Bay Village City 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

   
 

Revised 4/24/06

   

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 4/24/06

   

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 meetings shall be established and posted at the organizational meeting.

     
 

B.

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

     
 

C.

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

     
 

D.

The Treasurer shall notify all Board members of each regular Board meeting no later than four (4) days in advance of the meeting. Such notice shall include the time and place of the meeting, the agenda and the Superintendent's recommendation.

   
 

R.C. 3313.26

   

0164.1

Notification of Board Meetings

   
 

A.

Any news media organization or other person that desires to be given advance notification of regular or special meetings of the Board of Education shall file with the Treasurer of the Board a written request therefore.

     
 

B.

Request for advance notification of regular and special meetings shall specify the name and address of the news media or person to whom the written notification may be mailed.

     
 

C.

The Board requires that a stamped, self-addressed envelope be supplied by all persons requesting notification of regular and special meetings.

     
 

D.

Except in the event of an emergency requiring immediate official action, notice of a special meeting shall be given at least twenty-four (24) hours in advance of the time, place, and purpose of such special meeting.

0165.1

Regular Meetings

   
 

Regular meetings of the Board shall be public and held at least once every two (2) months. R.C. 121.22, 3313.15

   
 

A.

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

     
 

B.

The order of business shall be as follows, unless altered by the presiding officer or a majority of those present and voting:

     
   

Pledge of Allegiance

     
   

Roll Call

     
   

Welcome and Recognition of Visitors

     
   

Acceptance or Modification of Agenda

     
   

Report of the Treasurer

     
   

Report of the Director of Business Affairs

     
   

Report of the Assistant Superintendent

     
   

Report of the Superintendent

     
   

Communications

     
   

Other Business, Reports, Discussions, etc.

     
   

Adjournment

   

0165.2

Special Meetings and Emergency 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.

Except in the event of an emergency requiring immediate official action, notice of a special meeting shall be given at least twenty-four (24) hours in advance of the time, place, and purpose of such special meeting.

     
   

In the event of an emergency special meeting, twenty-four (24) hours advance notice need not be given as long as every effort is made and documented to give oral or written notification to the news media that have requested such advance notification of the time, place, and purpose of each special meeting.

     
 

C.

The order of business shall be as follows unless altered by the presiding officer or a majority of those present and voting:

     
   

Call to order

     
   

Roll Call

     
   

Transaction of business for which meeting was called

     
   

Adjournment

   

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.

   
 

Adopted 4/24/06

   

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.

preparation for conduct or review of 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 shall 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. Upon receiving a second (2nd) to the motion and a majority vote of those present and voting, the chairperson shall declare the Board in executive session.

 

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

   
 

All members of the Board, committee, or subcommittee are entitled to attend executive sessions. The Board, committee, or subcommittee are entitled to attend executive sessions. The Board, committee, or subcommittee may invite any other person to attend an executive session.

   
 

Revised 4/24/06

   

0166.1

Board Sessions

   
 

The Board may call in public work sessions as a committee of the whole Board to discuss issues and formulate motions to be acted upon at a subsequent regular or special meeting of the Board, except that no action may be taken.

   
 

A.

A work session not regularly scheduled may be called at any time by the President; the President shall call such a work session when requested to do so by two (2) members of the Board.

     
 

B.

The Treasurer shall provide notice of a work session meeting in accordance with notice provisions of Section 0164 of these bylaws.

   

0166.2

Committee Sessions

   
 

Committee sessions may be called at any time by the committee chairperson.

   
 

Working committees, each consisting of two (2) Board members, may be appointed by the Board President, subject to Board approval, to serve no longer than the ensuing organizational meeting of the Board unless reappointed by the President at that time. The Superintendent shall be an ex-officio member of each committee.

   
 

The first person named to a committee shall be the chairperson. It shall be the duty of the chairperson to convene the committee. In the chairperson's absence or inability to act, the second named shall replace and perform the duties of the chairperson. Insofar as possible, announcement of future committee meetings shall be made at meetings of the Board.

 

Any committee may be dissolved and discharged by the President or a majority of the Board.

   
 

Working committees shall be advisory in nature and shall consider appropriate matters referred to them by the Superintendent or the President. The purpose for committees shall be to thoroughly research assigned topics and fully develop proposals and alternatives for Board consideration. Committee meetings shall be determined by the demands of the assigned topics. The committee may actively involve in its discussions and deliberations administrators, other staff members, and representatives of the public as determined by the chairperson to be appropriate for the topic under consideration.

   
 

The work of each committee shall be summarized and reported regularly at Board meetings. The chairperson or a person designated by the chairperson shall be responsible to speak at Board meetings on findings and recommendations of the committee and on agenda items related to the areas of interest assigned to the committee.

