SECTION B: SCHOOL BOARD GOVERNANCE AND OPERATIONS

The primary responsibility of the Board is to establish purposes, programs and procedures which produce the educational achievement needed by District students. The Board must accomplish this while also being responsible for wise management of resources available to the District. The Board must fulfill these responsibilities by functioning primarily as a legislative body to formulate and adopt policy, by selecting an executive officer to implement policy and by evaluating the results; further, it must carry out its functions openly, while seeking the involvement and contributions of the public, students and staff in its decision-making processes.

In accordance with these principles, the Board seeks to achieve the following goals:

1. to concentrate the Board’s collective effort on its policy-making and planning responsibilities;

2. to formulate Board policies which best serve the educational interests of each student;

3. to provide the Superintendent and the Treasurer with sufficient and adequate guidelines for implementing Board policies;

4. to maintain effective communication with the school community, the staff and the students in order to maintain awareness of attitudes, opinions, desires and ideas;

5. to allow those responsible for carrying out objectives to contribute to their formation;

6. to conduct Board business openly, soliciting and encouraging broad-based involvement in the decision-making process by public, students and staff and

7. to periodically review its performance relative to the goals.

File: BB

SCHOOL BOARD LEGAL STATUS

The General Assembly has delegated responsibility for the conduct of public schools in each school district to a local board of education. Boards are political subdivisions of the State of Ohio and members of a board are officials elected by the citizens of a district to represent them in the management of the public schools.

Legally, a board is a body politic and corporate, capable of suing and being sued; contracting and being contracted with; acquiring, holding, possessing and disposing of real and personal property; and taking and holding in trust for use of the District any grant or gift of land, money or other personal property.

The Board of the Brunswick City School District is composed of five members, elected by the citizens of the District. A regular term is four years.

LEGAL REFS.: ORC 3311.19

3313.01; 3313.02; 3313.09; 3313.17; 3313.20; 3313.33; 3313.47

CROSS REFS.: AA, School District Legal Status

BBA, School Board Powers and Duties

BBB, School Board Elections

File: BBA

SCHOOL BOARD POWERS AND DUTIES

Under the laws of the State of Ohio, the Board acts as the governing body of the public schools with full powers of direction and control.

Within the extent of its legal powers, the Board is responsible for operating the school system in accordance with the desires of local citizens who elect its members.

The Board considers the following to be its major responsibilities:

1. to select and employ a Superintendent;

2. to select and employ a Treasurer;

3. to attend all regular, special meetings or work sessions;

4. to determine and pass upon the annual budget and appropriations;

5. to provide needed school facilities;

6. to provide by the exercise of its taxing power the funds necessary to finance the operation of the schools and provide a free education as defined in State Minimum Standards for all school age students;

7. to consider and pass upon or reject the recommendations of the Superintendent, and where appropriate, the Treasurer, in all matters of policy, appointment or dismissal of employees, salary schedules or other personnel policies, courses of study, selection of textbooks and other matters pertaining to the operation of the schools;

8. to require reports of the Superintendent and Treasurer concerning the conditions, efficiency and needs of the District;

9. to evaluate the effectiveness with which the schools are achieving the educational purposes of the Board;

10. to inform the public about the progress and needs of the District and to solicit and weigh public opinion as it affects the schools and

11. to make policies and adopt rules for its government and the governance of its employees and the students of the schools and to review these policies and rules as necessary.

LEGAL REFS.: ORC 3313.17; 3313.18; 3313.20; 3313.22; 3313.37; 3313.375; 3313.39; 3313.47; 3313.94

3315.07

3319.01

5705.01(A); 5705.03; 5705.28

File: BBAA

BOARD MEMBER AUTHORITY

(And Duties)

Because all powers of the Board lie in its action as a group, individual members exercise their authority over District affairs only as they vote to take action at a legal meeting of the Board.

An individual Board member acts on behalf of the Board only when, by vote, the Board has delegated authority to him/her.

It is the duty of the individual members of the Board to attend all legally called meetings of the Board, except for compelling reasons to the contrary; to participate in the normal business operations of the Board at the meetings; and to represent interests of all the citizens of the District in matters affecting the education of the students.

LEGAL REFS.: ORC 121.22

3313.18

CROSS REF.: BBA, School Board Powers and Duties

File: BBAA-E

BOARD MEMBER AUTHORITY

(And Duties)

A good Board member:

1. Is legally a Board member only when the Board of Education is in session. No one person, unless authorized, should speak on behalf of the Board.

2. Avoids administrative decisions or attempts to second-guess the administration. The Superintendent is the chief administrator and the Board has no administrative function.

3. Is well acquainted with school policies.

4. Should vote at all times in the best interest of the students of the school district.

5. Is flexible and realizes there are times when changes must be made, when tradition cannot be honored and when pressure must be ignored.

6. Remembers that Board business at times requires confidentiality especially in processes involving personnel, land acquisition, negotiations and the need for security.

7. Is interested in obtaining facts, but remembers also that the administration has the responsibility for operating the schools rather than spending full time making reports to the Board or individual Board members.

8. Is a good listener at Board meetings, on the street corner, in the church, but never commits himself/herself, the Board or the administration.

