The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

0160 - MEETINGS

0161

Parliamentary Authority

   
 

The parliamentary authority governing the School Board shall be the most recent edition of Robert's Rules of Order, Newly Revised.

   
 

The Board Attorney shall serve as parliamentarian at all Board meetings.

   

0162

Quorum

   
 

Five (5) members present shall constitute a quorum at any meeting, except as otherwise specified in these policies. No business shall be conducted in the absence of a quorum.

   
 

F.S. 1001.37(4)

   

0163

Presiding Officer

   
 

The Chair shall preside at all meetings of the School Board. The Vice-Chair shall preside in the absence, disability, or disqualification of the Chair. If neither is available, another member shall be selected to preside by mutual consent of those present.

   

0164

Notice of Meetings

   
 

A.

Regular Meetings, Conference Sessions, Workshops, and Public Hearings

     
   

The School Board shall give notice of the date, time, place, and general subject matter of its regular meetings, conference sessions, workshops, and public hearings.

     
   

Notice means publication in a newspaper of general circulation and posting on the Board website not less than seven (7) days before the meeting. An agenda shall be prepared in time to ensure that a copy of the agenda may be received at least seven (7) days before the meeting by any person who requests a copy.

     
   

The Superintendent shall provide the approved schedule of regular meetings and notices of all meetings to the Clerk of the Board for publication and to the Citizen Information Center.

     
 

B.

Board Committee Meetings

     
   

The Board shall give notice of the date, time, and place of Board committee meetings. Notice means publication in a newspaper of general circulation and posting on the Board website not less than five (5) days prior to the meeting.

     
 

C.

Special Meetings

     
   

The Board shall give at least forty-eight (48) hours written notice of the time and purpose of a special meeting. An agenda for the meeting shall be prepared upon the call of the meeting, but not less than forty-eight (48) hours prior to the meeting.

     
   

The Superintendent shall post the special meetingís purpose, date, time, and place on the Board website and provide it to the Clerk of the Board and the Citizenís Information Center immediately upon the call of the meeting but not less than forty-eight (48) hours prior to the meeting. Notice may be provided in a newspaper of general circulation as appropriate.

     
 

D.

Emergency Meetings

     
   

The Board shall give notice of emergency meetings in any manner that is fair under the circumstances and necessary to protect the public interest.

     
 

E.

Cancellations or Revisions

     
   

Where feasible, cancellations or non-substantive revisions to a notice of announcement previously posted in a newspaper of general circulation must be received by the Clerk of the Board no later than five (5) days before the meeting.

     
 

F.S. 120.525
F.S. 120.81
F.S. 1001.372

   

0165

Public Meetings

   
 

All meetings at which official acts are to be taken are open public meetings, and no resolution, rule, policy, regulation, or formal action shall be considered binding except as taken or made at such a meeting. All meetings of the School Board shall be open to the public, except as provided by Florida law, and the order of business of any regular meeting shall include an opportunity for the public to address the Board. The purpose of the public portion of the Board meeting, however, is to allow the public to address specific agenda items and general matters within the Board's jurisdiction.

   
 

The Board shall first consider Wednesdays to schedule all meetings in which Board members are requested to attend, recognizing that certain factors may impede consideration for Wednesdays including, but not limited to, advertisements, agenda publication deadlines, emergency meetings, annual organizational meeting, legislatively mandated periods for special meetings and budget public hearings, religious holidays, previously scheduled calendared conflicts and travel, legislative session, Dade Days, and graduations.

   
 

A.

Regular Meeting

     
   

The Board shall hold at least one (1) regular meeting each month according to a schedule approved by the Board at its organization meeting.

     
   

All regular meetings will begin at 11:00 a.m. in the Board Administration Building Auditorium, 1450 Northeast Second Avenue, Miami, Florida. At 11:00 a.m., the Board will address Board member agenda items designated by the Board Chair and seeking approval of recognitions, resolutions, endorsements, or proclamations. Board members are limited to two (2) presentations of these types of items per Board meeting. A quorum must be present to vote on these items. Following the vote, the meeting will recess and the presentation of approved items may then be made. A quorum is not necessary for these presentations. All persons signed up to speak to these items may do so at this time. The Superintendentís Special Orders shall follow the Board member presentations. The Board may then recess for lunch if time permits. The Board meeting will reconvene at 1:00 p.m., at which time a quorum must be present, to complete the remainder of the regular Board meeting agenda.

