HOBART SCHOOL BOARD

BOARD POLICY MANUAL

ARTICLE THREE: BOARD OF SCHOOL TRUSTEES - INTERNAL POLICIES AND PROCEDURES

I. MEETINGS
II. TIME AND PLACE OF MEETING
III. RECORD OF THE MEETING
IV. PUBLIC ACCESS, ATTENDANCE AND INPUT
IV. A. Public Access to Records
IV. B. Public Input at Meetings
V. CONDUCT OF MEETING
V. A. Agenda
V. B. Quorum
V. C. Responsibilities of Presiding Officer
V. D. Board Voting
V. E. Actions Requiring Second Reading
V. F. Rules of Order
V. G. Chart of Parliamentary Motions (added 8/31/96)
V. H. Board Policy Manual
Parliamentary Motions Chart

I. MEETINGS
I A. Organizational Meeting
The governing body of the School City of Hobart shall organize annually, at a meeting held within the first fifteen (15) days of January. At such meeting the Board shall:

-- Elect a President, Vice-President and Secretary, each of which shall be a different member.
-- Appoint a Treasurer for the School Corporation, other than the Superintendent and the members of the Board.
-- Appoint a School Attorney.
-- Swear in any new members who have not yet taken the required oath.
-- Establish a schedule of regular meetings for the school year.

SOURCE: I.C. 20-5-3 [This statute provides for an organizational meeting of the governing body at which time the officers are appointed.

I B. Regular Meetings (I.C. 20-5-3-2)
Regular meetings shall be held by the governing body at a time and place established by resolution of the Board or by its rules and regulations. No notice need be given any member for holding or taking any action at a regular meeting.

I C. Statutory Meetings (I.C. 20-5-3-2)
Where a meeting is held pursuant to a procedure established by law and where publication of notice of the meeting is required, no notice of the meeting is required or need be given any member for holding or taking any such action at such meeting contemplated by such notice if such meeting is held at the time and place set forth in the notice.

I D. Special Meetings (I.C. 20-5-3-2)
Special meetings of the governing body shall be held on call by its President, by a majority of the Board or by the Superintendent of Schools of the School City of Hobart. Such call shall be evidenced by a written notice specifying the time and place of the meeting, delivered to each member personally or by mail or telegram so that each member has at least 72 hours notice thereof. Such special meeting shall be held at the regular meeting place of the Board. Members of the Board who receive less than 72 hours notice may waive this notice by:

I D 1. Presence at the meeting.
I D 2. Execution of a written notice waiving the time and place of the meeting, executed either before or after the meeting. If it is executed after said meeting, the waiver shall include in general terms the purpose of said meeting.

I E. Executive Sessions (I.C. 20-5-3-2, I.C. 5-14-1.5)
All meetings of the Board shall be open to the public except those meetings to be declared "executive session" that are within the scope of those purposes for which an executive session may be held in accordance with I.C. 5-14-1.5. The public shall be given notice of executive sessions at least 48 hours before such meeting unless an emergency exists [a situation involving actual or threatened injury to person or property, or actual or threatened disruption of the governmental activity] in which case it shall be at the same time that the Board is notified. Notice of such meeting shall be by posting at the principal office of the Board and by delivering by mail, postage prepaid, or delivering to all media which file a request by January 1 of each year. No final action may be taken at an executive session.

I F. Work Session
These meetings may be held for the purpose of providing the Board an opportunity to receive information or discuss topics, but at which no action, other than adjournment, may be taken. Such meetings are open to public observation, but shall not include public participation. They may be scheduled by the Board by majority vote at a public meeting, or by the Superintendent, with the advice of the Board President.

II. TIME AND PLACE OF MEETING.
The place of the meeting for the conduct of business shall be held within the boundaries of the school corporation unless the law permits the holding of a statutory or joint meeting outside the boundaries. At the organizational meeting of the Board, the regular time and place of meetings shall be designated which may be changed by action of the governing body or upon ratification of the action of the Superintendent in calling the meeting.

III. RECORD OF THE MEETING.
The proceedings, actions, policies and resolutions of the Board shall be kept in the form of minutes of the Board to be prepared by personnel assigned by the Superintendent. The minutes of the meeting shall be prepared within a reasonable period of time after a meeting of the Board and shall be delivered to its members either by mail or by personal delivery. The minutes so distributed shall be approved, with amendments, if any, at the next regularly scheduled open meeting by majority vote of the Board members present for the vote. Minutes may be corrected for accuracy by majority vote prior to or subsequent to approval.

The action on any resolution or motion shall be set forth in the minutes by setting forth an accurate record of the motion or resolution, the Board member making the motion and member seconding the motion, and the vote.

Minutes of Executive Sessions shall be submitted for approval in such form as to indicate the date, time and place of the meeting, the purpose, the Board members in attendance, and to certify that the matters discussed were limited to those which may be lawfully discussed in executive session.

