

Special meetings of the Board may be called by the President (Chair) of the Board, or by three (3) Board members by providing the other Board members a written notice of the date, time, and place of the special meeting.

The notice may be served by delivering the notice to the Board member personally, or by leaving the notice at each member’s residence with a person of the household at least eighteen (18) hours before the meeting is to take place. The notice also may be served by mail addressed to the member at the member’s address on file in the District office, at least seventy-two (72) hours before the meeting is to take place. Service of the notice may be by a Board member or an employee of the District.

Legal Reference: MCL 15.265

1300.8        Emergency Meetings

In the event of a severe and imminent threat to the health, safety, or welfare of the District, its employees, or students, any member of the Board may call an emergency session provided two-thirds (2/3) of the members of the Board concur that delay would be detrimental to efforts to lessen or respond to the threat. No notice of any emergency meeting shall be required.    

Legal Reference: MCL 15.265

1300.9   Recess

Any meeting of the Board may be recessed to another time and place. Any meeting which is recessed for more than thirty-six (36) hours shall be reconvened only after a notice stating the date, time, and place of the recessed meeting as well as the name, address, and telephone number of the District has been posted on the front door of the Administrative Office Building and such other place as the Board may determine for at least eighteen (18) hours before the time the meeting is to be reconvened.

Approved:       December 11, 2002     Legal Reference: MCL 15.265, MCL 380.613; 380.623, 380.1201; 380.1221; 15.261-275

1320  AGENDA

The Board agenda shall be compiled by the Superintendent in cooperation with the Board President and shall include a period of time when the public may speak to the Board.

The Superintendent shall prepare and submit to each Board member a written agenda before each regular meeting and each special meeting, unless otherwise directed by the Board. The agenda shall list the various matters to come before the Board and shall serve as a guide for the order of procedure for the meeting. Individual Board members may include items on the agenda upon the concurrence of the Board President.

The agenda of the regular monthly meeting or special meetings shall be accompanied by a report from the Superintendent on information relating to the District with such recommendations, as he/she shall make.

The agenda for each regular meeting shall be mailed or delivered to each Board member to provide proper time for the member to study the agenda. Generally, the agenda should be mailed no later than three (3) business days before the meeting of the Board, or delivered to provide time for the study of the agenda by the member. The agenda for a special meeting shall be delivered at least twenty-four (24) hours before the meeting, consistent with provisions calling for special meetings.

The Board shall transact business according to the agenda prepared by the Superintendent and submitted to all Board members in advance of the meeting. The order of business may be suspended or altered at any meeting by a majority vote of the members present.

Items not placed on the agenda upon the request of a member or the public may be added to the agenda by the unanimous vote of the members present if the item is an action item. Generally, it shall be the Board’s policy to add items for action only in critical or urgent situations. Discussion items may be added by a majority vote of those members elected to and serving on the Board.

A request by the public to place an item on the Board agenda must be made to the Superintendent or President at least seven (7) days in advance of the meeting at which it is desired to have the item discussed. The request should include a brief statement of the matter to be brought before the Board, along with any background information available, which may be provided to the Board in advance of the meeting.

1320.1   Consent Agenda

The Board shall use a consent agenda to keep routine matters within a reasonable period.

The following routine business items may be included in a single resolution for consideration by the Board:

Minutes of previous meetings; including appropriate amendments;
Payment of bills; including summation by department;
Personnel issues – Hiring, firing, resignations, leaves of absence (by policy or negotiated agreement), retirement resolutions;
Annual renewal of relationships contracts, i.e., with outside consultants, auditors, etc.;
Resolutions that require annual adoption, such as bank signatories; (unless there are changes) and
Board members’ attendance at non-MASB conferences.

The following items may be included in the consent agenda for the Organizational meeting or other meetings as might be necessary.

