By Law -
Last Revised on August 23, 2011
0160 - PARLIAMENTARY AUTHORITY
The parliamentary authority governing the School Board shall be Robert's Rules of Order Newly Revised in all cases in which it is not inconsistent with statute, administrative code, or these bylaws.
0162 - QUORUM
Three (3) members present at a meeting shall constitute a quorum, and no business shall be conducted in the absence of a quorum.
0163 - PRESIDING OFFICER
The President shall preside at all meetings of the Board. In the absence, disability, or disqualification of the President, the Vice-President shall act in his/her stead; if neither person is available, any member shall be designated by a plurality of those present to preside. The act of any person so designated shall be legal and binding.
0165 – NOTICE
0165.1 - REGULAR MEETINGS
The Board shall cause to be posted at the Corporation's Administrative Building, and in such other places as it may direct, a notice listing the date, time, and place of each regularly-scheduled meeting of the Board. The notice shall also contain the name, address, and telephone number of the Corporation.
The notice shall also contain the following:
"The meeting site is fully accessible. Any person requiring further accommodation should contact the Superintendent, at the School Corporation's central office."
0165.2 - CHANGE OF REGULAR MEETINGS
Within forty-eight (48) hours after the Board adopts a resolution changing the date, time, or place of a regularly-scheduled meeting, the meeting notice shall state the date, time, and place of the rescheduled meeting, as well as the name, address, and telephone number of the Corporation. Said notice shall be posted at the Administrative Office Building and such other place(s) as the Board may determine. Said notice shall be posted at least eighteen (18) hours before the rescheduled meeting.
0165.3 - SPECIAL MEETINGS
A notice of any special meeting shall be posted at least forty-eight (48) hours, excluding weekends and/or legal holidays before said special meeting at the Administrative Office Building and such other places as the Board may determine.
Said notice shall state the date, time, and place of such special meeting and the business to be transacted thereat, as well as the name, address, and telephone number of the Corporation. A copy of said notice shall be served upon each member of the Board at least seventy-two (72) hours before said meeting by one of the following methods:
A. delivering the notice to the member personally or sent by mail or telegram.
Revised 12/30/08 (Technical Change)
0165.4 – RECESS
Public notice of the date, time, and place of any rescheduled or reconvened meeting shall be given at least forty-eight (48) hours before the meeting. This requirement does not apply to reconvened meetings where announcement of the date, time, and place of the reconvened meeting is made at the original meeting and recorded in the minutes thereof, and there is no change in the agenda.
0165.5 – SERIES OF MEETINGS (GATHERINGS)
Members of the Board may not participate in a series of meetings (gatherings) if the series consists of at least two (2) gatherings and the series of gatherings meets all of the following criteria:
A. one (1) of the gatherings is attended by at least two (2) Board members but less than a quorum and the other gathering includes at least two (2) Board members
B. the sum of the number of different members attending any of the gatherings at least equals a quorum of the Board
C. all gatherings concern the same subject matter and are held within a period of not more than seven (7) consecutive days
D. the gatherings are held to take official action on public business
A Board member attends a gathering if the member is present at the gathering in person or if the member participates in the gathering by telephone or other electronic means, excluding electronic mail.
0166 – AGENDA
The Superintendent shall prepare and submit to each Board member a written agenda prior to each regular meeting and each special meeting, unless otherwise directed by the Board. The agenda shall list the various matters to come before the Board and shall serve as a guide for the order of procedure for the meeting.
Individual Board members may include items on the agenda upon the concurrence of the Board President.
The agenda of the regular, monthly meeting or special meetings shall be accompanied by a report from the Superintendent on information relating to the Corporation with such recommendations as s/he shall make.
The agenda for each regular meeting shall be mailed or delivered to each Board member so as to provide proper time for the member to study the agenda. The agenda for a special meeting shall be delivered at least two (2) days before the meeting, consistent with provisions calling for special meetings.
Prior to the meeting, a copy of the agenda shall be posted at the entrance to the meeting location.
The Board shall transact business according to the agenda prepared by the Superintendent and submitted to all Board members in advance of the meeting. The order of business may be suspended at any meeting by a majority vote of the members present.
0167 – CONDUCT
All regular and those special meetings of the Board at which the Board is authorized to take official action shall be conducted in compliance with the Indiana Open Door Law (I.C. 5-14-1.5).
Abstentions shall not be counted as votes, but shall be recorded and are deemed to acquiesce in the outcome of the vote. In the case of a tie vote in which an abstention is involved, the motion shall fail for lack of a majority.
All actions requiring a vote may be conducted by voice, show of hands, or roll call provided that the vote of each member be recorded. A Board member must be physically present in order to cast a valid vote. Proxy voting shall not be permitted. Any member may request that the Board be polled.
