By Law - 0140 Membership

Last Revised on February 27, 2012

 

Last Revised on August 23, 2011
0141- NUMBER

The School Board shall consist of five (5) members.
0142 - ELECTION/APPOINTMENT - REVISED 4/04

Nominees for Board membership must be registered voters, and reside in the School Board election District from which they are to be elected unless running "at large". Nominees must have resided in the State of Indiana for two (2) years, and in the School Corporation for one (1) year, immediately before their taking office by appointment or election. In accordance with I.C. 20-26-4-11 no member of the Corporation's professional or support staff is eligible for election to this School Board. In accordance with the resolution passed by the Board of Commissioners of Hamilton County, on December 2, 1991, the boundaries of the present three (3) school board districts are readjusted to conform to the boundaries as outlined hereafter and identified as the Northern District, Central District, and Southern District.

Northern District: Beginning at a point at 146th Street and the west bank of White River, continuing west along the center line of 146th Street to Ditch Road, southbound along the center line of Ditch Road to 131st Street, eastbound along the center line of 131st Street to Gray Road, southbound along the center line of Gray Road to 116th Street, eastbound along the center line of 116th Street to White River and north along the west bank of White River to 146th Street.

Central District: Beginning at Ditch Road and 146th Street, westbound along the center line of 146th Street to the Boone County line, southbound along the Boone County line to 106th Street, eastbound along the center of 106th Street to US 31 (Meridian Street), northbound along the center line of US 31 (Meridian Street) to 116th Street, eastbound along the center line of 116th Street to Gray Road, northbound along the center line of Gray Road to 131st Street, westbound along the center line of 131st Street to Ditch Road, northbound along the center line of Ditch Road to 146th Street.

Southern District: Beginning at 116th Street and White River, westbound along the center line of 116th Street to US 31 (Meridian Street), southbound along the center line of US 31 (Meridian Street) to 106th Street, westbound along the center line of 106th Street to the Boone County line, southbound along the Boone County line to 96th Street, eastbound along the center line of 96th Street to White River, northbound along the west bank of White River to 116th Street.

Revised 12/2/91
Revised 3/28/94

0142.1 – TERM

The term of each Board member shall be four (4) years.
0142.2 – OATH - REVISED 4/04
Each newly elected, re-elected, appointed or re-appointed Board member shall take an oath of office administered by a notary public or other qualified person not later than thirty (30) days after the beginning of the term of office to which s/he was elected or appointed as well as other oaths which may be required for transactions connected with or related to the educational program of the Corporation. (I.C. 33-16-4-1) The copy of the oath shall be deposited in the circuit court clerk’s office of the county containing the greatest percentage of the population of the school corporation. (I.C. 20-5-3-1.5; I.C. 5-4-1-4)

Revised 12/9/02
Revised 12/03
0142.3 - VACANCIES
If a Board position becomes vacant pursuant to state law, the remaining members of the Board shall establish a process to fill the vacant position. The remaining Board members shall complete this process within 30 days after the vacancy occurs. If a majority of the remaining members fail to select a new Board member within that time period, the judge of the circuit court shall make an appointment to fill the vacancy, as required by Indiana statute. (I.C. 20-23-4-30(d)(1)&(2)
Revised 8/22/11
0142.4 - BOARD MEMBER LEAVE OF ABSENCE FOR MILITARY SERVICE
A Board member who elects to take a leave of absence because s/he has been called into active duty in the Armed Forces of the United States or the National Guard and is therefore unable to perform the duties of boardmanship is entitled to a leave of absence for the period of time of the active duty. A Board member’s salary will be prorated to reflect the period of active duty.
The Board member shall give written notice to the Clerk of the Circuit Court stating that s/he has been called into active duty and will be temporarily unable to perform the duties of school Board member.
During the Board member’s leave of absence the position on the Board must be filled in the same manner as filling other vacancies on the Board. The person selected or appointed serves until the date the Board member’s leave of absence ends or the term of his/her office expires.
 The person selected or appointed to the Board assumes the rights and duties of boardmembership and receives the adopted compensation established for the office for the time of the temporary appointment.
In the event the Board member's term of office expires during such a leave of absence, the office shall be filled as provided by law. Except as provided by a Federal law or regulation, a Board member who is on such a leave of absence is entitled to become a candidate for and be elected to the office from which s/he has taken a leave of absence.
I.C. 5-9-4 
Adopted 8/22/11
0142.5 – 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 Corporation, 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 each current negotiated agreement

B.      the current budget statement, audit report, and related fiscal materials

The Board will provide and maintain a library of publications and reference materials for the use of Board members. The Board and its administrative staff shall assist each new member-elect to understand the Board's functions, policies, and procedures before s/he takes office. The following methods are to be employed:

A.      The new member shall be invited to attend Board meetings before his/her term begins.

B.      The Superintendent shall supply material pertinent to meetings and explain their use.

C.      The new member shall be invited to meet with the Superintendent and other administrative personnel to discuss the services they perform for the Board.

