Finneytown Local School District
Bylaws & Policies
 

0160 - MEETINGS

0161

Parliamentary Authority

 
 

The parliamentary authority governing the Board of Education shall be the most recent edition of 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 2/21/06

 

0163

Presiding Officer

 
 

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

 

0164

Notice of Meetings

 
 

A.

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

 
   

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."

 

B.

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

 
 

C.

Notice of meetings at which the specific type of public business is to be discussed shall be sent to all persons requesting such notice, provided that such persons supply the Board with stamped, addressed envelopes for the purpose.

 
 

D.

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

 
 

R.C. 3313.16

 

0165.1

Regular Meetings

 
 

Regular meetings of the Board shall be public and held at least once every month. R.C. 121.22, 3313.15

 
 

A.

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

 
 

B.

The agenda of the regular monthly meeting or special meetings shall be accompanied by a report from the Superintendent on information relating to the District with such recommendations as s/he shall make.

 
 

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."

 

C.

The agenda for each regular meeting shall be mailed or delivered to each Board member so as to provide proper time for the member to study the agenda. Generally, the agenda should be mailed no later than two (2) days 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.

 
 

D.

The Board shall transact business according to the agenda prepared by the Superintendent and submitted to all Board members in advance of the meeting. The order of business may be altered and items added at any meeting by a majority vote of the members present.

 
 

E.

Consent Agenda

 
 

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

 
 

The following routine business items may be included in a single resolution for consideration by the Board:

 
 

1.

minutes of prior meetings

 
 

2.

bills for payment

 
 

3.

hiring of personnel

 
 

4.

resolutions that require annual adoption, such as bank signatories, Ohio High School Athletic Association membership, etc.

 
 

5.

resignations and leaves

 
 

6.

regular financial reports

 
 

A member of the Board 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.

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.

 

0165.3

Recess

 
 

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

 

0166

Executive Session

 
 

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

 
 

A.

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

 
 

B.

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

 

C.

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

 
 

D.

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

 
 

E.

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

 
 

F.

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

 
 

G.

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

 
 

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

 
 

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

 
 

An executive session will be held only at a regular or special meeting. After the meeting is convened, any member may make a motion for an executive session, and must state the purpose or purposes of the session by citing one (1) or more of the reasons set forth above. If the session is to discuss a personnel matter listed in paragraph A above, the particular subject for which the session has been called must be identified in the motion. The motion does not need to name the person. Upon receiving a second to the motion and a majority roll-call vote of those present and voting, the chairperson shall declare the Board in executive session. The Board may invite into executive session any persons it deems necessary to accomplish the purpose of the 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 2/21/06

 

0167

Voting

 
 

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

 
 

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

 
 

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

 
 

Item

Number
Needed

R.C.
Reference

 
 

Declaring it necessary to issue bonds

Majority
Full Board*

3313.18

 
 

Declaration by remaining members, that reasons for a member's absence for ninety (90) days are insufficient to continue membership

2/3, Full
Board

3313.11

 
 

Filling a vacant Board seat

Majority, Remaining Members

3313.11

 
 

Purchase or sell real estate

Majority,
Full Board

3313.18

 

Item

Number
Needed

R.C.
Reference

 
 

Appointment of any employee

Majority,
Full Board

3313.18

 
 

Elect or appoint an officer

Majority,
Full Board

3313.18

 
 

Pay any debt or claim

Majority,
Full Board

3313.18

 
 

Adopt textbook

Majority,
Full Board

3313.18

 
 

Dispense with resolution authorizing purchase or sale of personal property, appointment of employees, etc., if annual appropriation resolution has been adopted by a majority of full membership

Majority,
Full Board

3313.18

 
 

Removal of the Treasurer or Pro Tempore at any time for cause

2/3, Full
Board*

3313.23

 
 

Appointment of Treasurer Pro Tempore

Majority,
Full Board

3313.23

 
 

Determination that Treasurer's incapacity is removed

Majority,
Full Board

3313.23

 
 

Affirm, reverse, vacate or modify an order of student expulsion; reinstate a student

Majority,
Full Board

3313.66(E)

 
 

Appointment of Superintendent Pro Tempore

Majority,
Full Board

3319.011

 
 

Removal of Superintendent Pro Tempore at any time for cause

2/3, Full
Board*

3319.011

 

Item

Number
Needed

R.C.
Reference

 
 

Reemployment of a teacher after considering two nominations by the Educational Service Center Superintendent

Majority, Full
Board

3319.07

 
 

Rejection of the Superintendent's recommendation that a teacher eligible for continuing contract be reemployed

3/4, Full
Board*

3319.11

 
 

Reemployment of an other administrator whom the Educational Service Center Superintendent refuses to nominate

3/4, Full
Board*

3319.02

 
 

Selection of textbooks

Majority,
Full Board

3329.08

 
 

Change, revision, or substitution of textbooks during four-year period after adoption

4/5, Full
Board

3329.08

 
 

Transfers of funds in certain cases

2/3, Full
Board

5705.14

 
 

Resolution declaring the necessity for certain transfers of funds

Majority,
Full Board

5705.16

 
 

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

2/3, Full
Board

5705.21

 

Item

Number
Needed

R.C.
Reference

 
 

Rejection of findings and recommendations of fact-finding panel by Board or employee organization under statutory impasse resolution procedure

3/5, Full
Board

4117.14(c)(6)

 
 

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

 

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 two (2) days before the next regular meeting.

 
 

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

 
 

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

 
 

R.C. 149.43, 3313.26

0169.1

Public Participation at Board Meetings

 
 

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

 
 

Any person or group wishing to place an item on the agenda shall register their intent with the Superintendent no later than five (5) 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.

 
 

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 at the discretion of the presiding officer.

 
 

B.

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

 
 

C.

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

 
 

D.

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

 

E.

Each statement made by a participant shall be limited to five (5) minutes duration, unless extended by the presiding officer.

 
 

F.

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

 
 

G.

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

 
 

H.

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.

 
 

R.C. 3313.20

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