9000: Bylaws of the Board

9000: Bylaws of the Board unanimous Thu, 02/28/2019 - 14:34

9000: General Policy Statement

9000: General Policy Statement unanimous Tue, 07/30/2019 - 17:10

Bylaws are rules or procedures adopted by the Board to govern its internal operations.  The use of such bylaws helps the Board to comply with the responsibilities and duties delegated to it by law and by the local electorate, in an efficient and effective manner.  

All actions of the Board shall be taken only in official Board meetings called, scheduled, and conducted according to these bylaws and the statutes of the state.  

Board bylaws, policies and rules shall be subject to suspension for a specified purpose and limited time by vote of the Board at a meeting duly called for which the proposed suspension has been described in writing, or upon a two-thirds vote of all members of the Board when no such written notice has been given.

Date of Adoption
February 4, 1974
Date of Revision
June 16, 2003
August 19, 2019
Reaffirmed
March 19, 2012

9100: Filling Vacancies

9100: Filling Vacancies holly Mon, 07/22/2019 - 14:07

A.  School Board Vacancies:

A position on the Board shall be vacant, except as provided in Neb. Rev. Stat.§32-561 for military service, upon the happening of any one of the following events at any time before the expiration of the term of such office:

 

1)    Resignation of the incumbent;

 

2)    Death of the incumbent;

 

3)    Removal of the incumbent from office;

 

4)    Decision of a competent tribunal declaring the office of the incumbent vacant;

 

5)    Incumbent ceasing to be a resident of the District;

 

6)    Failure to elect at a proper election when there is no incumbent to continue in office until his or her successor is elected and qualified;

 

7)    Failure of a candidate elected to the Board to qualify for such office;

 

8)    Forfeiture of office as provided by law;

 

9)    Conviction of a felony or of any public offense involving the violation of the oath of office of the incumbent;

 

10)   Incumbent on the Board assuming another elective office as provided in subsections (2) and (3) of Neb. Rev. Stat. §32-604.; or

 

11)   When a Board member is absent from the District for a continuous period of sixty days at one time or from more than two consecutive regular meetings of the Board  unless excused by a majority of the remaining members of the Board.

 

B.      Filling a School Board Vacancy:

1)    A vacancy on the Board resulting from any cause other than the expiration of a term shall be temporarily filled by appointment of a qualified registered voter by the remaining members of the Board for the remainder of the unexpired term. A registered voter appointed or elected pursuant to this subsection shall meet the same requirements as the member whose office is vacant.

 

2)     If the Board fails to fill a vacancy on the Board, the vacancy may be filled by election at a special election or school district meeting called for that purpose. Such election or meeting shall be called in the same manner and subject to the same procedures as other special elections.

 

3)    If there are vacancies in the positions of a majority of the members of the Board, the Secretary of State shall be requested to conduct a special school district election to fill such vacancies.

Date of Adoption
March 18, 1991
Date of Revision
December 2, 1996
June 16, 2003
August 19, 2019
Reaffirmed
April 16, 2012

9100.1: School Board Vacancies - Procedure for Filling

9100.1: School Board Vacancies - Procedure for Filling holly Mon, 07/22/2019 - 14:10

When a vacancy exists on the Board it shall be filled as provided by law and by the following procedures.

1. At the first regular meeting of the Board after the vacancy exists, the Superintendent shall provide the legal qualifications for appointment to the Board, the length of the term remaining, and a proposed schedule for receiving applications for appointment to the vacancy.

2 The Board at that meeting shall establish the final date for filing of applications, which date shall be no sooner than 30 days after the publication of notice in a legal newspaper announcing the existence of the vacancy, qualifications for the position and inviting applications for appointment to fill the vacancy, and communication to the news media notifying the public of the existence of the vacancy and the final date for the filing of application to fill the vacancy.

3. The Board will establish the form applications shall take, including:

a) a resume containing routine personal data (name, address, telephone numbers, email, etc.) a summary of the candidates education and experience, and a statement indicating why they are qualified for appointment to the Board; and,

b) a petition signed by at least 50 (fifty) registered voters from the District, using a petition available from the Secretary of the Board.

4. Completed applications will be filed with Secretary of the Board no later than 4:30 pm on the date applications are due. The documents will be date stamped and reviewed for compliance with these procedures.

5. The Secretary of the Board will, in conjunction with the Douglas and Sarpy County Election Commissioners, review the petitions and determine if 50 or more registered voters of the District 17 have supported each applicant. The Board Secretary will notify each applicant whether their petition was valid or invalid.