D.      The Code of Ethics for School Board members shall be read to the new member at the time of his/her official installation.

The Board shall encourage the attendance of each new Board member at orientation and training meetings.
Revised 8/22/11
0143 - BOARD MEMBER AUTHORITY

Individual members of the Board do not possess the powers that reside in the School Board 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.

Access to Corporation personnel records shall be subject to the following guidelines:

A.      Examination of school employee personnel records by the School Board shall be conducted only at executive sessions of the Board. Any Board member may request that the Superintendent bring the personnel records of a designated employee(s) to an executive meeting of the Board.

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

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 matters such as appointments, assignments, promotions and 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.
0143.1 - PUBLIC EXPRESSIONS 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 Carmel Clay School Board, as a matter of policy, disclaims responsibility for any individual public statements by its members. The views expressed herein 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 sent to local media by the Board President when adopted.
 
0144 - OPERATIONS
0144.1 - COMPENSATION
As compensation for their services, Board members shall receive each year a basic fee not to exceed $2000 per annum as well as a supplement for additional services in an amount stipulated by a Board resolution acted upon at the annual organizational meeting. 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.

I.C. 20-26-4-7
0144.2 - BOARD MEMBER ETHICS
A School Board member should honor the high responsibility which his/her membership demands by:

A.      thinking always in terms of "children first";

B.      understanding that the basic function of the School Board member is "policy-making" and not "administrative", and by accepting the responsibility of learning to discriminate intelligently between these two (2) functions;

C.      accepting the responsibility along with his/her fellow Board members of seeing that the maximum of facilities and resources is provided for the proper functioning of schools;

D.      refusing to "play politics" in either the traditional partisan, or in any petty sense;

E.       representing at all times the entire school community;

F.       accepting the responsibility of becoming well informed concerning the duties of Board members, and the proper functions of public schools;

G.      recognizing responsibility as a State official to seek the improvement of education throughout the State.

A School Board member should respect his/her relationships with other members of the Board by:

A.      recognizing that authority rests only with the Board in official meetings, and that the individual member has no legal status to bind the Board outside of such meetings;

B.      refusing to make statements or promises as to how s/he will vote on any matter which should properly come before the Board as a whole;

C.      making decisions only after all facts bearing on a question have been presented and discussed;

D.      respecting the opinion of others and by graciously conforming to the principle of "majority rule";

E.       refusing to participate in irregular meetings such as "secret" or "star chamber" meetings, which are not official and which all members do not have the opportunity to attend.

A School Board member should maintain desirable relations with the Superintendent of Schools and his/her staff by:

A.      striving to procure, when the vacancy exists, the best professional leader available for the head administrative post;

B.      giving the Superintendent full administrative authority for properly discharging his/her professional duties, and also by holding him/her responsible for acceptable results;

C.      acting only upon the recommendation of the Superintendent in matters of employment or dismissal of school personnel;

D.      having the Superintendent present at all meetings of the Board except when his/her contract and salary are under consideration;

E.       referring all complaints to the proper administrative office and by discussing them only at a regular meeting after failure of administrative solution;

F.       striving to provide adequate safeguards around the Superintendent and other staff members to the end that they can live happily and comfortably in the community and discharge their educational functions on a thoroughly professional basis;

G.      presenting personal criticisms of any employee directly to the Superintendent.

A School Board member should meet his/her responsibilities to his/her community by:

A.      attempting to appraise fairly both the present and future educational needs of the community;

B.      regarding it as a major responsibility of the Board to interpret the aims and the methods of the schools of the community;

C.      insisting that all school business transactions be on an open, ethical, and above-board basis;

D.      vigorously seeking adequate financial support for the schools;

E.       refusing to use his/her position on a School Board in any way whatsoever for personal gain or personal prestige;

F.       refusing to discuss personnel matters or any other confidential business of the Board in his/her home, on the street, or in his/her office;

G.      winning the community's confidence that all is being done in the best interests of school children.

Indiana School Boards Association
0144.3 - CONFLICT OF INTEREST
REVISED 6/15/92

Acceptable gifts, favors, services, entertainment, food, drink, and honoraria:

A.      No Board member or employee or spouse or un-emancipated child of a Board member or employee may solicit, accept, or receive, directly or indirectly, any gift, favor, service, entertainment, food, or drink under circumstances in which it can reasonably be inferred that a gift would influence the Board member or employee to give special consideration to an action by such Board member or employee in his/her official capacity.

B.      This policy shall not prohibit political contributions which are reported in accordance with applicable law. In addition, this policy shall not prohibit contributions which are accepted by Carmel Clay Schools.

C.      Gifts, favors, services, entertainment, food, or drink that exceed an aggregate value in excess of $100 received by a Board member or an employee in a calendar year from a person desiring to do business or who is doing business with Carmel Clay Schools in which the employee holds an office or position shall be disclosed.

