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SECTION B: BOARD GOVERNANCE & OPERATION
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BA Board Operation Goals
BB School Board Legal Status
BBA School Board Powers and Duties
BBAA Board Member Authority
BBBB Board Member Oath of Office
BBE Unexpired Term Fulfillment
BBF Board Member Code of Ethics
BBFA Board Member Conflict of Interest
BCA Board Organizational Meeting
BCB Board Officers
BCC Qualifications and Duties of the Treasurer
BCCA Incapacity of the Treasurer
BCCB Evaluation of the Treasurer (Also AFBA)
BCCC Employment, Recruiting and Hiring of the Treasurer
BCD Board-Superintendent Relationship (Also CBI)
BCE Board Committees
BCF Advisory Committees to the Board
BCG School Board Attorney
BDC Executive Sessions
BDDA Notification of Meetings
BDDF Voting Method
BDDG Minutes
BDDH Public Participation at Board Meetings (Also KD)
BDDJ Broadcasting and Taping of Board Meetings (Also KBCD)
BFC Policy Adoption
BFCA Board Review of Regulations (Also CHB)
BFE Administration in Policy Absence (Also CHD)
BFF Suspension of Policies
BG Board-Staff Communications (Also GBD)
BHA New Board Member Orientation
BHBA School Board Conferences, Conventions and Workshops
BHD Board Member Compensation and Expenses
BI Board Legislative Program
BJA Liaison with School Boards Associations
File: BA ( Return to Menu - Section B)
BOARD OPERATION GOALS
The primary responsibility of the Board is to establish purposes, programs and procedures which produce the educational achievement needed by District students. The Board must accomplish this while also being responsible for wise management of resources available to the District. The Board must fulfill these responsibilities by functioning primarily as a legislative body to formulate and adopt policy, by selecting an executive officer to implement policy and by evaluating the results; further, it must carry out its functions openly, while seeking the involvement and contributions of the public, students and staff in its decision-making processes.
In accordance with these principles, the Board seeks to achieve the following goals to:
1. concentrate the Board’s collective effort on its policy-making and planning responsibilities;
2. formulate Board policies which best serve the educational interests of each student;
3. provide the Superintendent with sufficient and adequate guidelines for implementing Board policies;
4. maintain effective communication with the school community, the staff and the students in order to maintain awareness of attitudes, opinions, desires and ideas;
5. allow those responsible for carrying out objectives to contribute to their formation;
6. conduct Board business openly, soliciting and encouraging broad-based involvement in the decision-making process by public, students and staff and
7. periodically review its performance relative to the goals.
[Adoption date: April 17, 2003]
LEGAL REF.: ORC 3313.20
File: BB ( Return to Menu - Section B)
SCHOOL BOARD LEGAL STATUS
The General Assembly has delegated responsibility for the conduct of public schools in each school district to a board of education. Boards are political subdivisions of the state of Ohio and members of a board are officials elected by the citizens of a district to represent them in the management of the public schools.
Legally, a board is a body politic and corporate, capable of suing and being sued; contracting and being contracted with; acquiring, holding, possessing and disposing of real and personal property; and taking and holding in trust for use of the District any grant or gift of land, money or other personal property.
The Governing Board of the Mahoning County Educational Service Center District is composed of five members elected by the citizens of the District. A regular term is four years.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3311.19
3313.01; 3313.02; 3313.09; 3313.17; 3313.20; 3313.33; 3313.47
CROSS REFS.: AA, School District Legal Status
BBA, School Board Powers and Duties
File: BBA ( Return to Menu - Section B)
SCHOOL BOARD POWERS AND DUTIES
Under State law, the Board acts as the governing body of the Service Center with full powers of direction and control.
Within the extent of its legal powers, the Board has responsibilities for conducting the school system in accordance with the desires of local citizens who elect its members.
The Board considers the following to be its major responsibilities which include:
1. appointing a Superintendent for a term not longer than five years;
2. holding an organizational meeting of the Board during the month of January of each year and elect a President and Vice President to serve for one year;
3. appointing a Treasurer;
4. holding regular meetings at least every two months;
5. adopting rules and regulations not inconsistent with policies and regulations prescribed by the State Board of Education and its own government and the government of its employees;
6. preparing each year, on or before a date set by the State Board of Education, a budget of operating expenses for the ensuing year for the Governing Board and certify the same to the State Board of Education for approval, increase or decrease;
7. requiring its Superintendent to keep and prepare all reports required by law;
8. adopting lists of textbooks for local school districts subject to the right of each local school district to select from said list of books to be used in that district;
9. prescribing a graded course of study for the local school districts;
10. designating a county attendance officer;
11. providing for physical examination of bus drivers;
12. issuing certificates of qualification to school bus drivers;
13. ruling on transportation when a local board does not provide;
14. granting sick leave to its employees in accordance with the provisions of the law;
15. acting in the place of a local board of education and perform its duties in the case where a local board does not fill a vacancy as required by law or fails to perform a duty imposed upon it by law;
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File: BBA
16. making an equitable division of funds between the districts involved when it creates a new local school district from one or more local districts or parts thereof and when it transfers a part of a local school district to an adjoining district;
17. issuing an Annual Report of school progress in accordance with guidelines established by the State Board of Education;
18. adopting policy regarding sick leave severance pay consistent with law;
19. employing persons without regard to race, color, religion, gender or national origin in all terms, conditions and privileges of employment and
20. providing supervisory services to local school districts.