6. The Secretary of the Board will forward copies of the resumes and petitions to each member of the Board as each eligibility determination is made. Unless more time is needed to verify the petitions, all resumes and petitions will be sent to Board members within seven days of the application deadline. Board members will review the resumes in the form they are received.

7. At the next regular meeting of the Board following the identification of all qualified candidates, if the number of candidates exceeds five, the list of candidates shall be reduced to five finalists. Each Board member shall vote for five candidates to be finalists for the position. The vote will be by roll call. Only persons submitting resumes and valid petitions may receive votes. The five candidates receiving the most total votes will be finalists for appointment. In the event of a tie for the fifth position, the Board will reconsider only those candidates tied for fifth in order to break the tie. Tie-breaking votes shall be by secret ballot.

8. The Superintendent shall notify, by telephone, all candidates as to whether they received sufficient support to become a finalist for the position.

9. At the next meeting of the Board Committee of the Whole following the selection of the finalists, the Board will interview the finalists. Approximately 30 minutes will be allowed for each candidate. The candidates will be asked to make a maximum five-minute statement concerning their qualifications, followed by a 25-minute question and answer period. The order of appearance of the candidates will be determined by a random drawing prior to publishing the meeting agenda.

10. The election of the new Board member will be placed on the agenda of the next regularly scheduled Board meeting following the interviews. The election will be by roll call from the names of the candidates interviewed without nominations from the floor. Voting will continue until one candidate receives a majority of votes. When the tally determines an applicant has been selected for appointment to the Board, the vote and the appointment shall be ratified by a roll call vote.

11. The Board’s legal counsel, with the assistance of the office of the Superintendent, shall oversee the conduct of the election and the tally of the votes. The ballots shall become a part of the records of the District.

School Board Office Vacancies - Procedure for Filling

Should a vacancy exist in one of the offices specified in District Policy 9111, the office will be filled at the next regular meeting of the Board using the procedure specified in Rule 9111.1.

Date of Adoption
January 27, 1997
Date of Revision
July 7, 1997
June 16, 2003
August 19, 2019
Reaffirmed
April 16, 2012

9111: Election of Officers

9111: Election of Officers holly Mon, 07/22/2019 - 14:12

Officers of the Board will be elected at the organizational meeting in January. Ballots will be distributed to Board members present at the meeting for the election of each officer. A secret ballot will be used for the election of each officer, but the total number of votes for each candidate shall be recorded in the minutes. An officer will be elected when one individual receives a majority of the votes cast for a position. No Board member is eligible to serve in more than one office at the same time. No Board member may serve more than two consecutive years in the same office.

Date of Adoption
September 2, 1980
Date of Revision
September 9, 1996
June 16, 2003 (renumbered on June 16, 2003 from 9121.1)
Reaffirmed
March 5, 2012
July 8, 2019

9111.1: Board Officers

9111.1: Board Officers holly Mon, 07/22/2019 - 14:16

The officers of the Board shall be President, Vice-President, Secretary and Treasurer.  The duties of the officers shall be:

President:

  1. Preside at all regular and special meetings of the Board.

  1. Call special meetings of the Board when conditions required for special meetings have been met.

  1. Be responsible for the orderly conduct of Board meetings.

  1. Consult with the Superintendent in planning agendas.

  1. Represent the District in all legal action.

  1. Appoint all special committees, subject to the approval of the Board.

  1. Sign any written contracts to which the District may be a party.

  1. Countersign all orders on the Treasurer for claims allowed by the Board.

  1. Countersign all orders on the County Treasurer for the transfer of funds.

  1. Participate in and vote on all actions of the Board.

Vice President:

  1. Assume duties of the President in his/her absence.

  1. Serve as the chairperson of the Board Committee of the Whole.

  1. Organize the procedure for the Board to consider and issue the Superintendent’s evaluation.

  1. Perform any other duties as designated by the President.

Secretary:

  1. Keep an accurate record of all meetings.

  1. Send out legal notices of meetings.

  1. Notify all persons elected as members of the Board.

  1. Handle official correspondence of the Board.

  1. Make required reports to county and state officials.

  1. Make the annual school census unless the Board provides otherwise.

  1. Draw and sign orders on the District Treasurer for the payment of authorized claims.

  1. Draw and sign orders on the County Treasurer transferring funds to the District Treasurer.

  1. Maintain classified accounts of receipts and disbursements of the general and building funds, and of such other funds as the Board may require.