9. Knows that the reputation of the entire school district is reflected in his/her behavior and attitude.

10. Has a sense of humor and the ability to laugh at himself/herself when things look bleak.

12. Is able to support a decision when it is made.

13. Has the disdain for and actively seeks to avoid personal attacks of other Board members.

14. Is willing to completely and accurately answer any Board-related questions asked of them.

SOURCE: Boardmanship: A Handbook for School Board Members

Published by Ohio Department of Education and Ohio

School Boards Association, 1984 edition, (for Items #1 through 12 only).

File: BBB

SCHOOL BOARD ELECTIONS

Members of the Board are elected at large by the qualified voters of the District on a nonpartisan ballot on the first Tuesday following the first Monday in November, in odd-numbered years.

The Board member is elected to a four-year term of office and assumes office on the first day of January after the election. Terms shall expire on December 31, except as otherwise provided by law. In a four-year period, terms are staggered so that two members are elected in half of the four-year period, and three elected in the other half.

Candidates for election are nominated by petition. The petition must be signed by 75 qualified electors of the District. Petitions must be filed 75 days before the elections.

LEGAL REFS.: ORC 3.01

3311.052

3313.02; 3313.04; 3313.05; 3313.07; 3313.08; 3313.09; 3313.11

3501.01; 3501.02; 3501.38

3503.01; 3503.02

3505.04

3513.254

File: BBBA/BBBB

BOARD MEMBER QUALIFICATIONS/OATH OF OFFICE

Under Ohio law, a board member must be an elector residing in the District. To qualify as an elector, a person must be a citizen of the United States who is 18 years of age or older, a resident of the State for 30 days prior to the election and a resident of the county and precinct in which he/she offers to vote for at least 30 days prior to the election.

A variety of other public positions, elected and appointed, have been determined by the General Assembly or the courts to be incompatible with board membership. Generally, offices are considered incompatible when one is subordinate to, or in any way provides a check upon, the other or when it is physically impossible for one person to discharge the duties of both positions.

Before taking office, each person elected or appointed to the Board is required by law to take an oath of office.

LEGAL REFS.: ORC 3313.10; 3313.13; 3313.70

3503.01

CROSS REF.: BBFA, Board Member Conflict of Interest

File: BBBB-E

OATH OF OFFICE

Before beginning his/her duties, a member shall take the oath of office, which may be administered by the Treasurer, any member of the Board, any notary public or any person authorized to give an oath of office.

"Do you solemnly swear (or affirm) that you will support the Constitution

of the United States and the Constitution of the State of Ohio; and that you

will faithfully and impartially discharge your duties as a member of the Board

of Education of Brunswick City School District, Medina County, Ohio, to the

best of your ability and in accordance with the laws now in effect and hereafter

to be enacted, during your continuance in said office, and until your successor

is elected and qualified?

The answer is: "I do."

File: BBE

UNEXPIRED TERM FULFILLMENT

A vacancy on the Board may be caused by:

1. death;

2. nonresidence;

3. resignation;

4. failure of a person elected or appointed to qualify within 10 days after the organization of the Board or of his/her appointment or election;

5. relocation beyond District boundaries or

6. absence from Board meetings for a period of 90 days, if the reasons for the absence are declared insufficient by a two-thirds vote of the remaining Board members. (The vote must be taken not earlier than 30 days after the 90-day period of absence.)

Any such vacancy will be filled by the Board at its next regular or special meeting not earlier than 10 days nor later than 30 days after the vacancy occurs. A majority vote of all the remaining members of the Board is required to fill the vacancy.

Each person selected to fill a vacancy holds office:

1. until the completion of the unexpired term or

2. until the first day of January immediately following the next regular Board election taking place more than 90 days after a person is selected to fill the vacancy.

(At that election, a special election to fill the vacancy is held. No such special election is held if the unexpired term ends on or before the first day of January immediately following that regular Board election. The term of a person elected in this manner begins on the first day of January following the election and is for the remainder of the unexpired term.)

The shorter of the above options determines the length of office.

LEGAL REFS.: ORC 3.01; 3.02

3313.11; 3313.85

File: BBF

BOARD MEMBER CODE OF ETHICS

The Board believes public education should be conducted in an ethical manner. In addition to Ohio law, the conduct of Board members should conform to the code of ethics recommended by the Ohio School Boards Association which includes the following.

