0140 - MEMBERSHIP

School District of Winter

Bylaws & Policies

0140 - MEMBERSHIP

0141	Number

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

0142	Election/Appointment

0142.1	Electoral Process

	Members of the Board shall be elected annually at the spring election on the first Tuesday in April in a manner that is consistent with State law as follows:

	A.	Area 1, which includes the Town of Couderay, the Town of Radisson, the Village of Radisson, and the Village of Couderay.

	B.	Area 2, which includes the Town of Ojibwa, the Town of Hunter, and the Town of Meadowbrook.

	C.	Area 3, which includes the Town of Draper.

	D.	Area 4, which includes the Town of Winter, and the Village of Winter.

	One (1) Board member - Area 1

	One (1) Board member - Area 2

	One (1) Board member - Area 3

	One (1) Board member - Area 4

	Three (3) members - at - large

	120.06 (1), 10.68 (5)(2b), Wis. Stats.


	Declaration of Candidacy

	If an incumbent fails to file a Declaration of Candidacy and nomination papers by the 5:00 P.M. deadline on the first Tuesday in January, candidates may file a declaration of candidacy and nomination papers within seventy-two (72) hours of the Tuesday deadline.

	Declaration of Non-Candidacy

	If an incumbent files a Declaration of Non-Candidacy no later than 5:00 P.M. on the 2nd Friday preceding the Tuesday deadline, there is no extension of the Tuesday deadline.

	When the first Tuesday in January is a holiday the deadline becomes 5:00 P.M. the next day.

	120.06 (6)(b), Wis. Stats.

0142.2	Qualifications

	A school elector in the School District is eligible to be a Board member.

	120.06(2), Wis. Stats.

0142.3	Term

	The term of each Board member shall be three (3) years commencing on the 4th Monday in April and shall continue until a successor is elected and qualified or until a vacancy occurs.

	120.06(4,) Wis. Stats.


0142.4	Oath

	Each newly-elected Board member shall file the oath of office with the Clerk and shall take an oral oath of office administered by the Clerk.

	120.06 (10), Wis. Stats.

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 incumbent's resignation

	C.	the incumbent's removal from office

	D.	the incumbent's conviction of a felony or imprisonment for one or more years

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

	F.	the incumbent's neglect or failure to file the oath of office or to give or renew an official bond, if required

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


	H.	the incumbent moving his/her residence out of the District

	I.	the incumbent is absent from the territory of the District for a period of sixty (60) continuous days, unless such absence is due to active duty in the armed forces, in which case the vacancy shall be temporary for the remainder of the term or until the incumbent returns and files a notice of this/her intent to return to his/her unexpired term

	A vacancy shall be filled by the remaining members of the Board in accordance with 17.26.

	17.03 et seq., Wis. Stats.

	Filling a Board Vacancy

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

	A.	Appointment by the Board to fill a vacancy shall be by the majority vote of the existing Board. All votes shall be recorded, preserved and open to public inspection to the extent prescribed in Wis. State. Chapter 19. Secret ballots may only be used when Board members are electing officers.

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

	C.	All applicants are to submit a notice of their interest, in writing, to the District Office in care of ranking officer of the Board.


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

	E.	Appointment by the Board to fill a vacancy shall be by a majority vote of the existing Board. If the vacancy is not filled within sixty (60) days of the date on which the vacancy first exists, the vacancy shall be filled by:

		1.	appointment of the Board President

		2.	appointment of the Vice President

	Revised 6/20/11
	Revised 5/16/16

0142.6	Recall

	Any member of the Board may be recalled pursuant to Chapter 9.10, Wis. Stats.

0142.7	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 shall encourage 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 for his/her use and possession during the term on the Board the following items:

	A.	a copy of the Board policy manual

	B.	a copy of each current negotiated agreement

	C.	the current budget statement and related fiscal materials

	D.	copy of regular meeting minutes for the past year


	The Board will provide and maintain a library of publications and reference materials for the use of Board members.