Permissive Duties of the Educational Service Center
1. establishing a service fund not exceeding such amount as may be approved by the State Board of Education to be used for the purposes authorized by law;
2. appointing one or more assistant superintendents and such other administrative officers and employees as are necessary;
3. assigning to such employees such administrative duties as are not in conflict with law or imposed on any other officers or employees by law;
4. allowing the Superintendent and assistant superintendent of the Educational Service Center each a sum not exceeding that specified by law for traveling expenses with the ESC;
5. determining the method of paying its employees and fix the compensation for same;
6. providing materials, supplies and equipment for the use of its Superintendent in furthering the instructional program of the Educational Service Center;
7. providing funds for bulletins and materials necessary for the effective administration of the schools in the Educational Service Center;
8. expending funds for conducting studies pertaining to school district organization, building needs, curriculum and instructional needs, improved and additional services for ESCs and for publishing reports and studies;
9. employing clerical staff;
10. entering into contractual agreements for cooperative services;
11. purchasing or lease motor vehicles;
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File: BBA
12. joining a school boards association and pay the dues permitted by law;
13. establishing and maintain classes for children with disabilities subject to approval by the State Board of Education;
14. proposing the transfer of a part or all of one or more local districts to an adjoining school district;
15. setting an effective date for transfer of school territory prior to July 1 of any year;
16. proposing the creation of a new local school district from one or more local school districts or parts thereof;
17. disposing of property, according to law, if it owns property other than trust property not authorized to be sold;
18. employing assistant attendance officers;
19. calling educational meetings and pay expenses of same and call a meeting of all local boards of education at least once a year;
20. accepting any gift, property or endowment and administer the same;
21. purchasing for school districts and accept donations of supplies and equipment and pay the transportation, handling and storage charges as well as the cost of the merchandise subject to authorization and reimbursement of the boards of education of such local school districts;
22. purchasing liability insurance;
23. expending funds for consultant services;
24. contracting for sharing services and
25. building, enlarging, repairing and furnish the necessary facilities for conducting special education programs.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3313.17; 3313.18; 3313.20; 3313.22; 3313.37; 3313.375; 3313.39;
3313.47; 3313.94
3315.07
3319.01
5705.01(A); 5705.03; 5705.28
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File: BBAA ( Return to Menu - Section B)
BOARD MEMBER AUTHORITY
(And Duties)
The authority of this Board extends only to the territory included within the limits of this Educational Service Center and not over city school districts or exempted village territory. Jurisdiction over local school districts within the territory of this Service Center shall be complete to the extent provided by statute.
Board members, as individuals, do not separately possess the powers that reside in the Governing Board; however, no Board member shall be denied facts or materials required for the proper performance of his/her duties to which he/she is legally entitled. If, in the opinion of the Superintendent, a Board member’s request(s) for facts and information is administratively unreasonable, the request for said facts or material shall be taken before the Board for a vote at the next meeting of the Governing Board.
The Board has no powers when not in session except for such powers as may be delegated by the Board to a committee.
The purpose of this Educational Service Center is to develop professional leadership and consulting services in order to strengthen local districts in areas they are unable to finance or staff independently. The Governing Board may also provide specialized programs on a collective basis that local districts, city districts, exempted village district, career and technical, MRDD and private or parochial schools could not efficiently or economically provide on an individual basis. The Governing Board shall also coordinate certain state and federal program standards to ensure local district compliance.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 121.22
3313.18; 3313.33
CROSS REF.: BBA, School Board Powers and Duties
File: BBBB ( Return to Menu - Section B)
BOARD MEMBER OATH OF OFFICE
Before entering upon the duties of his/her office, each person elected or appointed a member of the Board takes an oath to support the Constitution of the United States and the state of Ohio and that he/she will perform faithfully the duties of his/her office. Such oath may be administered by the Treasurer or any member of the Board.
[Adoption date: April 17, 2003]
LEGAL REF.: ORC 3313.10
File: BBBB-E ( Return to Menu - Section B)
BOARD MEMBER OATH OF OFFICE
“Do you solemnly swear (or affirm) that you will support the Constitution of the United States and the Constitution of the state of Ohio; and that you will faithfully and impartially discharge your duties as members of the Governing Board of the Mahoning County Educational Service Center, Mahoning County, Ohio, to the best of your ability, and in accordance with the laws now in effect and hereafter to be enacted, during your continuance in said office, and until your successor is elected and qualified.” The answer is “I do.”
Member’s Signature
File: BBE ( Return to Menu - Section B)
UNEXPIRED TERM FULFILLMENT
A vacancy on the Board may be caused by:
1. death;
2. nonresidence;
3. resignation;
4. failure of a person elected or appointed to qualify within 10 days after the organization of the Board or of his/her appointment or election;
5. relocation beyond District boundaries or
6. absence from Board meetings for a period of 90 days, if the reasons for the absence are declared insufficient by a two-thirds vote of the remaining Board members. (The vote must be taken not earlier than 30 days after the 90-day period of absence.)
Any such vacancy will be filled by the Board at its next regular or special meeting not earlier than 10 days nor later than 30 days after the vacancy occurs. A majority vote of all the remaining members of the Board is required to fill the vacancy.
Each person selected to fill a vacancy holds office:
1. until the completion of the unexpired term or
2. until the first day of January immediately following the next regular Board election taking place more than 90 days after a person is selected to fill the vacancy.
(At that election, a special election to fill the vacancy is held. No such special election is held if the unexpired term ends on or before the first day of January immediately following that regular Board election. The term of a person elected in this manner begins on the first day of January following the election and is for the remainder of the unexpired term.)
The shorter of the above options determines the length of office.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3.01; 3.02
3313.11; 3313.85
File: BBF ( Return to Menu - Section B)
BOARD MEMBER CODE OF ETHICS
The Board believes public education should be conducted in an ethical manner. In addition to State law, the conduct of Board members should conform to the code of ethics recommended by the Ohio School Boards Association which includes the following.
It is unethical for a board member to:
1. seek special privileges for personal gain;
2. personally assume unauthorized authority;
3. criticize employees publicly;
4. disclose confidential information;
5. place the interest of one group or community above the interest of the entire District;
6. withhold facts from the Superintendent, particularly about the incompetency of an employee or
7. announce future action before the proposition has been discussed by the Board.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 102.03; 102.04
2921.01(B); 2921.42; 2921.43; 2921.44
3313.13
3319.21
CROSS REF.: BBFA, Board Member Conflict of Interest
File: BBF-E ( Return to Menu - Section B)
BOARD MEMBER CODE OF ETHICS
While serving as a member of my Board of Education, I accept the responsibility to improve public education. To that end I will:
remember that my first and greatest concern must be the educational welfare of all students attending the public schools;
obey the laws of Ohio and the United States;
respect the confidentiality of privileged information;
recognize that as an individual Board member I have no authority to speak or act for the Board;
work with other members to establish effective Board policies;
delegate authority for the administration of the schools to the Superintendent and staff;
encourage ongoing communications among Board members, the Board, students, staff and the community;
render all decisions based on the available facts and my independent judgment rather than succumbing to the influence of individuals or special interest groups;
make efforts to attend all Board meetings;
become informed concerning the issues to be considered at each meeting;
improve my boardmanship by studying educational issues and by participating in in-service programs;
support the employment of staff members based on qualifications and not as a result of influence;
cooperate with other Board members and administrators to establish a system of regular and impartial evaluations of all staff;
avoid conflicts of interest or the appearance thereof;
refrain from using my Board position for benefit of myself, family members or business associates and
express my personal opinions, but, once the Board has acted, accept the will of the majority.
NOTE: This Code of Ethics has been adopted by the Ohio School Boards Association Delegate Assembly.
File: BBFA ( Return to Menu - Section B)
BOARD MEMBER CONFLICT OF INTEREST
The Board and individual members follow the letter and spirit of the law regarding conflicts of interest.
