Ida Public School District
Bylaws & Policies
 

0140 - MEMBERSHIP

0141

Number
 
 

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

M.C.L. 380.11a
 

0142

Election/Appointment
 

0142.1

Electoral Process
 
 

The number of members of the Board shall remain the same as before July 1, 1996 unless changed by the School electors at a regular or special School election. A ballot question for changing the number of Board members may be placed on the ballot by action of the Board or by petition submitted by School electors as provided under Michigan election law (M.C.L. 168.301 to 168.315).
 
 

Members of the Board shall be elected in the November even year general election (the first Tuesday after the first Monday) in a manner that is consistent with State law.
 
 

A special election may be called by the Board as provided under Michigan election law (M.C.L. 168.301 to 168.315).
 
 

M.C.L. 168.301 et seq.
 

0142.2

Qualifications
 
 

An individual is eligible for election as a School Board member if the individual is a citizen of the United States and is a qualified and registered elector of the School District by the filing deadline.
 
 

M.C.L. 168.302
 

0142.3

Term
 
 

Members of the Board shall be elected by the School electors for terms of four (4) years.
 
 

At each regular School election, members of the Board shall be elected to fill the positions of those whose terms will expire. A term of office begins as provided by law (M.C.L. 168.302) and continues until a successor is elected and qualified.
   
 

At least one (1) School Board member for a School District shall be elected at each of the School District’s regular elections. A School Board member’s term of office begins January 1st, immediately following the November election.
 
 

M.C.L. 168.301 et seq.
 

0142.4

Oath
 
 

Each newly-elected Board member shall file an acceptance of office as well as an affidavit of eligibility within ten (10) days after receiving a certificate of election and shall take an oath of office as prescribed by the Constitution of Michigan.
 
 

A ceremonial oath of office may be administered at the Organizational Meeting and may be administered by any Board member, the Superintendent or a notary public.
 
 

M.C.L. 168.309, 168.310
   

0142.5

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's being adjudicated insane or being found to be 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 election or appointment being declared void by a competent tribunal
 
 

F.

the incumbent's neglect or failure to file the acceptance of office, to take the oath of office, or to give or renew an official bond required by law
 
 

G.

the failure of the District to elect a successor at the annual school meeting or election
     
 

H.

the incumbent's ceasing to possess the legal qualifications for holding office
 
 

I.

the incumbent's residence being removed from the School District
 
 

If less than a majority of the offices of the District becomes vacant, the remaining members of the Board shall fill the vacancy immediately.
 
 

If the vacancy is not filled within thirty (30) days after it occurs, the Board of the Intermediate School District shall fill the vacancy by appointment.
   
 

A person elected or appointed to fill a vacancy on the Board shall file an acceptance of office and shall hold office until the next regular school election.
 
 

M.C.L. 168.310, 168.311
 
 

Filling a Board Vacancy
 
 

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

A.

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

B.

All applicants are to submit a notice of their interest, in writing, to the secretary of the Board.
 
 

C.

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

0142.6

Recall
 
 

Any member of the Board may be recalled pursuant to M.C.L. 168.951 et seq.
   

0142.7

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 his/her first regular meeting as a Board member for his/her use and possession during the term on the Board the following items:
 
 

A.

a copy of the Board policy manual
 
 

B.

the current budget statement, and related fiscal materials
 
 

C.

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

D.

The Board shall encourage the attendance of each new Board member at orientation and training meetings.
   

0143

Authority
 
 

Individual members of the Board do not possess the powers that reside in the Board of Education. The Board speaks through its minutes and not through its individual members. An act of the Board shall not be valid unless approved at an official meeting by at least a majority vote of the members elected to and serving on the Board. M.C.L. 380.1201
 
 

No member of the Board shall be denied documents or information to which s/he is legally entitled and which are required in the performance of his/her duties as a Board member.
   
 

Access to District personnel records shall be subject to the following rules:
 
 

A.

Examination of school employee personnel records by the Board of Education shall be conducted in accordance with the Open Meetings Act.
 
 

B.

Personnel records shall, in their entirety, be returned to the custody of the Superintendent at the conclusion of the Board meeting.
 
 

C.

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.
   

0143.1

Public Expression of Board Members
 
 

The Board President functions as the official spokesperson for the Board.
 
 

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

A.

to local media;
 
 

B.

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 these 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.
 
 

A.

