0161

Parliamentary Authority

The parliamentary authority governing the Board of Education shall be Robert's Rules of Order, Newly Revised, in all cases in which it is not inconsistent with statute, administrative code, or these bylaws.

0162

Quorum

Three (3) members present in person at a meeting shall constitute a quorum, and no business shall be conducted in the absence of a quorum. R.C. 3313.18

Revised 3/16/06

0163

Presiding Officer

The President shall preside at all meetings of the Board. In the absence, disability, or disqualification of the President, the Vice-President shall act instead; if neither person is available, any member shall be designated by a plurality of those present to preside. The act of any person so designated shall be legal and binding.

0164

Notice of Meetings

A.

A schedule of the time and place of all regular meeting(s) shall be published annually in the official newspaper(s) and posted at the District office.

B.

Notice of the time, place, and purpose of each special meeting shall be given to the news media twenty-four (24) hours in advance of the meeting, except that when an emergency requires the immediate official action of the Board, the member(s) calling the meeting shall immediately notify the media requesting such notice of the time, place, and purpose of the meeting. R.C. 121.22

C.

Notice of meetings at which the specific type of public business is to be discussed shall be sent to all persons requesting such notice.

D.

The Treasurer shall notify all Board members of each Board meeting no later than two (2) days in advance of the meeting. Such notice shall include the time, place, and purpose of the meeting.

R.C. 3313.16

0165.1

Regular Meetings

Regular meetings of the Board shall be public and held at least once every two (2) months. R.C. 121.22, 3313.15

A.

It shall be the responsibility of the Superintendent, in cooperation with the Board President, to prepare an agenda of the items of business to come before the Board at each regular meeting.

B.

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 s/he shall make.

C.

The agenda for each regular meeting shall be mailed or delivered to each Board member so as to provide proper time for the member to study the agenda.

D.

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 altered and items added at any meeting by a majority vote of the members present.

0165.2

Special Meetings

Special meetings of the Board shall be public. R.C. 121.22

A.

Special meetings shall be called by the President or the Treasurer or by two (2) members of the Board by serving a written notice of the time, place, and purpose of such meeting upon each Board member at least two (2) days in advance of the meeting. R.C. 3313.26

B.

The agenda as presented shall be followed unless altered by the presiding officer.

0165.3

Recess

The Board may adjourn or recess at any time. The adjourned meeting, when reconvened, shall take up its agenda at the point where the motion to adjourn or recess was acted upon.

Revised 11/11/01

0166

Executive Session

The Board and its committees and subcommittees reserve the right to meet privately in executive session solely to discuss one (1) or more of the following issues exempted from public sessions:

A.

consideration of the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee, official, or student

B.

Investigation of charges or complaints against a public employee, official, licensee, or student unless such employee, official, licensee or student requests a public meeting; except that consideration of the discipline of a Board member for conduct related to the performance of his/her duties or his/her removal from office shall not be held in executive session

C.

consideration of the purchase of property or sale of property at competitive bidding, if premature disclosure or information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest

D.

discussion, with the Board's legal counsel, of disputes involving the Board that are the subject of pending or imminent court action

E.

preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of employment

F.

matters required to be confidential by Federal law or rules or State statutes

G.

specialized details of security arrangements where disclosure might reveal information that could be used for the purpose of committing or avoiding prosecution for a violation of law

No official action may be taken in executive session. R.C. 121.22

Collective bargaining meetings between employers and employee organizations are private and not subject to R.C. 121.22. R.C. 4117.21

An executive session will be held only at a regular or special meeting. After the meeting is convened, any member may make a motion for an executive session, and must state the purpose or purposes of the session by citing one (1) or more of the reasons set forth above. If the session is to discuss a personnel matter listed in paragraph A above, the particular subject for which the session has been called must be identified in the motion. The motion does not need to name the person. Upon receiving a second to the motion and a majority roll-call vote of those present and voting, the chairperson shall declare the Board in executive session.

All members of the Board, committee or subcommittee are entitled to attend executive sessions. The Board, committee or subcommittee may invite any other person to attend an executive session.

Revised 3/16/06

0167

Voting

All motions shall require for adoption a majority vote of those present and voting, except as provided by statute, these bylaws, or parliamentary authority. Upon the demand of any member of the Board, the vote shall be recorded by roll call.