Calling of Special Meeting;
Designating Bank Depositories;
Signing of Checks – Checking Accounts;
Signing of Checks – Payroll Accounts;
Districts Investment Funds;
Signing of Hand-Issued Checks;
Extend Retainer Agreements;
Newspapers of Record;
Board Per Diem – Establish Board Per Diem;
Professional Dues; and
Board members’ attendance at MASB conferences and MASB classes for the fiscal year.

The following will be used as guidelines in preparing/executing the consent agenda:

Items in the consent agenda will be individually listed;
Background information will continue to be provided in advance for items on both the consent and regular agenda, where necessary;
A single member’s request shall cause an item on the consent agenda to be relocated as an action item immediately following the vote on the consent;
Before pulling an item from the consent agenda, the Board member must contact the Superintendent or the Board President;
A vote of the Board will not be necessary to remove an item from the consent agenda;
A roll call vote will be taken on the agenda.

Approved:       December 11, 2002

1330   RULES OF ORDER

The Board shall be governed by rules of procedure as adopted by the Board.  In no event shall the Board adopt Robert’s Rules of Order. The presiding officer may, at his/her discretion, use Robert’s Rules of Order as a “guideline” in the conduct of meetings. The purpose of this parliamentary procedure is to ensure the minority has rights that cannot be changed by the majority.

The President (or Vice President in the absence of the President) shall preside at all meetings. In the absence of both the President and Vice President, the Secretary or Treasurer, in that order, shall serve as a President pro-tempore who will serve only for that meeting or for that part of the meeting in which the President and Vice President are absent.

Any member of the Board who wishes to make a motion, second a motion or discuss pending business will first secure recognition of the Board President.

The President will present each agenda item for discussion or designate the Superintendent or other staff member who will represent the agenda item.

The Board will take all formal actions by ordinary motions unless a formal resolution is required.

A motion must be before the Board in order to discuss an agenda item that has been presented by the Board President for consideration.

The following motions will be in order:

To recess;
To take action;
To amend a motion made to take action, but such amending motion will be disposed of before any other motion to amend the main motion will be in order;
To defer action, either finally or to a specific time, date and place;
To go into closed session; and
To adjourn, either finally or to a specific time, date or place.

1330.1   Amendment/Suspension of Bylaws and Policies

The Board, by a vote of a majority of its members, may amend the Bylaws or suspend the operation of the Bylaws but such amendment or suspension shall not relieve the Board from complying with applicable law. Policies shall be adopted, amended, or repealed only by a majority vote of the Board.

1330.2   Quorum

A majority of the members appointed/elected and serving on the Board shall constitute a quorum.

Approved:       December 11, 2002

Legal Reference: MCL 380.11a; 380.1201; OAG, 1981-1982, No 6057, p 622 (April 20, 1982); OAG, 1981-1982, No 6091, p 711 (August 18, 1982)

1350  VOTING METHOD

1350.1   Quorum

A majority of the members appointed/elected and serving on the Board shall constitute a quorum. A majority of the members elected to and serving on the Board is required to approve a motion.

1350.2   Voting

The Board shall take action by way of motions. No motion may be acted upon until it has been duly seconded by a member of the Board. The vote on all motions shall be by "aye" or "no" or a roll call vote. For any motion voted on in which the vote is not unanimous, the vote shall be recorded for each Board member. Following each vote, the President shall announce that the motion carried or failed by a vote of ___________.  The minutes shall indicate whether a motion passed or failed.

All members shall vote on motions before the Board unless a member is required to abstain from voting because of an existing legal or ethical/personal conflict of interest. Board members who are disqualified, legally or ethically, from voting shall not be counted for purposes of establishing a quorum.

Each Board member may have the privilege of explaining for the record any vote, be it affirmative, negative or abstaining at the discretion of the President.