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:
     
 

1.

correspondence, such as legislative proposals, when the Board member has received official guidance from the Board on the matters discussed in the letter
     
 

2.

routine, not for publication, correspondence of the Superintendent and other Board employees
     
 

3.

routine "thank you" letters of the Board
     
 

4.

statements by Board members on nonschool matters (providing the statements do not identify the author as a member of the Board)
 

5.

personal statements not intended for publication
     
 

B.

A Board member's personal or private use of social media may have unintended, negative consequences to the Board member and/or the District, including possible violations of the Open Meetings Act and issues relating to creation of a public record. Postings to social media should be done in a manner sensitive to the Board member's responsibilities, applicable District policies, and legal obligations.
     
 

Revised 9/10/18
 

0144

Operations
 

0144.1

Compensation
 
 

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.
 
 

M.C.L. 380.11a, 380.1254
 
 

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

A.

Expenses will be reimbursed only for activities authorized by the Board.
 
 

B.

Reimbursement for mileage will not exceed the current rate established by the Internal Revenue Service.
 
 

C.

Attendance at Board-approved conferences should be at the location closest to the District.
     
 

D.

When attending a Board-approved conference, fees, parking, mileage, meals, and housing will be reimbursed.

 
 

A voucher detailing the amount and nature of each expense must be submitted to the Board for approval at a Board meeting after the expenses have been incurred and prior to reimbursement.
 
 

Board members may use District credit or debit cards only in accordance with Board Policy 6423 and the accompanying administrative guidelines.
   
 

A member or former member of the Board shall not accept employment or compensation for that employment, in any capacity, with Ida Public Schools until 365 days have elapsed since that person was last a sitting member of the Board.
 
 

Revised 1/9/17
 

Revised 4/9/18
 

0144.2

Board Member Ethics
 
 

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

A.

attend all regularly scheduled Board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings;
 
 

B.

recognize that they should endeavor to make policy decisions only after full discussion at publicly held Board meetings;
   
 

C.

render all decisions based on the available facts and independent judgment, and refuse to surrender that judgment to individuals or special interest groups;
 
 

D.

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;
 
 

E.

work with the other Board members to establish effective Board policies and to delegate authority for the administration of the District to the Superintendent;
 
 

F.

communicate to other Board members and the Superintendent expressions of public reaction to Board policies and school programs;
 
 

G.

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;
 
 

H.

support the employment of those persons best qualified to serve as school staff, and insist on a regular and impartial evaluation of all staff;
 
 

I.

avoid being placed in a position of conflict of interest, and refrain from using their Board positions for personal partisan gain;
 
 

J.

take no private action that will compromise the Board or administration, and respect the confidentiality of information that is privileged under applicable law;
 
 

K.

remember always that their first and greatest concern must be for the educational welfare of the students attending the public schools.
 
 

Source: Board of Directors, National School Boards Association
   
 

WE BELIEVE
   
 

THAT in a society in which sovereignty resides in the people, it is the function of government to administer to their common welfare, and that equal opportunity for justice, freedom of worship, of speech, of assembly, and of press are inherent rights of the individual;
   
 

THAT an effectively operated public education program on the elementary, secondary and higher education levels contributes to society;
   
 

THAT education is a State function, that school districts are organized for the purpose of maintaining public schools, that their creation is authorized by constitutional provisions and by the general statutes which confer upon them all their powers, prescribe all their duties and impose all limitations to which they are subject;
   
 

THAT pursuant to the preceding paragraph the policies adopted by the Board of Education and the administrative rules and regulations relating thereto, as developed by school officials, should recognize the specific rights, duties and responsibilities of each agency, office or individual to take appropriate action in terms of these policies and rules and regulations. The Board of Education should delegate the administrative function on the school to its executive officer - the Superintendent of schools, and through him to other administrative officers, instructional and non-instructional personnel;
   
 

THAT decisions affecting the complex problems of organizing, of administering, of developing the curriculum, and of securing financial support for the schools should be made in terms of 'what is best for the child, society and the nation' to the end that each child shall receive the best possible education in relation to his abilities, interests and potentialities;
   
 

THAT the development of effective public education demands that the rights, duties and responsibilities of the Board of Education and the Superintendent shall be recognized and that appropriate relationships shall be established and observed as presented herewith;
   
 

AS A BOARD MEMBER, I SHALL:
   
 

A.

recognize the function of the Board of Education as being legislative and judicial;
     
 

B.

