0140 - MEMBERSHIP

Cedar Springs Public School District

Bylaws & Policies

0140 - MEMBERSHIP

0141	Number

	The Board of Education shall consist of seven (7) members.

	M.C.L. 380.11a

0141.1	Student-Body Representatives

	The Board may have two (2) representatives from the high school student-body selected by the Student Council.

	Each representative shall be allowed to participate in all Board discussions and attend committee meetings to which they may be assigned or invited. The student-body representative(s) shall not be allowed to vote or participate in closed sessions.

	The Superintendent shall arrange for a place on the agenda at which time the student-body representative(s) shall provide the Board with items of concern and/or interest to the student-body.

	The Superintendent shall approve any such items to be presented to the Board in its agenda.

	The student-body representative(s) shall be responsible for communicating Board questions or decisions pertaining to students to the student councils authorized by Policy 5820.

0142	Election/Appointment

0142.1	Electoral Process

	The number of members of the Board shall remain the same as before July 1, 1996 unless changed by the School electors at a regular or special School election. A ballot question for changing the number of Board members may be placed on the ballot by action of the Board or by petition submitted by School electors as provided under Michigan election law (M.C.L. 168.301 to 168.315).

	Members of the Board shall be elected in the November even year general election (the first Tuesday after the first Monday) in a manner that is consistent with State law.

	A special election may be called by the Board as provided under Michigan election law (M.C.L. 168.301 to 168.315).

	M.C.L. 168.301 et seq.

0142.2	Qualifications

	An individual is eligible for election as a School Board member if the individual is a citizen of the United States and is a qualified and registered elector of the School District by the filing deadline.

	M.C.L. 168.302

0142.3	Term

	Members of the Board shall be elected by the School electors for terms of six (6) years.

	At each regular School election, members of the Board shall be elected to fill the positions of those whose terms will expire. A term of office begins as provided by law (M.C.L. 168.302) and continues until a successor is elected and qualified.

	At least one (1) School Board member for a School District shall be elected at each of the School District’s regular elections. A School Board member’s term of office begins January 1st, immediately following the November election.

	M.C.L. 168.301 et seq.

0142.4	Oath

	Each newly-elected Board member shall file an acceptance of office as well as an affidavit of eligibility within ten (10) days after receiving a certificate of election and shall take an oath of office as prescribed by the Constitution of Michigan.

		A ceremonial oath of office may be administered at the Organizational Meeting and may be administered by, but not limited to:

		A.	family member

		B.	judge

		C.	clergy

		D.	the Superintendent

		E.	community member

		F.	publically elected official

	A ceremonial oath of office may be administered at the Organizational Meeting and may be administered by the Superintendent or publicly elected official.

	M.C.L. 168.309, 168.310

	Revised 6/6/16

0142.5	Vacancies

	The office of a Board member shall become vacant immediately upon the occurrence of any one (1) of the following events:

	A.	the death of the incumbent, or the incumbent's being adjudicated insane or being found to be mentally incompetent by the proper court

	B.	the incumbent's resignation

	C.	the incumbent's removal from office

	D.	the incumbent's conviction of a felony

	E.	the incumbent's election or appointment being declared void by a competent tribunal

	F.	the incumbent's neglect or failure to file the acceptance of office, to take the oath of office, or to give or renew an official bond required by law

	G.	the failure of the District to elect a successor at the annual school meeting or election

	H.	the incumbent's ceasing to possess the legal qualifications for holding office

	I.	the incumbent's residence being removed from the School District

	If less than a majority of the offices of the District becomes vacant, the remaining members of the Board shall fill the vacancy immediately.

	If the vacancy is not filled within thirty (30) days after it occurs, the Board of the Intermediate School District shall fill the vacancy by appointment.

	A person elected or appointed to fill a vacancy on the Board shall file an acceptance of office and shall hold office until the next regular school election.

