Traverse City Area Public Schools
Bylaws & Policies
 

0140 - MEMBERSHIP

0141

Number

 
 

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

 
 

M.C.L. 380.11a

 
 

Revised 9/10/12

 

Revised 2/8/16

 

0142

Election/Appointment

 

0142.1

Electoral Process

 
 

The number of members of the Board shall remain the same as before July 1, 1996 unless changed by school electors at a regular or special school election. A ballot question for changing the number of Board members may be placed on the ballot by action of the Board or by petition submitted by school electors as provided under Michigan election law (M.C.L. 168.301 to 168.315).

 
 

Members of the Board shall be elected in the November even year general election (on the first Tuesday after the first Monday in November) in a manner that is consistent with State law. A special election may be called by the Board as provided under Michigan election law (M.C.L. 168.301 to 168.315).

 
 

M.C.L. 168.301 et seq.

 

Revised 8/05

Revised 6/07

Revised 9/10/12

     

0142.2

Qualifications

 
 

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

 
 

M.C.L. 168.302

 
 

Revised 9/10/12

 

Revised 2/8/16

 

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 the law (M.C.L. 168.302) and continues until a successor is elected and qualified.

 
 

At least one (1) Board member for the District shall be elected at each of the Districtís regular elections. A Board memberís term of office begins January 1st immediately following the November election.

 
 

M.C.L. 168.301 et seq.

 
 

Revised 4/97

 

Revised 6/07

 

Revised 9/10/12

 

Revised 2/8/16

 

0142.4

Oath

 
 

Each newly elected Board member shall file an acceptance of office as well as an affidavit of eligibility within ten (10) days after receiving a certificate of election and shall take an oath of office as prescribed by the Constitution of Michigan.

     
 

A ceremonial oath of office may be administered at the Organization Meeting and may be administered by any Board member, the past President of the Board, the past Secretary of the Board, the Superintendent, or a notary civic.

 
 

M.C.L. 168.309, 168.310

 

Revised 4/97

Revised 11/08

Revised 9/10/12

 

0142.5

Vacancies

 
 

The office of a Board member shall become vacant immediately upon the occurrence of any one (1) of the following events:

 
 

A.

the death of the incumbent, or the incumbent's being found mentally incompetent by the proper court

 
 

B.

the effective date of the incumbent's resignation

 
 

C.

the incumbent's removal from office

 
 

D.

the incumbent's conviction of a felony

 
 

E.

the incumbent's election or appointment being declared void by a competent tribunal

 
 

F.

the incumbent'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

 
 

G.

the incumbent's ceasing to possess the legal qualifications for holding office

 
 

H.

the incumbent moving his/her residence out of the District

     
 

A vacancy shall be filled by the remaining members of the Board within thirty (30) days, and, if not, the vacancy shall be filled by the Board of the Intermediate School District.

 
 

M.C.L. 380.1103, 380.1104

 
 

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 Board Secretary or designee by the deadline date determined by the Board.

 
 

C.

The Board shall interview those candidates who, in the opinion of the Board, are best qualified to fill a vacancy.

 
 

D.

An individual who has been elected to fill a vacancy on the Board (replacing an appointed Board member) shall take office immediately upon election.

 
 

Revised 2/8/16

 

0142.6

Recall

 
 

Any member of the Board may be recalled pursuant to M.C.L. 168.951 et seq.

 
 

Revised 2/94

     

0142.7

Orientation

 
 

The magnitude of Board membership calls for knowledge of and orientation to many areas of information and understandings. It is the obligation of new members to become familiar with this material. Under the guidance of experienced Board members and the Superintendent, orientation will be provided to new Board members through activities such as:

 
 

A.

new Board members will be registered for the Michigan Association of School Boardsí (MASBís) CBA 101: Introduction to School Board Service workshop by the Boardís recording secretary;

     
 

1.

new Board members will be registered for the Michigan Association of School Boardsí (MASBís) CBA 101: Introduction to School Board Service workshop by the Boardís recording secretary;

     
 

2.

prior to new Board memberís first meeting, the Board of Education President and Superintendent will provide additional district-specific orientation.

 
 

B.

discussions and visits with the Superintendent and Executive Team;

 
 

C.

provision of printed and audiovisual materials on Board policies (available on the District's website, www.tcaps.net) and administrative policies and procedures.

 
 

Orientation shall be considered as an ongoing process for all Board members and may include such activities as those indicated above and the addition of items such as:

 
 

A.

attendance at school board and administrative conferences and conventions on a local, area, state, and national basis;

 
 

B.

exchange of ideas through joint meetings with neighboring school boards;

 
 

C.

orientation to unique problems and groups in the community which have an influence on the operation of the schools;

 
 

D.

review of policies.

