Leipsic Local 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 in all cases in which it is not inconsistent with statute, administrative code, these bylaws, or the rules of order of this Board.

   
 

Revised 12/14/00

   

0162

Quorum

   
 

Three (3) members present at a meeting shall constitute a quorum, and no business shall be conducted in the absence of a quorum. (R.C. 3313.18)

   

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 published annually in the official newspaper(s).

     
   

The notice shall also contain the following statement: "Upon request to the Superintendent, the District shall make reasonable accommodation for a disabled person to be able to participate in this activity."

 

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.

     
 

D.

The Treasurer shall notify all Board members of each 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. 3313.16

   
 

Revised 5/93

   

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 thereof.

     
 

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.

Requests for notification by the news media and other persons shall be valid for the remainder of the calendar year in which requests are made.

     
 

D.

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.

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 agenda of the regular monthly meeting or special meetings shall be accompanied by a report from the Superintendent on information relating to the District with such recommendations as s/he shall make.

     
   

Each agenda shall contain the following statement:

     
     

"This meeting is a meeting of the Board of Education in public for the purpose of conducting the School District's business and is not to be considered a public community meeting. There is a time for public participation during the meeting as indicated in agenda."

 
     
 

C.

The agenda for each regular meeting shall be mailed or delivered to each Board member so as to provide proper time for the member to study the agenda. Generally, the agenda should be mailed no later than two (2) days prior to the meeting, or delivered so as to provide time for the study of the agenda by the member. The agenda for a special meeting shall be delivered at least twenty-four (24) hours before the meeting, consistent with provisions calling for special meetings.

     
 

D.

The Board shall transact business according to the agenda prepared by the Superintendent and submitted to all Board members in advance of the meeting. The order of business may be suspended at any meeting by a majority vote of the members present.

 

E.

Consent Agenda

     
   

The Board shall use a consent agenda to keep routine matters within a reasonable time frame.

     
   

The following routine business items may be included in a single resolution for consideration by the Board:

     
 

1.

minutes of prior meetings

     
 

2.

bills for payment

     
 

3.

hiring of personnel

     
 

4.

resolutions that require annual adoption, such as bank signatories, Ohio High School Athletic Association membership, etc.

     
 

5.

resignations and leaves

     
   

A member of the Board may request any item be removed from the consent resolution. No vote of the Board will be required to remove an item from the consent agenda. A single member's request shall cause it to be relocated as an action item eligible for discussion.

   
 

Revised 5/96

 

Revised 12/14/00

   

0165.2

Special 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.

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 and statement of purpose
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 5/14/02

   

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 will 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 by citing one or more of the reasons set forth above. If the session is to discuss a personnel matter listed in paragraph A above, the particular subject for which the session has been called must be identified in the motion. The motion does not need to name the person. Upon receiving a second to the motion and a majority roll-call 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 may invite any other person to attend an executive session.

   
 

Revised 11/22/93

 

Revised 1/10/06

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.

   
 

Unless a specified number of affirmative votes is required, an abstention shall be recorded and deemed to consent to the outcome of the voting. In situations in which a tie vote occurs and abstentions have been cast, the motion shall fail for lack of a majority.

   
 

All actions requiring a vote can be conducted by voice vote or show of hands, unless a roll-call vote is requested or required. 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

Majority
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

       
 

Appointment of any employee

Majority,
Full Board

3313.18

 

Item

Number
Needed

R.C.
Reference

       
 

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 after considering two nominations by the Educational Service Center Superintendent

Majority, Full
Board

3319.07

 

Item

Number
Needed

R.C.
Reference

       
 

Reemployment of an other administrator whom the Educational Service Center Superintendent refuses to nominate

3/4, Full
Board*

3319.02

       
 

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 4/5 = 4 MEMBERS OF A FIVE-PERSON BOARD

   
 

Revised 5/14/02

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.

   
 

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 12/14/00

   

0168

Minutes

   
 

The Treasurer shall keep reasonably comprehensive minutes of all its 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. 122.22, 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 four (4) days before the next regular meeting.

   
 

Tape recordings shall be made of each meeting of the Board as an administrative aid and shall be destroyed when said purpose has been served and in accordance with public records requirements.

   
 

The minutes of Board meetings shall be considered at the next succeeding meeting where they shall be read (unless waived by law), corrected, and approved. The approved minutes shall be signed by the Treasurer and the President or person acting.

   
 

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 12/14/00

   

0169

Hearing of Citizens

   
 

A member of the public present at a meeting of the Board may address the Board in accordance with the Board's rules. (R.C. 3315.07(C)(2))

   

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 publishes 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 his/her ruling is disputed, it may be overruled by a majority of those board members present.

   
 

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.

   
 

Visitors are always welcome at the regular or special meetings of the Leipsic Local Board of Education. It is necessary though that they realize that the meeting is called to conduct the business of the school system and all such business must be conducted in an orderly and professional manner.

   
 

Visitors who desire to speak to the Board may gain approval by contacting the Superintendent of Schools at least forty-eight (48) hours prior to the starting time of the Board meeting. The visitor must identify his/her topic of concern when making the request to speak to the Board. All individual presentations must be limited to five (5) minutes or less. Discussion on any issue will be left to the discretion of the Board.

   
 

The President of the Board of Education has the authority to limit, curtail, or cancel any and all visitor presentations if conflicts arise because of said presentations.

   
 

Visitors who attend the Board of Education meeting and who desire to speak without prior approval, can do so only at the discretion of the Board President.

   
 

The presiding officer may:

   
 

A.

interrupt, warn, or terminate a participant's statement when the statement is too lengthy, personally directed, abusive, obscene, or irrelevant;

     
 

B.

request any individual to leave the meeting when that person does not observe reasonable decorum;

 

C.

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;

     
 

D.

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;

     
 

E.

waive these rules with the approval of the Board when necessary for the protection of privacy or the administration of the Board's business.

   
 

Tape or video recordings are permitted. The person operating the recorder should contact the Superintendent prior to the Board meeting and must agree to the placement of the equipment and 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 and not disrupt the meeting.

   
 

R.C. 3313.20

   
 

Revised 11/22/93

 

Revised 6/10/03

   

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 1/10/06