A Board member will not have any direct or indirect pecuniary interest in a contract with the District; will not furnish for remuneration any labor, equipment or supplies to the District; nor be employed by the Board in any capacity for compensation.
A Board member may have a private interest in a contract with the Board if all of the following apply:
1. the subject of the public contract is necessary supplies or services for the District;
2. the supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the District as part of a continuing course of dealing established prior to the Board member’s becoming associated with the school district;
3. the treatment accorded the District is either preferential to or the same as that accorded other customers or clients in similar transactions and
4. the entire transaction is conducted at arm’s length, with full knowledge by the Board of the interest of the Board member, member of his/her family, or his/her business associate, and the Board member takes no part in the deliberations or decision with respect to the public contract.
The law specifically forbids:
1. the Prosecuting Attorney or a city attorney from serving on a board;
2. a member from serving as the school dentist, physician or nurse;
3. a member from being employed for compensation by a board;
4. a member from having, directly or indirectly, any pecuniary interest in any contract with a board;
5. a member from voting on a contract with a person as a teacher or instructor if he/she is related to that person as father, mother, brother, sister or spouse;
6. a member from authorizing, or employing the authority or influence of his/her office to secure authorization of, any public contract in which he/she, a member of his/her family or his/her business associates have an interest;
7. a member from having an interest in the profits or benefits of a public contract entered into by, or for the use of, the District and
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File: BBFA
8. a member from occupying any position of profit during his/her term of office or within one year thereafter in the prosecution of a public contract authorized by him/her or a board of which he/she was a member at the time of authorization of that contract.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 102.03
2921.02(B); 2921.42;2921.43
3313.13; 3313.33; 3313.70
3319.21
4117.20
CROSS REF.: BBF, Board Member Code of Ethics
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File: BCA ( Return to Menu - Section B)
BOARD ORGANIZATIONAL MEETING
In compliance with law, the Board meets within the first 15 days of January of each year for the purpose of electing a president and vice president from among its membership and taking action on other matters of annual business. The Treasurer canvasses the new Board prior to December 31 of each year to establish the date of the organizational meeting. The Board appoints a president pro tempore from its membership.
Meeting Procedures
1. The President Pro Tempore calls the meeting to order.
2. Accept Certification of Election for new members.
3. The official swearing in or administration of the oath of office to new members should follow. If the oath has already been taken, it should be stated for the record where and when this oath was taken.. If the oath has not been previously taken, the Treasurer, any member of the Board or any person qualified to administer an oath may do so.
4. The President Pro Tempore then presides over the election of the President.
5. The newly elected President assumes the chair.
6. The Board proceeds with items of annual business such as:
A. setting the dates and times of regular Board meetings (the Board also designates publication of record);
B. appointing of legal counsel for the ensuing calendar year;
C. electing a Treasurer in those years when the Treasurer’s term has expired and establishment of salary;
D. purchasing liability insurance for Board members;
E. appointing a legislative liaison;
F. appointing a student achievement liaison;
G. appointing new members to serve on the Board of the Mahoning County Career and Technical Center;
H. securing performance bonds for the Superintendent, Treasurer and Board President;
I. authorizing the Superintendent to submit applications for local, state and federal programs and grants;
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File: BCA
J. authorizing the Treasurer to issue and sign checks to meet payroll and invoices in accordance with adopted appropriations;
K. adopting District policies and procedures;
L. establishing a Board service fund and
M. establishing a fee to charge individuals for copies of materials.
7. Upon conclusion of annual business, the Board enters into such regular or special business as appears on the agenda for the meeting.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3313.10; 3313.14; 3313.15; 3313.203; 3313.22; 3313.25; 3313.87
CROSS REFS.: BCB, Board Officers
BHD, Board Member Compensation and Expenses
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File: BCB ( Return to Menu - Section B)
BOARD OFFICERS
The organizational meeting shall be called to order by the immediate past President or, in his/her absence, the immediate past Vice President, who shall act as presiding officer pro tempore. The oath of office shall be administered to new members by the Treasurer or an elected county, state or federal official. The Board shall then proceed to the election of a President and Vice President. The new President may then take the chair. Elections of officers shall be by plurality vote of the Board. Where no such majority exists on the first vote, a second vote shall be cast for the two candidates who received the greatest number of votes.
1. Officers shall serve for one year and until their respective successors are elected and shall qualify.
2. In the event that the office of President becomes vacant, the Vice President shall fill the office for the remainder of the term.
3. In the event that the office of Vice President becomes vacant, the Board shall fill the vacancy for the unexpired term in the same manner as the election conducted at the organizational meeting.
Duties of Board Officers
The President of the Board shall:
1. preside at all public meetings of the Board;
2. call special meetings of the Board;
3. appoint all committees and
4. sign checks, notes, conveyances, contracts, minutes and other legal instruments for which the signature of the President is called.
Vice President
In the absence of the President, the Vice President will perform the duties and have the responsibilities and commensurate authority of the President.
The Vice President will perform such other duties as may be delegated or assigned to him/her by the Board.
President Pro Tempore
A president pro tempore may be elected by a majority of the Board to serve in such capacity when the President and Vice President are absent and unable to perform their duties.
The President Pro Tempore will not have power to sign any legal documents and will vacate the chair when the President or Vice President arrives at the meeting.
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File: BCB
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3313.14; 3313.15
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File: BCC ( Return to Menu - Section B)
QUALIFICATIONS AND DUTIES OF THE TREASURER
Title: Treasurer
Reports to: Governing Board
Supervises: Staff members assigned by the Superintendent
Qualifications: A valid Treasurer's License/Certificate
All additional qualifications as specified in law.
General Description: To serve as the Educational Service Center's chief financial officer; assume responsibility for the receipt, safekeeping and disbursement of all District funds; direct and manage all financial accounting programs and systems.