1. It is unethical for a board member to:

A. seek special privileges for personal gain;

B. personally assume unauthorized authority;

C. criticize employees publicly;

D. disclose confidential information or

E. place the interest of one group or community above the interest of the entire District.

2. It is unethical for a board to:

A. withhold facts from the Superintendent, particularly about the incompetency of an employee;

B. consider complaints against a teacher that are not first submitted to the Superintendent or

C. announce future action before the proposition has been discussed by the Board.

LEGAL REFS.: ORC 2921.01(B); 2921.41; 2921.44

3313.13; 3313.33; 3313.70

3319.21

CROSS REF.: BBFA, Board Member Conflict of Interest

File: BBF-E

BOARD MEMBER CODE OF ETHICS

While serving as a member of my Board of Education, I accept the responsibility to improve public education. To that end I will:

remember that my first and greatest concern must be the educational welfare of all students attending the public schools;

obey the laws of Ohio and the United States;

respect the confidentiality of privileged information;

recognize that as an individual Board member I have no authority to speak or act for the Board;

work with other members to establish effective Board policies;

delegate authority for the administration of the schools to the Superintendent and staff;

encourage ongoing communications among Board members, the Board, students, staff and the community;

render all decisions based on the available facts and my independent judgment rather than succumbing to the influence of individuals or special interest groups;

make efforts to attend all Board meetings;

become informed concerning the issues to be considered at each meeting;

improve my boardmanship by studying educational issues and by participating in in-service programs;

support the employment of staff members based on qualifications and not as a result of influence;

cooperate with other Board members and administrators to establish a system of regular and impartial evaluations of all staff;

avoid conflicts of interest or the appearance thereof;

refrain from using my Board position for benefit of myself, family members or business associates and

express my personal opinions, but, once the Board has acted, accept the will of the majority.

NOTE: This code of Ethics has been adopted by the Ohio School Boards Association Delegate Assembly.

File: BBFA

BOARD MEMBER CONFLICT OF INTEREST

The Board and individual members follow the letter and spirit of the law regarding conflicts of interest.

A Board member will not have any direct or indirect pecuniary interest in a contract with the District; will not furnish for remuneration any labor, equipment or supplies to the District; nor be employed by the Board in any capacity for compensation.

A Board member may have a private interest in a contract with the Board if all of the following apply:

1. the subject of the public contract is necessary supplies or services for the school district;

2. the supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the school district as part of a continuing course of dealing established prior to the board member’s becoming associated with the school district;

3. the treatment accorded the school district is either preferential to or the same as that accorded other customers or clients in similar transactions and

4. the entire transaction is conducted at arm’s length, with full knowledge by the Board of the interest of the Board member, member of his/her family, or his/her business associate, and the Board member takes no part in the deliberations or decision with respect to the public contract.

In the event a Board member is employed by a corporation or business which furnishes goods or services to the District, the Board member will declare the association with the organization and refrain from debating or voting upon the question of the contract. It is not the intent of this policy to necessarily prevent the Board from contracting with corporations or businesses because a Board member is an employee of the firm. The policy is designed to prevent placing Board members in positions in which personal interest in the public school and place of employment might conflict and to avoid appearances of conflict of interest, even though such conflict may not exist.

The law specifically forbids:

1. the Prosecuting Attorney or a city attorney from serving on a board;

2. a member from serving as the school dentist, physician or nurse;

3. a member from being employed for compensation by a board;

4. a member from having, directly or indirectly, any pecuniary interest in any contract with a board;

5. a member from voting on a contract with a person as a teacher or instructor, if he/she is related to that person as father, mother, brother or sister;

6. a member from authorizing, or employing the authority or influence of his/her office to secure authorization of, any public contract in which he/she, a member of his/her family or his/her business associates have an interest;

7. a member from having an interest in the profits or benefits of a public contract entered into by, or for the use of, the District and

8. a member from occupying any position of profit during his/her term of office, or within one year thereafter, in the prosecution of a public contract authorized by him/her or a board of which he/she was a member at the time of authorization of that contract.

LEGAL REFS.: ORC 102.03

2921.02(B); 2921.42

3313.13; 3313.33; 3313.70

3319.21

4117.20

File: BCA

BOARD ORGANIZATIONAL MEETING

In compliance with law, the Board meets during the first 15 days of January of each year for the purpose of electing a president and vice president from among its membership and taking action on other matters of annual business. The Treasurer canvasses the new Board prior to December 31 of each year to establish the date of the organizational meeting. The Board appoints a president pro tempore from its membership.

Meeting Procedures

1. The President Pro Tempore calls the meeting to order.

2. The official swearing in or administration of the oath of office to the new members should follow. If the oath has already been taken, it should be stated where and when this oath was taken, for the record. If the oath has not been previously taken, the Treasurer, any member of the Board or any person qualified to administer an oath may do so.

3. The President Pro Tempore then presides over the election and swearing in of the President and Vice President.

4. The newly elected President and Vice President are sworn into office and the President assumes the chair.

5. The Board proceeds with items of annual business such as:

A. setting the dates and times of regular Board meetings;

B. appointment of legal counsel for the ensuing calendar year;

C. election of the Treasurer in those years when the Treasurer’s term has expired and establishment of salary;

D. purchase of liability insurance for Board members;

E. appointment of legislative liaison;

F. adoption of budget for new fiscal year (before January 15);

G. appointment of members to the Medina County Career Center Board of Education;

H. securing of performance bonds for the Board President and the Treasurer and

I. establishing a Board service fund.

6. Upon conclusion of annual business, the Board enters into such regular or special business as appears on the agenda for the meeting.