Unless a specified number of affirmative votes is required, an abstention shall be recorded and deemed to consent to the outcome of the voting. In situations in which a tie vote occurs and abstentions have been cast, the motion shall fail for lack of a majority.

All actions requiring a vote can be conducted by voice vote or show of hands, unless a roll-call vote is requested or required. A Board member must be physically present at the meeting to vote. Each vote and abstention shall be recorded. Proxy voting is prohibited. R.C. 3313.18

Number

R.C.

Item

Needed

Reference

Declaring it

necessary to issue

Majority

bonds

Full Board*

3313.18

Declaration by

remaining members,

that reasons for a

member's absence for

ninety (90) days

are insufficient to

2/3, Full

continue membership

Board

3313.11

Majority,

Filling a vacant

Remaining

Board seat

Members

3313.11

Purchase or sell real

Majority,

estate

Full Board

3313.18

Appointment of any

Majority,

employee

Full Board

Number

R.C.

Item

Needed

Reference

Elect or appoint an

Majority,

officer

Full Board

3313.18

Pay any debt or claim

Majority,

Full Board

3313.18

Adopt textbook

Majority,

Full Board

3313.18

Dispense with resolution

authorizing purchase or

sale of personal property,

appointment of employees,

etc., if annual

appropriation resolution

has been adopted by a

majority of full

Majority,

membership

Full Board

3313.18

Removal of the Treasurer

or Pro Tempore at any time

2/3, Full

for cause

Board*

3313.23

Appointment of Treasurer

Majority,

Pro Tempore

Full Board

3313.23

Determination that

Treasurer's incapacity

Majority,

is removed

Full Board

3313.23

Affirm, reverse, vacate

or modify an order of

student expulsion;

Majority,

reinstate a student

Full Board

3313.66(E)

Number

R.C.

Item

Needed

Reference

Appointment of

Majority,

Superintendent Pro Tempore

Full Board

3319.011

Removal of Superintendent

Pro Tempore at any time

2/3, Full

for cause

Board*

3319.011

Reemployment of a teacher

whom the Superintendent

3/4, Full

refuses to recommend

Board

3319.07

Reemployment of a teacher

after considering two

nominations by the Educational

Majority, Full

Service Center Superintendent

Board

3319.07

Rejection of the

Superintendent's

recommendation that a

teacher eligible for

continuing contract be

3/4, Full

reemployed

Board*

3319.11

Reemployment of another

administrator whom the

Educational Service Center

Superintendent refuses to

3/4, Full

nominate

Board

3319.02

Selection of textbooks

Majority, Full

Board

Change, revision, or

substitution of textbooks

during four-year period

4/5, Full

after adoption

Board*

3329.08

Transfers of funds in

2/3, Full

certain cases

Board

5705.14

Number

R.C.

Item

Needed

Reference

Resolution declaring the

necessity for certain

Majority,

transfers of funds

Full Board

5705.16

Levying a tax outside

10-mill limitation (not

2/3, Full

emergency)

Board

5705.21

Rejection of findings and

recommendations of

fact-finding panel by

Board or employee

organization under

statutory impasse

3/5, Full

resolution procedure

Board

4117.14(c)(6)

*2/3 AND 4/5 = 4 MEMBERS OF A FIVE-PERSON BOARD

Revised 11/11/01

0167.1

Use of Electronic Mail

Since E-mail is a form of communication that could conflict with the Sunshine Law, it will be used only for the purposes of communicating:

A.

messages between Board members or between a Board member and employee(s) which do not involve deliberating or rendering a decision on matters pending before the Board;

B.

possible agenda items between the Superintendent and the Board President;

C.

times, dates, and places of regular or special Board meetings;

D.

a Board meeting agenda or public record information concerning items on the agenda;

E.

requests for public record information from a member of the administration, school staff, or community pertaining to District operations;

F.

responses to questions posed by members of the public, administrators, or school staff.

Under no circumstances shall Board members use E-mail to discuss among themselves Board business that is only to be discussed in an open meeting of the Board, is part of an executive session, or could be considered an invasion of privacy if the message were to be monitored by another party.

There should be no expectation of privacy for any messages sent by E-mail. Messages that have been deleted may still be accessible on the hard drive, if the space has not been occupied by other messages. Messages, deleted or otherwise, may be subject to disclosure under the Public Records Act, unless an exemption would apply.