Once approved, the official minutes shall be signed by the President and Secretary, and kept in the office of the Superintendent where they shall be open to public inspection upon appointment.

IV. PUBLIC ACCESS, ATTENDANCE AND INPUT.

IV A. Public Access to Records.
All records that are required to be maintained by either state or federal law, except those that are mandated to be confidential, shall be open for public inspection in accordance with state law during the regular business hours of the school administration offices. The Board shall determine a reasonable fee schedule for the photocopying of any non-confidential public record maintained by the school corporation. Annually, the Superintendent shall review the fee schedule and recommend any changes needed to the Board.

A "Records Access Officer" shall be designated by the Board of School Trustees, who shall be the person responsible for public records release decisions. Requests for disclosure of public records must be addressed in writing to the Records Access Officer and must identify the record for which disclosure is sought. The Records Access Officer shall respond to any request within 24 hours excluding weekends or holidays. Any decision denying access may be appealed to the Superintendent of Schools.

This School Corporation will not create or provide lists of names and addresses of patrons, students, or employees. Additionally, the School Corporation adopts the following guidelines for the disclosure of public records and exempts from disclosure the following:

IV A 1. State and federal mandated confidential records.

IV A 2. Items mandatorily exempt from disclosure under the provisions of the Indiana Access to Public Records Act.

IV A 3. Investigatory records of law enforcement agencies, juvenile authorities, or administrative personnel.

IV A 4. The work product of any attorney employed or retained by the school corporation or of any attorney retained by a co-defendant.

IV A 5. Any test question, answers, scoring keys, and other examination data for employment or academic examinations.

IV A 6. Records relating to collective bargaining, contract administration, or research prepared for negotiations.

IV A 7. Diaries, journals, and other personal notes of the governing body or administration.

IV A 8. The personnel files of the school corporation including any evaluative, disciplinary, investigative, or hearing records, except those documents or exhibits introduced in any public hearing.

IV A 9. Health or medical records of any employee or student.

IV A 10. Administrative or technical data relating to any security or computer system.

IV A 11. Computer programs, computer codes, computer filing systems, and other software that are owned by the public agency or entrusted to it.

IV A 12. The notes or records prepared specifically for discussion in executive session.

IV A 13. The identity of the donor of any gift to the school corporation upon request.

IV B. Public Input at Meetings.
While each regular and special meeting of the Board is open to the public, neither the state nor the federal constitutions require the public to be given an opportunity for input at such meetings. As a matter of policy, the Board of School Trustees will permit public input in accordance with the following guidelines:

IV B 1. If an individual or group wishes to be formally placed on a meeting agenda in order to speak to the Board on an issue not on the current agenda, they must submit a written request to the Superintendent not less than 72 hours prior to the meeting.

IV B 2. For individuals wishing to informally comment on agenda items, the President may call for such comment prior to the first regular agenda item and after the approval of the minutes, time limit of comments to be determined by the President.

IV B 3. In addition, if time permits, the Board President may call for additional informal public comment at the conclusion of the meeting, time limit of comments to be determined by the President.

Inquiries about an agenda item or issue should be directed to the office of the Superintendent of Schools or the appropriate school office. In the event that any patron desires to address the Board on a confidential personnel or student matter, the person may be asked to appear before the Board in executive session.

V. CONDUCT OF MEETING

The Board of Trustees of the School City of Hobart values an open, objective, participatory consensus based approach to governance. The Board subscribes to the principle of majority rule in conducting its business. It also recognizes that the best and most effective decisions are made on the basis of a thorough objective analysis of all facts and opinions pertaining to the issue at hand.

Therefore, meetings of the Board shall be characterized by adherence to a well-publicized agenda and orderly decision making in public on the basis of factual merit, rather than emotion or political pressure. Ample opportunities for the Board to objectively receive information from the staff and public shall be provided.

The following rules and guidelines are adopted for this purpose and should be so construed.

V A. Agenda.
V A 1. Preparation
Except in the case of special meetings and statutory meetings where the purpose of the meeting is set forth, the Superintendent with the advice of the Board President, shall prepare an agenda for each meeting and deliver it, either by mail or by personal delivery, to the members of the Board at least 48 hours prior to any regular meeting.

V A 2. Format
The following format shall be followed:

V A 3. Content.
Additions to or deletions from a published meeting agenda may be made at the Board Meeting by the President in the absence of objection from the Board or otherwise by majority vote.

V A 4. Posting. When an agenda is used by the Board, it shall be posted at the meeting site prior to the meeting.

V B. Quorum. (I.C. 20-5-3-2) The majority of the Board shall constitute a quorum. No action may be taken by the Board unless a quorum is present at any meeting. For purposes of a quorum, a Board member present at the start of a meeting shall be deemed present until the meeting is adjourned. [The quorum requirement is established by statute in Indiana.]

