0140 - MEMBERSHIP

Bay Village City School District

Bylaws & Policies

0140 - MEMBERSHIP

0141	Number

	The Board of Education shall consist of five (5) members elected at large.

0141.2	Conflict of Interest

	A Board member shall not have any direct pecuniary interest in a contract with the School District; nor shall s/he furnish directly any labor, equipment, or supplies to the District; nor shall s/he be employed by the Board in any capacity for compensation.

	In the event a Board member is employed by a corporation or business which furnishes goods or services to the School District, the Board member shall declare his/her association with the organization and refrain from debating or voting upon the question of the contract. It is not the intent of this policy to prevent the District from contracting with corporations or businesses because a Board member is an employee of the firm. The policy is designed to prevent placing a Board member in a position where his/her interest in the public schools and his/her interest in his/her place of employment might conflict and to avoid appearances of conflict of interest even though such conflict may not exist.

	The law specifically forbids:

	A.	the prosecuting attorney or city attorney from serving on the Board of Education.

	B.	a Board member from serving as the School dentist, physician, or nurse.

	C.	a Board member from being employed for compensation by the Board.

	D.	a Board member from having, directly or indirectly, any pecuniary interest in any contract with the Board.

	E.	a Board member from voting on a contract with that person as a teacher or instructor if s/he is related to that person as father, mother, brother, or sister.

	F.	a Board member from accepting a reward, gift, or reduction in price for favoring, recommending, or advocating the introduction, adoption, or use in the school, of a textbook, map, chart, or any other school supply.

	G.	a Board member, for a period of one (1) year after leaving office, from accepting employment with the Board where such employment was authorized by the Board while s/he was a member thereof.

	H.	a Board member from soliciting, or using the authority or influence of his/her office, to secure employment with the Board.

	I.	a Board member from voting, deliberating, participating in discussion, or otherwise using the authority or influence of his/her office to create a position with the School District or to set the compensation for such position where s/he is considering, or is being considered for, employment in that position.

	J.	a Board member from having interest in the contract for the purchase of property, supplies, or fire insurance by any county, township, municipal corporation, board of education, or public institution anywhere in the State of Ohio if such contract exceeds $150 unless the contract is let by competitive bidding.

	Nothing herein shall prevent a Board member who attends a conference held by an association of public officials and employees from accepting a meal, or attending a reception or open house, the cost of which is financed by a private party so long as the meal, reception, or open house is: (1) of an ordinary, routine character; (2) at an educational or informational event; and (3) open to all of the public officials and employees attending the event. See Ohio Ethics Commission Advisory Opinion No. 2002-02 (6/13/2002). A Board member is prohibited from improperly using his/her position to secure the donation of the cost of a meal, reception, or open house at a conference of an association of public officials and employees to which s/he or his/her Board belongs, while the Board member is simultaneously engaged in governmental business or regulatory activity directly affecting the related interests of the person solicited.

	R.C. 102.03(D)(E)(F), 2921.42(A)(3), 2921.44(D-F)
	R.C. 2921.02, 3313.13, 3313.33, 3313.70, 3319.21

	Revised 1/27/03

0142	Qualifications

	New members of the Board shall qualify for seats on the Board by presenting themselves at the organizational meeting of the Board on the organizational meeting following their election and taking the legally prescribed oath.

	Members chosen by the Board to fill vacancies occurring prior to a general or regular municipal election shall qualify for their seats by taking the oath of office at the meeting when chosen or at the following regular meeting.

	R.C. 3310.10, 3313.13

0142.1	Oath

	Each member of the Board shall, before entering his/her duties of office, take an oath to support the Constitution of the United States and the Constitution of the State of Ohio and to perform faithfully the duties of his/her office. (R.C. 3313.10)

0142.3	Orientation

	The Board believes that the preparation of each Board member for the performance of Board duties is essential to the effectiveness of the Board's functioning. The Board shall encourage each new Board member to understand the functions of the Board, acquire knowledge of matters related to the operation of the schools, and learn Board procedures. Accordingly, the Board shall give to each new Board member no later than his/her first regular meeting as a Board member for his/her use and possession during the term on the Board the following items:

	A.	a copy of the Board policy manual,

	B.	a copy of the administration's regulations manual,

	C.	a copy of each current negotiated agreement,

	D.	a book of job descriptions,

	E.	the current budget statement, audit report, and related fiscal materials, and

	F.	a copy of the Annual Report. (A.C. 3301-11-02)

The Board shall assist each new member-elect to understand the Board's functions, policies, and procedures before s/he takes office. The following methods shall be employed:

A.	The Treasurer shall invite each new electee to attend all meetings of the Board and shall provide him/her with all agenda and materials given members of the Board prior to the November and December meetings.

B.	The following materials when available shall be given to the electee by the Board President:

	1.	handbook for members of boards of education in Ohio issued by the State Board of Education - most recent edition,

	2.	Basic Boardmanship published by the Ohio School Boards Association,

	3.	minutes of the Board meetings for the current calendar year,

	4.	copies of the school budget, appropriations resolution, and such other fiscal and statistical reports as the Superintendent may determine, and

	5.	copies of any current special appraisals, surveys, and reports which have been made of the school system by research organizations, staff committees, or citizens groups.

C.	The Treasurer shall inform publishers of the current periodicals that their subscription lists should be changed to reflect changes in Board membership.

D.	The incoming member shall be invited to meet with the Superintendent and the Treasurer to discuss services each performs for the Board.

E.	The incoming member may request a tour of the school plant to be arranged by the Superintendent or his/her representative.

	Each new member appointed to fill an unexpired term shall have all applicable orientation experiences and information made available to him/her at the earliest practical date.

	The Board shall provide and maintain a library of publications and reference materials for the use of Board members.