     
   

Upon public notice, regular meetings of the Board may be held at any appropriate public place in the county. Public notice shall consist of publication in a newspaper of general circulation in the county.

     
   

Any change in the date or time for these meetings shall be by an action of the Board.

     
 

B.

Board Committee Meetings

     
   

Board committee meetings addressing the monthly Board agenda shall occur after the publication of the official agenda and prior to the regularly scheduled monthly Board meetings. Unless otherwise noticed, these meetings shall be held in Room 726, Board Administration Building, 1450 NE 2 Ave., Miami, Florida.

     
 

C.

Special Meeting

     
   

Special meetings may be called for official action on topics specified in the call and agenda for the meeting by the Superintendent, the Chair of the Board through the Superintendent, or by request of a majority of the members of the Board. A majority of the members of the Board may only request the convening of a special meeting of the full Board by seeking the approval of a majority of the members present at a regular or special Board meeting.

     
   

Unless otherwise noticed, all special meetings will be held in the Board Administration Building Auditorium, 1450 NE 2 Ave., Miami, Florida. The date and time shall be specified in the call and agenda for each meeting.

     
 

D.

Emergency Meeting

     
   

If the Board finds that an immediate danger to the public health, safety, or welfare requires immediate action, it may hold an emergency public meeting in accordance with State law.

     
 

E.

Public Hearings

     
   

Public hearings may be scheduled on a specific topic, document, or proposal which is to be the subject of Board action that will be taken at the public hearing or at an upcoming regular Board meeting, either to comply with State law or to hear citizens on an issue of great public interest.

     
 

F.

Conference Session

     
   

Conference sessions may be conducted to receive information and confer with the Superintendent on issues requiring in-depth consideration and discussion with a possible proposed recommended action to be taken by the Board at an upcoming regular meeting. Citizens will not be heard at conference sessions unless the Board determines otherwise in advance of the session. A conference session shall be scheduled in the same manner as a regular Board meeting.

     
 

G.

Workshop

     
   

Workshops may be scheduled to receive information and confer with the Superintendent on issues requiring in-depth consideration and discussion, with a possible proposed recommended action to be taken by the Board at an upcoming regular meeting. Only after a minimum of six (6) Board members, upon being polled by the Chair through his/her designee, have advised of their intent to attend a workshop on a given date, shall the workshop be scheduled, noticed, and advertised. Once the workshop is advertised, noticed, and the meeting is conducted in accordance with the requirements of this rule and with any applicable provisions of the Sunshine Law, the workshop may be held even if a quorum is not present.

     
   

Workshops will be conducted in Conference Room 726B of the Board Administration Building, 1450 Northeast Second Avenue, Miami, Florida, unless otherwise noticed. If a greater than normal attendance by the public is anticipated for any specific Board workshop, the workshop may be held at the Board auditorium. The date and time shall be specified in the call and agenda for the meeting.

     
 

H.

Member Conferences

     
   

Individual Board members may sponsor conference-type discussions, inviting Board members, staff, and members of the public to engage in a voluntary and informal discussion of topics of vital concern to the member in an effort to foster a free flowing exchange of information and ideas. These conferences must be open to the public and otherwise satisfy Florida law governing public meetings and applicable Board policies.

     
   

These are voluntary forums for discussion purposes only, are not official Board meetings, and no action may be taken on the topics discussed. Agendas for these meetings will be proposed by the Board member calling the meeting and may be changed or amended as provided by the Sunshine Law, Board policies, and the Administrative Procedure Act.

     
 

F.S. 286.011
F.S. 286.0114

   
 

Revised 9/7/11
Revised 10/16/13
Revised 6/18/14
Revised 9/9/15

   

0165.1

Agendas

   
 

A.

Preparation and Distribution

     
   

The Superintendent shall be responsible for the preparation and distribution of the agenda for regular and special meetings of the School Board. The agenda shall contain, in order of presentation, a listing of each subject and, if appropriate, the recommendation(s) for each item to be considered by the Board.

     
   

The agenda for each Board meeting shall be prepared and distributed in accordance with the requirements of the State of Florida Administrative Procedure Act. Complete agenda items must include at least one (1) named sponsor, heading, Board committee designation, link to strategic plan, subject, explanation, recommended action, and any required attachments.