Approved:       December 11, 2002

1360  MINUTES

The Secretary or temporary Secretary of the Board shall be responsible for keeping the minutes or seeing to it that minutes of every meeting of the Board are kept. A recording Secretary, not a member of the Board, may be appointed by the Board and shall attend all meetings and record all actions of the Board. Such minutes shall be reviewed and signed by the Secretary of the Board or acting Secretary. The minutes shall include the date, time, place, members present, members absent, all motions made at open meetings and action taken thereon, the purpose(s) for which closed sessions are called, all votes taken, a reference to reports presented, a record of those speaking at the public comment session and the topic on which they spoke, and items discussed when no action is taken. The minutes shall not usually contain comments from the Board members.

Copies of proposed minutes of an open meeting shall be provided upon request to members of the public within eight (8) business days of the meeting and copies of the approved minutes within five (5) business days of the meeting at which they were approved. Minutes shall be presented for approval at the next meeting of the Board and copies shall be sent to all Board members before said meeting.

Minutes of closed meetings shall not be made public except as specified by current law.

1360.1   Open Meeting Minutes

The Secretary, or a temporary Secretary appointed by the presiding officer, shall designate a person to keep minutes of each meeting showing the date, time, place, members present, members absent, any decisions made at a meeting open to the public, and the purpose or purposes for which a closed session is called. These minutes must be approved by the Board and endorsed by the Secretary at the next meeting. Proposed minutes shall be available for public inspection not later than eight (8) business days after the meeting to which the minutes refer. Approved minutes shall be available for public inspection not later than five (5) business days after the meeting at which the minutes are approved. The minutes shall be available for inspection at the Superintendent’s office and shall be available for inspection not later than five (5) business days after the meeting at which the minutes are approved. The minutes shall be available for purchase at a fee estimated by the business office to cover the cost of printing and copying.

The official minutes shall be bound together by years and kept in the office of the Board of Education.

Minutes of the preceding meetings shall be approved by the Board as its first order of business at its next meeting.

The minutes shall show only action taken as well as a brief summary of relevant information.

1360.2        Closed Meeting Minutes

The Board shall designate a person to keep separate minutes of each closed meeting of the Board. These minutes shall be retained by the Secretary of the Board, but shall not be available to the public and shall only be disclosed if required by a civil action filed under MCL 15.270 et seq. These minutes may be destroyed one (1) year and one (1) day after approval of the minutes of the regular meeting at which the closed session was held.

Approved:       December 11, 2002

Legal Reference: MCL 380.601a; 380.1201, 380.1202, MCL 15.267; 15.269, 15.270-71, 156.273; OAG Opinion #6353

1370   PUBLIC PARTICIPATION                                                          

The Board of Education recognizes the value of public comment on educational issues and the importance of allowing members of the public to express themselves on District matters. Any person or group wishing to place an item on the agenda shall register their intent with the Superintendent no later than five (5) working days before the meeting and include:

Name and address of the participant;
Group affiliation, if and when appropriate; and
Topic to be addressed.

An individual wishing to make public comment may speak for a total of not more than five (5) minutes. 

If a delegation is present to address the Board, the delegation may select up to five representatives to speak on its behalf, for a total of not more than fifteen (15) minutes.   Such requests shall be subject to the approval of the Superintendent and the Board President.

To permit fair and orderly public expression, the Board shall provide a period for public participation at every regular meeting of the Board and publish rules to govern such participation in Board meetings.

1370.1   Courtesy during Public Participation

Individuals addressing the Board should take into consideration the rules of common courtesy. The public participation portion of the meeting cannot be used to make personal attacks against a Board member or District employee that are totally unrelated to the manner in which the Board member or employee performs his/her duties. If the comments constitute a complaint against a Board member or employee, the Board member or employee has a right to request a closed hearing.

Complaints shall first be considered through proper channels before being considered by the Board. The Board shall not hear complaints at an open meeting about named District personnel unless the named person requests the Board to hear the complaint at an open session.

Approved: December 11, 2002           Legal Reference: MCL 380.601a; 380.1808, 15.263(1), 15.268

1510   BYLAW AND POLICY DEVELOPMENT (Cf. 5140)

The Board shall, on a regular basis, review its policies and shall, as needs dictate, delete, amend and supplement existing policies and adopt new policies (by majority vote).