	M.C.L. 168.310, 168.311

	Filling a Board Vacancy

	If the majority of the Board is still seated, the vacancy shall be filled by the Board using the following procedure:

	A.	The Board shall seek qualified and interested candidates from the community through the news media, word of mouth, and contacts with appropriate organizations.

	B.	All applicants are to submit a notice of their interest, in writing, to the Superintendent.

	C.	The Board may interview all interested candidates to ascertain their qualifications.

	D.	Appointment by the Board to fill a vacancy shall be by majority vote of the full Board.

0142.6	Recall

	Any member of the Board may be recalled pursuant to M.C.L. 168.951 et seq.

0142.7	Orientation

	The Board believes that the preparation of each Board member for the performance of Board duties is essential to the effective functioning of the Board. 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 District, 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.	access to the online Board policy manual

	B.	access to the online current negotiated agreement

	C.	access to the online current budget statement, audit report, and related fiscal materials

	D.	information and access to MASB Board training classes and conferences

	E.	access to on-line Board book procedures

	Each new Board member shall be invited to meet with the Board President and/or the Superintendent to discuss Board functions, policies, and procedures.

	The Board shall encourage the attendance of each new Board member at orientation and training meetings.

0143	Authority

	Individual members of the Board do not possess the powers that reside in the Board of Education. The Board speaks through its minutes and not through its individual members. An act of the Board shall not be valid unless approved at an official meeting by at least a majority vote of the members elected to and serving on the Board. M.C.L. 380.1201

	No member of the Board shall be denied documents or information to which s/he is legally entitled and which are required in the performance of his/her duties as a Board member.

	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 in accordance with the Open Meetings Act.

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

	C.	Information obtained from employee personnel records by members of the Board shall be used only for the purpose of aiding the members in fulfilling 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.

0143.1	Public Expression of Board Members

	The Board President functions as the official spokesperson for the Board.

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

	A.	to local media;

	B.	to local officials and/or State officials.

Sometimes the statements imply, or the readers (listeners) infer, that the opinions expressed or statements made are the official positions of the Board. The misunderstandings that can result from these incidents can embarrass both the member and the Board. Therefore, Board members should, when writing or speaking on school matters to the media, legislators, and other officials, make it clear that their views do not necessarily reflect the views of the Board or of their colleagues on the Board.

A.	This bylaw shall apply to all statements and/or writings by individual Board members not explicitly sanctioned by a majority of its members, except as follows:

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

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

	3.	routine "thank you" letters of the Board

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

	5.	personal statements not intended for publication

B.	Copies of this bylaw shall be sent annually to local media by the Board President.

A Board member’s personal or private use of social media may have unintended, negative consequences to the Board member and/or the District, including possible violations of the Open Meetings Act and issues relating to creation of a public record. Postings to social media should be done in a manner sensitive to the Board member’s responsibilities, applicable District policies, and legal obligations.

Revised 7/16/18

0144	Operations

0144.1	Compensation

	Board members shall receive not more than $30 per meeting up to $599.00 per year as compensation for their services. Expenses of a Board member shall be reimbursed when incurred in the performance of his/her duties or in the performance of functions authorized by the Board and duly vouchered.

	M.C.L. 380.11a, 380.1254

	The following guidelines have been established by the Board of Education to ensure appropriate and proper reimbursement of expenses for Board members. Reimbursement is for the individual Board member only.

	A.	Out-of-state expenses will be reimbursed only for activities authorized by the Board.

	B.	Reimbursement for mileage will not exceed the current rate established by the Internal Revenue Service.

	C.	Attendance at Board conferences should be at the location closest to the District.

	D.	When attending a Board conference, all travel expenses (fees, parking, mileage, meals, and housing) will be reimbursed. The maximum reimbursable expenses are as follows:

		Housing up to $200.00 per night

		Meals up to $50.00 per day

	E.	Any exceptions made for out-of-state conferences for reimbursable expenses must be approved by the Board.

	F.	No entertainment expenses or purchases of alcoholic beverages are reimbursable.

	A check request form detailing the amount and nature of each expense must be submitted to the Board for approval at a Board meeting after the expenses have been incurred and prior to reimbursement.