Essential Functions:
1. establishes and maintains long-range plans and prepares the annual budget based on Service Center resources and needs
2. ensures that all Service Center fiscal services comply with the laws and regulations of the state, the negotiated agreements and policies of the Board and rules of the Superintendent
3. analyzes the effectiveness of Service Center programs in his/her areas of responsibility and recommends changes in program, staffing or management strategies as necessary
4. develops personal capabilities in financial strategies and supervisory methods
5. increases the efficient use of resources toward the achievement of Service Center goals
6. works cooperatively with the administrative staff towards the achievement of Service Center objectives
7. helps interpret the budget and the Service Center affairs under his/her supervision to interested members of the school community
8. calls special meetings of the Board
9. signs all checks of the Board
10. records the proceedings of each meeting of the Board
11. notifies the Board of Elections of all changes in boundaries of the ESC
12. deducts from the wages and salaries of employees amounts authorized by the employees and the Board
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File: BCC
13. produces all money, bonds and securities in his/her hands at the expiration of his/her term
14. delivers all books and papers in his/her hands to his/her successor at the expiration of his/her term
15. keeps an account of all Service Center funds and maintains all records pertaining thereto in the manner described by law
16. renders a statement of accounts to the Board and Superintendent in the form prescribed by law and at the times required by law and by the Board
17. executes all conveyances of the Board
Other Duties and Responsibilities:
1. The Treasurer is directly responsible to the Governing Board for the performance of his/her legally prescribed duties and responsibilities and to the Superintendent for the performance of his/her assigned duties and responsibilities. He/She has direct supervisory responsibility for the activities of all classified staff assigned to him/her, and provides advice and guidance to said staff. Observation of his/her performance and preparation of performance reports are the responsibility of the Governing Board.
2. If the services of the Treasurer are found to be unsatisfactory to the Board, he/she is notified by the Board.
3. If his/her services continue to be unsatisfactory, the Treasurer is notified in writing by the Board, of the Board's intent, at the first regular meeting in October of the expiration year of his/her contract, that his/her services will not be renewed.
Additional Working Conditions:
1. potential exposure to blood, bodily fluids and tissue
2. occasional operation of a vehicle under inclement weather/driving conditions
3. potential interaction among unruly children
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 131.18
3301.074
3311.19
3313.14; 3313.15; 3313.22; 3313.24; 3313.26-3313.261; 3313.27;
3313.34; 3313.51
5705.41; 5705.412; 5705.42; 5705.45
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File: BCC
CROSS REFS.: BCCA, Incapacity of the Treasurer
BCCB, Evaluation of the Treasurer(Also AFBA)
BDDG, Minutes
DFA, Revenues from Investments
DH, Bonded Employees and Officers
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File: BCCA ( Return to Menu - Section B)
INCAPACITY OF THE TREASURER
Should the Treasurer become incapacitated, the Board will appoint a treasurer pro tempore. The appointment is made by a majority vote of the Board after the conditions relating to incapacity of the Treasurer are met in accordance with State law and the Family and Medical Leave Act.
The Treasurer Pro Tempore shall perform all the duties and functions of the Treasurer and may be removed at any time by a two-thirds majority vote of the members of the Board or upon return to full-time active service of the Treasurer.
The Treasurer Pro Tempore shall meet the licensing requirements established by the State Board of Education. The Treasurer Pro Tempore may not be a member of the Board.
[Adoption date: April 17, 2003]
LEGAL REFS.: Family and Medical Leave Act; 29 USC 2601 et seq.
ORC 3313.23; 3313.24
CROSS REFS.: BCC, Qualifications and Duties of the Treasurer
BCCB, Evaluation of the Treasurer(Also AFBA)
File: BCCA-R ( Return to Menu - Section B)
INCAPACITY OF THE TREASURER
A treasurer pro tempore shall be appointed by a majority of the members of the Board upon determining that the Treasurer is incapacitated in such a manner that he/she is unable to perform the duties of that office. Such incapacity is determined:
1. by request of the Treasurer, if the Treasurer is absent with pay by reason of personal illness, injury or exposure to contagious disease which could be communicated to others or is absent without pay in accordance with the Family and Medical Leave Act;
2. upon certification of the attending physician that the Treasurer is unable to perform the duties of the office of Treasurer;
3. upon the determination of a referee, pursuant to the Ohio Revised Code, that the Treasurer is unable to perform the duties of the office of Treasurer;
4. upon the granting of a leave of absence, without pay, requested by the Treasurer by reason of illness, injury or other disability of the Treasurer or
5. upon the placing of the Treasurer on an unrequested leave of absence, without pay, by reason of illness or other disability pursuant to the Ohio Revised Code.
During the period of incapacity, the Treasurer shall:
1. at his/her request, be placed on sick leave with pay, not to exceed the extent of his/her accumulated but unused sick leave and any advancement of such sick leave which may be authorized by Board policy;
2. at his/her request, or without such request, pursuant to the Family and Medical Leave Act, be placed on unpaid FMLA leave for up to 12 weeks per year or
3. at his/her request, or without such request, pursuant to the Ohio Revised Code, be placed on a leave of absence without pay.
The leave provided during the period of incapacity (described above) shall not extend beyond the contract or term of office of the Treasurer.
The Treasurer shall, upon request to the Board, be returned to active-duty status, unless the Board denies the request within 10 days of receipt of the request. The Board may require the Treasurer to establish to its satisfaction that the Treasurer is capable of resuming such duties and, further, that the duties may be resumed on a full-time basis.
The Board may demand that the Treasurer return to active service; upon the determination that the Treasurer is able to resume his/her duties, the Treasurer shall return to active service.
The Treasurer may request a hearing before the Board on actions as indicated above taken under this policy and shall have the same rights in such hearing as are granted under ORC 3319.16.
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File: BCCA-R
The Treasurer Pro Tempore shall perform all of the duties and functions of the Treasurer and may be removed at any time by a two-thirds majority vote of the members of the Board.
The Board shall fix the compensation of the Treasurer Pro Tempore in accordance with the Ohio Revised Code and he/she shall serve until the Treasurer’s incapacity is removed or until the expiration of the Treasurer’s contract or term of office, whichever is earlier.
(Approval date: April 17, 2003)
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File: BCCB (Also AFBA)( Return to Menu - Section B)
EVALUATION OF THE TREASURER
The Board evaluates the performance of the Treasurer in order to assist both the Board and the Treasurer in the proper discharge of their responsibilities and to enable the Board to provide the Service Center with the best possible leadership.
The objectives of the Board's evaluation are to:
1. promote professional excellence to improve the skills of the Treasurer;
2. improve the quality of District business practices and
3. provide a basis for the review of the Treasurer's performance.
The Treasurer is evaluated annually by the Board. The evaluation is based on the job description for the position of the Treasurer, this policy and any possible evaluation instrument adopted by the Board.
In the Treasurer's final contract year, evaluations will be on or before April 30 with notification of nonrenewal not later than the first regularly scheduled meeting in October.
Maintenance of the evaluation criteria is the responsibility of the Board. Evaluation criteria is reviewed as necessary and as requested by the Treasurer, but not less than annually and upon any revision of the Treasurer's job description. Any proposed revision of the evaluation criteria is provided to the Treasurer for his/her comments before its adoption.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 121.22
3301.074
3313.22
OAC Chapter 3301-5
CROSS REFS.: BCC, Qualifications and Duties of the Treasurer
BCCA, Incapacity of the Treasurer
File: BCCC ( Return to Menu - Section B)
EMPLOYMENT, RECRUTING AND HIRING OF THE TREASURER
The Board shall seek a person both capable and licensed to fill the position of Treasurer whenever that position may be open.