     
   

On occasion, a proposed agenda item may be submitted as a "holder" when there is insufficient information to provide a full description of the action being proposed. Holder agenda items shall, at a minimum, describe the purpose and intent of the item in as much detail as possible. However, except for information items, resolutions, endorsements and proclamations, these proposed holder agenda items cannot be published unless they are complete. Any holder agenda item, except those for information, resolutions, endorsements, and proclamations, that is not completed and submitted at least two (2) days before the Board committee meetings and no later than seven (7) days before the Board meeting shall not be published and the Board may not take action on the item.

     
 

B.

Items Board Member Wish to Include in the Agenda

     
   

Board members who sponsor items, including recognition, resolution, endorsement, and proclamation items, which they wish to have considered at regular Board meetings should submit them to the Superintendent for inclusion in the agenda at least nine (9) calendar days prior to a regular Board meeting. Proposed Board member items are to be submitted for each subsequent meeting no earlier than the next regular business day after the conclusion of the prior regular Board meeting. In order to ensure that items proposed by Board members are numbered in the order in which they are received by the Board Office Manager or anyone designated by the Superintendent for this purpose, all proposed items by Board members will be date-stamped and numbered in the sequence in which they are received. All proposed items submitted must contain, at a minimum, a subject heading specifying the topic that is being proposed for discussion. Board members shall submit Board member agenda action items and resolutions seeking a call to action to the Board Attorney's office for review as to form and legal sufficiency prior to presentation of these items at the appropriate Board committee meeting.

     
 

C.

Agenda Changes

     
   

The agenda shall contain the items to be considered in the order of presentation. After the agenda has been made available, a change shall be made only for good cause, as determined by the Chair, and stated in the record. Notification of such change shall be at the earliest practicable time.

     
 

D.

Co-Sponsorship of Board Member Agenda Items

     
   

Board members may co-sponsor another Board member's agenda item after it has been published by publicly expressing their desire to co-sponsor the item at the Board committee meeting prior to the Board meeting in which the item will be considered. If the prime sponsor accepts the co-sponsor(s), the prime sponsor will revise and resubmit the item with the addition of the co-sponsor(s).

     
   

Board members may also express their desire to co-sponsor an item at the regular meeting in which the item is presented for Board approval. If co-sponsorship is requested at a Board meeting, the Board shall treat the request pursuant to Robert's Rules of Order as a motion to amend the item to indicate the co-sponsorship(s).

     
   

Board members may only co-sponsored other Board members' regular Board meeting agenda items. Co-sponsorship of another Board member's recognition, resolution, endorsement, or proclamation will be counted towards the co-sponsoring member's two (2) item limit for these types of agenda items as described in Policy 0165.

     
 

E.

Consent Agenda

     
   

At the beginning of regular Board meetings, the Chair will call for items which the Board members would like to address and announce those items. The items not selected by Board members to address constitute the consent agenda. The Chair shall call on speakers who have signed up to speak to those items pursuant to Board Bylaw 0169.1, Public Participation, and provide them the opportunity to speak. The Chair will then call for a vote on the consent agenda. Rule-making items on which a public hearing has been timely requested pursuant to Bylaw 0131 may not be approved on consent.

     
 

F.

Distribution of the Agenda

     
 

1.

Board Members

     
   

The agenda of regular meetings shall be distributed to members of the Board and the student advisor at least seven (7) days in advance of the meeting date. Copies also will be made available to the Board members' administrative assistants. The final versions of all items and all relevant agenda related material and back-up documentation must be presented to Board members at least two (2) days before the Board committee meetings. This requirement shall not apply to items dealing with personnel appointments and assignments, matters that are not appropriate for review by Board committees, and items presented at special or emergency meetings of the Board.

     
 

2.

Administrative Staff and Recognized Employee Organizations

     
   

The Superintendent shall determine the administrative staff of the school system to whom the agenda for regular and special meetings of the Board will be distributed in advance of the meetings and shall distribute the agenda to employee organizations as provided for in the collective bargaining agreements with approved bargaining units.

     
 

3.

Individuals and Community Organizations

     
 

a.

A copy of the agenda may be examined and/or obtained by an interested person at the Citizen Information Center after the agenda is published.

     
   

For news media representatives, the County Council PTA/PTSA Executive Board, the Miami-Dade County Association of Student Government Presidents, and other governmental education-related community organizations, copies of the agenda will be made available at no cost through the Citizen Information Center. Requests for other distribution may be made by the Superintendent or any Board member.