	The Board shall encourage the attendance of each new Board member at orientation and training meetings. (R.C. 3315.15)

	Revised 4/14/06

0143	Election

	Members of the Board shall be elected at large in accordance with law. (R.C. 3313.08, 3313.02)

0144	Term

	The term of each Board member shall be four (4) years and shall commence on the first (1st) day of January following the member's election. (R.C. 3313.09)

0145	Vacancies

	The Board has the authority to fill by appointment any vacancy in its membership. In filling this vacancy, the Board will release an appropriate press release announcing the vacancy and soliciting resumes and/or letters of interest from persons interested in appointment to the vacancy. Letters of interest will be accepted for a two (2) week period following the first publication of the request for letters of interest. As soon as practical after the two (2) week period the Board shall meet, review the letters and resumes, and determine how many of the applicants shall be interviewed.

	An additional meeting(s) shall be scheduled for the purpose of interviewing prospective candidates. The Board shall then fill the vacancy from the interviewees or reject all applicants and repeat the procedure.

	The person appointed shall hold office for the shorter of the following periods:

	A.	until the completion of the unexpired term,

	B.	until the first (1st) meeting in January immediately following the next regular Board election taking place more than ninety (90) days after a person is selected by the Board.

	R.C. 3.07, 3313.11, 3313.85

0146	Resignation or Removal

	Whenever a member shall cease to be a bona fide resident of the District which s/he was elected to represent, his/her membership shall cease immediately.

	The removal of a member who resigns shall become effective upon the presentation of the resignation to the Board duly convened or upon the effective date specified in the resignation, whichever is later.

	Any member who fails to attend meetings of the Board for a period of ninety (90) days for reasons determined to be insufficient on the affirmative vote of two-thirds (2/3's) of the remaining members of the Board, and this vote is taken and entered into the record of the Board no less than thirty (30) days after the period of absence shall no longer be a member and his/her office shall be vacant. R.C. 3313.11

	A vacancy on the Board may be caused by death, nonresidence, resignation, removal from office, failure of a person elected or appointed to qualify within ten (10) days after the organizational meeting of the Board, or of his/her appointment, removal from the District, or absence from meetings of the Board for a period of ninety (90) days, if such absence is caused by reasons declared insufficient by a two-thirds (2/3's) vote of the remaining members of the Board, which vote must be taken and entered upon the records of the Board not less than thirty (30) days after the absence. (R.C. 3313.11)

	A member may be removed for misconduct in office in accordance with law. (R.C. 3.07 et seq.)

	Revised 10/27/03

0147	Compensation

	Compensation of Board members shall be the maximum as specified by R.C. 3313.12, 3313.86.

	Expenses of a Board member incurred in the performance of his/her duties and expenses of a member-elect in training and orientation will be paid from the Board service fund, provided that each such member or member-elect apply for such payment with a written statement of his/her expenses. (R.C. 3315.15)

	Each member of this Board may be compensated, further, by Board resolution, up to the rate authorized by the State for each meeting of local school districts called by the county school district and attended by the said member (R.C. 3315.06).

	Each Board member shall be permitted to request coverage for him/herself and/or families in the School District's group health and life insurance plans. This coverage is permissible only at the Board member's expense and must be announced at a regular meeting and recorded in the minutes. This does not constitute "pecuniary interest" in any contract. (R.C. 3313.12)

	Within thirty (30) days after a Board member takes office, s/he has an opportunity to become a member of the State Employees Retirement System in accordance with R.C. 3309.012 and A.C. 3309-1.

	The Board member shall notify the Treasurer whether or not s/he wishes to participate. The Treasurer shall ensure that the proper procedure is followed for completing the information required by the Retirement Board.

	Revised 3/25/96

0148	Public Expressions of Members

	From time to time individual Board members make public statements on school matters:

	A.	to local media, and/or

	B.	to local officials and/or State officials.

	Sometimes the letters imply, or the readers (listeners) infer, that the opinions in the letters are the official positions of the Board. The misunderstandings that can result from these incidents can embarrass both the member and the Board. If a Board member believes embarrassment or confusion will result, the Board member may use the following disclaimer:

		"The Bay Village City Board of Education, as a matter of policy, disclaims responsibility for any private publications by its members. The views expressed herein are those of the author and do not necessarily reflect the views of the Board or of the author's colleagues on the Board."

	This bylaw shall apply to all correspondence and/or publications by individual Board members not sanctioned by a majority of its members, except as follows:

	A.	correspondence, such as legislative proposals, when the Board member has received official guidance from the Board on the matters discussed in the letter.

	B.	routine, not for publication correspondence of the Superintendent and other Board employees.

	C.	"campaign articles" or "position papers" of candidates for elections to the Board.

	D.	routine "thank you" letters of the President of the Board.

	E.	statements by Board members on nonschool matters (providing the statements do not identify the author as a member of the Board).

	F.	personal statements not intended for publication.

	G.	post-election letters by Board members thanking citizens for voting for them.

0149.1	Authority

	Access to District personnel records shall be subject to the following rules:

	A.	Examination of school employee personnel records by the Board of Education shall be conducted only at executive sessions of the Board. Any Board member may request that the Superintendent bring the personnel records of a designated employee(s) to a meeting of the Board.

	B.	Personnel records shall, in their entirety, be returned to the custody of the Superintendent at the conclusion of the executive session of the Board.

	C.	Information obtained from employee personnel records by members of the Board shall be used only for the purpose of aiding the members to fulfill their legal responsibilities in making decisions in such matters as appointments, assignments, promotions, demotions, remuneration, discipline, and dismissal or to aid the development and implementation of personnel policies, or for such other uses as are necessary to enable the Board to carry out its legal responsibilities.