At least once a year, the Superintendent shall present to the Board his/her recommendation concerning the proposed policy changes.  The yearly report shall be in writing and shall indicate which policies should be amended, deleted or supplemented and shall contain his/her recommendations and rationale for new policies. In addition, the Superintendent, as the need arises, shall advise the Board when a policy should be changed or supplemented and present to the Board the reasons therefore.

Should there be any question of a proposed policy being in conflict with the General School Laws of Michigan, the Superintendent shall submit it to the school attorney for his/her opinion.

1510.1   Adoption

The Superintendent, after meeting with the Policy Committee, shall submit proposed policies to the Board in writing, at an official meeting, for first reading and discussion. Recommendations for change, which have the consensus of the Board, shall be made known to the Superintendent.

The final version of the proposed policy shall be presented for second reading/adoption at the next regular meeting of the Board, unless otherwise ordered.

Under unusual circumstances, the Board may take immediate action on a proposed policy. Policies shall take effect at the time of approval, unless otherwise specified.

1510.2   Dissemination

The Superintendent shall establish and maintain an orderly plan for preserving, updating, and making accessible the policies adopted by the Board and the administrative rules and regulations needed to implement the policies.

1510.3   Policy Development System

All approved policies and administrative regulations shall be available for examination by any employee or any interested citizen. Current copies shall be distributed among District buildings and personnel as designated by the Board or Superintendent

1510.4   Adoption and Amendment of Bylaws

The Board shall adopt new Bylaws and delete or modify existing Bylaws as the need arises.

Adoption and/or amendments to the Bylaws of the Board shall be made after two readings by the Board. The Bylaws of the Board may then be amended at any regular, special, or adjourned meeting of the Board by a majority vote of the members elected to and serving on the Board.

Approved:       December 11, 2002

1515 BOARD MEMBER ACCESS TO PERSONNEL RECORDS

Board member access to District personnel records shall be subject to the following rules:

Examination of employee personnel records by the Board of Education shall be done in accordance with the Open Meetings Act;
Personnel records shall, in their entirety, be returned to the custody of the Superintendent at the conclusion of the examination;
Information obtained from employee personnel records by members of the Board shall be used only for the purpose of aiding the members in fulfilling their legal responsibilities in making decisions in such matters as appointments, assignments, promotions, demotions, remuneration, discipline, and dismissal or to aid the development and implementation of personnel policies, or for such other uses as are necessary to enable the Board to carry out its legal responsibilities; and
If a Board member acting as an individual requests access to an individual’s personnel records, the request will be handled in the same manner as is required by the Freedom of Information act.

Approved:       December 11, 2002

1517  BOARD MEMBER FILES

Board member files will be purged after six months of a member leaving office.

Approved:       July 12, 2006

1520  TRANSFER OF TERRITORY

It shall then become the responsibility of the administrative staff of the District to complete all legal requirements in matters of transfer of territory.

1520.1   Authority

State law provides the Board of Education may, in its discretion, detach territory from one District and attach it to another when requested to do so by:

Resolution of the Board of any District whose boundaries would be changed by such action: (resolution must be taken at a regular or special Board meeting);
When petitioned by not less than two-thirds (2/3) of the resident owners of the land to be transferred;
Board action must be taken within sixty (60) days of the receipt of such resolution petition.

1520.2   Eligible Property

Only property contiguous to the requested Districts may be detached or set over.

1520.3   Extent of Transfer

The Board may transfer property whose total valuations do not exceed ten (10) percent of the District from which detached. If the valuation of the detached property is in excess of ten (10) percent of the valuation, such transfer must be approved by an affirmative vote of the majority of the school-tax electors of the District from which property is being detached.