LEGAL REFS.: ORC 3313.10; 3313.14; 3313.15; 3313.203; 3313.22; 3313.25; 3313.87

CROSS REF.: BHD, Board Member Compensation and Expenses

File: BCB

BOARD OFFICERS

President

The President presides at all meetings of the Board and performs other duties as directed by law, State regulations and policies of the Board. In carrying out these responsibilities, the President:

1. is responsible for the orderly conduct of all Board meetings;

2. calls special meetings of the Board as necessary;

3. appoints Board committees, is an ex officio member of all Board committees with the power to vote and is knowledgeable as to the business of the various committees and generally oversees their work;

4. signs all proceedings of the Board after they have been approved;

5. signs all other instruments, acts and orders necessary to carry out State requirements and the will of the Board and

6. performs such other duties as may be necessary to carry out the responsibilities of the office.

The President has the right, as other Board members have, to offer resolutions, to make and second motions, to discuss questions and to vote.

Vice President

In the absence of the President, the Vice President performs the duties and has the responsibilities and commensurate authority of the President.

The Vice President performs such other duties as may be delegated or assigned to him/her by the Board.

President Pro Tempore

A president pro tempore may be elected by a majority of the Board to serve in such capacity when the President and Vice President are absent or unable to perform their duties.

The President Pro Tempore does not have power to sign any legal documents and vacates the chair when the President or Vice President arrives at the meeting.

LEGAL REFS.: ORC 3313.14; 3313.15; 3313.203; 3313.22

File: BCC

QUALIFICATIONS AND DUTIES OF TREASURER

Treasurer

As required by law, the Board will appoint an individual to serve as Treasurer for the District. The person selected must be licensed by, and meet the standards established by, the State Board of Education. Initial appointments will be for two years and reappointments for four years by action taken at the Board’s annual organizational meeting. Appointments made after the organizational meeting shall run only through that year. In such cases, a new appointment must be made at the next organizational meeting for two years. Subsequent contracts issued to that Treasurer shall be for a term of 4 years each as required by law.

If the Board does not intend to re-appoint the Treasurer, either after the Treasurer’s initial term or a four-year term, it will notify the Treasurer in writing of such intention not later than the first regularly scheduled Board meeting in October. If the Board does not give such notice by the specified date, the Treasurer is considered re-employed for a four-year term at a salary determined by the Board at its organizational meeting.

The Treasurer will perform the duties prescribed by Ohio law and will be directly responsible to the Board of Education and will work cooperatively with the Superintendent.

JOB DESCRIPTION

TITLE: Treasurer

REPORTS TO: Board of Education

GENERAL DESCRIPTION: Serve as the District’s chief fiscal officer; assume responsibility for the receipt, safekeeping and disbursement of all District funds and direct and manage all financial accounting programs and systems

Essential Functions

1. serve as Treasurer for all District funds

2. assume responsibility for the receipt, safekeeping and disbursement of all District funds

3. supervise the collection, safekeeping and distribution of all funds

4. receive all moneys belonging to the District

5. act as custodian of all moneys belonging to the District; deposit moneys received in banks designated by the Board; exercise authorized investment methods for the most advantageous investment return and provide for the safekeeping of investment and securities

6. pay out moneys on written order of designated official(s) of the Board; supervise preparation of payrolls

7. be responsible for the preparation of warrants, recording of all disbursements and maintaining accurate records of all disbursement of District funds

8. serve as the chief fiscal officer

9. prepare and analyze all financial statements

10. prepare and submit a monthly financial accounting (as the Board may request or require) of all District funds (assets)

11. furnish appropriate fiscal certificates as required by Ohio law

12. direct and manage all financial accounting programs and systems

13. set up and control (maintain) an accounting system including the establishment and supervision of internal accounting controls (including data processing) adequate to record in detail all financial transactions

14. be responsible for the maintenance of a complete and systematic set of financial records in accordance with State statutes and procedures prescribed by the Auditor of State of all financial transactions

15. act as general accountant of the Board and preserve all accounts, vouchers and contracts relating to the District; account for the receipt and disbursement of cash and provide for the safety of records maintained for the maximum period specified by Ohio law and/or Board policy

16. prepare payrolls, including deductions; prepare and maintain all necessary records of earnings and deductions and similar personnel payment records; responsible for reports and warrants to proper agencies covering deductions

17. assist with budget development and long-range planning

18. cooperate with the Superintendent and Business Manager in the projection of revenue and expenditures in preparing and implementing the appropriation resolution (budget) and spending plan for all District funds

19. act as Secretary of the Board

20. attend all meetings of the Board (unless properly excused by the Board)

21. record Board proceedings in the minutes and attest President’s signature after Board approval; open, read and enter all bids (when bidding is required) in the minutes

22. execute conveyances of the Board (together with Board President)

23. serve as a member of the District’s records commission (together with the Superintendent and Board President)

Other Duties and Responsibilities

1. serve as the spokesperson on fiscal matters

2. make all reports which are the result of the accounting function

3. make a full and complete itemized report of the finances of the District at the close of each fiscal year

4. provide necessary financial information in a timely manner to the Board, administration and agencies of the State and U.S. governments

5. prepare reports to the proper staff officials concerning the status of their budgetary accounts to guard against the overspending of any appropriated (budgeted) account

6. recommend new accounting methods as necessary and/or desirable

7. be responsible for the detailed recording (including data processing) of all school financial transactions in appropriate journals and subsidiary ledgers