0167.2 - EXECUTIVE SESSION
The Board may meet in an executive session, one closed to the public, after giving proper notice, for the following purposes:
A. where authorized by Federal or State statute
B. Discussion of strategy with respect to collective bargaining, initiation of litigation, litigation which is pending or has been threatened in writing, implementation of security systems, purchase or lease of real property, providing the strategy is for bargaining or competitive reasons
C. interviews with prospective employees
D. with respect to any individual over whom the Board has jurisdiction, receive information concerning the individual's alleged misconduct, and to discuss, prior to determination, that individual's status as an employee, student, or independent contractor who is a physician or a school bus driver
E. discussion of records classified as confidential by Federal or State statute
F. discussion, before any placement decision, an individual student's abilities, past performance, behavior, and needs
G. discussion of an employee's job performance evaluation
In keeping with the confidential nature of executive sessions, no member of the Board shall disclose the content of discussions that take place during such sessions.
I.C. 5-14-1.5-5/6, 5-14-1.5-6.1
0167.3 - PUBLIC PARTICIPATION AT BOARD MEETINGS
The School Board recognizes the value of public comment on educational issues and the importance of allowing members of the public to express themselves on Corporation matters.
Any person or group wishing to place an item on the agenda shall register their written intent with the Superintendent no later than seven (7) calendar days prior to the meeting. Such correspondence must include:
A. name and address of the speaker;
B. group affiliation, if appropriate;
C. topic to be addressed.
Patrons desiring to speak to the Board may do so by registering with the Clerk of the Board upon arrival at the Public Meeting Room in the Educational Services Center, 5201 East Main Street, up to five (5) minutes before the beginning of the regularly-scheduled meeting. This registration shall include the speaker's name, address, group affiliation, if any, and the topic to be discussed.
Statements or questions must be directed to the presiding officer, who will in turn direct comments to other Board members, if appropriate.
The presiding officer shall be guided by the following rules:
A. Public comment shall be permitted only as indicated on the registration form.
B. Anyone having a legitimate interest in the actions of the Board and who has signed the registration form, may participate during the public comment period.
C. Participants must be recognized by the presiding officer and must preface their comments by an announcement of their name, address, group affiliation, if appropriate.
D. The presiding officer shall set a limit on the duration of each participant’s comments to a period of time not to exceeding five (5) minutes in length.
E. No participant may speak more than once on the same topic.
F. All statements shall be directed to the presiding officer; no person may address or question individual Board members.
G. The presiding officer may:
1. interrupt, warn, or terminate a person's statement if the statement is too lengthy; a personal complaint against a student, employee, or school official; abusive; obscene; or irrelevant;
2. request any individual to leave the meeting when that person does not observe reasonable decorum;
3. request the assistance of law enforcement officers in the removal of a disorderly person if that person's conduct interferes with the orderly progress of the meeting;
4. call for a recess or an adjournment to another time when the lack of public decorum so interferes with the orderly conduct of the meeting as to warrant such action;
5. waive these rules with the approval of the Board when necessary for the protection of privacy or the administration of the Board's business.
H. Audio or video recordings are permitted, provided the person operating the recorder has agreed to abide by the following conditions:
1. No obstructions are created between the Board and the audience.
2. No interviews are conducted during the Board meeting.
3. No commentary is made that would distract either the Board or members of the audience.
I. The portion of the meeting during which the participation of the public is invited shall be limited to a reasonable amount of time as determined by the presiding officer. Where his/her ruling is disputed, it may be overruled by a majority of those Board members present and voting.
J. When a public hearing is required by Federal or State statute, the above rules apply with the exception of the advance registration of the speakers.
0167.4 - ADJOURNMENT
The Board may at any time recess or adjourn to an adjourned meeting at a time, date, and place announced before the adjournment takes place. The adjourned meeting shall take up its business at the point in the agenda where the motion to adjourn was acted upon.
0168 - MINUTES
0168.1 - OPEN MEETING
The Board shall designate a person to keep minutes of each meeting showing the date, time, place, members present, members absent, any decisions made at a meeting open to the public, and the purpose or purposes for which a closed session is called. These minutes must be approved by the Board and endorsed by the Secretary at the next meeting. The minutes shall include all votes taken at the meeting. Proposed minutes shall be available for public inspection within a reasonable period of time after the meeting to which the minutes refer. Approved minutes shall be available for public inspection not later than five (5) business days after the meeting at which the minutes are approved. The minutes shall be available for inspection at the Superintendent's office and shall be available for purchase at a fee estimated by the Business Office to cover the cost of printing and copying.
The official minutes shall be bound together by years and kept in the office of the School Board.
Minutes of the preceding meetings shall be approved by the Board as its first order of business at regular meetings.
The minutes shall show only action taken.
0168.2 - EXECUTIVE SESSION
In keeping with the confidential nature of executive sessions, no member of the Board shall disclose the content of the discussions that take place during such sessions.