1520.4   Notice of Transfer

Upon receipt of requests for property transfer, the Superintendent shall call a meeting of the Board to act on the proposed transfer. Notice of such meeting shall:

Be given at least ten (10) days before meeting;
Contain the proposed alterations in school District boundaries; and
Be published in a newspaper of general circulation in the territory of the affected Districts.

1520.5        Transfer of Property Located in Multiple Counties

When the Districts involved in the transfer extend into more than one (1) county, or when the transfer would result in the extension of school Districts boundaries into two (2) or more counties, the petition may be addressed to and filed with the ISD Board of any one of the affected counties.

The Superintendent so notified shall call a joint meeting of the affected Boards and provide the proper notices. At the joint meeting of the ISD Boards, a Chairman and another Secretary shall be elected.

1520.6  Effective Date

The resolution of the Intermediate Board or the Intermediate Boards ordering the transfer of property shall indicate the effective date of such transfer. This date shall not be less than ten (10) days from the date of the resolution.

1520.7   Bonded Indebtedness

If the territory is transferred from a District which has bonded indebtedness incurred after December 8, 1932, such territory shall continue to assume its proportionate share of the existing bonded indebtedness of that District and shall not be liable for any bonded indebtedness of the District to which it is attached that exists at the time of transfer until the existing bonded indebtedness of the District from which detached has been retired.

1520.8   Remapping of the Districts

Upon the alteration of the District boundaries, the Board(s) shall prepare a map showing the boundaries of the District before alteration, and another map showing the boundaries following the alteration. Such map must bear the certification of the ISD Superintendent or the Secretary of the joint Board and be filed with:

The Secretary of each affected School District;
The affected township supervisor or other assessing officials; and
The State Department of Education.

1520.9   Refusal to Transfer

The Board will refuse property transfers when requested for such reasons as:

a.Dislike of a particular teacher, administrator, or Board member;

b.Attempted transfer because of anticipated lower taxed;

c.Attempted transfer in the belief the property would then become more saleable;

d.Feelings of loyalty because some member of the family attended school in the District to which annexation is requested; or

e.Relative financial status of the District involved.

1520.10 Appeal

Any resident owner of land considered for transfer or the Board of any District whose boundary is affected may appeal the action of the Intermediate Board in transferring such land or in failing to transfer such land. Such appeal should be filed with the State Board of Education within ten (10) days after such action or lack of action by the Intermediate Board or Boards. Appeals should be addressed to the Superintendent of Public Instruction, Secretary of the State Board of Education.

If the Intermediate Board fails to take action within sixty (60) days upon a petition or resolution to transfer territory, the owners of the territory or the Board of any affected District may appeal directly to the State Board of Education.

Approved: December 11, 2002           Legal Reference: MCL 380.976; MSA 15.4951 through 15.4976

1570  REVIEW OF ADMINISTRATIVE REGULATIONS (Cf. 2750)

The Superintendent may prepare administrative guidelines for the administration of the Intermediate District, which are not inconsistent with statutes or regulations of the State Board or the policies of this Board.

All rules/regulations or procedures developed pursuant to the Board’s policies shall conform to the intent of the policies. The Board shall not normally approve or adopt administrative rules/regulations or procedures except those instances in which the Superintendent or legal counsel believe such formal adoption shall be necessary or desirable because of potential litigation, public attitudes, or possible student or staff reaction. The Board gives the Superintendent authority to develop and implement all necessary rules/regulations or procedures authorized by Board policy or state statute. Rules/regulations or procedures shall be published in the appropriate staff and student handbooks.

Such administrative rules/regulations or procedures shall be binding on the employees and the students of this District when issued.

Approved:       December 11, 2002

1575  ADMINISTRATION IN ABSENCE OF POLICY

The Superintendent shall be delegated the authority to take necessary action in circumstances not provided for in Board policy, provided that such action shall be reported to the Board at the meeting next following such action.