   
 

The work of committees shall be to assist other Board members in their deliberation and decision making, but it shall not remove the right and responsibility of each Board member to personally study Board matters and to reach independent conclusions.

   

0166.3

Committee Reports

   
 

Each committee from which a written report is requested shall render its report when due and when called for by the President.

   
 

Copies of all such reports to be presented for consideration by the Board shall be distributed to members at least forty-eight (48) hours before the meeting at which they are to be considered.

   
 

Such reports shall be accepted by the Board for consideration at such time as the Board may determine.

   

0166.4

Special Committees of the Board

   
 

Special committees of the Board shall be appointed as their need may develop. A special committee shall be considered dissolved when its report is accepted (even though no action thereon be taken by the Board).

 

The Superintendent may attend all special meetings.

   
 

The President shall appoint all such committees, state their particular business, and set dates for their reports. Such committees shall confine their deliberations to the assignments made by the President and each shall make reports to the Board in accord with the Board's rules.

   

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.

   
 

An abstention shall be recorded and deemed to consent to the outcome of the voting. However, abstentions do not count in a tie vote situation.

   
 

All actions requiring a vote can be conducted by voice, show of hands or 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

   
 

Item

Number
Needed

R.C.
Reference

       
 

Declaring it necessary to issue bonds

2/3, Full
Board*

3133.18

       
 

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

       
 

Reemployment of a teacher whom the Superintendent refuses to recommend

3/4, Full
Board

3319.07

 

Item

Number
Needed

R.C.
Reference

       
 

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

3/4, Full
Board*

3319.11

       
 

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

       
 

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 and 3/4 = 4 MEMBER OF A FIVE-PERSON BOARD

   
 

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 12/11/89

 

Revised 1/27/03

0167.1

Use of Electronic Mail

   
 

Since E-mail is a form of communication that could conflict with the Sunshine Law, it will be used only for the purposes of communicating:

   
 

A.

messages between Board members or between a Board member and employee(s) which do not involve deliberating or rendering a decision on matters pending before the Board;

     
 

B.

possible agenda items between the Superintendent and the Board President;

     
 

C.

times, dates, and places of regular or special Board meetings;

     
 

D.

a Board meeting agenda or public record information concerning items on the agenda;

     
 

E.

requests for public record information from a member of the administration, school staff, or community pertaining to District operations;

     
 

F.

responses to questions posed by members of the public, administrators, or school staff.

   
 

Under no circumstances shall Board members use E-mail to discuss among themselves Board business that is only to be discussed in an open meeting of the Board, is part of an executive session, or could be considered an invasion of privacy if the message were to be monitored by another party.

   
 

There should be no expectation of privacy for any messages sent by E-mail. Messages that have been deleted may still be accessible on the hard drive, if the space has not been occupied by other messages. Messages, deleted or otherwise, may be subject to disclosure under the Public Records Act, unless an exemption would apply.

   
 

Adopted 12/16/96

0168

Minutes

   
 

The Treasurer shall keep minutes of all Board meetings showing the time and place, the members present, the subjects considered, a summary of the deliberations sufficient enough for the public to understand the basis for the Board's actions, the actions taken, the vote of each member on roll call votes, and any other information required to be shown in the minutes by law, which shall be available to the public. (R.C. 121.22, 149.43, 3313.26) Minutes of executive sessions shall reflect the general subject matter of discussions. R.C. 121.22

   
 

The Treasurer shall provide each Board member with a copy of the minutes of the last meeting no later than three (3) days before the next regular meeting.

   
 

The minutes of Board meetings shall be succeeding meeting where they shall be corrected and approved. The approved minutes shall be signed by the Treasurer and the President.

   
 

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

   
 

R.C. 149.43, 3313.26

   
 

Revised 4/28/97

   

0169.1

Public Participation at Board Meetings

   
 

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

   
 

In order to permit the fair and orderly expression of such comment, the Board shall provide a period for public participation at every public meeting of the Board and publish rules to govern such participation in Board meetings.

   
 

The presiding officer of each Board meeting at which public participation is permitted shall administer the rules of the Board for its conduct.

 

Where a ruling of the presiding officer is disputed, it may be overruled by a majority of those present and voting.

   
 

The presiding officer shall be guided by the following rules:

   
 

A.

Public participation shall be permitted at the discretion of the presiding officer.

     
 

B.

The Board requires that public participants be residents of this District, an employee of this District, or anyone having a legitimate interest in the action of the Board.

     
 

C.

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.

     
 

D.

Each statement made by a participant shall be limited to five (5) minutes duration.

     
 

E.

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

     
 

F.

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

     
 

G.

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.

   
 

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 4/24/06