     
 

b.

A copy of the agenda also will be available at the Citizen Information Center prior to and during Board meetings.

     
 

c.

The agenda may be accessed via the Board's website.

     
 

G.

Distribution of Agenda-related Supplemental Materials and Documents

     
 

1.

Board Members

     
   

Prior to each meeting of the Board, the Superintendent will distribute to each Board member and the student advisor supporting materials and documents prepared to accompany the items which are included on the agenda. The final versions of all items, along with all relevant agenda related material and back-up documentation must be presented to Board members at least two (2) days before the Board committee meetings. Copies of the supporting materials and documents also will be made available to the administrative assistants to the members of the Board.

     
 

2.

Administrative Staff and Recognized Employee Organizations

     
   

The document containing supplemental materials to the agenda will be distributed to the administrative staff of the school system as determined by the Superintendent. The Superintendent shall distribute this document to employee organizations as provided for in the collective bargaining agreements with approved bargaining units.

     
   

The distribution of this document, though, shall be kept to an absolute minimum because of the expense involved in preparing copies of all documents and materials.

     
 

3.

For news media representatives, the County Council PTA/PTSA Executive Board, the Miami-Dade County Association of Student Government Presidents, and other governmental and education-related community agencies, copies of the supplemental materials will be made available to them at no cost through the Citizen Information Center. The distribution of these materials shall be kept to an absolute minimum because of the expense involved in preparing copies of all documents and materials.

     
   

A copy of these materials will be available at the Citizen Information Center prior to and during Board meetings.

     
 

H.

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 altered by a majority vote of the members present and items added for good cause as determined by the Chair.

     
 

I.

The agenda for special meetings called by the Superintendent, or by the Superintendent on request of the Board Chair, or on the request of a majority of the Board members, shall be prepared upon the calling of the meeting but not less than forty-eight (48) hours prior to such a meeting.

     
 

Revised 4/17/13
Revised 10/16/13
Revised 6/18/14
Revised 9/6/17

   

0165.4

Recess

   
 

The School Board may at any time move for a recess or intermission in the day's proceedings. If a recess is provided for in the agenda, the Chair will announce that the meeting is recessed to the specified time. When the Board reconvenes at the time that the recess is to conclude, the Chair will call the meeting to order and business will proceed as a continuation of the previous session.

   

0165.5

Adjourn

   
 

The School Board may, at any time during a meeting, adjourn the meeting to a specified date and time. Before accepting a motion to adjourn, the Chair should be sure that no important matters have been overlooked. If there are announcements, they should be made before adjournment.

   

0166

Non-Public Meetings

   
 

A.

Attorney-Client Sessions

     
   

The School Board and its attorneys may meet in private to discuss pending litigation to which the Board is presently a party under the following conditions:

     
 

1.

The Board Attorney shall advise the Board at a public meeting that s/he desires advice concerning the litigation. Alternatively, the Board Attorney may submit a written request for an attorney-client session to the Board Chair.

     
 

2.

The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures.

     
 

3.

The Board shall give reasonable public notice on the Boardís website and a local newspaper of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending.

     
 

4.

The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the Clerk of the Board within a reasonable time after the meeting.

     
 

5.

At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session.

     
 

6.

The transcript shall be made part of the public record upon conclusion of the litigation.

     
 

7.

Any discussions held during the attorney-client session and any materials presented at the session are confidential and may not be publicly disclosed, except as provided under F.S. 286.011(8).

     
 

B.

Risk Management Sessions

     
   

The Board and its attorneys may meet in private to discuss the evaluation of claims filed with the risk management program or which relate solely to offers of compromise of claims filed with the risk management program. Until termination of all litigation and settlement of all claims arising out of the same incident, persons involved in discussions pertinent to the evaluation of a filed claim shall not be subject to subpoena in any administrative or civil proceeding with regard to the content of those discussions.

     
   

All risk management sessions held between the Board, its attorneys and members of the School Districtís Risk Management department shall abide by the recording requirements. The Board Attorney shall communicate the need for a Risk Management session to the Chair of the Board who shall determine the date the meeting will be held.

     
   

Risk management sessions do not require public notice. Any discussions held during a risk management session and any materials presented at the session are confidential and may not be publicly disclosed until termination of all litigation and settlement of all claims arising out of the same incident, although portions of the claim files may remain exempt from disclosure.