 
 

Candidates who have filed for election to the Board shall be encouraged to attend Board meetings and study sessions held following their date of filing. Upon their request they will be furnished with background information which may be helpful in understanding the operations of the District.

 
 

Revised 8/05

 

Revised 6/07

 

Revised 9/10/12

 

Revised 2/8/16

 

Revised 7/9/18

 

0143

Authority

 
 

Individual members of the Board do not possess the powers that reside in the Board. The Board speaks through its minutes and not through its individual members. An act of the Board shall not be valid unless approved at an official meeting by at least a majority vote of the members elected to and serving on the Board. M.C.L. 380.1201

 
 

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.

 
 

Access to District personnel records shall be subject to the following rules:

 
 

A.

Examination of school employee personnel records by the Board shall be conducted in accordance with the Open Meetings Act.

 
 

B.

Personnel records shall, in their entirety, be returned to the custody of the Superintendent at the conclusion of the Board meeting.

     
 

C.

Information obtained from employee personnel records by members of the Board shall be used only for the purpose of aiding the members in fulfilling their legal responsibilities in making decisions in such matters as appointments, assignments, promotions, demotions, remuneration, discipline, and dismissal or to aid the development and implementation of personnel policies, or for such other uses as are necessary to enable the Board to carry out its legal responsibilities.

 
 

Revised 4/97

 

Revised 6/07

 

Revised 11/08

 

Revised 2/8/16

 

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, when writing or speaking on school matters to the media, legislators, and other officials, make it clear that their views do not necessarily reflect the views of the Board or of their 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 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.

This bylaw (and all other Board policies and administrative guidelines) is available at all times to the local media on the District's website, www.tcaps.net.

 
 

Revised 2/94

 

Revised 2/8/16

     

0144

Operations

 

0144.1

Reimbursement of Expenses

 
 

Expenses of a Board member shall be reimbursed when incurred in the performance of his/her duties or in the performance of functions authorized by the Board and duly vouchered.

 
 

M.C.L. 380.11A, 380.1254

 
 

The following guidelines have been established by the Board to ensure appropriate and proper reimbursement of expenses for Board members. The following specific categories are approved as reimbursable expenses:

 
 

A.

Educational conferences and business meetings, including registration fees and expenses incurred for attendance at education-related conferences, seminars, continuing education classes, and workshops at the local, state, and national levels. When attending a Board-approved conference, all fees, parking, mileage, meals, and housing will be reimbursed for actual expenses for Board members only (not for spouses or relatives). The maximum reimbursable expense (when not included as part of the conference expense) shall not exceed the daily amount of $150.00 for housing and $75.00 for meals.

 
 

B.

County and regional education-related association or inter-governmental meetings.

 
 

C.

Attendance at educational or civic programs or functions when the Board member is urged to attend as the Board's official representative, delegate, or spokesperson (excluding political activities of any kind).

 
 

D.

Reimbursement for mileage will not exceed the current rate established for District employees.

     
 

E.

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

 

F.

Purchase of any printed or other materials relating to Boardmanship will be reimbursed if prepurchase approval is given by the Board. If such approval is not possible or feasible, a voucher must be submitted to the Board for approval. No postpurchase voucher will be approved if it exceeds $50.

 
 

G.

When the Board attends a community or school-related event as a Board function, or a Board member attends as the designated representative of the Board, any incurred expenses, including mileage, will be reimbursed by the Board. If a Board member attends such events as a private citizen, any incurred expenses are to be paid by the Board member.

 
 

H.

No entertainment expenses or purchase of alcoholic beverages are reimbursable.

 
 

I.

A voucher detailing the amount and nature of expenses must be submitted to the District's Business and Finance Office within ten (10) days after the expenses have been incurred.

 
 

Adopted 9/95

 

Revised 4/97

 

Revised 2/8/16

 

0144.2

Board Member Ethics

 
 

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.

inform themselves about current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by the State and National School Boards Associations;

 
 

H.

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

 
 

I.

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

 
 

J.

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

 
 

K.

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.

 
 

Revised 2/8/16

     

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 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 (such 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;

 
 

C.

A member of the Board is presumed to have a conflict of interest if the member or his/her family member has a financial interest, or a competing financial interest, in the contract or other financial transaction or is an employee of the District.

 
 

Having a child as a student in the District does not alone constitute a conflict of interest or financial interest in a contract or other financial transaction of the School District.