V C. Responsibilities of Presiding Officer
The Presiding Officer shall have the following responsibilities:

V D. Board Voting
The Board shall vote in connection with Agenda items only. Except where a larger number is required by law with respect to any matter, a majority of the quorum present may adopt a resolution or take any action. Approval of contracts and modifications or adoption of Board policy shall require a majority vote of the entire Board. Indiana law does not favor the abstention from voting on a matter before the Board; accordingly, an abstention will be counted as voting with the majority of the quorum. If the vote is otherwise tied, the abstention will not be counted.

Votes shall be taken by voice vote, and roll call vote shall be taken on all votes upon Resolutions, or at the request of any Board member on any vote, before or after a voice vote has been taken.

V E. Actions Requiring Second Reading
All modifications or additions to Board policy shall require two readings.

V F. Rules of Order (changed 8/31/95)

V F 1. No motion shall be required for discussion of agenda items.

V F 2. The maker of a motion may withdraw it prior to a vote.

V F 3. When a motion to table passes, the tabled item shall be included on the agenda of the next regularly scheduled meeting in its complete form.

V F 4. Motions to rescind previous Board action are in order only if the previous action may legally be repealed or rescinded.

V F 5. A motion to reconsider may only be made by a Board member who voted with the majority on the original motion.

V F 6. Motions to adjourn may be made and acted on at any time following the Call to Order, but is only in order when there is no other motion on the floor.

V F 7. Adoption of Board policy shall be by majority vote of the entire Board after two readings which shall not be held at the same meeting.

V F 8. A motion to adopt a resolution of censure is in order under very limited conditions.

V F 8a) If a member engages in a pattern of misconduct characterized by blatant violation of the Code of Ethics adopted by the Board, the Board's policies, or the Board's Rules of Order, the Board may consider by motion, and adopt by an affirmative vote of 6 members of the Board, a resolution of censure.

V F 8b) The motion to adopt a resolution of censure should occur only as a last resort effort to correct misconduct of a Board member.

V F 8c) The motion must be made to adopt a resolution which sets forth specific instances of misconduct.

V F 8d) Censured Board members shall not hold Board office. If they occupy an office, they shall be removed for the duration of their term of office, or for such time as set forth in the resolution of censure.

V F 9. These rules may be amended in accordance with Board policy adoption procedures.

V F 10. To the extent not provided for in these rules, and to the extent they are not in conflict with the spirit and purpose of these rules, Robert's Rules of Order, Revised shall be referred to in determining questions of Board procedure.

V G. Chart of Parliamentary Motions (added 8/31/96)

The chart on the following page (editor's note - in the next section of this Web page) is intended to supplement paragraphs (C) and (F) earlier in this subsection by illustrating the order of precedence for the most common motions under Robert's Rules of Order, Revised, as modified by this policy.

V H. Board Policy Manual

Board policy, once adopted, shall be codified and included in a Board Policy Manual, which shall be maintained in the office of the Superintendent and made available for public inspection in the same manner as minutes of regular Board meetings. Prior to taking office, each person elected to the Board of Trustees shall be provided a copy of this manual.

Chart of Parliamentary Motions
Priveleged Motions Second? Debatable? Amendable? Vote Required
14. Fix time to which to adjourn Yes No Yes Majority
13. Adjourn (1) (5) Yes No No Majority
12. Recess (1) Yes No Yes Majority
11. Raise a question of privilege No No No None
10. Call for Orders of the Day No No No None
Subsidiary Motions Second? Debatable? Amendable? Vote Required
9. Lay on the Table (2) Yes No No Majority
8. Call for the question (3) Yes No No Two-thirds
7. Limit or extend Debate Yes No Yes Two-thirds
6. Postpone Definitely (2) Yes Yes Yes Majority
5. Refer to Committee Yes Yes Yes Majority
4. Amend the Amendment Yes Yes No Majority
3. Amend or Substitute motion Yes Yes Yes Majority
2. Postpone Indefinitely (2) Yes Yes No Majority
Main Motions Second? Debatable? Amendable? Vote Required
1. Original: Main Motion  Yes Yes Yes Majority
    Bring a Question Again:
      Reconsider (4)
Yes Yes No Majority
      Take from the Table (2)
Yes Yes No Majority
      Rescind
Yes Yes Yes Majority
Incidental Motions
(no order of precedence)
Second? Debatable? Amendable? Vote Required
a. Parliamentary inquiry No No No None
b. Point of information No No No None
c. Point of Order No No No None
d. Divide the Assembly (roll call) No No No None
e. Appeal Decision of the Chair Yes Yes No Majority
f. Modify or Withdraw a Motion No No No Majority
g. Divide a Motion Yes No Yes Majority
h. Create a Blank Yes No No Majority
i. Suspend the Rules Yes No No Two-thirds
j. Object to Consideration No No No Two-thirds

Notes on Parliamentary Motions Chart:


 

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Minor editorial changes were made to Board Policy in adapting it for presentation on the Web. These should not interfere with the accuracy of this presentation, but it should be understood that the text document is still the official source for Board Policy.