     
 

C.

Executive Sessions

     
   

The Board may meet privately in confidential executive session to discuss issues related to collective bargaining.

     
   

All work product developed by the Superintendent or the Board in preparation for negotiations, and during negotiations are confidential and exempt from Public Records laws.

     
   

The Superintendent shall notify the Board of the need for an executive session at the earliest practical date before the session is scheduled.

     
   

Executive sessions of the Board do not require public notice, but the memorandum setting the date, time and purpose of the session may be publicly disseminated. Any discussions held during an executive session and any materials presented at the session are confidential, and may not be publicly disclosed.

     
 

D.

Public-Private Partnerships and Unsolicited Proposals

     
   

In accordance with F.S. 255.065 and Policy 6327, Public-Private Partnerships and Unsolicited Proposals, any portion of a meeting of the Board during which an unsolicited proposal that is exempt is discussed is non-public. Board meetings to discuss exempt unsolicited proposals shall be conducted in accordance with Policy 0166, Non-Public Meetings, and called and noticed in the same manner as a special meeting under Policy 0164, Notice of Meetings, and Policy 0165, Public Meetings.

     
   

A complete recording must be made of any portion of an exempt meeting. No portion of the meetings may be held off the record. The recording of, and any records generated during, the exempt meeting are exempt from F.S. 119.07(1) and Section 24(a), Art. I, Fl. Constitution, until such time as the Board provides notice of an intended decision for a qualifying project or 180 days after receipt of the unsolicited proposal by the Board if the Board does not issue a competitive solicitation for the project.

     
   

If the Board rejects all proposals and concurrently provides notice of its intent to reissue a competitive solicitation, the recording and any records generated at the exempt meeting remain exempt from F.S. 119.07(1) and Section 24(a), Art. I, Florida Constitution, until the Board provides notice of an intended decision concerning the reissued competitive solicitation or until the Board withdraws the reissued competitive solicitation for the project.

     
   

A recording and any records generated during an exempt meeting are exempt for no longer than ninety (90) days after the initial notice by the Board rejecting all proposals.

     
 

E.

Penalties For Violation of Confidentiality of Closed Sessions

     
   

All participants attending these non-public meetings must maintain the confidentiality of the information provided and may not disclose this information to the public. Disclosure of confidential information may place the Board in a disadvantageous position in either litigation or in collective bargaining. In addition, disclosure of such confidential information could be a violation of the Code of Ethics for Public Officers and Employees as outlined under F.S. Chapter 112. A complaint shall be filed, if deemed appropriate, by the Ethics Advisory Committee with the Florida Commission on Ethics against any individual who is determined to have disclosed confidential information that was provided solely at an attorney-client, risk management, or executive session. The Florida Commission on Ethics has the authority to make final determinations with regard to such complaints. Participants at these sessions are not precluded from using the information provided in these sessions to fulfill the duties and responsibilities of their assigned administrative positions.

     
 

F.

Settlement Authority

     
   

Any settlements of civil cases that are reached as a result of an attorney-client session and that are beyond the monetary threshold afforded to the Board Attorney shall be presented to the Board for approval. Settlements of tort cases that are reached as a result of direction given at a risk management session do not require Board authorization if they do not go beyond the previously established monetary thresholds.

     
 

G.

Scheduling

     
   

The Board shall first consider Wednesdays to schedule all meetings in which Board members are requested to attend, recognizing that certain factors may impede consideration for Wednesdays including, but not limited to, advertisements, agenda publication deadlines, emergency meetings, annual organizational meeting, legislatively mandated periods for special meetings and budget public hearings, religious holidays, previously scheduled calendared conflicts and travel, legislative session, Dade Days, and graduations.

     
 

Revised 6/18/14
Revised 1/25/17

   

0167

Voting

   
 

All motions shall require a majority vote of those present and voting, except as provided by statute, these bylaws, or parliamentary authority.

   
 

All actions requiring a vote can be conducted by voice vote or show of hands unless a roll-call vote is required. Proxy voting is prohibited. Each vote and abstention shall be recorded.

   
 

Abstentions shall only be permitted as authorized by law. See Policy 0141.2, Conflict of Interest. A Board member may abstain from voting in the context of a quasi-judicial proceeding if the abstention is to assure a fair proceeding free from potential bias or prejudice.

