| Elk Rapids Schools |
| Bylaws & Policies |
0143 - BOARD AUTHORITY AND CONDUCT
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0143.1 |
Authority |
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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) |
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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. |
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Access to District personnel records shall be subject to the following rules: |
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A. |
Examination of school employee personnel records by the Board of Education shall be conducted in accordance with the Open Meetings Act. |
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B. |
Personnel records shall, in their entirety, be returned to the custody of the Superintendent at the conclusion of the Board meeting. |
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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. |
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0143.2 |
Public Expression of Board Members |
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A. |
The Board may designate a spokesperson to disseminate information to the public on Board policies. |
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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. |
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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. |
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0143.3 |
Board Member Ethics |
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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. |
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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. |
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0143.4 |
Conflict of Interest |
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Board members shall perform their official duties in a manner free from conflict of interest. To this end: |
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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. |
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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. |
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If the pecuniary interest pertains to a proposed contract with the District, the following requirements must be met: |
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1. |
The Board member shall disclose the pecuniary 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: |
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a. |
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.) |
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b. |
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. |
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2. |
Any contract in which there is a conflict of interest as defined by this bylaw and the related statute (M.C.L.A. 15.321 et seq.) must be approved by a vote of not less than two-thirds (2/3) of the full Board without the vote of any Board member with a pecuniary interest. |
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3. |
The official minutes of the Board disclose the name of each party involved in the contract, the nature of the pecuniary 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. |
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4. |
A Board member with a pecuniary interest in a contract may participate in discussion and vote on the contract to the extent that the Board member's participation is required by law or his/her vote is needed to constitute a quorum, providing the pecuniary interest is less than $250 and 5% of the contract cost to the District and the Board member files a sworn affidavit to that effect with the Board. Such affidavit is to be made a part of the official minutes of the Board. |
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M.C.L.A. 15.32(3) |
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0143.5 |
Indemnification |
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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 |
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Revised 6/14/93
Revise 5/18/98
Revised 1/11/99