     
 

"Family member" for purposes of this policy means a personís spouse or spouseís sibling or child; a personís sibling or siblingís spouse or child; a personís child or childís spouse; or a personís parent or parentís spouse, and includes these relationships as created by adoption or marriage;

 
 

1.

A Board member is not considered to have a financial interest in any of the following instances:

 
 

a.

A contract or other financial transaction between the District and any of the following:

 

1)

A corporation in which the individual is a stockholder owning one percent (1%) or less of the total stock outstanding in any class if the stock is not listed on a stock exchange or owning stock that has a present market value of $25,000.00 or less if the stock is listed on a stock exchange;

 
 

2)

A corporation in which a trust, if the individual is a beneficiary under the trust, owns one percent (1%) or less of the total stock outstanding in any class if the stock is not listed on a stock exchange or owns stock that has a present market value of $25,000.00 or less if the stock is listed on a stock exchange;

 
 

3)

A professional limited liability company organized pursuant to the Michigan limited liability company act, if the individual is an employee but not a member of the company;

 
 

4)

A corporation in which the individual is not a director, officer, or employee;

   
 

5)

A firm, partnership, or other unincorporated association, in which the individual is not a partner, member, or employee; or

 
 

6)

A corporation or firm that has an indebtedness owed to the individual.

 
 

b.

A contract between the District and Traverse Bay Area ISD.

 
 

c.

A contract awarded to the lowest qualified bidder, upon receipt of sealed bids pursuant to a published notice for bids if the notice does not bar, except as authorized by law, any qualified person, firm, corporation, or trust from bidding. This does not apply to any amendments or renegotiations of a contract or to additional payments under the contract that were not authorized by the contract at the time of award.

     
 

2.

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

 
 

a.

The Board member shall disclose the financial interest in the contract to the Board with such disclosure made a part of the official Board minutes. If his/her direct financial 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 of two (2) ways:

 
 

1)

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 (See Bylaw 0165);

 
 

2)

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 financial interest amounts to $5,000 or more.

 
 

b.

Any contract in which there is a conflict of interest as defined by this bylaw and the related statute (M.C.L. 380.1203) must be approved by a majority vote of the full Board without the vote of any Board member with a financial interest.

   
 

However, if a majority of the members of the Board are required to abstain from voting on a contract or other financial transaction due to a financial interest, then for the purposes of that contract or other financial transaction, the members who are not required to abstain constitute a quorum of the board and only a majority of those members eligible to vote is required for approval of the contract or financial transaction;

 
 

c.

The official minutes of the Board disclose the name of each party involved in the contract, the nature of the financial 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;

 
 

d.

A Board member with a conflict of interest in a contract may participate in the discussion of but may not vote on the contract.

 
 

D.

Board members shall not solicit or accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts involved with Federal grant funds. A Board member may, however, accept a gift of unsolicited items of "nominal value" from a contractor or party to subcontracts that do not involve Federal grant funds.

 
 

Board members must disclose any potential conflict of interest which may lead to a violation of this bylaw to the full Board.

   
 

E.

A Board member may be appointed to serve as a volunteer coach or supervisor of a student extra-curricular activity if all of the following conditions are present:

 
 

1.

the Board member receives no compensation for service as a volunteer coach or supervisor;

 
 

2.

the Board member abstains from voting on issues before the Board concerning the program during the period of time s/he serves as a volunteer coach or supervisor;

 
 

3.

there is no other qualified applicant available to fill a vacant position; and

 
 

4.

the appointing authority has received the results of a criminal history check and criminal records check from the Michigan State Police or the Federal Bureau of Investigation for the Board member.

 
 

M.C.L. 15.183, 15.323, 380.1203

 

See also Board Policy 6420 Ė Conflict of Interest Ė Legal Counsel, Advisors or Consultants

 
 

Revised 3/98

 

Revised 9/9/13

 

Revised 3/10/14

 

Revised 4/14/14

 

Revised 2/8/16

 

Revised 7/11/16

 

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. 691.1408

 
 

Revised 2/94

     

0145

Discriminatory Harassment

 
 

The Boardís 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, in 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 race, color, national origin, sex, disability, age, religion, height, weight, marital status, genetic information, or sexual orientation.

 
 

The harassment of a student, staff member, or a 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 the law.

 
 

M.C.L. 380.1300a

 
 

Revised 10/94

 

Revised 3/01

 

Revised 8/05

 

Revised 6/07

 

Revised 11/08

 

Revised 9/10/12

 

Revised 2/8/16

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