   
 

F.S. 286.012

   
 

Revised 4/15/15

   

0167.1

Use of Electronic Mail

   
 

Board members shall not 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 is 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 applies.

   
 

Board members and their staff are authorized users of the District e-mail system and subject to the same restrictions as Board employees and all other authorized users under Policy 7540.05, Staff Electronic Mail.

   
 

Revised 3/15/17

   

0168

Minutes

   
 

The Superintendent, as Secretary to the School Board, shall keep the official minutes and records of Board meetings that set forth clearly all actions and proceedings of the Board. The Superintendent will designate a member of the secretarial staff to assist in this responsibility. This person will be called the Recording Secretary to the Board.

   
 

The minutes of each meeting shall show the time and place, the members present, the subjects considered, a clear and concise summary of the deliberations, the actions taken, the vote of each member present on all matters on which the Board takes action, and any other information required to be shown in the minutes by law.

   
 

Each member of the Board shall be responsible for ensuring that both the matter and his/her vote are properly recorded in the minutes. If any member of the Board wishes any of his/her statements recorded, s/he may request during the meeting that such statement become part of the minutes.

   
 

The minutes shall also contain the name of any individual appearing before the Board during "Scheduled Public Hearings", the substance of his/her remarks, and any action taken.

   
 

The minutes of Board meetings shall be presented for approval either at the next regular meeting of the Board or at an intervening special meeting. Minutes do not become official until they have been formally approved by the Board. The approved minutes shall be signed by the Superintendent, the Chair, and the Recording Secretary to the Board.

   
 

The Superintendent shall determine the distribution to members of the administrative staff.

   
 

Minutes shall be available to the general public through the Board's official website or the office of the Recording Secretary and Citizenís Information during regular office hours.

   
 

The Recording Secretary shall have the authority to correct grammatical, typographical, and like errors not affecting the construction or meaning of the minutes and shall keep a record of such corrections on file.

   
 

Certified copies and extracts of official minutes of the Board which are requested for legal and other authorized purposes shall be prepared and certified by the Recording Secretary to the Board.

   
 

Tape recordings shall be made of each meeting of the Board as an administrative aid and shall be preserved as public documents of the Board as required by law. The tape recordings shall also be referred to in the written minutes.

   
 

The approved minutes shall be filed in the Office of the Recording Secretary in a prescribed minutes book as a permanent record of official Board proceedings.

   
 

The Superintendent shall also be responsible for the preparation and distribution of the minutes of all other publicly noticed meetings of the Board (i.e. workshops, ad-hoc committee meetings, etc.). The Superintendent will designate a member of the administrative staff to assist in this responsibility.

   
 

The official minutes of these meetings shall be approved as determined by the presiding officer at the meeting.

   
 

F.S. 1001.42

   

0169.1

Public Participation at Board Meetings

   
 

The Chair of each School Board meeting at which public participation is permitted shall administer the rules of the Board for its conduct.

   
 

The Chair shall be guided by the following rules:

   
 

A.

Any citizen may address the Board directly concerning any subject that lies within the jurisdiction of the Board.

     
 

B.

Individuals who wish to be heard by the Board on a topic which is not on the agenda for the meeting shall be scheduled for an appearance only at the public hearing during the regularly scheduled Board meeting each month. The purpose of the public hearing portion of the Board meeting, however, is to allow the public to address general matters within the Board's jurisdiction and not for resolving individual grievances or disputes. Although the Board will not take official action on any public hearing presentation, staff may be requested, if appropriate, to take a speaker aside and respond to his/her concerns.

     
 

C.

Citizens who wish to speak to a topic on the agenda may be scheduled to appear at any Board meeting for which the topic is listed as an item.

     
 

D.

Any person who wishes to address the Board, prior to addressing the Board, must complete a District authorized speaker form with the speaker's correct legal name and must disclose whether the speaker has pending litigation against or involving the School District or Board, has filed a notice of claim against the Board, or has a pending employee grievance, administrative appeal, or any other litigation against or involving the Board. The disclosure is only required if the speaker intends to address these matters during the meeting. Speakers must also disclose on the speaker form whether they are a lobbyist as defined by Policy 8150. A person's failure to provide accurate information on the form will preclude the person from addressing the Board.

     
 

E.

Where a large number of individuals have signed up to speak according to this policy, the individuals may select a group spokesperson to address the Board on behalf of those individuals.

     
 

F.