All persons considered for the position of Treasurer shall provide evidence of their training and experience in the fields of government accounting, State and Federal laws related to District budgeting and financing, financial report preparation, and budget and accounting management as required by statute and the standards of the State Board of Education.
The Board may, in recruiting a Treasurer, utilize the services of others. Each serious candidate for the position of Treasurer is interviewed by the Board. Final selection is made by the Board.
Any candidate's misstatement of fact, material to his/her qualifications for employment or the determination of his/her salary, is considered to constitute grounds for dismissal.
The person selected for the position of Treasurer may be required to pass a physical examination reasonably related to the duties he/she will be required to perform, the cost of which is borne by the Board.
[Adoption date: April 17, 2003]
File: BCD (Also CBI)( Return to Menu - Section B)
BOARD-SUPERINTENDENT RELATIONSHIP
The enactment of policies, consistent with long-term goals, is the most important function of a board and the execution of the policies should be the function of the Superintendent and staff.
Delegation by the Board of its executive powers to the Superintendent provides freedom for the Superintendent to manage the District within the Board’s policies and frees the Board to devote its time to policy-making and appraisal functions.
The Board holds the Superintendent responsible for the administration of its policies, the execution of Board decisions, the operation of the internal machinery designed to serve the District program and keeping the Board informed about District operations and problems.
The Board strives to procure the best professional leader available as its Superintendent. The Board, as a whole and as individual members:
1. gives the Superintendent full administrative authority for properly discharging his/her professional duties, holding him/her responsible for acceptable results;
2. acts in matters of employment or dismissal of personnel after receiving the recommendations of the Superintendent;
3. refers all complaints to the Superintendent for appropriate investigation and action;
4. strives to provide adequate safeguards for the Superintendent and other staff members so that they can discharge their duties on a thoroughly professional basis and
5. presents personal criticisms of any employee directly to the Superintendent.
[Adoption date: April 17, 2003]
CROSS REFS.: BDC, Executive Sessions
CBC, Superintendent’s Contract
File: BCE ( Return to Menu - Section B)
BOARD COMMITTEES
The Board may authorize the establishment of committees from among its membership as it finds such action necessary to study operations in specific areas and to make recommendations for Board action.
The following guidelines may govern the appointment and function of Board committees.
1. The committee is established through action of the Board.
2. The chairperson and members are named by the Board President.
3. The committee may make recommendations for Board action but may not act for the Board unless specifically authorized.
4. The Board President and Superintendent are ex officio members of all committees.
5. No committee appointments extend beyond the ensuing annual organizational meeting, at which time the newly elected President has the privilege of making new appointments or re-appointments. A committee may be dissolved at any time by a majority vote.
6. The Sunshine Law and its exceptions apply to Board meetings and Board-appointed committee and subcommittee meetings.
[Adoption date: April 17, 2003]
LEGAL REFS: ORC 121.22
3313.18
CROSS REFS.: ABA, Community Involvement in Decision Making(Also KC)
BCB, Board Officers
BCF, Advisory Committees to the Board
BDC, Executive Sessions
BDDG, Minutes
File: BCF ( Return to Menu - Section B)
ADVISORY COMMITTEES TO THE BOARD
The Board may appoint ad hoc advisory committees to provide consultation services for determining the needs and expectations of the District and its residents. The central purpose of all advisory committees is to contribute to the educational program by conducting studies, identifying problems and developing recommendations that enhance the effectiveness of the decision-making process.
Specific topics for study or activity are assigned in writing to each committee immediately following its appointment. Committees are instructed as to the length of time each member is being asked to serve, the services the Board wishes rendered, the resources the Board intends to provide and the approximate date on which the Board expects to dissolve the committee.
Each committee serves in an advisory capacity only, proposing recommendations based on analysis of a problem, and exists only as long as is necessary to conduct the study and report to the Board.
The Board gives careful consideration to all recommendations, although final action and responsibility remain with the Board. The Superintendent or his/her designee informs members of the committee of the Board’s action.
Upon completing its assignment, each committee is either dissolved promptly or given a new task. Committees are not allowed to continue for prolonged periods without definite assignments. The Board has sole power to dissolve any of its advisory committees and reserves the right to exercise this power at any time during the life of any committee, after seeking the advice of the Superintendent.
All appointments to advisory committees are made by the Superintendent with the approval of the Board.
The Sunshine Law and its exceptions apply to Board meetings and Board-appointed committee and subcommittee meetings, including meetings of advisory committees to the Board.
[Adoption date: April 17, 2003]
LEGAL REF: ORC 121.22
CROSS REFS.: ABA, Community Involvement in Decision Making(Also KC)
BCB, Board Officers
BCE, Board Committees
BDC, Executive Sessions
File: BCG ( Return to Menu - Section B)
SCHOOL BOARD ATTORNEY
The Mahoning County Educational Service Center Board may employ legal counsel in addition to the County Prosecuting Attorney and pay for legal services from District funds.
The counsel advises the Board and its officials on legal matters.
In engaging legal counsel, the Board may require submission of a written proposal which can be incorporated into a contract or purchase order if it satisfies the wishes of the Board. Proposals could detail:
1. specific objectives to be accomplished by the counsel;
2. a list of specific tasks to be performed;
3. procedures to be used in carrying out the tasks;
4. target dates for the completion of tasks;
5. methods to be used to report results to the Board and/or to deliver any product or render any service to the Board and
6. a fee agreement clearly specifying all fees for legal services and termination rights.
The Board will establish procedures necessary to effect an efficient working relationship between the counsel and the Board and/or staff members. The Board will designate which staff members are authorized to consult Board counsel without prior approval.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 309.10
3313.35
3319.33
CROSS REF.: Staff Handbooks
File: BDC ( Return to Menu - Section B)
EXECUTIVE SESSIONS
Educational matters should be discussed and decisions made at public meetings of the Board (in accordance with the rationale for the creation of public governing bodies). Some matters are more properly discussed by the Board in executive session. As permitted by law, such matters may involve:
1. the appointment, employment, dismissal, discipline, promotion, demotion or compensation of an employee, official or student or the investigation of charges or complaints against such individual, unless an employee, official or student requests a public hearing (the Board will not hold an executive session for the discipline of one of its members for conduct related to the performance of his/her official duties or for his/her removal from office);
2. the purchase of property for public purposes or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair advantage to a person whose personal, private interest is adverse to the general public interest;
3. specialized details of security arrangements where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law;
4. matters required to be kept confidential by Federal law or State statutes;
5. preparing for, conducting or reviewing negotiations with public employees concerning their compensation or other terms and conditions of their employment or
6. in-person conferences with an attorney for the Board concerning disputes involving the Board that are the subject of pending or imminent court action.