D.      No Board member or employee shall accept gifts, favors, services, entertainment, food, or drink that exceed an aggregate value of $250 in any calendar year from a person desiring to do business or is doing business with Carmel Clay Schools. This limit can be waived for a legitimate public purpose. The following shall not be considered a gift, favor, service, entertainment, food, or drink:

          1. food or drink consumed by an employee during the conduct of official public business or while attending public ceremonies

          2. mementos or souvenirs of nominal value received at public ceremonies or commemorating official business

          3. invitations or tickets to political fund-raising events or public charitable benefits when used by an employee or a member of his/her immediate family

          4. food or drink consumed by an employee in connections with his/her official duties if consumed at a reception or gathering for public or school officials

          5. food or drink consumed by an employee or other reasonable courtesies extended to an employee during negotiations or other activities related to an economic development project

E.       If an honorarium is offered to an employee as payment for a speech or article whose content is derived from that employee's job, the honorarium is considered as a payment for the performance of duties and is not to be accepted. If an honorarium is offered to the employee as payment for a speech or article whose content is based solely upon the employee's personal knowledge or expertise, the employee may accept it.

F.       No member of the Board may obtain, for at least one (1) year after termination of service on the Board, a pecuniary interest in any Corporation contract or purchase which was approved during his/her tenure. (I.C. 35-44-1-7)
                Board members shall utilize the authority of their position solely for the benefit of the school community. To this end:                      
A. Conflict of Interest Disclosure              
                If a Board member or a spouse or dependent has a pecuniary interest in a contract or purchase to be approved by the Board, or a Board member or a spouse or dependent will profit from a contract or purchase to be approved by the Board, the Board member shall submit a written Conflict of Interest disclosure on State Board of Accounts Form 236. The disclosure shall be submitted for approval by the Board before the Board considers approval of the contract or purchase addressed in the disclosure.
The Board member shall not participate in the discussion or vote on the acceptance of his/her disclosure or approval of the contract or purchase, and the role played by this Board member shall be described in the minutes of the meeting.             
                A written conflict of interest disclosure on State Board of Accounts Form 236 that is approved by the Board shall be filed by the Superintendent with the State Board of Accounts and the Clerk of the Circuit Court within fifteen (15) calendar days after approval by the Board. I.C. 35 44-1-3           
B. Profiteering From Public Service         
                For one (1) year after leaving the Board, a member of the Board shall not obtain a pecuniary interest in any contract or purchase which was approved by the Board during his/her Board service unless the former member:            
1.       was screened from any participation in the contract or purchase            
2.       has not and will not receive a part of any profit from the contract or purchase by the Board; and            
3.       promptly gives notice to the Board of his/her interest in the contract or purchase.         
                This limitation does not apply if the Board member receives less than $250.00 of the profits from the contract or purchase.           
I.C. 35-44-1-7
0144.4 - INDEMNIFICATION
The Board may bear the costs, including reasonable counsel fees and expenses and costs of appeal, if any, incurred by a Board member in his/her defense of a civil action, or in a criminal action that results in final disposition in his/her favor, brought against him/her for any act or omission arising out of and in the performance of duties as a Board member.

I.C. 20-26-5-4(16)
0144.4   Defense and Indemnification of Board Members
                This bylaw is applicable to all types of civil claims under law including tort claims, civil rights claims, and contract claims. The Board will pay all costs and fees incurred by or on behalf of any Board member in the defense of any claim under law if the Board by resolution determines that the Board member's actions upon which the claim is based arise out of the performance of the member's duties as a Board member, and were taken in good faith. 
                The Board shall, subject to the provisions of Indiana law, also pay any judgment, compromise, or settlement of a claim, or suit when the Board determines by resolution that it is in the best interest of the Corporation to do so, the act or omission upon which the claim is based occurred within the scope of the Board member's duties as a Board member, and the member did not act in bad faith, or with malfeasance in office. The intent of this bylaw is to hold the Board member harmless from any liability, cost, or damages in connection such a claim, including but not limited to the payment of legal fees and court costs, except where the liability, cost, damage, or fees are predicated on, or arises out of, the bad faith of the Board member or the claim or judgment is based on the member's malfeasance in office.
                If a present or former Board member is or could be subject to personal civil liability for a loss occurring because of a noncriminal act or omission within the scope of the member's duties which violates the civil rights laws of the United States, the Board shall, subject to the limitations established by Indiana law pay the judgment, compromise, or settlement of the claim or suit if the Board determines by resolution that paying the judgment, compromise or settlement is in the best interests of the Corporation. The Board shall also pay all costs and fees incurred by or on behalf of Board member in defense of any such claim or suit.    
                A Board member shall not be personally liable on contracts entered into within the scope of the member's duties as a Board member unless the contract clearly states otherwise in writing.
I.C. 20-26-5-4(17)
I.C. 34-13-2
I.C. 34-13-3-5
I.C. 34-13-3-20
I.C. 34-13-4-1
I.C. 35-44-1-3
I.C. 35-44-1-7