School District of Manawa
Bylaws & Policies
 

0160 - MEETINGS

0161

Parliamentary Authority

 
 

The parliamentary authority governing the Board of Education shall be Robert's Rules of Order that apply to small boards, Newly Revised, as defined in Chapter  XVI, "Boards and Committees"

 

0162

Quorum

 
 

Four (4) members present at a meeting shall constitute a quorum, and no business shall be conducted in the absence of a quorum.

 
 

Two (2) forms of a quorum should be avoided.

 
 

"Negative Quorum" – A gathering of less than one-half (1/2) of the members of the Board may be a meeting if that group possesses the power to defeat action taken by the Board of Education.

 
 

"Walking Quorum" – Less than one-half (1/2) of the members of the Board gathered together may constitute a meeting if it is one (1) of a series of meetings through which agreement on an issue is reached. A series of e-mail messages, phone calls or other communications between Board members could be a "meeting" or "walking quorum" because, while the Board members have not physically convened, they can effectively communicate and exercise the authority otherwise vested in the Board.

   

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.

 
 

120.11, Wis. Stats.

 

0164

Call

 

0164.1

Regular Meetings

 
 

The Board shall hold a meeting at least once each month on a date and at a time and place as per policy.

 

0164.2

Special Meetings

 
 

Special meetings of the Board may be called by the President or by the written request of any member of the Board provided there is compliance with the notice provision of 0165.3 Bylaws.

 
 

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

   

0165

Notice

 

0165.1

Regular Meetings

 
 

Public notice of all meetings shall be given pursuant to statute. The Board shall cause to be posted at the Board office and in other locations considered appropriate by the Board, a notice listing the date, time, place, and subject matter of each regularly-scheduled meeting of the Board, including subjects intended for the consideration at any closed session, in the form which is reasonably likely to inform members of the public and the news media. To assure that notice of a meeting is specific enough to apprise the public of the purpose of the meeting, the following factors shall be considered: (1) the time and effort required to provide detailed notice; (2) the level of public interest in the particular subject; and (3) whether the meeting will involve routine or novel issues. The notice shall contain the name and address of the District and its telephone number. The notice shall be given at least twenty-four (24) hours prior to the meeting unless for good cause such notice is impractical, but in no case may the notice be less than two (2) hours in advance of the meeting.

 
 

19.84, Wis. Stats.

 
 

The notice shall also contain the following statement:

 
 

"Upon request to the District office, submitted twenty-four (24) hours in advance, the District shall make reasonable accommodation including the provision of informational material in an alternative format for a disabled person to be able to attend this meeting."

 
 

The notice shall be given to the Waupaca County Post and, upon the written request, to an individual, organization, firm, or corporation. The news media shall be entitled to receive, at their request, copies of such notices free of charge.

 

0165.2

Change of Regular Meetings

 
 

If the Board adopts a resolution changing the date, time, or place of a regularly-scheduled meeting, the meeting notice shall state the date, time, place, and subject matter of the rescheduled meeting, as well as the name and address of the District. Said notice shall be posted at such places as the Board may determine. Said notice shall be posted at least twenty-four (24) hours before the rescheduled meeting.

 

0165.3

Special Meetings

 
 

Said notice shall state the date, time, place, and subject matter of such special meeting, as well as the name and address of the District. A notice of any special meeting shall be posted at least twenty-four (24) hours before said special meeting at the Board office and such other places as the Board may determine. A copy of said notice shall be served upon each member of the Board by personal delivery to the member or his/her residence or by first-class mail, at least twenty-four (24) hours prior to the meeting. A special meeting may be held without prior notice if all Board members are present and consent or each member consents in writing even if s/he does not attend.

 
 

120.11(2), Wis. Stats.

