Elk Rapids Schools
Bylaws & Policies
 

0143 - BOARD AUTHORITY AND CONDUCT

0143.1

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.A. 380.1201)

 
 

No member of the Board shall be denied documents or information to which he/she 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.

 

0143.2

Public Expression of Board Members

 
 

A.

The Board may designate a spokesperson to disseminate information to the public on Board policies.

 

B.

Individual Board members may not make public statements on behalf of the Board unless the entire subject matter has been adopted by the Board and has been approved in Board minutes, or unless the Board member has been declared the spokesperson for the specific subject matter involved, by a resolution of the Board.

 
 

C.

When publicly writing or speaking on school matters, which might be of concern to the District, Board members shall make it clear that their views do not necessarily reflect the views of the Board or of their colleagues on the Board.

 

0143.3

Board Member Ethics

 
 

As members of the Board of Education, Board members will strive to improve public education and to that end they will act in an ethical manner.

 
 

The Board encourages all members to read and be guided by all publications concerning Board member ethics issued by the Michigan Association of School Boards.

 

0143.4

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 he/she shall, prior to the matter being considered, declare the possible conflict of interest (which declaration shall become a matter of record in the minutes of the Board) and shall abstain from any vote therein.

 

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, intermediate school district, or public school academy.

 
 

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 personís spouse or spouseís sibling or child; a personís sibling or siblingís spouse or child; a personís child or childís spouse; or a personís parent or parentís 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 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 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 pecuniary 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 pecuniary interest amounts to $5000 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 financial interest in a contract may participate in discussion, but may not vote on the contract.

 
 

Board members shall not accept any money, goods, or services with a value in excess of the amount established annually by the State Department of Education ($44 within any one (1) month period as of December 31, 2004) from any person who does business or seeks to do business of any kind with the District.

 
 

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:

 
 

A.

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

 
 

B.

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;

 
 

C.

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

 
 

D.

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

 
 

Revised 11/10/08

 

Revised 6/3/13

0143.5

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.A. 691.1408

Revised 6/14/93
Revise 5/18/98
Revised 1/11/99

© Neola 2013