delegate executive responsibilities to the Superintendent of schools and through him to other administrative and staff personnel the function of administering the schools in accordance with statutory law, requirements prescribed by the State constitution, and State Department of Public Instruction and adopted policies of the Board of Education;
     
 

C.

require that the policies adopted by the Board of Education shall be codified, made available and kept up to date as required by periodic reexamination;
     
 

D.

require that the administrative rules and regulations shall be in harmony with Board of Education policy, codified, made available and kept up to date;
     
 

E.

act on legislative matters only after seeking and receiving pertinent information, after receiving the Superintendent's recommendation and after full discussion by the Board of Education;
     
 

F.

recognize that Board of Education members should act in what is conceived to be the best interests of the entire community;
     
 

G.

recognize that authority to act rests with the entire Board of Education and that business shall be transacted only in official meetings;
     
 

H.

refrain from making commitments to individuals or organizations as an individual member of the Board of Education;
     
 

I.

subordinate personal differences in order that actions of the Board may be effective;
     
 

J.

recognize that actions of a Board remain in effect until modified;
     
 

K.

require that meetings of the Board of Education be conducted on the basis of a planned agenda prepared by the Superintendent of schools in accordance with Board policies and made available together with pertinent information relative to items on it to members of the Board for study prior to the Board meeting;
     
 

L.

submit items to be placed on the agenda in ample time so that the Superintendent of schools may assemble information bearing on the subject;
     
 

M.

require the Superintendent of schools to keep the Board continuously and adequately informed concerning the school program, its problems - current and anticipated, so that the Board may operate in conformity with General School Laws;
     
 

N.

keep the Superintendent and fellow members of the Board of Education advised of community reaction to the school program and to school policies;
     
 

O.

listen courteously to citizens with questions and complaints referring them to an appropriate member of the school staff in accordance with the policies of the Board of Education;
     
 

P.

refer personal requests and criticisms by employees directly to the appropriate administrative officer in accordance with the policies of the Board of Education;
     
 

Q.

act on the selection, assignment, transfer, promotion, demotion or dismissal of school personnel, both certified and non-certified only after submission of a recommendation by the Superintendent. (If a recommendation of a new employee by the Superintendent of schools is not accepted by the Board, the Superintendent shall be requested to make another recommendation);
     
 

R.

participate in count, regional, State and national association of school Board members.
     
 

S.

vote to employ the most competent person available for the position of Superintendent of schools after a careful canvass of all available candidates;
     
 

T.

support the Superintendent of schools as an administrator of Board of Education policies;
     
 

U.

hold the Superintendent responsible for acceptable standards and results in the operation of the school system;
     
 

V.

Support reasonable tenure, and, in the case of any dissatisfaction with the services of school administrator expect the following procedures:
     
 

1.

the preparation of a written, clear-cut statement of any dissatisfaction or deficiencies and a mutual discussion of any deficiencies
   
 

2.

the allowance of an agreed upon period of time for the administrator to correct stated inadequacies
   
 

3.

the opportunity for the administrator to meet with the Board prior to any final decision regarding termination of his services. At this point the Board shall indicate deficiencies in writing, and the administrator shall have the right to be represented by counsel
   
 

4.

provision of at least ninety (90) days' notice to a Superintendent of schools prior to the end of a contract period if appointment as Superintendent is not to be continued
   
 

W.

work with others on the Board to crystallize the educational ideals, values and goals of the community into concepts of policy and see to it that these are translated into actual practice by the Superintendent and the staff;
     
 

X.

recognize my responsibility to work with elected county, State and national officeholders to see that educational needs of youth are met.
   
 

AS A SUPERINTENDENT, I SHALL:
     
 

A.

make application for the position of Superintendent of schools only when the position has been properly declared vacant by the Board of Education;
     
 

B.

represent objectively and honestly my qualifications in applying for the position of Superintendent of schools;
     
 

C.

refrain from terminating my contract with a Board of Education without the consent of the Board;
     
 

D.

respect the legislative and the judicial functions of the Board of Education;
     
 

E.

serve as the executive officer of the Board. Attend all meetings of the Board except when matters concerning my employment are under consideration, unless Board and Superintendent agree beforehand that an exception be made;
     
 

F.

formulate, with members of the school staff, Board of Education and lay groups, recommendations to be made to the Board of Education;
     
 

G.

present to the Board of Education for its advice and counsel, administrative rules and regulations implementing the policies of the Board;
     
 

H.