Conferences with a member of the office of the State Auditor or an appointed certified public accountant for the purpose of an audit are not considered meetings subject to the Sunshine Law.
The Board meets in executive session only to discuss legally authorized matters. Executive sessions are held only as part of a regular or special meeting and only after a majority of the “quorum” determines, by a roll-call vote, to hold such a session.
When the Board holds an executive session for any of the reasons stated above, the motion and vote to hold the executive session shall state one or more of the purposes listed under such paragraph for which the executive session is to be held, but need not include the name of any person to be considered in the executive session. The minutes shall reflect the information described above.
In compliance with law, no official action may be taken in executive session. To take final action on any matter discussed, the Board reconvenes into public session.
The Board may invite staff members or others to attend executive sessions at its discretion.
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File: BDC
Board members shall not disclose or use, without appropriate authorization, any information acquired in the course of official duties (which is confidential because of statutory provisions) or which has been clearly designated as confidential because of the status of proceedings or the circumstances under which the information was received.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 102.03
121.22
CROSS REFS.: KBA, Public’s Right to Know
KLD, Public Complaints About District Personnel
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File: BDDA ( Return to Menu - Section B)
NOTIFICATION OF MEETINGS
Due notice of all meetings of the Board and Board-appointed committees is given to the press and the public who have requested notification and to all Board members.
Organizational Meetings: Notice of organizational meetings, including any special or regular meeting following the organizational meeting, is given in the same manner as notice for regular and special meetings of the Board (see below).
Regular Meetings: A notice of the time and place of regularly scheduled meetings is given to the media who have requested notification and to those individuals requesting advance personal notice.
Special Meetings: A special meeting may be called by the President, the Treasurer or any two members of the Board by serving written notice of the time and place of the meeting upon each Board member at least two days before the date of the meeting. The notice must be signed by the officer or members calling the meeting. Notice by mail is authorized. Notice of the time, place and purpose must also be given at least 24 hours in advance of the meeting to all news media and individuals who have requested such notice.
Emergency Meetings: In the event of any emergency, the media is notified immediately of the time, place and purpose of the meeting.
Personal Notice of Meetings: Any person who wishes to receive advance personal notice of regular or special meetings of the Board may receive the advance notice by requesting that the Treasurer include his/her name on a mailing list and by providing the Treasurer with a supply of stamped, self-addressed envelopes.
Cancellation: Occasionally, regular or special meetings of the Board must be canceled. Meetings can be canceled for any reason. When a meeting is to be canceled, the Treasurer notifies Board members and all media and individuals who have requested notification of such meetings. Notice of cancellation is also prominently posted at the meeting site. This notice includes the new date of a rescheduled meeting, if possible.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 121.22
3313.15; 3313.16
CROSS REF.: BCE, Board Committees
File: BDDF ( Return to Menu - Section B)
VOTING METHOD
All votes taken by the Board are recorded in the official proceedings of the meeting.
To comply fully with State law, roll-call votes are made on resolutions pertaining to:
1. any action on which a Board member requests a roll-call vote and
2. re-employment of a teacher against the Superintendent’s recommendation.
The following actions require a roll-call vote and an affirmative vote by a majority of the full membership of the Board for passage:
1. purchase or sale of real or personal property;
2. employment of any school employee;
3. election or appointment of an office;
4. payment of any debt or claim and
5. adoption of any textbook.
For passage, most other actions require an affirmative vote by a majority of those present and voting. Board members must be physically present at the meeting in order to vote.
All votes which require a specific majority are in the exhibit which follows.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC Chapter 133
3313.11; 3313.18; 3313.22; 3313.23; 3313.66(E)
3319.01; 3319.07; 3319.11
3329.08
5705.14; 5705.16; 5705.21
File: BDDF-E ( Return to Menu - Section B)
VOTING METHOD
ITEM # NEEDED REFERENCE
ORC
Declare it necessary to issue bonds 3 (a) 133.18
133.01(U)
Declare, by remaining members, that reasons for a member's absence for 90 days are insufficient to continue membership
3 (e)
3313.11
Fill a vacant Board seat (majority of remaining members)
3 (f)
3313.11
Purchase or sell real estate 3 (a) 3313.18
Appoint 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
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
Remove the Treasurer at any time for cause
4 (b)
3313.22
Appoint Treasurer Pro Tempore 3 (a) 3313.23
Determine that Treasurer’s incapacity is removed
3 (a)
3313.23
Remove Treasurer Pro Tempore at any time for cause
4 (b)
3313.23
1 of 3
File: BDDF-E
Affirm, reverse, vacate or modify an order of student expulsion; reinstate a student
3 (a)
3313.66 (E)
Appoint Superintendent Pro Tempore 3 (a) 3319.011
Remove Superintendent Pro Tempore at any time for cause
4 (b)
3319.011
Suspend or remove Business Manager 4 (b) 3319.06
Re-employ any teacher who the Superintendent refuses to recommend for re-employment
4 (c)
3319.07
Re-employ, in a local school district, a person not nominated by the ESC Superintendent after considering two nominations by the ESC Superintendent
3 (a)
3319.07
Determine, at a regular meeting, which textbooks shall be used in the schools under its control
3 (a)
3329.08
(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 Board, except by the consent, at a regular meeting, of four-fifths of all members elected thereto.) Act to approve substitute textbooks as authorized by law
4 (d)
3329.08
Transfer funds in certain cases 4 (b) 5705.14
Declare the necessity for certain transfers of funds
3 (a)
5705.16
Levy a tax outside 10-mill limitation (not emergency)
4 (b)
5705.21
Reject findings and recommendations of fact-finding panel by Board or employee organization under statutory impasse resolution procedure
3 (g)
4117.14(C)(6)
Waiver of textbook and material fund transfer restriction*
5 (h)
3315.17(D)(2)
2 of 3
File: BDDF-E
KEY
(a) Majority of full membership
(b) 2/3 of full membership
(c) 3/4 of full membership
(d) 4/5 of full membership
(e) 2/3 of remaining members of the Board
(f) Majority of remaining members of the Board
(g) 3/5 of full membership
(h) Unanimous vote of full membership
SOURCE: Business Administration for Public Schools
Published by the Ohio School Boards Association
*The number used is based upon the number of members on the Board.
