0160 - MEETINGS

Ida Public School District

Bylaws & Policies

0160 - MEETINGS

0161	Parliamentary Authority

	The parliamentary authority governing the Board of Education is written below in all cases in which it is not inconsistent with statute, administrative code, or these bylaws.

	The Board believes it can meet as a body and proceed best with its deliberations in an atmosphere of free exchange of information and opinion unhampered by formal rules of order which are usually designed for the management of large groups or organizations. Hence, the Board shall not consider itself bound by the rules of any certain manual of parliamentary procedure.

	A resolution, offered by a member, shall not receive discussion unless another member seconds the motion.

	The President of the Board or the person chairing the meeting, may discuss and have a vote on all matters coming before the Board.

0162	Quorum

	Four (4) members present at a meeting shall constitute a quorum, and no business shall be conducted in the absence of a quorum.

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	Call

0164.1	Regular Meetings

	The Board shall hold a meeting at least once each month on a date and at a time and place determined annually by a resolution of the Board.

0164.2	Special Meetings

	Special meetings of the Board may be called by the President or by any two (2) members of the Board provided there is compliance with the notice provision of these Bylaws.

0164.3	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 the majority of the Board concur that delay would be detrimental to efforts to lessen or respond to the threat. Actual notice of any emergency meeting shall be attempted, but not required to other Board members.

0165	Notice

0165.1	Regular Meetings

	Within ten (10) days after the organizational Board meeting, the Board shall cause to be posted at the Board office and in 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 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.

0165.2	Change of Regular Meetings

	Within three (3) days after the Board adopts a resolution changing the date, time, or place of a regularly scheduled meeting, the meeting notice shall state the date, time, and place of the rescheduled meeting, as well as the name, address, and telephone number of the District. Said notice shall be posted on the front door of the Administrative Office Building and such other place(s) as the Board may determine. Said notice shall be posted at least eighteen (18) hours before the rescheduled meeting.

	M.C.L. 15.264, 15.266

0165.3	Special Meetings

	Said notice shall state the date, time, and place of such special meeting and the business to be transacted thereat, as well as the name, address, and telephone number of the District. A notice of any special meeting shall be posted at least eighteen (18) hours before said special meeting at the Board office and such other places as the Board may determine. A copy of said notice shall be served upon each member of the Board.

0165.4	Emergency Meetings

	No notice of any emergency meeting shall be required.


0165.5	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 prior to the time the meeting is to be reconvened.

	M.C.L. 15.265, 380.1201(3)(4)

0166	Agenda

	The Superintendent shall prepare and submit to each Board member a written agenda prior to 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 s/he shall make.

	Each agenda shall contain the following statement:

		"This meeting is a meeting of the Board of Education in public for the purpose of conducting the School District's business and is not to be considered a public community meeting. There is a time for public participation during the meeting."


	The agenda for each regular meeting shall be mailed, emailed, or delivered to each Board member so as to provide proper time for the member to study the agenda. Generally, the agenda should be mailed no later than seventy-two (72) hours prior to the meeting, or delivered so as 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 altered and items added at any meeting by a majority vote of the members present.

	Revised 4/9/18

0166.1	Consent Agenda

	The Board of Education shall use a consent agenda to keep routine matters within a reasonable time frame.

	Routine business items may be included in a single resolution for consideration by the Board.

	A member of the Board may request any item to be removed from the consent resolution and defer it for a specific action and more discussion. No vote of the Board will be required to remove an item from the consent agenda. A single member's request shall cause it to be relocated as an action item eligible for discussion. Any item on the consent agenda may be removed and discussed as a nonaction item or be deferred for further study and discussion at a subsequent Board meeting if the Superintendent or any Board member thinks the item requires further discussion.


0167	Conduct

0167.1	Voting

	All regular and those special meetings of the Board at which the Board is authorized to perform business shall be conducted in public. No act shall be valid unless approved at a meeting of the Board by a majority vote of the members elected or appointed to and serving on the Board and a proper record made of the vote. Meetings of the Board shall be public and no person shall be excluded therefrom. M.C.L. 380.1201

	Unless specifically authorized by Michigan conflict of interest laws, any Board member's decision to abstain shall be recorded and be deemed to acquiesce in the action taken by the majority. Failure to vote, absent a statutory exception, constitutes a breach of the Board member�s duty as a public official. In situations in which a specified number of affirmative votes is required and abstentions have been noted, the motion shall fail if the specified number of affirmative votes have not been cast. In situations in which there is a tie vote and the abstention represents the deciding vote, the motion shall fail for lack of a majority. 184 Mich App 681, 684 (1990)

	All actions requiring a vote may be conducted by voice, show of hands, or roll call provided that the vote of each member be recorded. Proxy voting shall not be permitted. Any member may request that the Board be polled.