Citizens scheduled to speak shall be called by the Chair at the appropriate time during the meeting. Each individual shall state for the record their name, address, (the address may be given orally or in writing, at the speaker's option), organization or persons represented and whether s/he is being compensated for the appearance. Substitutions for scheduled speakers will not be allowed except in exceptional circumstances as determined by the Chair.

     
 

G.

Decorum:

     
   

The following provisions are designed to promote the orderly and efficient conduct of public meetings and not to regulate speaker content beyond the limits allowed by law.

     
 

1.

Citizen's remarks should be directed to the presiding officer or the Board as a whole and not to individual Board members. Speakers may not address Board members by name and personal attacks against individual Board members, the Board as a whole, the Superintendent, or District staff are prohibited.

     
 

2.

Speakers commenting on agenda items shall confine their comments solely to the agenda item being discussed. During the public hearing, speakers must limit their remarks to matters related to the business of the District. Unless it is an agenda item, speakers are prohibited from discussing their own pending court cases and filed claims or complaints against the District or District personnel. Similarly, employees are prohibited from discussing any disciplinary matter that affects them individually unless it is an agenda item.

     
 

3.

Speakers may not use any form of profanity or loud abusive comments.

     
 

4.

Any action or noise that causes or creates an imminent threat of a disturbance or disruption, including but not limited to, clapping, applauding, heckling, shouting comments from the audience, or verbal outbursts in support or opposition to a speaker or his/her remarks is prohibited. No signs or placards shall be allowed in the Board meeting. Persons exiting the Board meeting shall do so quietly.

     
 

5.

The Chair may notify and warn speakers that their comments have gone beyond the subject matter for which they had signed up to address, address matters that are not related to the business of the School District, constitute personal attacks on individuals or otherwise violate this policy.

     
 

6.

The Chair may turn off the microphone or recess the meeting if a speaker persists in addressing irrelevant topics or engaging in personal attacks. The Chair has the authority after one warning to order the removal of the speaker from the meetings.

     
   

Following a warning, any person making impertinent or slanderous remarks or engages in boisterous behavior which the Chair or the Board determines constitutes an actual or an imminent threat of a disturbance or disruption shall be barred from further appearance before the Board for the balance of the meeting.

     
 

7.

Personal cellular telephone conversations while in the room when the Board meeting is being conducted is not permitted. Such conversations are permitted only during meeting breaks or recess. Ringers must be set to silent mode to avoid disruption of proceedings. Individuals, including those on the dais, must exit the chambers to answer incoming cell phone calls.

     
 

H.

Citizens may be heard on consent agenda items before the Board votes on those items. After the consent agenda is determined by the Board pursuant to Board Bylaw 0165.1, Agendas, the Board chair shall call on speakers who have signed up to speak to those items and provide them the opportunity to speak.

     
 

I.

Citizens may be heard on matters on the consent agenda or not on the Board agenda at the regularly scheduled meeting of the Board each month at the public hearing which shall begin no later than approximately 6:30 p.m. The Chair may begin calling speakers who are present immediately following the conclusion of the regular agenda. The public hearing shall not conclude before 4:30 p.m. unless all of the speakers signed up to speak are present and have been given the opportunity to speak.

     
 

J.

The Board may prohibit public participation on official acts that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if allowing public speakers would cause an unreasonable delay in the ability of the Board to act. The Board may also prohibit public participation on ministerial acts, including but not limited to, approval of Board minutes and bid-opening lists. The Board may allow public comment on ceremonial proclamations and resolutions.

     
 

K.

Whenever a public speaker's comments raise legal issues that may adversely impact the Board, the Board's parliamentarian may provide a verbal instruction or guidance to the Board.

     
 

L.

Scheduled Public Hearings

     
 

1.

To appear under "Scheduled Public Hearings", citizens must present a written request to the Superintendent no later than 4:30 p.m. of the Monday preceding a regular Wednesday Board meeting. Forms to be used in submitting these requests are available at all Region Offices, the Office of Citizen Information at the Board Administration Building, and on the District website. The request shall contain the following information:

     
 

a.

correct legal name, address and telephone number of person who is to appear;

     
 

b.

organization or persons represented and whether the person to appear is being compensated; and

     
 

c.

topic to be presented.

     
 

2.

The Superintendent shall provide to each Board member a list of the persons scheduled to speak.

     
 

3.