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File: BDDG ( Return to Menu - Section B)
MINUTES
The minutes of the meetings of the Board constitute the written record of Board actions. The Treasurer records in the minutes of each meeting all actions taken by the Board. Minutes need reflect only the general subject matter of discussion in executive sessions.
Minutes shall specify the nature of the meeting (regular or special); time, place and members present; approval of minutes of the preceding meeting or meetings; complete record of official actions taken by the Board relative to the Superintendent’s recommendations, communications and all business transacted; items of significant information bearing on action; and a record of adjournment.
The Treasurer shall include the motion, the name of the member making the motion and the name of the member seconding the motion and record the vote of each member present.
A complete and accurate set of minutes shall be prepared and become a regular part of the monthly agenda. Board members shall receive copies of the draft minutes no later than two days before the next regular meeting. The Treasurer must make draft minutes available for public inspection. The minutes shall be signed by the President and attested to by the Treasurer, following approval of the minutes by the Board at the next meeting.
The official minutes shall be bound and kept in the office of the Treasurer, who shall, after they have been approved by the Board, make them available to interested citizens. Copies are made available at cost during normal office hours.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 121.22
149.43
3313.26
CROSS REFS.: BCE, Board Committees
KBA, Public’s Right to Know
File: BDDH (Also KD)( Return to Menu - Section B)
PUBLIC PARTICIPATION AT BOARD MEETINGS
All meetings of the Board and Board-appointed committees are open to the public.
In order for the Board to fulfill its obligation to complete the planned agenda in an effective and efficient fashion, a maximum of 30 minutes of public participation may be permitted at each meeting.
Each person addressing the Board shall give his/her name and address. If several people wish to speak, each person is allotted three minutes until the total time of 30 minutes is used. During that period, no person may speak twice until all who desire to speak have had the opportunity to do so. Persons desiring more time should follow the procedure of the Board to be placed on the regular agenda. The period of public participation may be extended by a vote of the majority of the Board, present and voting.
Agendas are available to all those who attend Board meetings. The section on the agenda for public participation shall be indicated. Noted at the bottom of each agenda shall be a short paragraph outlining the Board’s policy on public participation at Board meetings.
[Adoption date:] July 17, 2008 scheduled
LEGAL REFS.: ORC 121.22
3313.20
CROSS REF.: BCE, Board Committees
BD, School Board Meetings
BDDB, Agenda Format
BDDC, Agenda Preparation and Dissemination
NOTE: The coding of this sample policy indicates that the identical policy is also filed in Section K, School-Community Relations.
THIS IS A REQUIRED POLICY
File: BDDJ (Also KBCD)( Return to Menu - Section B)
BROADCASTING AND TAPING OF BOARD MEETINGS
Photographic and electronic audio and video broadcasting and recording devices may be used at regular and special Board meetings legally open to the public according to the following guidelines.
1. Photographing, broadcasting and recording meetings are permitted only when all parties involved have been informed that cameras, broadcasting and/or recording devices are being used.
2. Persons operating cameras, broadcasting and/or recording devices must do so with a minimum of disruption to those present at the meeting. Specifically, the view between Board members and the audience must not be obstructed, interviews must not be conducted during the meeting and no commentary is to be given in a manner that distracts Board members or the audience.
3. The Board has the right to halt any recording that interrupts or disturbs the meeting.
The Board may make the necessary arrangements to make audio recordings of all regular meetings and any special meeting that it deems appropriate.
[Adoption date: April 17, 2003]
LEGAL REFS.: U.S. Const. Amend. I
ORC 121.22
2911.21
2917.12
2921.31
3313.20
File: BFC ( Return to Menu - Section B)
POLICY ADOPTION
The adoption of new policies or the changing or repealing of existing policies is solely the responsibility of the Board. Policies are adopted, amended or repealed only by the affirmative vote of a majority of the members of the entire Board. Such action is scheduled on the agenda of a regular or special meeting.
Proposals for a new policy or for the amendment or repeal of an existing policy are submitted in writing to the Superintendent for submission to the Board. Readings at two separate meetings are normally required before a new policy or a policy amendment is adopted.
Unless otherwise specified, a new policy or policy amendment is effective upon the date of adoption by the Board and supersedes all previous policies in that area. Unless otherwise specified, the repeal of a policy is effective on the date the Board takes such action.
[Adoption date: April 17, 2003]
File: BFCA (Also CHB)( Return to Menu - Section B)
BOARD REVIEW OF REGULATIONS
The Board reviews regulations developed by the administration to implement policy. The Board revises or nullifies such regulations only when they are inconsistent with policies adopted by the Board or when they are not in the best interest of the District.
Before issuance, Board regulations are properly titled and coded as appropriate to subject and in conformance with the codification system selected by the Board. Those officially approved by the Board are so marked. All others appearing in the manual are considered approved, provided that they are in accordance with the accompanying Board policy.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3313.17; 3313.20; 3313.33; 3313.47
File: BFE (Also CHD)( Return to Menu - Section B)
ADMINISTRATION IN POLICY ABSENCE
In the absence of Board policy, the Superintendent may take temporary action that would be in accordance with the overall policy of the Board. The Superintendent is not free to act when the action involves a duty of the Board that by law cannot be delegated.
In each case, the Superintendent shall present the matter to the Board for its consideration at its next meeting.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3313.18; 3313.20
File: BFF ( Return to Menu - Section B)
SUSPENSION OF POLICIES
If the Board wishes to take action contrary to existing policy, it may suspend the policy for only one meeting at a time and in only one of the following ways:
1. upon a majority vote of the Board present and voting at a meeting in which the proposed suspension has been described in writing or
2. upon a unanimous vote of members of the Board present and voting if no notice has been given.
[Adoption date: April 17, 2003]
LEGAL REF.: ORC 3313.20
File: BG (Also GBD)( Return to Menu - Section B)
BOARD-STAFF COMMUNICATIONS
The Board wishes to maintain open channels of communication with the staff. The basic line of communication is through the Superintendent. Staff members should utilize the Superintendent to communicate to the Board or its subcommittees.
Accordingly, all official communications, policies and directives of staff interest and concern are communicated to staff members through the Superintendent. The Superintendent develops appropriate methods to keep staff members informed of the Board’s issues, concerns and actions.
Board members must recognize that their presence at work sites could be subject to a variety of interpretations by employees. If a visit to a program or classroom is being made for other than general interest, Board members shall inform the Superintendent of such visit and make arrangements for visitations through the program administrator of the various schools. General interest visits are defined as informal expressions of interest in school affairs and not as inspections or visits for supervisory or administrative purposes. Board members will indicate to the administrator the reason(s) for the visit. Official visits by Board members are carried out only under Board authorization.