Approved: December 11, 2002           Legal Reference: MCL 380.653, 380.1300

1600  BOARD RECORDS AND REPORTS

1600.1   Records

The Board delegates to the Superintendent the authority to establish and maintain a system of records in accordance with the Michigan Freedom of Information act. Every effort shall be made to provide public access to these public records subject to disclosure under the act.

1600.2   Reports

The Board shall publish or maintain reports as required by law. In addition, the Board shall publish other reports it deems necessary to keep the community and governmental authorities adequately informed on the operation of the District.

Approved: December 11, 2002           Legal Reference: MCL 380.1202, 380.1203, 380.1204; 380.1213; OAG Opinion # 5505                      

1650  ASSOCIATION MEMBERSHIPS

The Board of Education may maintain institutional memberships in educational organizations that the Board finds to be of benefit to members and District personnel.

The materials and other benefits of these memberships will be distributed and used to the best advantage of the Board and staff.

Approved: December 11, 2002           Legal Reference: MCL 380.601a

1750  BOARD SELF-ASSESSMENT/EVALUATION

The primary purpose for Board self-evaluation is for the improvement of Board leadership. In evaluation the Board’s functions and roles, the Board may focus attention to the following:

The Board shall assess the needs of the District’s students, establish priorities, and allocate the personnel and financial resources to meet the student’s needs;
The Board shall know the standards against which they will evaluate themselves and be involved in the development of those standards;
The evaluation should include a discussion of strengths and  weaknesses; and
The Board should be free to comment on any area related to its function of directing the District.

The Board and Superintendent may cooperatively develop an evaluation plan that annually evaluates the various aspects of the Board’s functions, duties and roles.

Approved:       December 11, 2002

1950  BOARD MEMBER ETHICS (Cf. 1035)

As members of the Board of Education, Board members will strive to improve public education and to that end, they will:

Remember always that their first and greatest concern must be for educational welfare of the students attending the public schools;
Attend all regularly scheduled Board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings;
Recognize that they should endeavor to make policy decisions only after full discussion at publicly held Board meetings;
Render all decisions based on the available facts and independent judgment, and refuse to surrender that judgment to individuals or special interest groups;
Encourage the free expression of opinion by all Board members, and seek systematic communications between the Board and students, staff and all elements of the community;
Work with the other Board members to establish effective Board policies and to delegate authority for the administration of the District to the Superintendent; inform themselves about current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by the State and National School Boards Associations;
Support the employment of those persons best qualified to serve as school staff, and insist on a regular and impartial evaluation of all staff;
Avoid being placed in a position of conflict of interest, and refrain from using their Board positions for personal or partisan gain; and
Take no private action that will compromise the Board or administration, and respect the confidentiality of information that is privileged under applicable law.

The Board shall make the staff and citizens aware that only the Board, not individual members, has the right to take official action for the District. Board members may be contacted for discussion of District business or for complaints. The Board member may listen, but shall not make a commitment on behalf of the Board. The individual Board member does not and cannot speak for the Board or the Superintendent.

If a specific complaint needs attention, the Board member shall explain the District’s chain of command for handling complaints or refer the complainant to the Superintendent. The Board member also shall inform the complainant of the process for bringing items to the Board through the Board’s agenda or through the public participation portion of the Board meeting.

Approved: December 11, 2002           Legal Reference: OAG Opinion #5286. Source: Board of Directors, National School Boards Association

1952  BOARD MEMBER CONFLICT OF INTEREST

Preamble

ISD Board members and administrators shall perform their duties in a manner free from conflict of interest to assure the proper performance of school business as well as to earn and keep public confidence.

No ISD Board member or administrator shall engage in or have financial interest in any activity that conflicts or raises a reasonable question of conflict with his or her duties and responsibilities.

The ISD Board shall direct the administration to draft additional guidelines to conform to the intent of this policy.