 

0166

Agenda

 
 

The District Administrator in consultation with the Board President shall prepare and submit to each Board member a written agenda prior to each regular meeting and each special meeting, unless otherwise directed by the Board. The agenda shall list the various matters to come before the Board and shall serve as a guide for the order of procedure for the meeting. Individual Board members may include items on the agenda upon the concurrence of the Board President. The level of specificity of the description of subject matter for discussion shall be determined considering the following: (1) the time and effort required to provide detailed notice; (2) the level of public interest in the particular subject; and, (3) whether the meeting will involve routine or novel issues.

 
 

The agenda of the regular monthly meeting or special meetings shall be accompanied by a report from the District Administrator 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 the agenda."

 
 
 

The agenda for each regular meeting shall be delivered to each Board member so as to provide proper time for the member to study the agenda. Generally, the agenda should be delivered no later than three (3) 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.

   
 

Regular meetings of the Board shall follow this general format:

   
 

A.

Call to Order

 
 

B.

Pledge of Allegiance

 
 

C.

Roll Call

 
 

D.

Verify Publication of Meeting

 
 

E.

Presentation

 
 

F.

Consent Agenda

 
   

1.

Approve Minutes of Previous Meetings

 
   

2.

Treasurers Report/Approval of Expenditures

 
   

3.

Other

 
 

G.

Public Comments

     
 

H.

Correspondence

     
 

I.

Administrative Reports

     
 

J.

Board Comments

     
 

K.

Committee Reports

     
 

L.

Unfinished Business

     
 

M.

New Business

     
 

N.

Closed Session

     
 

O.

Reconvene Open Session

     
 

P.

Adjourn

     
 

Alterations may be made as needed. Business may be taken up out of order when the Board adopts a motion to suspend the rules by a two-thirds (2/3) vote or by unanimous consent.

 
 

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

 
 

If the Board wishes to discuss items that were not posted at least twenty-four (24) hours prior to the meeting, the Board must (1) post a separate notice of the item(s) no less than two (2) hours prior to the meeting and (2) show good cause why posting the item at least twenty-four (24) hours prior to the meeting was impossible or impractical.

 
 

19.84(3) Wis. Stats

 

0166.1

Consent Agenda

 
 

The Board of Education 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.

 
 

A.

minutes of prior meetings

 
 

B.

bills for payment

 
 

C.

hiring of personnel

 
 

D.

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

 
 

E.

resignations and leaves

 
 

F.

gifts and bequests

 
 

A member of the Board may request any item to be removed from the consent resolution and defer it for a specific action and more discussion. 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. Any item on the consent agenda may be removed and discussed as a nonaction item or be deferred for further study and discussion at a subsequent Board meeting if the District Administrator or any Board member thinks the item requires further discussion.

 

0167

Conduct

 

0167.1

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 present at the meeting, unless otherwise required by law, and a proper record made of the vote. A Board member’s presence at a meeting includes his/her presence if attending by telephone or other manner of remote access, so long as such remote access is compliant with State law. Remote access during quasi-judicial functions (e.g. termination hearings, expulsions) may be permitted after consultation with legal counsel.

 
 

19.83, Wis. Stats.

 
 

Any Board member's decision to abstain shall be recorded and be deemed to acquiesce in the action taken by the majority. 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.

 
 

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. Proxy voting shall not be permitted. Any member may request that the Board be polled.

   
 

Revised 8/22/16

   

0167.2

Closed Session

 
 

The Board may meet in a closed session, one closed to the public, for specified purposes.

 
 

Each closed session requires a majority roll-call vote of the Board and may be held to:

 
 

A.

deliberate a case which was the subject of any hearing before the Board; (19.85(1)(a))

 
 

B.

consider dismissal, demotion, licensing, or discipline of any Board employee or person licensed by the Board, or the investigation of charges against such person, and the taking of formal action on any such matter, provided that the person is given actual notice of any evidentiary hearing which may be held prior to final action being taken and of any meeting at which final action may be taken. The notice shall contain a statement that the person has the right to demand that the evidentiary hearing or meeting be held in open session. (19.85(1)(b))