keep the Board of Education continuously and adequately informed concerning the school program, curriculum and problems - current and anticipated, as provided in General School Laws;
     
 

I.

accept items of importance to be placed on the agenda from members of the Board of Education and others, together with pertinent information relative to items on the agenda in accordance with the policies of the Board of Education;
     
 

J.

recommend for employment only the best qualified candidate for any position. (In case of Board failure to elect a person recommended, another recommendation shall be submitted);
     
 

K.

work cooperatively with the Board in formulating an organized program for the inservice education of members of the school staff;
     
 

L.

make objective recommendations with adequate supporting data to the Board of Education in regard to cases of assignment, transfer, promotion, demotion, nonrenewal of contract, or dismissal;
     
 

M.

interpret official actions of the Board of Education to school employees and community groups in faithful, accurate and objective manner;
     
 

N.

provide an effective means of communication to and from the Board of Education for employees and community groups. Establish, in co-operation with the Board, a program of school-community relations which leads to a two (2)-way flow of understanding, cooperation and mutual support;
     
 

O.

increase my efficiency and effectiveness through advanced study and through participation in professional organizations and professional conferences;
     
 

P.

assume joint responsibility with the Board of Education for fiscal problems involving the relationships of the District to local, county, State or Federal units of government and to nongovernment agencies;
     
 

Q.

recommend to the Board of Education for adoption an estimated budget for the ensuing year; assist in modifying and refining the estimated budget; administer budget adoption by the Board of Education;
     
 

R.

advise, counsel and recommend to the Board of Education the purposes and scope of the educational program;
     
 

S.

provide the Board of Education with the cooperation of the staff, and appraisal of the effectiveness of the instructional program, making recommendations for further improvement;
     
 

T.

assume responsibility for the development of an adequate program for the maintenance of school plant facilities; present a program for meeting long-range building needs;
     
 

U.

recognize that administrative leadership can be exercised best by giving direction and balance to the thinking of the Board rather than by making decisions for or on behalf of the Board:
     
 

V.

recognize that special interest and ability of Board members to work with elected county, State and national officeholders to see that the educational needs of youth are met.
     
 

Reference: CODE OF ETHICS adopted by Michigan Association of School Administrators and Michigan Association of School Boards
   
 

Revised 1/9/17
   

0144.3

Conflict of Interest
 
 

Board members shall perform their official duties in a manner free from conflict of interest. To this end:
 
 

A.

No Board member shall use his/her position as a Board member to benefit either himself/herself or any other individual or agency apart from the total interest of the School District.
 
 

B.

When a member of the Board determines that the possibility of a personal interest conflict exists, s/he should, prior to the matter being considered, disclose his/her interest (such disclosure shall become a matter of record in the minutes of the Board), and thereafter shall abstain from participation in both the discussion of the matter and the vote thereon.
 
 

C.

A member of the Board is presumed to have a conflict of interest if the member or his/her family member has a financial interest, or a competing financial interest, in the contract or other financial transaction or is an employee of the School District.
 
 

Having a child in the District does not alone constitute a conflict of interest or financial interest in a contract or other financial transaction of the School District.
     
   

"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.
 
 

1.

A Board member is not considered to have a financial interest in any of the following instances:
 
 

a.

A contract or other financial transaction between the School District and any of the following:
 
 

1)

A corporation in which the individual is a stockholder owning one percent (1%) or less of the total stock outstanding in any class if the stock is not listed on a stock exchange or owning stock that has a present market value of $25,000.00 or less if the stock is listed on a stock exchange.
 
 

2)

A corporation in which a trust, if the individual is a beneficiary under the trust, owns one percent (1%) or less of the total stock outstanding in any class if the stock is not listed on a stock exchange or owns stock that has a present market value of $25,000.00 or less if the stock is listed on a stock exchange.
 
 

3)

A professional limited liability company organized pursuant to the Michigan limited liability company act, if the individual is an employee but not a member of the company.
     
 

b.

A contract or other financial transaction between the School District and any of the following:
 
 

1)

A corporation in which the individual is not a director, officer, or employee.
 
 

2)

A firm, partnership, or other unincorporated association, in which the individual is not a partner, member, or employee.
 
 

3)

A corporation or firm that has an indebtedness owed to the individual.
 
 

c.

A contract between the School District and the intermediate school district.
 
 

d.