0167.2	Closed Session

	The Board may by means of a roll call vote meet in a closed session, one closed to the public, 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, staff member, or individual agent, if the named person requests a closed hearing (a majority vote is required)

	B.	to consider the dismissal, suspension, or disciplining of a student only if the student or student's parents request a closed hearing (a majority vote is required) (Also see Bylaw 0169, Student Disciplinary Hearings)

	C.	for strategy and negotiation sessions connected with the negotiation of a collectively-bargained agreement if either negotiating party requests a closed hearing (a majority vote is required)

	D.	to consider the purchase or lease of real property up to the time an option to purchase or lease that real property is obtained (a two-thirds (2/3's) vote is required)

	E.	to consult with its attorney regarding trial or settlement strategy in connection with specific pending litigation, but only if an open meeting would have a detrimental financial effect on the litigating or settlement position of the public body (a two-thirds (2/3's) vote is required)

	F.	to consider material such as written opinions of counsel which are exempt from discussion by State or Federal statute (a two-thirds (2/3's) vote is required)


	G.	to review the specific contents of an application for employment or appointment if the candidate requests that the application remain confidential (a two-thirds (2/3's) vote is required)

		However, all interviews for employment or appointment of the Superintendent shall be held in an open meeting of the Board.

	H.	or any matter permitted by law.

	In keeping with the confidential nature of closed sessions, no member of the Board shall disclose the content of discussions that take place during such sessions. The only exceptions will be discussions with the District�s legal counsel or as directed by an order of a court with proper jurisdiction.

	It is expected that Board members shall not record nor communicate by any means, electronic or otherwise, with party or parties outside such meetings regarding the substance of such meetings either during or after the course of such meetings.

	M.C.L. 15.267, 15.268

0167.3	Public Participation at Board Meetings

	The Board of Education desires citizens of the District to attend its sessions so that they may become better acquainted with the operation and program of the schools and that the Board may have opportunity to hear the wishes and ideas of the public. All official meetings of the Board shall be open to the press and public.

	Speakers may offer such objective criticisms of school operations and programs as concern them. But the Board will not hear personal complaints of school personnel. Such complaints should be submitted in writing to the Board and aired in an open or closed session according to the wishes of the person(s) involved.


	The Board vests in its President or other presiding officer authority to terminate the remarks of any individual when they do not adhere to the rules established above.

	Persons appearing before the Board are reminded, as a point of information, that members of the Board are without authority to act independently as individuals in official matters. Thus, questions may be directed to individual Board members, but answers must be deferred pending consideration by the full Board.

	The Board 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 seven (7) days 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.

	Denial of the opportunity to have an item placed on the agenda will not preclude an individual or group from the opportunity to speak during the public participation portion of the meeting.

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

B.	Anyone with concerns related to the operation of the schools or to matters within the authority of the Board may speak during the public portion of a meeting.

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

D.	Each statement made by a participant shall be limited to five (5) minutes duration.

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

F.	Participants shall direct all comments to the Board and not to staff or other participants.

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

H.	The presiding officer may:

	1.	prohibit public comments which are frivolous, repetitive, or harassing;


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

	3.	request any individual to leave the meeting when that person behaves in a manner that is disruptive of the orderly conduct of the meeting;

	4.	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;

	5.	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.

I.	The portion of the meeting during which the participation of the public is invited shall be limited to one (1) hour unless extended by a vote of the Board.

Tape or video recordings are permitted subject to the following conditions:

A.	No obstructions are created between the Board and the audience.

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

C.	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.


	The person operating the recorder should contact the Superintendent prior to the Board meeting to review possible placement of the equipment.

	M.C.L. 15.263(4)(5)(6), 380.1808

0167.4	Administrative Participation

	The Superintendent and those administrators directed by the Superintendent shall attend all meetings, when feasible. Administrative participation shall be by professional counsel, guidance, and recommendation - as distinct from deliberation, debate, and voting of Board members.