  1. Compute withholding and social security taxes and retirement payments from salaries of teachers.

  1. Act as custodian of all District securities, documents, title papers, and other records of the Board.

  1. Make available to the Superintendent all records and other information requested.

  1. Publish the budget.

  1. Keep a record of all written disclosures made by Board members pursuant to District Policy 8250.  The disclosure shall be kept on a ledger for a period of five years from the date of the Secretary’s last day in office and kept separately from the Secretary’s other records.

  1. Maintain all records required by the Accountability and Disclosure statutes of the State of Nebraska.

Treasurer:

  1. Receive and be responsible for all District money.

  1. Place funds in depositories approved by the Board.

  1. Disburse funds on orders signed by the President and Secretary.

  1. Keep accurate records of all receipts and disbursement, showing the source of such receipts, to which funds the receipts belong, and the payees of all disbursements.

  1. Render such financial reports as the Board may require at any time.

Date of Adoption
June 16, 2003
Date of Revision
July 8, 2019
Reaffirmed
March 5, 2012

9112: Committees and Appointments

9112: Committees and Appointments holly Mon, 07/22/2019 - 14:20

The Board shall establish standing and special committees and may establish temporary committees.

Board members shall not serve on any District committees except those established by the Board.

Board members may be appointed to represent the Board and the District in state and local organizations.

Board members shall not serve as an officer in a school-parent organization.

In order to provide the District with the broadest views of its constituency, spouses of Board members may not serve on District planning, or advisory committees.

Date of Adoption
April 28, 1980
Date of Revision
September 23, 1996
June 16, 2003 (renumbered on June 16, 2003 from 9130)
July 8, 2019
Reaffirmed
March 5, 2012

9112.1: Committees and Appointments

9112.1: Committees and Appointments holly Mon, 07/22/2019 - 14:24

The Board President shall appoint Board members to serve on committees subject to approval by the Board:

Standing Committees:

1.The Committee on American Civics is required by law. It shall consist of three Board members appointed each January of each year.

2. All Board members may be members on the District Strategic Planning Committee.

3. All Board members will serve on the Board Committee of the Whole.


Special Committees:

Special Committees of one or more members may be established by the Board as the need arises to carry out specified tasks and on the completion thereof shall automatically cease to exist. Special Committees shall not be appointed to perform a task that falls within the assigned function of an existing standing committee.

The Board President may appoint Board members to represent the Board in state and local organizations as authorized by the Board subject to approval by a voting majority of the Board:

1. Each January, the Board President shall appoint a delegate and alternate to the Nebraska Association of School Boards (NASB) Legislative Relations Delegate Assembly.

2. Each January, the Board President shall appoint a delegate and alternate to the Nebraska Association of School Boards (NASB) Region 19.

3. Each January, the Board President shall appoint a delegate and alternate to the National School Board Association (NSBA) Federal Relations Network; provided, however, that the Board desires to send a representative.

4. Each January, the Board President shall appoint a delegate to the Nebraska Association of School Boards (NASB) Government Relations Network; provided, however, that the Board desires to send a representative.

5. Each January, the Board President shall appoint a delegate to the Greater Nebraska Schools Association (GNSA).

6. Each January, the Board President shall appoint a delegate to the Board of Directors of the Millard Public Schools Foundation.

7. Each January, the Board President shall appoint a delegate to serve on the Metro. Area Boards of Education.

8. Each January, the Board President shall appoint a delegate to serve on the District Policy 10,000 Steering Committee as described by Board Policy.

Date of Adoption
April 28, 1980
Date of Revision
September 23, 1996
November 4, 1996
June 16, 2003 (renumbered on June 16, 2003 from 9130.1)
July 8, 2019
Reaffirmed
March 5, 2012

9112.2: Temporary Committees

9112.2: Temporary Committees holly Mon, 07/22/2019 - 14:27

Temporary committees may be formed to conduct studies and to consider particular programs and other issues that may come before the Board. No more than three Board members shall be assigned to or serve on any committee.

When temporary committees are formed, the purpose and scope of the duties of the committee shall be stated in the minutes of the Board meeting when the committee is created.

The committee shall be established by a majority vote at any regular or special meeting and the members shall be appointed by the Board President.

The committee shall be advisory to the Board and its report to the Board shall be submitted in writing and made a part of the records of the Board.

Date of Adoption
February 4, 1974
Date of Revision
December 2, 2002
July 8, 2019 (Renumbered from 8140)
Reaffirmed
August 1, 2011
September 4, 2018

9210: Attorney

9210: Attorney holly Mon, 07/22/2019 - 14:30

The Board may, at its discretion, appoint an attorney to perform desired legal services. The attorney shall serve at the Board’s pleasure and be compensated at a mutually agreeable rate.