	Board members may use District credit or debit cards only in accordance with Board Policy 6423 and the accompanying administrative guidelines.

0144.2	Board Member Ethics

	As members of the Board of Education, Board members will strive to improve public education and to that end they will:

	A.	attend all regularly scheduled Board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings;

	B.	recognize that they should endeavor to make policy decisions only after full discussion at publicly held Board meetings;

	C.	render all decisions based on the available facts and independent judgment, and refuse to surrender that judgment to individuals or special interest groups;

	D.	encourage the free expression of opinion by all Board members, and seek systematic communications between the Board and students, staff, and all elements of the community;

	E.	work with the other Board members to establish effective Board policies and to delegate authority for the administration of the District to the Superintendent;

	F.	communicate to other Board members and the Superintendent expressions of public reaction to Board policies and school programs;

	G.	inform themselves about current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by the State and National School Boards Associations;

	H.	support the employment of those persons best qualified to serve as school staff, and insist on a regular and impartial evaluation of all staff;

	I.	avoid being placed in a position of conflict of interest, and refrain from using their Board positions for personal partisan gain;

	J.	take no private action that will compromise the Board or administration, and respect the confidentiality of information that is privileged under applicable law;

	K.	remember always that their first and greatest concern must be for the educational welfare of the students attending the public schools.

	Source: Board of Directors, National School Boards Association.

0144.3	Conflict of Interest

	Board members shall perform their official duties in a manner free from conflict of interest. To this end:

	A.	No Board member shall use his/her position as a Board member to benefit either himself/herself or any other individual or agency apart from the total interest of the School District.

	B.	When a member of the Board determines that the possibility of a personal interest conflict exists, s/he should, prior to the matter being considered, disclose his/her interest (such disclosure shall become a matter of record in the minutes of the Board), and thereafter shall abstain from participation in both the discussion of the matter and the vote thereon.

	C.	A member of the Board is presumed to have a conflict of interest if the member or his/her family member has a financial interest, or a competing financial interest, in the contract or other financial transaction or is an employee of the School District.

		Having a child in the District does not alone constitute a conflict of interest or financial interest in a contract or other financial transaction of the School District.

"Family member" means a person’s spouse or spouse’s sibling or child; a person’s sibling or sibling’s spouse or child; a person’s child or child’s spouse; or a person’s parent or parent’s spouse, and includes these relationships as created by adoption or marriage.

1.	A Board member is not considered to have a financial interest in any of the following instances:

	a.	A contract or other financial transaction between the School District and any of the following:

		1)	A corporation in which the individual is a stockholder owning one percent (1%) or less of the total stock outstanding in any class if the stock is not listed on a stock exchange or owning stock that has a present market value of $25,000.00 or less if the stock is listed on a stock exchange.

		2)	A corporation in which a trust, if the individual is a beneficiary under the trust, owns one percent (1%) or less of the total stock outstanding in any class if the stock is not listed on a stock exchange or owns stock that has a present market value of $25,000.00 or less if the stock is listed on a stock exchange.

		3)	A professional limited liability company organized pursuant to the Michigan limited liability company act, if the individual is an employee but not a member of the company.

b.	A contract or other financial transaction between the School District and any of the following:

	1)	A corporation in which the individual is not a director, officer, or employee.

	2)	A firm, partnership, or other unincorporated association, in which the individual is not a partner, member, or employee.

	3)	A corporation or firm that has an indebtedness owed to the individual.

c.	A contract between the School District and the intermediate school district.

d.	A contract awarded to the lowest qualified bidder, upon receipt of sealed bids pursuant to a published notice for bids if the notice does not bar, except as authorized by law, any qualified person, firm, corporation, or trust from bidding. This does not apply to any amendments or renegotiations of a contract or to additional payments under the contract that were not authorized by the contract at the time of award.