	Each new Board member shall be invited to meet with the Board President, the District Administrator, and the principal to discuss Board functions, policies, and procedures.

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

0143	Authority

	Individual members of the Board do not possess the powers that reside in the Board of Education. 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 present or as otherwise may be required by law.

	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.

	Revised 6/20/11

0143.1	Public Expression of Board Members

	The District Administrator functions as the official spokesperson for the Board.

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

	A.	to local media;

	B.	on social media;

	C.	to local officials and/or State officials.


	Sometimes the public statements by Board members 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 may cause issues for the member, the Board, as well as the District. Therefore, Board members should, when writing or speaking on school matters on social media, 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.

	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:

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

	B.	routine, not for publication, correspondence of the District Administrator and other Board employees

	C.	routine "thank you" letters of the Board

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

	E.	personal statements not intended for publication

	Revised 11/28/16


0144	Operations

0144.1	Compensation

	Board members shall receive compensation as approved by the electors at the Annual Meeting.

	Expenses of a Board member when authorized by the Annual Meeting 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.

	120.10(3), Wis. Stats.
	120-43(3), Wis. Stats.

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

	A.	Expenses will be reimbursed only for activities authorized by the Board.

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

	C.	When attending a Board-approved conference, all fees, parking, mileage, meals, and housing will be reimbursed.

	D.	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.


	E.	No entertainment expenses or purchases of alcoholic beverages are reimbursable.

	F.	A voucher detailing the amount and nature of each expense must be submitted to the Board for approval after the expenses have been incurred; unless the pre-approved amount is given.

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 District Administrator;

	F.	communicate to other Board members and the District Administrator 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.

0144.3	Conflict of Interest

	Board members shall perform their official duties in a manner free from conflict of interest pursuant to 19.59, Wis. Stats. To this end:

	A.	no Board member shall use his/her position as a Board member to obtain financial gain for himself/herself, immediate family, or any organization with which s/he is associated;


	B.	no Board member shall engage in or have a financial interest, directly or indirectly, in any activity that conflicts or raises a reasonable question of conflict with his/her duties and responsibilities in the school system and as a public officer;

	C.	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. In the event that the potential conflict involves a program or activity in whole or in part financed through Federal grant funds, the potential conflict of interest must be disclosed to the Federal granting agency consistent with the requirements of the particular granting agency.

	Board Members shall also perform their duties in a manner that does not violate criminal conflict of interest laws pursuant to 946.13, Wis. Stats., by having a private interest in a contract with the District in an amount that exceeds $15,000 annually.

	Revised 5/19/14
	Revised 5/16/16

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.

0145	Sexual and Other Forms of Harassment

	The Board of Education believes that sexual or other forms of offensive speech and conduct are wholly inappropriate to the harmonious relationships necessary to the operation of the District and intolerable in an environment in which students and staff members of this District function.


	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, or when such conduct has the purpose or effect of unreasonably interfering with work performance or creating an intimidating, hostile, or offensive working environment. Other forms of harassment include verbal or non-verbal expression related to race, gender, age, religion, disability, pregnancy, or sexual orientation.

	Substantial interference with a person/employee's work performance or creation of an intimidating, hostile, or offensive work environment is established when the conduct is such that a reasonable person under the same circumstances as the person/employee would consider the conduct sufficiently severe or pervasive so as to interfere substantially with the person's work performance or create an intimidating, hostile, or offensive work environment. 111.36(1) Wis. Stats.

	The harassment of a District staff member or student by a member of the Board is strictly forbidden. Any member who is found to have harassed a member of the staff or a student, will be subject to discipline by the Board and may be reported to law enforcement authorities.

	118.13, 120.13(1) 111.32(13) Wis. Stats.
	P.I. 9, Wis. Adm. Code
	Title IX Education Amendments of 1972, Chapter 227

	Revised 6/20/11