 
 

C.

consider the employment, promotion, compensation, or performance-evaluation data of any employee; (19.85(1)(c))

 
 

D.

considering strategy for crime detection or prevention; (19.85(1)(d)

 
 

E.

deliberate or negotiate the purchase of public properties, the investment of District funds, or the conduct of other Board business whenever competitive or bargaining reasons require a closed session; (19.85(1)(e))

 
 

F.

consider financial, medical, social, or personal histories or disciplinary data of specific persons, preliminary consideration of specific personnel problems, or the investigation of charges against specific persons except where par. (b) applies which, if discussed in public, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data, or involved in such problems or investigations; (19.85(1)(f))

 
 

G.

confer with the Board's legal counsel who is rendering oral or written advice concerning strategy to be adopted by the Board with respect to litigation in which it is or is likely to become involved; (19.85(1)(g))

 
 

H.

consider requests for confidential, written advice from the ethics board under 19.46(2), Wis. Stats., or from any county or municipal ethics board under 19.59(5), Wis. Stats.; (19.85(1)(h))

 
 

The presiding officer shall announce the nature of the closed session and the specific section of the law that allows for the closed session.

 
 

No other business other than that stated in the public notice may be conducted at a closed session. The Board may not reconvene its regular or special meeting after a closed session, within twelve (12) hours, unless public notice of the reconvened meeting was part of the public notice of its regular or special meeting.

 
 

In keeping with the confidential nature of closed sessions, no member of the Board shall disclose to anyone the content of discussions that take place during such sessions.

 
 

Recording of Closed Sessions

 
 

Other than expulsion hearings, closed sessions of the Board will not be recorded, filmed or photographed without prior approval of the Board. Any such recording, film or photograph must be maintained in accordance with Policy 8310 – Public Records and Policy 8330 – Student Records.

 
 

66 OAG 318 (1977)

   

0167.3

Public Participation at Board Meetings

 
 

The Board of Education recognizes the value of public comment on educational issues and the importance of allowing members of the public to express themselves on District matters.

 
 

Agenda Item

 
 

Any person or group wishing to place an item on the agenda shall register their intent with the District Administrator no later than fifteen (15) days prior to the meeting and include:

 
 

A.

name and address of the participant;

 
 

B.

group affiliation, if and when appropriate;

 
 

C.

topic to be addressed.

 
 

Such requests shall be subject to the approval of the District Administrator and the Board President.

 
 

Public-Participation Section of the Meeting

 
 

To permit fair and orderly public expression, the Board shall provide a period for public participation at every regular meeting of the Board and publish 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.

 
 

The presiding officer shall be guided by the following rules:

 
 

A.

Public participation shall be permitted as indicated on the order of business, at the discretion of the presiding officer, and for individuals who live or work within the District and parents/guardians of students enrolled in the District.

 
 

B.

Attendees must register their intention to participate in the public portion of the meeting upon their arrival at the meeting.

 
 

C.

Participants must be recognized by the presiding officer and will be requested to preface their comments by an announcement of their name; address; and group affiliation, if and when appropriate.

     
 

D.

Each statement made by a participant shall be limited to three (3) minutes duration.

 
 

E.

No participant may speak more than once on the same topic unless all others who wish to speak on that topic have been heard.

 
 

F.

Participants shall direct all comments to the Board and not to staff or other participants.

 
 

G.

All statements shall be directed to the presiding officer; no person may address or question Board members individually.

 
 

H.

The presiding officer may:

 
 

1.

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

 
 

2.

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

 
 

3.

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;

 
 

4.

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;

 
 

5.

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

 
 

I.

The portion of the meeting during which the participation of the public is invited shall be limited to fifteen (15) minutes, unless extended by a vote of the Board.

 
 

J.