2.	If the financial interest pertains to a proposed contract with the District, the following requirements must be met:

	a.	The Board member shall disclose the financial interest in the contract to the Board with such disclosure made a part of the official Board minutes. If his/her direct financial interest amounts to $250 or more or five percent (5%) or more of the contract cost to the District, the Board member shall make the disclosure in one of two (2) ways:

		1)	In writing, to the Board president (or if the member is the Board president, to the Board secretary) at least seven (7) days prior to the meeting at which the vote on the contract will be taken. The disclosure shall be made public in the same manner as the Board's notices of its public meetings. (See Bylaw 0165.)

		2)	By announcement at a meeting at least seven (7) days prior to the meeting at which a vote on the contract is to be taken. The Board member must use this method of disclosure if his/her financial interest amounts to $5,000 or more.

	b.	Any contract in which there is a conflict of interest as defined by this bylaw and the related statute (M.C.L. 380.1203) must be approved by a majority vote of the full Board without the vote of any Board member with a financial interest.

				However, if a majority of the members of the Board are required to abstain from voting on a contract or other financial transaction due to a financial interest, then for the purposes of that contract or other financial transaction, the members who are not required to abstain constitute a quorum of the board and only a majority of those members eligible to vote is required for approval of the contract or financial transaction.

			c.		The official minutes of the Board disclose the name of each party involved in the contract, the nature of the financial interest, and the terms of the contract including the duration, financial consideration between the parties, facilities or services of the District included in the contract, and the nature and degree of assignment of District staff needed to fulfill the contract.

			d.		A Board member with a conflict of interest in a contract may not participate in the discussion of nor vote on the contract.

	3.		Board members shall not solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts involved with Federal grant funds. A Board member may, however, accept a gift of unsolicited items of "nominal value" from a contractor or party to subcontracts that do not involve Federal grant funds. For purposes of this section, "nominal value" means that the gift has a monetary value of $56 or less.

4.		Board members must disclose any potential conflict of interest which may lead to a violation of this policy to the full Board.

	D.	A Board member may be appointed to serve as a volunteer coach or supervisor of a student extra-curricular activity if all of the following conditions are present:

			1.	the Board member receives no compensation for service as a volunteer coach or supervisor;

			2.	the Board member abstains from voting on issues before the Board concerning the program during the period of time s/he serves as a volunteer coach or supervisor;

			3.	there is no other qualified applicant available to fill a vacant position; and

			4.	the appointing authority has received the results of a criminal history check and criminal records check from the Michigan State Police or the Federal Bureau of Investigation for the Board member.

	M.C.L. 15.183, 15.323, 380.1203

	See also, Policy 6420, Conflict of Interest - Legal Counsel, Advisors, or Consultants.

	Revised 3/14/16
	Revised 6/6/16

0144.4	Indemnification

	The Board may hold harmless, indemnify, pay, settle, or compromise a judgment against a Board member to the extent allowed under the law.

	M.C.L. 691.1408

0145	Discriminatory Harassment

	The Board of Education’s intent is to provide an environment that fosters the respect and dignity of each person. To this end, the Board is committed to maintaining an environment free of harassment and intimidation.

	Sexual harassment includes all unwelcome sexual advances, requests for sexual favors, and verbal or physical contacts of a sexual nature whenever submission to such conduct is made a condition of employment or a basis for an employment decision. Other prohibited conduct includes that which has the purpose or effect of creating an intimidating, hostile, discriminatory, or offensive environment on the basis of gender, religion, race, color, national origin or ancestry, age, disability, height, weight, marital status, and/or any other legally protected characteristic.

	The harassment of a student, staff member, or third party (e.g. visiting speaker, athletic team member, volunteer, parent, etc.) is strictly forbidden. Any person who is found to have violated this policy will be subject to discipline in accordance with law.

	M.C.L. 380.1300a