Mt. Clemens Community Schools
Bylaws & Policies
 

0140 - MEMBERSHIP

0141

Number
 
 

The Board of Education shall consist of seven (7) members.
 
 

M.C.L.A. 380.403(a)
 

0142

Election/Appointment
 

0142.1

Electoral Process
 
 

Members of the Board shall be elected annually on the first Tuesday after the first Monday in May.
 
 

A special election may be called by the Board as provided under Michigan election law (M.C.L.A. 168.301 to 168.315).
 
 

M.C.L.A. 168.301 et seq.
 
 

Revised 7/15/95
 

0142.2

Qualifications
 
 

An individual is eligible for election as a School Board member if the individual is a citizen of the United States and is a qualified and registered elector of the School District by the filing deadline.
 
 

M.C.L.A. 168.302
 

0142.3

Term
 
 

Members of the Board shall be elected by the school electors for terms of four (4) years.
 

At each regular School election, members of the Board shall be elected to fill the positions of those whose terms will expire. A term of office begins as provided by law (M.C.L.A. 168.302) and continues until a successor is elected and qualified.
 
 

At least one (1) School Board member for a School District shall be elected at each of the School District's regular elections. A School Board member's term of office begins July 1st, immediately following the May election.
 
 

M.C.L.A. 168.301 et seq.
 

0142.4

Oath
 
 

Each newly-elected Board member shall file an acceptance of office on or before July 1st before entering upon the duties of his/her office.
 
 

The oath of office may be administered by the past President of the Board, or the Superintendent.
 
 

M.C.L.A. 380.1102(2)
 
 

The oath of office may be administered by any Board member.
 
 

Bylaw 0122 - Board Powers
 
 

Revised 7/25/96
 

0142.5

Vacancies
 
 

The office of a Board member becomes vacant immediately, regardless of declaration by an officer or acceptance by the School Board or one (1) or more of its members, upon any of the following events:
 
 

A.

the death of the School Board member
 

B.

the School Board member's being adjudicated insane or being found to be a legally incapacitated individual by a court of competent jurisdiction
 
 

C.

the School Board member's resignation
 
 

D.

the School Board member's removal from office
 
 

E.

the School Board member's conviction for a felony
 
 

F.

the School Board member's election or appointment being declared void by a competent tribunal
 
 

G.

the School Board member's neglect or failure to file the acceptance of office, to take the oath of office, or to give or renew an official bond required by law
 
 

H.

the School Board member's ceasing to possess the legal qualifications for holding office
 
 

I.

the School Board member moving his/her residence from the School District
 
 

1.

If less than a majority of the offices of School Board members of a school district becomes vacant, the remaining School Board members shall fill each vacant office by appointment. If a vacancy in the office of School Board member is not filled within thirty (30) days after the vacancy occurs or if a majority of the offices of School Board member of a school district become vacant, the intermediate school board for that school district shall fill each vacancy by appointment. An individual appointed under this subsection serves until a successor is elected and qualified.
 

2.

If a vacancy occurs in an office of school board member more than ninety (90) days before a regular school election, an election shall be held at that regular school election to fill that office for the remainder of the office's unexpired term, if any. This subsection applies regardless of whether an individual is appointed under subsection (1) to fill the vacancy.
 
 

3.

Within three (3) days after an appointment is made to fill a vacancy in an elected office in a school district, the secretary of the school Board shall notify the School District election coordinator, in writing, of the name, address, and office of the person who vacated the office as well as the person filling the office.
 
 

M.C.L.A. 168.310, 168.311
 
 

Filling a Board Vacancy
 
 

If the majority of the Board is still seated, the vacancy shall be filled by the Board using the following procedure:
 
 

A.

The Board shall seek qualified and interested candidates from the community through the news media, word of mouth, and contacts with appropriate organizations.
 
 

B.

All applicants are to submit a notice of their interest, in writing, to the Secretary of the Board of Education.
 
 

C.

The Board shall interview all interested candidates to ascertain their qualifications.
 
 

D.

Appointment by the Board to fill a vacancy shall be by majority vote of the full Board.
 
 

Revised 10/19/93
 

Revised 7/15/95

0142.6

Recall
 
 

Any member of the Board may be recalled as prescribed in M.C.L.A. 168.951 et seq..
 