[Adoption date: April 17, 2003]
LEGAL REF.: ORC 3313.20
CROSS REFS.: BDDH, Public Participation at Board Meetings(Also KD)
KK, Visitors to the Schools
File: BHA ( Return to Menu - Section B)
NEW BOARD MEMBER ORIENTATION
The Board shall provide an orientation program for its members-elect. The primary purpose of this program is to acquaint the members-elect with the procedures of the Board and the scope of its responsibilities and to assist them to become informed and active Board members.
The Board, Treasurer and the administrative staff assist each member-elect in understanding the Board’s functions, policies and procedures before the member-elect takes office.
The following techniques may be employed to orient new Board members.
1. Selected materials, Board policies, regulations and other helpful information are furnished the member-elect by the Superintendent.
2. Immediately after the general election, the member-elect is invited by the Board to attend Board meetings.
3. The Treasurer provides agendas and other materials pertinent to meetings and explains the use of the materials.
4. The incoming member is invited to meet with the Superintendent and other administrative personnel.
5. The Board makes an effort to send newly elected members to workshops and in-service programs developed for new members.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3313.87; 3313.871
CROSS REFS.: BHBA, School Board Conferences, Conventions and Workshops
BHD, Board Member Compensation and Expenses
File: BHBA ( Return to Menu - Section B)
SCHOOL BOARD CONFERENCES, CONVENTIONS AND WORKSHOPS
In keeping with the need for continuing in-service training and development for its members, the Board encourages the participation of all members at appropriate conferences, workshops and conventions. In order to control both the investment of time and funds necessary to implement this policy, the Board establishes these principles and procedures for its guidance.
1. The Board periodically decides which meetings appear to be most promising in terms of producing direct and indirect benefits to the Center. At least annually, the Board will identify those new ideas or procedures and/or cost benefits which can be derived from participation at such meetings.
2. Funds for participation at such meetings are appropriated on an annual basis in the Board service fund. When funds are limited, the Board designates which of its members participate in a given meeting.
3. Reimbursement to Board members for their travel expenses is in accordance with the Board’s travel-expense policy and will not exceed an annual amount of $3,000.00 per Board member.
4. When a conference, convention or workshop is not attended by the full Board, those who do participate are requested to share information, recommendations and materials acquired at the meeting.
Beginning on January 1, 2004, Board members may receive compensation for attending Board-approved training programs. A Board member desiring to attend a training program should have the Board take action to approve each training program. Compensation amounts are determined by the length of the program. A program of three hours or less may be compensated at a rate of $60.00. A program of more than three hours may be compensated at a rate of $125.00.
[Adoption date: April 17, 2003]
LEGAL REF.: ORC 3315.15
CROSS REFS.: BHA, New Board Member Orientation
BHD, Board Member Compensation and Expenses
DLC, Expense Reimbursements
File: BHD ( Return to Menu - Section B)
BOARD MEMBER COMPENSATION AND EXPENSES
Compensation/Service Fund
As permitted by law, the Board votes prior to January 1 to set the rate of compensation for the newly elected or re-elected members of the Board. Compensation for Board members may not be changed during their terms of office. Changes in compensation for Board members must be made prior to the beginning of their respective terms.
Each member shall be compensated at the maximum amount permitted by law for each meeting attended and mileage at the current rate of reimbursement, but no member shall be compensated for more than 12 meetings in one year.
Action is taken at the annual organizational meeting on the establishment of a Board "service fund" to pay expenses actually incurred by Board members or members-elect in their official duties. The sum set aside will not exceed the maximum amount permitted by law. This fund is used at the Board's discretion to provide for members' participation in workshops and conferences, for new Board member orientation and development and for other expenses in connection with assigned duties as permitted by law.
Request for payment of expenses shall be through a written statement of expenses at the Board's next meeting succeeding the incurrence of expenses.
Spending Guidelines: Definitions of Public Purpose
The Board recognizes that expenditure of funds within the District must fall within the scope of serving a public purpose. The determination of what expenditures fall under the scope of a public purpose rests with the Board through Board policy pursuant to State law. It is the Board's determination that the following expenditures are a necessary part of the effective function of the extracurricular and curricular programs concerned, once reviewed and approved by the Superintendent.
1. awards
2. recognition and incentive items for employees and/or volunteers
3. prizes/awards/programs for students through student activity funds
The purpose of this policy is to permit the Superintendent, at the discretion of the Board, to honor its employees and nonemployees with plaques, pins and other tokens of appreciation to include meals, refreshments or other amenities which further the interest of the District.
The Board affirms that the expenses incurred as listed above do serve public purposes which include the promotion of education by encouraging staff morale as well as support for the District's educational program with citizens, members of the business community, advisory committee members and associated school districts. Expenditures are subject to approval by the Superintendent.
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File: BHD ( Return to Menu - Section B)
Travel Vendor Compensation
Any compensation paid by a private travel vendor to a District official or employee, after the official or employee has participated in selecting the vendor to provide a field trip, is considered “public money” and must be returned to the District.
All travel arrangements must be in compliance with District field trip regulations and approved by the Superintendent or his/her designee.
[Adoption date: April 17, 2003]
LEGAL REFS.: Const. Art. II, Section 20
ORC 3311.19
3313.12
3315.15
CROSS REFS.: BCA, Board Organizational Meeting
DLC, Expense Reimbursements
GBI, Staff Gifts and Solicitations
JL, Student Gifts and Solicitations
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File: BI ( Return to Menu - Section B)
BOARD LEGISLATIVE PROGRAM
The Board recognizes the importance of sound and constructive state legislation in establishing support for public education. It is therefore directly concerned with legislative proposals affecting education.
The Board’s legislative liaison member reports to the Board on state legislative proposals and communicates the Board’s positions and/or the School Boards Association’s positions to state representatives and senators.
The legislative liaison member also keeps the Board informed of pertinent federal legislative proposals and, when necessary, communicates the Board’s position to representatives and senators at the national level.
[Adoption date: April 17, 2003]
File: BJA ( Return to Menu - Section B)
LIAISON WITH SCHOOL BOARDS ASSOCIATIONS
The Board maintains membership in the School Boards Association. Through its membership in this organization, it is an indirect member of the National School Boards Association. The Board and its members actively participate in the activities of these organizations insofar as possible.
The Board maintains appropriate memberships in various educational organizations for the benefits that are derived for the District. These institutional memberships require Board approval.
[Adoption date: April 17, 2003]
LEGAL REF.: ORC 3313.87
(Return to Section B - Menu) (Return to Policy Manual - Menu)