8. supervise the preparation of studies establishing, appraising and/or improving financial procedures and internal controls

9. cooperate with the Superintendent and Business Manager in preparing prospectus for bond sales

10. act as an integral part of the Board’s negotiating team(s); assist the Business Manager in (1) preparing cost estimates relative to Board proposals to ascertain whether they are within the limits of budgetary restraints and (2) estimating the costs associated with proposals presented to the Board by bargaining units; work closely with the other members of the bargaining team to develop negotiating strategy and to implement the economic portions of ratified contracts according to agreed-upon terms

11. work closely and cooperatively with auditors

12. compile and preserve all official records and reports of the Board

13. notify Board of Elections of changes in District boundaries

14. accept summons served on the Board of Education

15. may supervise and coordinate auction of Board real and personal property

16. supervise the mailing or delivering of meeting agendas and meeting minutes to Board members

17. perform other duties as assigned by the Board

Qualifications

1. Ohio Department of Education Treasurer’s License

2. other qualifications as the Board deems necessary

3. be bondable

Required Knowledge, Skills, and Abilities

1. government accounting

2. revenue forecasting

3. communicate fluently

4. organizational skills

5. school finance

Equipment Operated

1. computer

2. adding machine

Additional Working Conditions

1. weekend and/or evening work

2. travel

LEGAL REFS.: ORC 131.18

3301.074

3311.19

3313.14; 3313.15; 3313.22; 3313.24; 3313.26-3313.261; 3313.27;

3313.34; 3313.51

3319.03; 3319.04

5705.41; 5705.412; 5705.42; 5705.45

CROSS REFS.: BCCA, Incapacity of Treasurer

BDDG, Minutes

DFA, Revenues from Investments

DH, Bonded Employees and Officers

File: BCCA

INCAPACITY OF TREASURER

Should the Treasurer become incapacitated, the Board will appoint a treasurer pro tempore. The appointment is made by a majority vote of the Board after the conditions relating to incapacity of the Treasurer are met in accordance with Ohio law and the Family and Medical Leave Act of 1993.

The Treasurer Pro Tempore shall perform all the duties and functions of the Treasurer and may be removed at any time by a two-thirds majority vote of the members of the Board or upon return to full-time active service of the Treasurer.

The Treasurer Pro Tempore shall meet the licensing requirements established by the State Board of Education. The Treasurer Pro Tempore may not be a member of the Board.

LEGAL REFS.: Family and Medical Leave Act; 29 USC 2601 et seq.

ORC 3313.23; 3313.24

3319.13

File: BCCA-R

INCAPACITY OF TREASURER

A Treasurer Pro Tempore shall be appointed by a majority of the members of the Board upon determining that the Treasurer is incapacitated in such a manner that he/she is unable to perform the duties of that office. Such incapacity is determined:

1. by request of the Treasurer, if the Treasurer is absent with pay by reason of personal illness, injury or exposure to contagious disease which could be communicated to others or is absent without pay in accordance with the Family and Medical Leave Act;

2. upon certification of the attending physician that the Treasurer is unable to perform the duties of the office of Treasurer;

3. upon the determination of a referee, pursuant to the Ohio Revised Code, that the Treasurer is unable to perform the duties of the office of the Treasurer;

4. upon the granting of a leave of absence, without pay, requested by the Treasurer by reason of illness, injury or other disability of the Treasurer or

5. upon the placing of the Treasurer on an unrequested leave of absence, without pay, by reason of illness or other disability pursuant to the Ohio Revised Code.

During the period of incapacity, the Treasurer shall:

1. at his/her request, be placed on sick leave with pay, not to exceed the extent of his/her accumulated but unused sick leave and any advancement of such sick leave which may be authorized by Board policy;

2. at his/her request, or without such request, pursuant to the Family and Medical Leave Act, be placed on unpaid FMLA leave for up to 12 weeks per year or

3. at his/her request, or without such request, pursuant to the Ohio Revised Code, be placed on a leave of absence without pay.

The leave provided during the period of incapacity (described above) shall not extend beyond the contract or term of office of the Treasurer.

The Treasurer shall, upon request to the Board, be returned to active-duty status, unless the Board denies the request within 10 days of receipt of the request. The Board may require the Treasurer to establish to its satisfaction that the Treasurer is capable of resuming such duties and, further, that the duties may be resumed on a full-time basis.

The Board may demand that the Treasurer return to active service; upon the determination that the Treasurer is able to resume his/her duties, the Treasurer shall return to active service.

The Treasurer may request a hearing before the Board on actions as indicated above taken under this policy and shall have the same rights in such hearing as are granted under ORC 3319.16.

The Treasurer Pro Tempore shall perform all of the duties and functions of the Treasurer and may be removed at any time by a two-thirds majority vote of the members of the Board.

The Board shall fix the compensation of the Treasurer Pro Tempore in accordance with the Ohio Revised Code and he/she shall serve until the Treasurer’s incapacity is removed or until the expiration of the Treasurer’s contract or term of office, whichever is earlier.