Recording, filming, or photographing the Board’s open meetings is permitted. Recording, filming, or photographing the Board’s closed session is only permitted pursuant to Bylaw 0167.2 – Closed Session. The person operating the equipment should contact the District Administrator prior to the Board meeting to review possible placement of the equipment, and must agree 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 or otherwise disrupt the meeting while the Board is in session.

 
 

19.90, Wis. Stats.

 

0167.5

Use of Electronic Mail

 
 

E-mail is a form of communication that could conflict with the Open Meetings Act and must be preserved for production in the context of an open records request. Board members are strongly discouraged from communicating regarding Board business with other Board members, district administrators, school staff or members of the community via electronic mail. If a Board member does utilize electronic mail, it may 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 District Administrator 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.

 

0167.6

E-mail – Public Records

 
 

There should be no expectation of privacy for any messages sent by e-mail. All messages sent or received by any member of the Board in the course of conducting the business of the Board shall be provided to the District’s Records Custodian or the District Administrator for preservation. Such records may be subject to disclosure under the Public Records Act.

 
 

The District Administrator in consultation with the District Records Custodian shall devise and develop procedures pertaining to e-mail communications and public records. The custodian shall do the following:

 
 

A.

develop procedures for collecting, archiving and cataloguing Board e-mail communications

 
 

B.

develop procedures for reproducing Board e-mail communications to comply with a request under the Public Records Act

     
 

C.

promptly disseminate the procedures for collecting, archiving, and cataloguing Board member e-mail communications to each Board member.

 
 

Board members are required to provide to the Records Custodian all e-mail communications using the procedure developed by the District Administrator and Records Custodian without regard to whether the Board member believes the communication is subject to disclosure under the Public Records Act.

   
 

Prior to implementation of a procedure for collection of e-mail, all such communications of the Board members must be copied to the Custodian or District Administrator.

 
 

Board members shall utilize e-mail communication only as described in Bylaw 0167.5.

   
 

Each Board member as an elected official is independently required by law to comply with public records requests for e-mail communications sent or received on the Board member’s personal e-mail account.

 

0167.7

Use of Personal Communication Devices

   
 

When performing their duties as a Board member, regardless of whether they are using personally-owned or Board-owned personal communication devices (PCDs), Board members use of PCDs shall be in accordance with the following policies and administrative guideline:

   
 

A.

Policy 7530.02 - Staff Use of Personal Communication Devices

   
 

B.

Policy 7542 - Access to District Technology Resources from Personally-Owned Personal Communication Devices

   
 

C.

Policy 7540.04 - Staff Network and Internet Acceptable Use and Safety

   
 

D.

AG 7540.04 - Staff Network and Internet Acceptable Use and Safety

   
 

For purposes of this Bylaw, PCDs shall be defined as set forth in the above-identified policies.

   

0168

Minutes

 

0168.1

Open Meeting

 
 

The Clerk, or a temporary clerk appointed by the presiding officer, shall designate a person to keep minutes of each meeting showing the date, time, place, members present, members absent, any decisions made at a meeting open to the public, and the purpose or purposes for which a closed session is called. These minutes must be approved by the Board and endorsed by the Clerk; or by a person designated by the presiding officer which should ordinarily occur at the next regular meeting. The minutes shall include all votes taken at the meeting.

 
 

Proceedings of each meeting shall be published as a Class I notice and copies of the minutes shall be posted on the District's website within forty-five (45) days of the meeting. The notice shall also contain a listing of receipts and expenditures in the aggregate. There will also be a detailed record of all receipts and expenditures available for inspection at each regular Board meeting and upon written request.

 
 

The minutes shall be available for inspection at the District Administrator's office and shall be available for purchase at a fee estimated by the business office to cover the cost of printing and copying.

   
 

The official minutes shall be bound together by years and kept in the office of the Board of Education.

 
 

Minutes of the preceding meetings shall be approved by the Board as part of the consent agenda unless there is a request for removal from the consent agenda at its next regular meeting.

 
 

The minutes shall show only action taken.

 
 

120.11, Wis. Stats.

© Neola 2012