0168

Minutes

The Treasurer shall keep reasonably comprehensive minutes of all its meetings showing the time and place, the members present, the subjects considered, a summary of the deliberations sufficient enough for the public to understand the basis for the Board's actions, the actions taken, the vote of each member on roll-call votes, and any other information required to be shown in the minutes by law, which shall be available to the public. R.C. 121.22, 149.43, 3313.26) Minutes of executive sessions shall reflect the general subject matter of discussions. R.C. 121.22

The Treasurer shall provide each Board member with a copy of the minutes of the last meeting no later than three (3) days before the next regular meeting.

The minutes of Board meetings shall be considered at the next succeeding meeting where they shall be read (unless waived by law), corrected, and approved. The approved minutes shall be signed by the Treasurer and the President.

The approved minutes shall be filed in the Treasurer's office in a prescribed minute book as a permanent record of official Board proceedings.

R.C. 149.43, 3313.26

0169.1

Public Participation at Board Meetings

The Board of Education recognizes the value to school governance of public comment on educational issues and the importance of allowing members of the public to express themselves on school matters of community interest.

Any person or group wishing to place an item on the agenda shall register their intent with the Superintendent or Board President no later than one (1) week prior to the meeting and include:

A.

name and address of the participant;

B.

group affiliation, if and when appropriate;

C.

topic to be addressed.

Such requests shall be subject to the approval of the Superintendent and the Board President.

In order to permit the fair and orderly expression of such comment, the Board shall provide a period for public participation at those public meetings of the Board during which action may be taken and publish rules to govern such participation in Board meetings.

The presiding officer of each Board meeting at which public participation is permitted shall administer the rules of the Board for its conduct.

The presiding officer shall be guided by the following rules:

A.

Public participation shall be permitted as indicated on the order of business before the Board takes official action on any issue of substance at the discretion of the presiding officer.

B.

Anyone having a legitimate interest in the actions of the Board may participate during the public portion of a meeting.

C.

Attendees must register their intention to participate in the public portion of the meeting upon their arrival at the meeting.

D.

Participants must be recognized by the presiding officer and will be requested to preface their comments by an announcement of their name, address, and group affiliation, if and when appropriate.

E.

Each statement made by a participant shall be limited to three (3) minutes duration, unless extended by the presiding officer.

F.

No participant may speak more than once on the same topic unless all others who wish to speak on that topic have been heard.

G.

All statements shall be directed to the presiding officer; no person may address or question Board members individually.

H.

Tape or video recordings are permitted. The person operating the recorder should contact the Superintendent prior to the Board meeting to review possible placement of the equipment, and must agree to abide by the following conditions:

1.

No obstructions are created between the Board and the audience.

2.

No interviews are conducted in the meeting room while the Board is in session.

3.

No commentary, adjustment of equipment, or positioning of operators is made that would distract either the Board or members of the audience while the Board is in session and not disrupt the meeting.

I.

The presiding officer may:

1.

interrupt, warn, or terminate a participant's statement when the statement is too lengthy, personally directed, abusive, obscene, or irrelevant;

2.

request any individual to leave the meeting when that person does not observe reasonable decorum;

3.

request the assistance of law enforcement officers in the removal of a disorderly person when that person's conduct interferes with the orderly progress of the meeting;

4.

call for a recess or an adjournment to another time when the lack of public decorum so interferes with the orderly conduct of the meeting as to warrant such action.

J.

The portion of the meeting during which the participation of the public is invited shall be limited to thirty (30) minutes, unless extended by a vote of the Board.

R.C. 3313.20

Revised 5/15/03

0169.2

Open Meetings/Sunshine Law

The Sunshine Law applies to the Board, and to any committee or subcommittee created by the Board or required by law or rule.

A "meeting" to which the Sunshine Law applies is any prearranged discussion of the public business of the Board, committee or subcommittee by a majority of its members, including, but not limited to, regular and special meetings, work sessions, retreats, planning meetings, and study groups. A series of prearranged meetings attended by a minority of the Board to discuss the public business, without giving proper notice, is a violation of the Sunshine Law. A majority of members may gather at social or other events, but may not discuss public business.

Adopted 3/16/06