File: BCCB

EVALUATION OF THE TREASURER

Annually, the Board evaluates the performance of the Treasurer in order to assist both the Board and the Treasurer in the proper discharge of their responsibilities and to enable the Board to provide the District with the best possible leadership.

The goals and objectives of the Board’s evaluation are to:

1. review fiscal operations and procedures as they relate to Board policy and Ohio law;

2. ensure that the Treasurer is acting effectively as an advisor to the Board and Superintendent in all fiscal matters;

3. develop fiscal goals for the District as they relate to the Treasurer for the next fiscal year and

4. measure the degree that the Treasurer is meeting his/her goals and objectives.

Criteria for the evaluation of the Treasurer is based upon the Treasurer’s job description and relates directly to each of the tasks described. The job description and any revisions thereto are developed in consultation with the Treasurer and Superintendent and adopted by the Board.

Evaluation criteria are reviewed as necessary or as requested by the Treasurer. Any proposed revision of the evaluation criteria shall be provided to the Treasurer for his/her comments before its adoption.

LEGAL REF.: ORC 3313.22

File: BCD

BOARD-SUPERINTENDENT RELATIONSHIP

The enactment of policies, consistent with long term goals, is one of the most important function of a board and the execution of the policies should be the function of the Superintendent and staff.

Delegation by the Board of its executive powers to the Superintendent provides freedom for the Superintendent to manage the District within the Board’s policies and frees the Board to devote its time to policy-making and appraisal functions.

The Board holds the Superintendent responsible for the administration of its policies, the execution of Board decisions, the operation of the internal systems designed to serve the District program and keeping the Board informed about District operations and problems.

The Board strives to procure the best professional leader available as its Superintendent. The Board, as a whole and as individual members, will:

1. give the Superintendent full administrative authority for properly discharging his/her professional duties, holding him/her responsible for acceptable results;

2. act in matters of employment or dismissal of personnel after receiving the recommendations of the Superintendent;

3. hold all meetings of the Board in the presence of the Superintendent, except when matters such as the Superintendent’s contract and/or salary are under consideration;

4. refer all complaints to the Superintendent for appropriate investigation and action;

5. strive to provide adequate safeguards for the Superintendent and other staff members so that they can discharge their educational functions on a thoroughly professional basis and

6. present personal criticisms of any employee directly to the Superintendent.

File: BCE

BOARD COMMITTEES

The Board may authorize the establishment of committees from among its membership as it finds such action necessary to study operations in specific areas and to make recommendations for Board action.

The following guidelines may govern the appointment and function of Board committees.

1. The committee is established through action of the Board.

2. The chairperson and members are named by the Board President.

3. The committee may make recommendations for Board action but may not act for the Board unless specifically authorized.

4. The Board President and Superintendent are ex officio members of all committees.

5. No committee appointments extend beyond the ensuing annual organizational meeting, at which time the newly-elected President has the privilege of making new appointments or re-appointments. A committee may be dissolved at any time by a majority vote.

6. The Sunshine Law and its exceptions apply to Board meetings and Board-appointed committee and subcommittee meetings.

LEGAL REFS: ORC 121.22

3313.18

CROSS REFS.: BCB, Board Officers

BDC, Executive Sessions

File: BCG

SCHOOL BOARD ATTORNEY

The Brunswick City Board may employ legal counsel in addition to the City Solicitor and pay for legal services from District funds.

The counsel advises the Board and its officials on legal matters relating to them and their powers.

In engaging legal counsel, the Board may require submission of a written proposal which can be incorporated into a contract or purchase order if it satisfies the wishes of the Board. Proposals could detail:

1. specific objectives to be accomplished by the counsel;

2. a list of specific tasks to be performed;

3. procedures to be used in carrying out the tasks;

4. target dates for the completion of tasks;

5. methods to be used to report results to the Board and/or to deliver any product or render any service to the Board and

6. a fee agreement clearly specifying all fees for legal services and termination rights.

The Board will establish procedures necessary to effect an efficient working relationship between the counsel and the Board and/or staff members. Staff must have Superintendent approval prior to consulting the Board's legal counsel.

LEGAL REFS.: ORC 309.10

3313.35

3319.33

CROSS REF.: BCA, Organizational Meeting

File: BCH

CONSULTANTS TO THE BOARD

In order to pursue its educational mission and also to protect the public’s financial investment in the schools, the Board may, from time to time, engage the services of qualified professional consultants to provide new insights and ideas for dealing with especially difficult problems and/or to provide special services which the present staff is unable to provide. The kinds of assistance sought from consultants may include, but are not necessarily limited to: conducting fact-finding studies, surveys and research; providing counsel or services requiring special expertise and assisting the Board in developing policy and program recommendations.

Before engaging any consultant, the Board may require submission of a written proposal which can be incorporated into a contract or purchase order if it satisfies the wishes of the Board. Proposals may detail:

1. specific objectives to be accomplished by the consultant;

2. specific tasks to be performed;

3. procedures to be used in carrying out the tasks;

4. target dates for the completion of tasks;

5. methods to be used to report results to the Board and/or to deliver products or render any service to the Board and/or

6. fees or rate of pay the Board will be charged.