0142.7

Orientation and Professional Development
 
 

Orientation
 
 

The Board believes that the preparation of each Board member for the performance of Board duties is essential to the effective functioning of the Board. The Board expects and encourages each new Board member to understand the functions of the Board, acquire knowledge of matters related to the operation of the District, and learn Board procedures. Accordingly, the Board shall give to each new Board member no later than his/her first regular meeting as a Board member for his/her use and possession during the term on the Board the following items:
 
 

A.

a copy of the Board policy manual or instruction on use of the electronic, web-based policy manual
 
 

B.

a copy of the District administrative guidelines or instruction on use of the electronic, web-based administrative guidelines
 
 

C.

a copy of each current negotiated agreement
 
 

D.

the current budget statement, audit report, (when available), and related fiscal materials
 
 

Each new Board member shall be invited to meet with the Board President, the Superintendent and others, as assigned by the Superintendent, to discuss Board functions, policies, and procedures. The Board shall encourage the attendance of each new Board member at orientation and training meetings.
 
 

The Board shall encourage the attendance of each new Board member at orientation and training meetings.
 

Professional Development
 
 

In addition to new Board member orientation, newly elected trustees of the Board are encouraged to:
 
 

A.

inform themselves about current educational issues by individual study and through participation in programs providing needed information such as those sponsored by the Macomb County School Boards Association, Michigan Association of School Boards, and National School Boards Association;
 
 

B.

attend professional development classes and workshops in order to become a certified Board member. It is the expectation of this Board that its members shall become certified through the Michigan Association of School Board's Certified Board Member Award (CBA) program within a reasonable period of time.
 

0143

Authority
 
 

Individual members of the Board do not possess the powers that reside in the Board of Education, but no member of the Board shall be denied documents or information to which s/he is legally entitled and which are required in the performance of his/her duties as a Board member. M.C.L.A. 380.1201
 

0143.1

Public Expression of Board Members
 
 

From time to time individual Board members make public statements on school matters:
 
 

A.

to local media;
 
 

B.

to local officials and/or State officials.
 
 

Sometimes the statements imply, or the readers (listeners) infer, that the opinions expressed or statements made are the official positions of the Board. The misunderstandings that can result from these incidents can embarrass both the member and the Board. Therefore, Board members should adhere to the guidelines contained herein when writing or speaking on school matters to the media, legislators, and other officials:
 

"The Mt. Clemens Community Schools Board of Education, as a matter of policy, disclaims responsibility for any individual public statements by its members. Public views expressed by individual Board members are those of the member and do not necessarily reflect the views of the Board or of the author's colleagues on the Board."
 
 

A.

This bylaw shall apply to all statements and/or writings by individual Board members not explicitly sanctioned by a majority of its members, except as follows:
 
 

1.

correspondence, such as legislative proposals, when the Board member has received official guidance from the Board on the matters discussed in the letter
 
 

2.

routine, not for publication correspondence of the Superintendent and other Board employees
 
 

3.

routine "thank you" letters of the President of the Board
 
 

4.

statements by Board members on nonschool matters (providing the statements do not identify the author as a member of the Board)
 
 

5.

personal statements not intended for publication
 
 

B.

Copies of this bylaw shall be posted on the District's web site.
 

0144

Operations
 

0144.1

Compensation
 
 

Board members shall not receive compensation for their services. Board members shall be reimbursed for actual and necessary expenses incurred in discharging their official duties and in performing functions so long as the Board approved the specific expense prior to it actually being incurred. To receive reimbursement, an expense voucher, together with supporting receipts or other evidence of actual expense must be submitted to the District's business office.
 

The Board recognizes the need for continuous in-service training and education. It encourages the participation of all members at conferences, workshops, in-service programs, and conventions as a part of their official duties. A Board member's actual and necessary expenses shall be paid for or reimbursed when the member attends any of these activities, as long as the budget allows.
 
 

M.C.L.A. 380.11A, 380.1254
 
 

The following guidelines have been established by the Board of Education to ensure appropriate and proper reimbursement of expenses for Board members.
 
 

A.

Reimbursement for mileage will not exceed the current rate established by the Internal Revenue Service.
 
 

B.

Attendance at Board-approved conferences should be at the location closest to the District.
 
 

C.

When attending a Board-approved conference, all reasonable fees and expenses (i.e., parking, mileage, meals, and housing) will be reimbursed.
 
 

To receive reimbursement for an expense listed in this Bylaw 0144.1 an expense voucher, together with supporting receipts or other evidence of actual expense, shall be submitted to the District business office for processing. Expenses for spouses accompanying Board members are not reimbursable.
 
 

A Board member shall not be reimbursed for any travel expenses outside the District unless the travel has been approved by the Board.
 
