0160 - MEETINGS

Mt. Healthy City School District

Bylaws & Policies

0160 - MEETINGS

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 or the rules of order of this Board.

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 3/20/06

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 each regular meeting shall be posted at the District office and each school.

		The notice shall also contain the following statement: "Upon request to the Superintendent, the District shall make reasonable accommodation for a disabled person to be able to participate in this activity."

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 a 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 one (1) day 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 as presented shall be followed, unless altered by the presiding officer or a majority of those present and voting.

	C.	Each agenda shall contain the following statement:

	"This meeting is a meeting of the Board of Education in public and is not to be considered a public community meeting."

	D.	Consent Agenda

		The Board may 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 or the Superintendent may request any item be removed from the consent resolution. 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.

Revised 7/30/01

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 or a majority of those present and voting.

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 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.

	In keeping with the confidential nature of executive sessions, no member of the Board, committee or subcommittee shall disclose the content of discussions that take place during such sessions.

	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 3/20/06

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, unless otherwise stated, vote shall be by roll call. Upon the demand of any member of the Board, the vote shall be recorded by roll call. 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

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.
	5 Member Board	Reference
Item	# Needed	ORC

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
continue membership	3 (f)	3313.11

Filling a vacant
Board seat (majority
of remaining members)	3 (g)	3313.11

Purchase or sell real
estate	3 (a)	3313.18

Appointment of any
employee	3 (a)	3313.18

Elect or appoint an
officer	3 (a)	3313.18

Pay any debt or claim	3 (a)	3313.18

Adopt textbook	3 (a)	3313.18

		5 Member Board	Reference
	Item	# Needed	ORC

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
membership	3 (a)	3313.18

Removal of the Treasurer
or Pro Tempore at any time
for cause	4 (c)	3313.22

Appointment of Treasurer
Pro Tempore	3 (a)	3313.23

Determination that
Treasurer's incapacity
is removed	3 (a)	3313.23

Removal of Treasurer
Pro Tempore at any time
for cause	4 (c)	3313.23

Affirm, reverse, vacate
or modify an order of
student expulsion;
reinstate a student	3 (a)	3313.66(E)

To employ or reemploy local
Superintendents without the
recommendation of the county
Superintendent	4 (d)	3319.01

		5 Member Board	Reference
	Item	# Needed	ORC

Appointment of
Superintendent Pro Tempore	3 (a)	3319.011

Removal of Superintendent
Pro Tempore at any time
for cause	4 (c)	3319.011

Reemployment of an other
administrator whom the
Superintendent refuses to
nominate	3/4, Full Board	3319.02

By a two-thirds vote for cause, a
Board of Education may
suspend or remove a business
manager	4 (c)	3319.06

Reemploy any teacher who the
Superintendent refuses to
appoint	4 (d)	3319.07

By majority vote of the full
membership, any local district
may after considering two
nominations for any position
made by county Superintendent,
reemploy a person not so
nominated	3 (a)	3319.07

Upon the recommendation of the
Superintendent that a teacher
eligible for continuing contract
shall be entered into between
the Board and such teacher,
unless the Board, by a three-
fourths vote of its full
membership, rejects the
recommendation of the
Superintendent	4 (d)	3319.11

	5 Member Board	Reference
Item	# Needed	ORC

At a regular meeting, held
between the first Monday in
February and the first Monday
in August, the Board of
Education of each local school
district, from lists adopted by
the county Board of Education
and the Board of Education of
city and exempted village school
districts, shall determine, by a
majority vote of all members
elected, which of such textbooks
so filed shall be used in the
schools under its control. No
textbooks shall be changed, nor
any part thereof altered or
revised, nor any other textbook
substituted therefore, within
four years after the date of
selection and adoption thereof,
as shown by the official records
of such Boards, except by the
consent, at a regular meeting, of
four-fifths of all members elected
thereto. Books so substituted
shall be adopted for the full term
of four years	4 (e)	3329.08

Boards of Education of city
school districts shall determine,
by a majority vote of all
members elected, which of such
textbooks shall be used in the
schools under its control	3 (a)	3329.08

Transfers of funds in
certain cases	4 (c)	5705.14

Resolution declaring the
necessity for certain
transfers of funds	3 (a)	5705.16

			5 Member Board	Reference
	Item		# Needed	ORC

	Levying a tax outside
	10-mill limitation (not
	emergency)		4 (c)	5705.21

	Rejection of findings and
	recommendations of
	fact-finding panel by
	board or employee
	organization under
	statutory impasse
	resolution procedure		3 (h)	4117.14(c)(6)

	(a) Majority of full membership
	(b) 2/3 of those present and voting
	(c) 2/3 of full membership
	(d) 3/4 of full membership
	(e) 4/5 of full membership
	(f) 2/3 of remaining members of the Board
	(g) Majority of remaining members of the Board
	(h) 3/5 full membership

	The Board may at any time recess or adjourn to an adjourned meeting at a specified date and place. The adjourned meeting shall take up its business at the point in the agenda where the motion to adjourn was acted upon.

	Revised 12/20/99
	Revised 7/30/01

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.

	Adopted 7/30/01

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.

	Tape recordings shall be made of each meeting of the Board as an administrative aid and shall be preserved as public documents of the Board. The tape recordings shall also be referred to in the written minutes.

	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

	Revised 11/17/97

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 no later than ten (10) calendar 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.

	In order to permit the fair and orderly expression of such comment, 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.

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 or 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, prior to the beginning of 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.

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 and agrees to the 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;

	5.	waive these rules with the approval of the Board when necessary for the protection of privacy or the administration of the Board's business.

J.	The portion of the meeting during which the participation of the public is invited may be limited to thirty (30) minutes.

	R.C. 3313.20

	Revised 6/23/03

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 3/20/06