LEGAL REFS.: ORC 3313.171

3315.061

File: BCJ

SPECIAL INFORMATION

It is recognized that a well-informed Board of Education best serves the interests of its constituents. Therefore, any Board member may request of the Superintendent and/or Treasurer that the information or research be provided on a timely basis.

It should be further recognized by Board members that requests should be prudent and well within the ability of the Treasurer, Superintendent and/or their staffs to provide without any interruption of day-to-day services. Information will be distributed to the entire Board of Education.

File: BD

SCHOOL BOARD MEETINGS

The Board transacts all business at official meetings of the Board. These may be either regular or special meetings. At the organizational meeting, the Board shall fix the time for holding its regular meetings. Regular meetings shall be held at least once every month. Special meetings are meetings called between the regularly-scheduled meetings to consider specific topics.

All regular and special meetings of the Board are open to the public, school personnel and members of the news media. All Board meetings are publicized and conducted in compliance with the Sunshine Law. No action may be taken in executive session.

LEGAL REFS.: ORC 121.22

3313.15; 3313.16

CROSS REFS.: BCE, Board Committees

BDC, Executive Sessions

BDDA, Notification of Meetings

File: BDC

EXECUTIVE SESSIONS

Educational matters should be discussed and decisions made at public meetings of the Board (in accordance with the rationale for the creation of public governing bodies). Some matters are more properly discussed by the Board in executive session. As permitted by law, such matters may involve:

1. the appointment, employment, dismissal, discipline, promotion, demotion or compensation of an employee, official or student or the investigation of charges or complaints against such individual, unless an employee, official or student requests a public hearing; (The Board will not hold an executive session for the discipline of one of its members for conduct related to the performance of his/her official duties or for his/her removal from office.)

2. the purchase of property for public purposes or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair advantage to a person whose personal, private interest is adverse to the general public interest;

3. specialized details of security arrangements where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law;

4. matters required to be kept confidential by Federal law or State statutes;

5. preparing for, conducting or reviewing negotiations with public employees concerning their compensation or other terms and conditions of their employment or

6. in-person conferences with an attorney for the Board concerning disputes involving the Board that are the subject of pending or imminent court action.

Conferences with a member of the Office of the State Auditor or an appointed certified public accountant for the purpose of an audit are not considered meetings subject to the Sunshine Law.

The Board meets in executive session only to discuss legally authorized matters. Executive sessions are held only as part of a regular or special meeting and only after a majority of the "quorum" determines, by a roll-call vote, to hold such a session.

When the Board holds an executive session for any of the reasons stated above, the motion and vote to hold the executive session shall state one or more of the purposes listed under such paragraph for which the executive session is to be held, but need not include the name of any person to be considered in the executive session. The minutes shall reflect the information described above.

In compliance with law, no official action may be taken in executive session. To take final action on any matter discussed, the Board reconvenes into public session.

The Board may invite staff members or others to attend executive sessions at its discretion.

Board members shall not disclose or use, without appropriate authorization, any information acquired in the course of official duties (which is confidential because of statutory provisions) or which has been clearly designated as confidential because of the status of proceedings or the circumstances under which the information was received.

LEGAL REFS.: ORC 102.03

121.22

CROSS REFS.: BD, School Board Meetings

KBA, Public’s Right to Know

KLD, Public Complaints About District Personnel

File: BDDA

NOTIFICATION OF MEETINGS

Due notice of all meetings of the Board and Board-appointed committees is given to the press, the public and all Board members.

Organizational Meeting: Notice of organizational meetings, including any special or regular meeting following the organizational meeting, is given in the same manner as notice for regular and special meetings of the Board (see below).

Regular Meetings: A notice of the time and place of regularly scheduled meetings, or of any change in time or place thereof, is given to the media and those requesting advance personal notice.

Special Meetings: A special meeting may be called by the President, the Treasurer or any two members of the Board by serving written notice of the time and place of the meeting upon each Board member at least two days before the date of the meeting. The notice must be signed by the officer or members calling the meeting. Notice by mail is authorized.

Emergency Meetings: The Board will not hold a special meeting unless it gives at least 24 hours advance notice to the news media that have requested notification, except that, in the event of any emergency, the media is notified immediately of the time, place and purpose of the meeting.

Personal Notice of Meetings: Any person who wishes to receive advance personal notice of any change in time or place of a regular or special meeting of the Board may receive the advance notice by requesting that the Treasurer include his/her name on a mailing list and by providing the Treasurer with a supply of stamped, self-addressed envelopes.

Cancellation: Occasionally, regular or special meetings of the Board must be canceled. Meetings can be canceled for any reason. When the Board President or Superintendent decides to cancel a Board meeting, the Treasurer should notify other Board members and all media who have requested notification of the cancellation. Notice of cancellation should also be prominently posted at the meeting site. This notice should include the new date of a rescheduled meeting, if possible.

LEGAL REFS.: ORC 121.22

3313.15; 3313.16

File: BDDB

AGENDA FORMAT

The order of business at regular meetings is generally as follows.