A contract awarded to the lowest qualified bidder, upon receipt of sealed bids pursuant to a published notice for bids if the notice does not bar, except as authorized by law, any qualified person, firm, corporation, or trust from bidding. This does not apply to any amendments or renegotiations of a contract or to additional payments under the contract that were not authorized by the contract at the time of award.
   
 

2.

If the financial interest pertains to a proposed contract with the District, the following requirements must be met:

 

a.

The Board member shall disclose the financial interest in the contract to the Board with such disclosure made a part of the official Board minutes. If his/her direct financial interest amounts to $250 or more or five percent (5%) or more of the contract cost to the District, the Board member shall make the disclosure in one (1) of two (2) ways:
 
 

1)

In writing, to the Board president (or if the member is the Board president, to the Board secretary) at least seven (7) days prior to the meeting at which the vote on the contract will be taken. The disclosure shall be made public in the same manner as the Board's notices of its public meetings. (See Bylaw 0165.)
 
 

2)

By announcement at a meeting at least seven (7) days prior to the meeting at which a vote on the contract is to be taken. The Board member must use this method of disclosure if his/her financial interest amounts to $5000 or more.
 
 

b.

Any contract in which there is a conflict of interest as defined by this bylaw and the related statute (M.C.L. 380.1203) must be approved by a majority vote of the full Board without the vote of any Board member with a financial interest.
   
 

However, if a majority of the members of the Board are required to abstain from voting on a contract or other financial transaction due to a financial interest, then for the purposes of that contract or other financial transaction, the members who are not required to abstain constitute a quorum of the board and only a majority of those members eligible to vote is required for approval of the contract or financial transaction.
   
 

c.

The official minutes of the Board disclose the name of each party involved in the contract, the nature of the financial interest, and the terms of the contract including the duration, financial consideration between the parties, facilities or services of the District included in the contract, and the nature and degree of assignment of District staff needed to fulfill the contract.
 
 

d.

A Board member with a conflict of interest in a contract may not participate in the discussion of nor vote on the contract.
   
 

D.

Board members shall not solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts involved with Federal grant funds. A Board member may, however, accept a gift of unsolicited items of "nominal value" from a contractor or party to subcontracts that do not involve Federal grant funds. For purposes of this section, "nominal value" means that the gift has a monetary value in accordance with M.C.L. 380.634.
     
   

(In accordance with M.C.L. 380.634, the Michigan Department of Education (MDE) adjusts the limits on the value of gifts that may be accepted from vendors or potential vendors for Intermediate School District employees. The fiscal year 2014 - 15 cap for gifts was $56.)
     
   

Board members must disclose any potential conflict of interest which may lead to a violation of this policy to the full Board.
 
 

E.

A Board member may be appointed to serve as a volunteer coach or supervisor of a student extra-curricular activity if all of the following conditions are present:
   
 

1.

the Board member receives no compensation for service as a volunteer coach or supervisor;
   
 

2.

the Board member abstains from voting on issues before the Board concerning the program during the period of time s/he serves as a volunteer coach or supervisor;
   
 

3.

there is no other qualified applicant available to fill a vacant position; and
   
 

4.

the appointing authority has received the results of a criminal history check and criminal records check from the Michigan State Police or the Federal Bureau of Investigation for the Board member.
 
 

M.C.L. 15.183, 15.323, 380.1203
   
 

See also, Policy 6420, Conflict of Interest - Legal Counsel, Advisors, or Consultants.
   
 

Revised 3/14/16
 

Revised 8/8/16
 

0144.4

Indemnification
 
 

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

M.C.L. 691.1408
 

0145

Discriminatory Harassment
 
 

The Board of Education’s intent is to provide an environment that fosters the respect and dignity of each person. To this end, the Board is committed to maintaining an environment free of harassment and intimidation.
   
 

Sexual harassment includes all unwelcome sexual advances, requests for sexual favors, and verbal or physical contacts of a sexual nature whenever submission to such conduct is made a condition of employment or a basis for an employment decision. Other prohibited conduct includes that which has the purpose or effect of creating an intimidating, hostile, discriminatory, or offensive environment on the basis of gender, religion, race, color, national origin or ancestry, age, disability, height, weight, marital status, and/or any other legally protected characteristic.
 
 

The harassment of a student, staff member, or third party (e.g. visiting speaker, athletic team member, volunteer, parent, etc.) is strictly forbidden. Any person who is found to have violated this policy will be subject to discipline in accordance with law.
 
 

M.C.L. 380.1300a

© Neola 2018