Any one speaker or spokesperson for a group shall be permitted to speak no more than three (3) minutes at the Scheduled Public Hearings no matter how many issues that individual addresses, nor more than a total of ten (10) minutes during the Board meeting, (including time on agenda items and, later, on consent or non-agenda items), except in unusual circumstances determined and approved by unanimous vote of Board members present at the meeting. If a speaker signs up to speak to an item passed on consent or a non-agenda item, then the speaker will be given additional time during the public hearing that the speaker would have been given had they addressed the item during the regular meeting, provided such additional time does not exceed a total of ten (10) minutes for the entire meeting.

     
 

4.

Speakers may not refuse to yield the podium when the Chair has advised that their time is up.

     
 

5.

The total time allotted for the public hearing shall not exceed one and one-half (1 1/2) hours. The time limit on the public hearing portion of the regular Board meeting may be extended by a majority vote of the Board.

     
 

6.

Pursuant to the rules of parliamentary procedure, the Board may reconsider any item that passed on consent during the scheduled public hearing.

     
 

7.

Speakers will be recognized in the order the requests were received.

     
 

8.

Any person who feels that the subject matter has not been adequately covered in the time allotted may present additional information in writing.

     
 

M.

Procedures when not scheduled under Scheduled Public Hearings

     
 

1.

A person in this category seeking consent to speak must submit, either before or during the meeting, a written request to the Board Chair.

     
 

2.

The request must state the person's correct legal name, address, and subject.

     
 

3.

Board members present at the meeting must vote by a majority for the person to be heard.

     
 

4.

If the request is approved, the Board Chair shall allot the individual a maximum of three (3) minutes time.

     
 

N.

Appearances on Board Agenda Items

     
 

1.

Procedures to be scheduled under "Requests to Speak to Agenda Items"

     
 

a.

Any person who wishes to address the Board on an item or items on the agenda may be scheduled under "Requests to Speak to Agenda Items" by presenting a written request to the Superintendent. In the case of a special Board meeting, the deadline shall be noon on the last business day preceding the date of the meeting.

     
 

b.

The total time allotted for all individuals who request to be heard on the same agenda item shall be determined by majority vote of the Board members present at the meeting. Any one speaker or spokesperson for a group shall be permitted to speak no more than two (2) minutes on any one agenda item, nor more than a total of ten (10) minutes during the Board meeting, including speaking time during a public hearing, regardless of the number of agenda items to be addressed, except in unusual circumstances determined and approved by unanimous vote of Board members present at the meeting. Additional comments may be presented in writing.

     
 

2.

Procedures when not scheduled under "Requests to Speak to Agenda Items"

     
   

Persons not scheduled in advance to speak to agenda items may request approval of the Board to be heard, as follows:

     
 

a.

Before or during the meeting, the person must write their correct legal name, address, and number of agenda item in which interested on a slip of paper and hand to the presiding officer before the item is considered by the Board.

     
 

b.

Receive approval to be heard by a majority vote of Board members present at the meeting and voting.

     
 

c.

The presiding officer may designate a particular time prior to Board action on the agenda item for such persons to be heard.

     
 

d.

If Board approval is granted for the person to be heard, the Chair shall allow a maximum of two (2) minutes. Additional comments may be presented in writing.

     
 

O.

Public Hearings on Specific Topics

     
   

The Board may schedule a meeting designed solely as a public hearing on a specific document or proposal which is to be the subject of later Board action, either to comply with State statutes or to hear citizens on an issue of great public interest. Persons desiring to address the Board at public hearings shall follow and be governed by the procedures for a special Board meeting.

     
 

P.

Conference Sessions/Workshops of the Board

     
   

Citizens may be heard at any conference session or workshop for a specified amount of time that the Board determines in advance of the session or at the beginning of the session.

     
 

Q.

Quasi-Judicial Proceedings

     
   

Board actions at every stage of proceedings for the suspension, dismissal or other discipline of staff members, charter school terminations/nonrenewals, and for the expulsion or assignment of specific students, are quasi-judicial proceedings conducted pursuant to Board Bylaw 0133. Citizens shall not be heard in these cases. All aspects of student expulsion proceedings shall be closed to the public pursuant to F.S. 1006.07(1)(a), unless the parents elect to have the hearing held in compliance with the Sunshine Law.

     
 

R.

Tape or video recordings are permitted under 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.

   
 

Revised 6/18/14
Revised 9/9/15
Revised 10/11/17

© Neola 2014