0167 - CONDUCT OF BOARD MEETINGS

Elk Rapids Schools

Bylaws & Policies

0167 - CONDUCT OF BOARD MEETINGS

0167.1	Open Meeting/Voting

	All regular and those special meetings of the Board at which the Board is authorized to perform business shall be conducted in public. No act shall be valid unless approved at a meeting of the Board by a majority vote of the members elected or appointed to and serving on the Board and a proper record made of the vote. Meetings of the Board shall be public and no person shall be excluded therefrom. (M.C.L.A. 380.1201)

	No act shall be valid unless it has been approved at a meeting of the Board by a majority vote of the members elected or appointed to and serving on the Board and a proper record has been made of the vote. No act, for which a two-thirds (2/3s) favorable vote is required by law for passage, shall be valid unless it has been approved at a meeting by a two-thirds (2/3s) roll-call vote and a proper record has been made of the vote.

	Unless specifically exempted by Michigan conflict of interest laws, any Board member's decision to abstain shall be recorded and be deemed to acquiesce in the action taken by the majority. Failure to vote, absent a statutory exception, constitutes a breach of the Board member’s duty as a public official. In situations in which there is a tie vote and the abstention represents the deciding vote, the motion shall fail for lack of a majority. 184 Mich App 681, 684 (1990)

	All actions requiring a vote may be conducted by voice, show of hands, or roll-call provided that the vote of each member be recorded. The Board shall be polled to determine the outcome of any vote if any Board member present requests such a poll. Proxy voting shall not be permitted.

	Tape or video recordings are permitted, providing the person operating the recorder has notified the Superintendent prior to the Board meeting to review placement of the equipment and to agree to abide by the following conditions:

	A.	No obstructions are created between the Board and the audience.

	B.	No interviews are conducted in the meeting room while the Board is in session.

	C.	No commentary, adjustment of equipment, or positioning of operators is made that would distract either the Board or members of the audience while the Board is in session.

	Revised 12/11/03
	Revised 11/8/04

0167.2	Closed Meeting

	The Board may meet in a closed session, one closed to the public, for the following purposes:

	A.	By a majority vote, a closed session may be convened for any one of the following purposes:

		1.	To consider the dismissal, suspension, or disciplining of, or to hear complaints or charges brought against, or to consider a periodic personnel evaluation of a public officer, staff member, or individual agent, if the named person requests a closed hearing.

		2.	To consider the dismissal, suspension, or disciplining of a student only if the student or student's parents request a closed hearing.

		3.	To develop strategy or for negotiation sessions connected with the negotiation of a collective bargaining agreement if either negotiating party requests a closed session.

	B.	By a two-thirds (2/3s) roll-call vote, a closed session may be convened for any one of the following purposes:

		1.	To consider the purchase or lease of real property up to the time an option to lease or purchase that real property is obtained.

		2.	To consult with its attorney(s) regarding trial or settlement strategy in connection with specific pending litigation, but only if an open meeting might have a detrimental financial effect on the litigating or settlement position of the District.

		3.	To review the specific contents of an application for employment or appointment if the candidate requests that the application remain confidential. However, all interviews for employment or appointment of the Superintendent shall be held in open meeting of the Board.

		4.	To consider material such as written opinions of counsel which are exempt from discussion by State or Federal statute.

	In keeping with the confidential nature of closed sessions, no member of the Board shall disclose the content of discussions that take place during such sessions. The only exceptions will be discussions with the District’s legal counsel or as directed by an order of a court with proper jurisdiction.

	M.C.L.A. 15.267, 15.268

	Revised 12/11/03
	Revised 4/11/05

0167.3	Public Participation at Board Meetings

	Any person in attendance at a Board of Education meeting who wishes to address the Board may do so during the time allotted for the regular agenda item entitled "Communications and Expressions from the Public", provided that during any Special Meeting of the Board, all remarks of public participants must be limited to an aggregate of thirty (30) minutes and subject matter pertinent to the purpose for which the special meeting was called.

	In addition to speaking, or in lieu of speaking, any person may make a presentation to the Board in writing, which will be read aloud before the Board. Documents supporting any speaker's views will be accepted by the Board but need not be read aloud.

If the person addressing the Board requests any specific action of the Board which violates any provision of statute, rule, contract, or policy of the Board of which the Board is bound, the presiding officer may summarily reject the request, with a statement of the reason for the rejection. Board action upon all other requests must be postponed to a future meeting, unless the Board determines and decrees that an urgency or emergency exists, and that delaying action might endanger lives and property, or be detrimental to the school system or any part of it, or to the public.

Questions posed by anyone addressing the Board may be answered, if possible, by the presiding officer, or he/she may ask or allow another Board member to provide an answer. It is not one of the duties of the Board of Education to directly operate the schools; therefore, if the question involves the operation of the school system or any part of it, the question shall be referred to the appropriate school official, administrator, or employee for an answer. If such a person is present at the meeting and time allows, the chair may call upon him/her to answer immediately.

Copies of these policies and the "Rules for Conducting Public Participation at School Board Meetings" shall be posted and be available to the public at all Board meetings.

The following rules of conduct apply to public participation in a Board meeting:

A.	The time allotted for Communications from the public at any one meeting shall be limited to thirty (30) minutes. This time may be extended only by formal Board action.

B.	The presiding officer may momentarily interrupt any speaker to announce the time remaining for discussion of the issue to which he/she is speaking.

C.	Tape or video recordings are permitted. The person operating the recorder should contact the Superintendent prior to the Board meeting to review possible placement of the equipment, and agrees to abide by the following conditions:

	1.	No obstructions are created between the Board and the audience.

		2.	No interviews are conducted in the meeting room while the Board is in session.

		3.	No commentary, adjustment of equipment, or positioning of operators is made that would distract either the Board or members of the audience while the Board is in session.

	M.C.L.A. 15.263(4)(5)(6), 380.1808

	Revised 12/11/03
	Revised 9/04

0167.4	Administrative Participation

	The Superintendent and those administrators directed by the Superintendent shall attend meetings, when feasible. Administrative participation shall be by professional counsel, guidance, and recommendation – as distinct from deliberation, debate, and voting Board members.

	Adopted 9/04

0167.5	Use of Electronic Mail

	Since E-mail is a form of communication that could conflict with the Open-Meetings Law, it will be used to conduct business of the Board 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 Freedom of Information Act, unless an exemption would apply.

Revised 6/14/93
Revised 12/93
Revised 6/13/94
Revised 1/27/97
Revised 10/22/01
Revised 9/04