 

M.C.L.A. 380.1254, 388.1764(b)
 
 

Revised 7/15/95
 

Revised 3/27/96
 

Revised 7/15/98

0144.2

Board Member Ethics
 
 

As members of the Board of Education, Board members will strive to improve public education and to that end they will:
 
 

A.

attend all regularly scheduled Board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings;
 
 

B.

recognize that they should endeavor to make policy decisions only after full discussion at publicly held Board meetings;
 
 

C.

render all decisions based on the available facts and independent judgment, and refuse to surrender that judgment to individuals or special interest groups;
 
 

D.

encourage the free expression of opinion by all Board members, and seek systematic communications between the Board and students, staff, and all elements of the community;
 
 

E.

work with the other Board members to establish effective Board policies and to delegate authority for the administration of the District to the Superintendent;
 
 

F.

communicate to other Board members and the Superintendent expressions of public reaction to Board policies and school programs;
 
 

G.

support the employment of those persons best qualified to serve as school staff, and insist on a regular and impartial evaluation of all staff;
 
 

H.

avoid being placed in a position of conflict of interest, and refrain from using their Board positions for personal partisan gain;
 
 

I.

take no private action that will compromise the Board or administration, and respect the confidentiality of information that is privileged under applicable law;
 

J.

remember always that their first and greatest concern must be for the educational welfare of the students attending the public schools.
 
 

Source: Board of Directors, National School Boards Association.
 

0144.3

Conflict of Interest
 
 

Board members shall perform their official duties in a manner free from conflict of interest. To this end:
 
 

A.

No Board member shall use his/her position as a Board member to benefit either himself/herself or any other individual or agency apart from the total interest of the School District.
 
 

B.

When a member of the Board determines that the possibility of a personal interest conflict exists, s/he should, prior to the matter being considered, disclose his/her interest (which disclosure shall become a matter of record in the minutes of the Board), and thereafter shall abstain from participation in both the discussion of the matter and the vote thereon.
 
 

If the pecuniary interest pertains to a proposed contract with the District, the following requirements must be met:
 
 

1.

The Board member shall disclose the pecuniary interest in the contract to the Board with such disclosure made a part of the official Board minutes. If his/her direct pecuniary interest amounts to #250 or more or five percent (5%) or more of the contract cost to the District, the Board member shall make the disclosure in one (1) of two (2) ways:
 
 

a.

In writing, to the Board President (or if the member is the Board President, to the Board secretary) at least seven (7) days prior to the meeting at which the vote on the contract will be taken. The disclosure shall be made public in the same manner as the Board's notices of its public meetings.
 

b.

By announcement at a meeting at least seven (7) days prior to the meeting at which a vote on the contract is to be taken. The Board member must use this method of disclosure if his/her pecuniary interest amounts to $5,000 or more.
 
 

2.

Any contract in which there is a conflict of interest as defined by this bylaw and the related statute (M.C.L.A. 15.321 et seq.) must be approved by a vote of not less than two-thirds (2/3's) of the full Board without the vote of any Board member with a pecuniary interest.
 
 

3.

The official minutes of the Board disclose the name of each party involved in the contract, the nature of the pecuniary interest, and the terms of the contract including the duration, financial consideration between the parties, facilities or services of the District included in the contract, and the nature and degree of assignment of District staff needed to fulfill the contract.
 
 

4.

A Board member with a pecuniary interest in a contract may participate in discussion and vote on the contract to the extent that the Board member's participation is required by law, or two-thirds (2/3's) of the members are not eligible to vote and his/her vote is needed to constitute a quorum, providing the pecuniary interest is less than $250 and five percent (5%) of the contract cost to the District and the Board member files a sworn affidavit to that effect with the Board. Such affidavit is to be made a part of the official minutes of the Board.
 
 

Board members shall not accept any money, goods, or services with a value in excess of the amount established annually by the State Department of Instruction ($44 within any one (1) month period as of December 31, 2004) from any person who does business or seeks to do business of any kind with the District.
 
 

M.C.L.A. 15.32(3)

0144.4

Indemnification
 
 

The Board may hold harmless, indemnify, pay, settle, or compromise a judgment against a Board member to the extent allowed under the law.
 
 

M.C.L.A. 691.1408
 

0145

Discriminatory Harassment
 
 

The Board of Education's intent is to provide an environment that fosters the respect and dignity of each person. To this end, the Board is committed to maintaining an environment free of harassment and intimidation.
 
 

Sexual harassment includes all unwelcome sexual advances, requests for sexual favors, and verbal or physical contacts of a sexual nature whenever submission to such conduct is made a condition of employment or a basis for an employment decision. Other prohibited conduct includes that which has the purpose or effect of creating an intimidating, hostile, discriminatory, or offensive environment on the basis of gender, religion, race, color, national origin or ancestry, age disability, height, weight, marital status, and/or any other legally protected characteristic.
 
 

The harassment of a student, staff member, or third party (e.g., visiting speaker, athletic team member, volunteer, parent, etc.) is strictly forbidden. Any person who is found to have violated this policy will be subject to discipline in accordance with law.
 
 

M.C.L.A. 380.1300a
 
 

Adopted 7/15/95