| Ashtabula County Joint Vocational 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.0162 - Quorum
Four (4) members present at a meeting shall constitute a quorum, and no business shall be conducted in the absence of a quorum.
R.C. 3313.18
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 schedule of the time and place of each regular meeting shall be published annually in the official newspaper(s).
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
Notice of meetings at which a specific type of public business is to be discussed shall be sent to all persons requesting such notice.
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 two (2) months. R.C. 121.22, 3313.15
It shall be the responsibility of the Superintendent in cooperation with the Treasurer to prepare an agenda of the items of business to come before the Board at each regular meeting.
The agenda as presented shall be followed, unless altered by the presiding officer or a majority of those present and voting.
0165.2 - Special Meetings
Special meetings of the Board shall be public. R.C. 121.22
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. 3313.16)
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 reserves 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, or student unless such employee, official, 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, stating therewith the purpose 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 shall disclose the content of discussions that take place during such sessions.
0167
VotingAll 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.
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Number |
R.C. |
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Item |
Needed |
Reference |
|
|
Declaring it |
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necessary to issue |
Majority |
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bonds |
Full Board* |
133.18 |
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Declaration by |
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remaining members, |
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that reasons for a |
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member's absence for |
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ninety (90) days |
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are insufficient to |
2/3, |
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continue membership |
Full Board |
3313.11 |
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Filling a vacant |
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Board seat (majority |
2/3, Full |
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of remaining members) |
Board |
3313.11 |
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Purchase or sell real |
Majority, |
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estate |
Full Board |
3313.18 |
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Number |
R.C. |
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|
Item |
Needed |
Reference |
|
|
Appointment of any |
Majority, |
||
|
employee |
Full Board |
3313.18 |
|
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Elect or appoint an |
Majority, |
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officer |
Full Board |
3313.18 |
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Pay any debt or claim |
Majority, |
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|
Full Board |
3313.18 |
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Adopt textbook |
Majority, |
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|
Full Board |
3313.18 |
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Dispense with resolution |
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authorizing purchase or |
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sale of personal property, |
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appointment of employees, |
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etc., if annual |
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appropriation resolution |
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has been adopted by a |
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|
majority of full |
Majority, |
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|
membership |
Full Board |
3313.18 |
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Removal of the Treasurer |
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or Pro Tempore at any time |
2/3, Full |
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for cause |
Board |
3313.23 |
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Appointment of Treasurer |
Majority, |
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Pro Tempore |
Full Board |
3313.23 |
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Determination that |
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Treasurer's incapacity |
Majority, |
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is removed |
Full Board |
3313.23 |
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Affirm, reverse, vacate |
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or modify an order of |
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student expulsion; |
Majority, |
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reinstate a student |
Full Board |
3313.66(E) |
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Appointment of |
Majority, |
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Superintendent Pro Tempore |
Full Board |
3319.011 |
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Number |
R.C. |
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Item |
Needed |
Reference |
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Removal of Superintendent |
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Pro Tempore at any time |
2/3, Full |
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for cause |
Board |
3319.011 |
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Reemployment of a teacher |
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whom the Superintendent |
3/4, Full |
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refuses to recommend |
Board |
3319.07 |
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Rejection of the |
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Superintendent's |
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recommendation that a |
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teacher eligible for |
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|
continuing contract be |
3/4, Full |
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reemployed |
Board |
3319.11 |
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Selection of textbooks |
Majority, |
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Full Board |
3329.08 |
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Change, revision, or |
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substitution of textbooks |
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during four-year period |
4/5, Full |
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after adoption |
Board |
3329.08 |
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Transfers of funds in |
2/3, Full |
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certain cases |
Board |
5705.14 |
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Resolution declaring the |
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necessity for certain |
Majority, |
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transfers of funds |
Full Board |
5705.16 |
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Levying a tax outside |
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10-mill limitation (not |
2/3, Full |
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emergency) |
Board |
5705.21 |
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Rejection of findings and |
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recommendations of |
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fact-finding panel by |
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board or employee |
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organization under |
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statutory impasse |
3/5, |
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resolution procedure |
Full Board |
4117.14(c)(6) |
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 12/20/990167.1
Use of Electronic MailSince 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 5/21/01
0168
MinutesThe Treasurer shall keep reasonably comprehensive minutes of all its meetings showing the time and place, the members present, the subjects considered, 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. 149.43, 3313.26)
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 ten (10) 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 as indicated on the order of business and 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 must 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 in length 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. | Tape or video recordings are permitted, providing the person operating the recorder has received approval from the Superintendent prior to the Board meeting and agrees to the placement of the equipment and 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. |