0167.5	Use of Electronic Mail

	Since E-mail is a form of communication that could conflict with the Open-Meetings Law, it will be used to conduct business of the Board 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 Freedom of Information Act, unless an exemption would apply.

0168	Minutes

0168.1	Open Meeting

	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. The minutes shall include all roll-call votes taken at the 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 purchase at a fee estimated by the business office to cover the cost of printing and copying.

	The Board Secretary shall not include in or with its minutes any personally identifiable information on any student of the District which if released, would prevent the public body from complying with the Family Educational Rights and Privacy Act of 1974.


	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 action taken and if requested, remarks of Board members and/or administration.

	M.C.L. 15.269, 380.1201

	Revised 6/26/17

0168.2	Closed Meeting

	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 M.C.L. 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 approved.

	M.C.L. 15.267, 15.269, 15.270-71, 15.273

0168.3	Committee Meetings

	Any Board committee, whether standing or appointed ad hoc, which exercises governmental or proprietary authority must comply with the Open Meetings provisions in 0168.1 and 0168.2, and Public Participation provisions in 0167.3. Committees that are empowered to take action, make recommendations or otherwise deliberate in place of the Board are subject to this requirement.


0169	Student Disciplinary Hearings

0169.1	Closed Session Requested

	If parent or student requests a closed hearing, a vote must be taken. The purpose of the closed session should be announced: "To consider a student disciplinary matter, pursuant to the request of the parent/guardian" (NOTE: Do not need to use the name since that could identify the student). A majority is required to go into a closed session.

	Those invited into closed session should include the student, parent(s) and/or representative(s) and school administrator(s) bringing charges. Others may be admitted at Board discretion, if needed for the proceeding or at the request of student/parents.

	Witnesses should be admitted when needed to testify. They should be asked to leave the closed session after testifying. Witnesses may be required to affirm that they will tell the truth.

	The Administration should present a summary of the requested discipline and an overview of the incident(s) supporting discipline. The Administration shall call and question witnesses as it determines appropriate. The administrator may testify as a witness to the results of his/her investigation of the incident and the student�s past record.

	The student, parent, or representative (only one (1)) should be allowed to ask the witness(es) questions related to issues reasonably related to the discipline. Additional questioning by the Administration, the student/representative and/or the Board may be allowed at the Board�s discretion.

	The student, parent, or representative may then present witnesses or statements to the Board. The Administration and/or the Board may ask questions of these individuals. The Board may allow additional questioning at its discretion.


	When the presentation of evidence is concluded, the Board will deliberate. It may exclude both the Administration and the student and representatives, or allow both sides to remain. If the Board desires clarification of any testimony during its deliberation, it shall assure that both the Administration and the student are present to hear the information.

	The Board shall not take any action in the closed session. To act on the discipline the Board must return to open session. This requires a majority vote.

	During the open session the name of the student shall not be used in voting on the discipline, to protect student privacy under the Federal Family Educational Rights and Privacy Act. The student may be referred to by a Code Number or Pseudonym (i.e. Student A). Only the reference code shall be indicated in the Board minutes, NOT the student�s actual name. The reference code shall be listed in the student�s discipline file.

	If, at any time during the hearing, the student, parent or authorized representative withdraws the request for a closed hearing, the matter shall proceed under the open hearing provisions.

0169.2	Open Hearing

	If the student, parent or authorized representative does not request a closed hearing, the Board must still assure that the Family Educational Rights and Privacy Act is not violated.


	The parents (or student if eighteen (18) or older) should sign an authorization to release student record information to allow discussion of the student�s information in the public forum (Form 8330 F4). If the parents refuse to sign the authorization or information relating to other students must be presented at the hearing, it should be done anonymously by referring to students by Code Numbers or Pseudonyms. If this is not possible, then the Board may go into closed session to receive student identifiable information pursuant to a two-thirds (2/3�s) roll call vote for the announced purpose of "Considering material exempt from discussion or disclosure by State or Federal law."

	In all other respects the hearing shall proceed as outlined under the Closed Hearing.

	The Board must deliberate and act on the discipline in open session. The student, parents, administration and public will be allowed to be present. Students/parents who have not authorized disclosure to the public will not be mentioned by name during deliberations, but only by anonymous reference code. Any action must be by a vote of the Board in open session. If the student/parents have signed an authorization for public disclosure, then the student�s name may be used in the motion and recorded in the Board minutes.