1. Pledge of Allegiance

2. Call to order and roll call

3. Approval of minutes

4. Public Comment

5. Recognition

6. Treasurer's Report/Treasurer's Recommendations

7. Recommendations of the Superintendent

8. Business initiated by members of the Board

9. Superintendent's Report

10. Public Comment

11. Information Requested

12. Reaffirm time and place of next meeting

13. Adjournment

File: BDDC

AGENDA PREPARATION AND DISSEMINATION

The Superintendent, in consultation with the President and Vice President of the Board, arranges the order of items on meeting agendas so that the Board can accomplish its business as expeditiously as possible. The particular order may vary from meeting to meeting in keeping with the business at hand.

Items of business may be suggested by a Board member, staff member or citizen of the District. The agenda may allow suitable time for the remarks of the public who wish to speak briefly before the Board.

The Board follows the order of business established by the agenda, except as it may vote to re-arrange the order for the convenience of visitors or other individuals appearing before the Board or to expedite Board business. An item of business which is not on the agenda may be discussed and acted upon if a majority of the Board agrees to consider the item. The Board, however, will not revise Board policies, or adopt new ones, unless such action has been scheduled.

The agenda, together with supporting materials, is distributed to Board members at least 48 hours prior to the Board meeting to permit them to give items of business careful consideration. The agenda is also made available to the press, representatives of the community, staff groups and others upon request.

File: BDDE

RULES OF ORDER

Robert's Rules of Order shall be used to guide the orderly procedures of Board meetings unless suspended by a 2/3's vote of the Board.

File: BDDF

VOTING METHOD

All votes taken by the Board are recorded in the official proceedings of the meeting.

To comply fully with Ohio law, roll-call votes are made on resolutions pertaining to:

1. any action on which a Board member requests a roll-call vote and

2. re-employment of a teacher against the Superintendent’s recommendation.

The following actions require a roll-call vote and an affirmative vote by a majority of the full membership of the Board for passage.

1. purchase or sale of real or personal property

2. employment of any school employee

3. election or appointment of an office

4. payment of any debt or claim

5. adoption of any textbook

For passage, most other actions require an affirmative vote by a majority of those present and voting. Board members must be physically present at the meeting in order to vote.

All votes which require a specific majority are in the exhibit which follows.

LEGAL REFS.: ORC Chapter 133

3313.11; 3313.18; 3313.22; 3313.23; 3313.66(E)

3319.01; 3319.07; 3319.11

3329.08

5705.14; 5705.16; 5705.21

File: BDDF-E

VOTING METHOD

5-MEMBER BOARD

REFERENCE

ITEM # NEEDED ORC

Declare it necessary to issue 133.18

bonds 3(a) 133.01(U)

Declare, by remaining members,

that reasons for a member’s absence

for 90 days are insufficient

to continue membership 3 (f) 3313.11

Fill a vacant Board seat

(majority of remaining members) 3 (g) 3313.11

Purchase or sell real estate 3 (a) 3313.18

Appoint any employee 3 (a) 3313.18

Elect or appoint an officer 3 (a) 3313.18

Pay any debt or claim 3 (a) 3313.18

Adopt textbook 3 (a) 3313.18

Dispense with resolution

authorizing purchase or sale of

personal property, appointment of

employees, etc., if annual

appropriation resolution has been

adopted by a majority of full

membership 3 (a) 3313.18

Remove the Treasurer at any time

for cause 4 (c) 3313.22

Appoint Treasurer Pro Tempore 3 (a) 3313.23

Determine that Treasurer’s

incapacity is removed 3 (a) 3313.23

Remove Treasurer Pro Tempore

at any time for cause 4 (c) 3313.23

Affirm, reverse, vacate or modify

an order of student expulsion;

reinstate a student 3 (a) 3313.66 (E)

Employ or re-employ a local super-

intendent without the recommenda-

tion of the County Superintendent 4 (d) 3319.01

Appoint Superintendent Pro Tempore 3 (a) 3319.011

Remove Superintendent Pro Tempore

at any time for cause 4 (c) 3319.011

Suspend or remove Business Manager 4 (c) 3319.06

Re-employ any teacher whom the

Superintendent refuses to recommend

for re-employment 4 (d) 3319.07

Re-employ, in a local school

district, a person not nominated

by the County Superintendent after

considering two nominations by the

County Superintendent 3 (a) 3319.07

Reject the recommendation of the

Superintendent that a teacher

eligible for continuing contract

be granted a continuing contract 4 (d) 3319.11

Determine, at a regular meeting,

which textbooks shall be used in

the schools under its control 3 (a) 3329.08

(No textbooks shall be changed,

nor any part thereof altered or

revised, nor any other textbook

substituted therefore, within

four years after the date of

selection and adoption thereof,

as shown by the official records

of such Board, except by the

consent, at a regular meeting,

of four-fifths of all members

elected thereto.) Act to approve

substitute textbooks as authorized

by law 4 (e) 3329.08

Transfer funds in certain cases 4 (c) 5705.14

Declare the necessity for certain

transfers of funds 3 (a) 5705.16

Levy a tax outside 10-mill limitation

(not emergency) 4 (c) 5705.21

Reject findings and recommendations

of fact-finding panel by Board or

employee organization under

statutory impasse resolution

pro