Substantial Conflict of Interest

If an ISD Board member or administrator has a substantial conflict of interest in a proposed contract for services, supplies or equipment, the Board shall not enter into that contract.  A “substantial conflict of interest” means “. . .a conflict of interest on the part of an Intermediate School Board member or Intermediate School District administrator in respect to a contract with the Intermediate School District that is of such substance as to induce action on his or her part to promote the contract for his or her own personal benefit.

An ISD Board member or administrator is prohibited from entering into a contract if the member or administrator has a substantial conflict of interest. Excluded from substantial conflict of interest are situations as described in section 380.634(5) of the Revised School Code.

Conflict of Interest Disclosure

An ISD Board member, administrator or employee involved in the contracting process who is employed by or under contract with a business enterprise with which the ISD is considering entering into a contract, or knows that he or she has a family member who has an ownership interest or is employed by that business enterprise, the Board member, administrator, or employee is required to disclose this information to the ISD Board at a public meeting before the ISD Board enters into the contract. The ISD Board is required to vote at the public meeting on whether or not it considers the relationship to be a conflict of interest. A “family member” means “. . . a person’s spouse or spouse’s sibling or child; a person’s sibling or sibling’s spouse or child; a person’s child or child’s spouse; or a person’s parent or parent’s spouse, and includes these relationships as created by adoption or marriage.” Determination of the existence of a conflict of interest does not prohibit the Board from entering into the contract.

Contracts of Public Servants with Public Entities Act

An ISD Board member and administrator shall comply with the requirements of the Contracts of Public Servants with Public Entities Act (1968 PA 317, MCL 15.321-15.330).

Approved: February 8, 2006 

1952.1   Financial Conflict of Interest

Before voting on any contract, each Board member shall determine whether he/she has a direct or indirect personal interest in the contract.  If a personal interest exists, the Board member shall disclose the conflict of interest and shall abstain from voting on the contract. The minutes must record his/her abstention. 

If the Board member will benefit financially from the contract by $250 or more, or by 5% or more of the public cost of the contract, he or she shall disclose his/her interest to the Board in the following manners, unless the contract is for emergency repairs or services:

a.   If the benefit of the contract to the Board member is $5,000 or more, the Board member shall disclose his/her interest at a School Board meeting. The Board shall not vote on the contract at the meeting where this disclosure is made, but shall schedule another meeting for the vote. The Board shall wait at least 7 days following the meeting at which the conflict is disclosed before voting on the contract.

b.   If the benefit from the contract to the Board member is at least $250 or 5% or more of the contract cost, but not more than $5,000, the Board member shall make a written disclosure to the President of the Board at least 7 days before the meeting at which a vote will be taken on the contract (this disclosure must be made public in the same manner that public notice is given for the Board meeting); or as an alternative, the Board member may choose to disclose the benefit at a school Board meeting in the same manner as required in paragraph "A".

In both cases, the disclosure shall become a matter of record in the minutes. The minutes must also show: 

1.   The name of each party involved in the contract;

2.   The terms of the contract (duration, financial consideration, facilities or services of the school District included in the contract, and nature and degree of assignment of District employees for fulfilling the contract); and

3.   The nature of any pecuniary interest.

The motion to approve the contract must then pass by a 2/3 vote of the Board members elected to and serving on the Board without the vote of the abstaining member.

If the amount of the direct benefit to the Board member is less than $250 and less than 5% of the public cost of the contract, the Board member shall file a sworn affidavit with the Board stating so. In this instance, or if the contract involved is for emergency repairs or services, the Board member shall, as a minimum, disclose the conflict of interest at the meeting at which the matter is to be voted on.

Approved: December 11, 2002           Legal Reference: MCL 388.1769b; 15.231-330, as amended by Public Act 145 of 1997

1955   INDEMNIFICATION 

The Board may hold harmless, indemnify, pay, settle, or compromise a judgment against a Board member to the extent allowed under the law.

Approved: December 11, 2002.          Legal Reference: MCL 691.1408 et seq. Detroit Area Agency on Aging v Office of Services To the Aging, 210 Mich App 708; 534 NW2d 229 (1995)