Date of Adoption
February 4, 1974
Date of Revision
June 16, 2003 (Renumbered on June 16, 2003 from 9250)
August 19, 2019
Reaffirmed
March 5, 2012

9220: Auditor

9220: Auditor holly Mon, 07/22/2019 - 14:32

DUTIES OF THE AUDITOR:

The duties of the independent auditor shall be as follows:

To examine the balance sheet of the District at the end of the fiscal year and the related statements of transactions in the various funds for the fiscal year then ended.

To conduct such examination in accordance with generally accepted auditing standards and to include such tests of the accounting records and such other auditing procedures as are necessary in the circumstances.

To render an opinion on the financial statements prepared at the close of the fiscal year.

To prepare such financial statements for publication as may be required by law.

To make such recommendations to the Board concerning its accounting records, procedures, and related activities as may appear necessary or desirable.

To perform such other related services as may be requested by the Board.

Date of Adoption
February 4, 1974
Date of Revision
June 16, 2003 (Renumbered on June 16, 2003 from 9260)
Reaffirmed
March 5, 2012
August 19, 2019

9300: Individual Members - Duties, Responsibilities

9300: Individual Members - Duties, Responsibilities holly Mon, 07/22/2019 - 14:36

The Board only has the legal authority to act as the governing body of the District when it is in session as provided by statutes and its internal bylaws, rules and procedures.

No member of the Board shall have the authority to bind or otherwise act for the Board or the District except when the action of an individual Board member or Board members is undertaken pursuant to a specific authority of the Board, which authority shall be wholly set forth in the minutes of the Board which granted the authority.

Date of Adoption
December 3, 1990
Date of Revision
December 2, 1996 (Renumbered on June 16, 2003 from 9270)
August 19, 2019
Reaffirmed
March 19, 2012

9310: Notification To Members

9310: Notification To Members holly Mon, 07/22/2019 - 14:38

Materials pertaining to the meeting shall be sent out from the administration office to the Board members the Wednesday preceding the meeting or on such other date as may be established by the Board or otherwise necessary because of time constraints.

Date of Adoption
February 4, 1974
Date of Revision
March 6, 1995
June 16, 2003 (Renumbered on June 16, 2003 from 9364)
August 19, 2019
Reaffirmed
March 19, 2012

9320: Construction of Agenda

9320: Construction of Agenda holly Mon, 07/22/2019 - 14:42

The Superintendent and the President of the Board shall construct the agenda. Members of the Board can request that an item be placed on the agenda by submitting the request to the Superintendent or Board President. Items to be considered for placement on the agenda must be presented in writing to the Superintendent or Board President seven (7) days prior to the meeting. Items may be placed on the agenda at the discretion of the Superintendent and Board President or in writing and signed by any two Board Members. An item of an emergency nature may be added at the meeting by a two-thirds vote.

Date of Adoption
June 6, 1977
Date of Revision
March 6, 1995
June 16, 2003 (Renumbered on June 16, 2003 from 9366)
August 19, 2019
Reaffirmed
March 19, 2012

9330: Approval of Administrative Regulations

9330: Approval of Administrative Regulations holly Mon, 07/22/2019 - 14:51

New administrative rules or revisions of existing rules may be approved or rejected under the following procedures:

1. The proposed new rules or revision of an existing rules shall be submitted to the Board in writing at a regularly scheduled meeting of the Board.

2. The proposed new rules or revisions of existing rules may be approved or rejected at the meeting.

3.  The approval or rejection of the proposed rules shall be by a majority vote of all members of the Board.

Date of Adoption
March 4, 1991
Date of Revision
August 19, 2019
Reaffirmed
March 5, 2012

9340: Quorum

9340: Quorum holly Mon, 07/22/2019 - 14:53

A majority of the members of the Board shall constitute a quorum. The affirmative vote of a majority of those members present at any meeting having a quorum shall be considered sufficient for action except for actions required otherwise by law or these policies and rules.

Date of Adoption
February 4, 1974
Date of Revision
June 16, 2003 (Renumbered on June 16, 2003 from 9367)
August 19, 2019
Reaffirmed
April 16, 2012
March 5, 2012

9350: Order of Business at Regular Business Meetings

9350: Order of Business at Regular Business Meetings holly Mon, 07/22/2019 - 14:55

The order of business for regular Board meetings will be as follows:

            A.      Call to Order - Opening of the meeting by the Board President

            B.      Pledge of Allegiance

            C.      Roll Call

            D.      Vote to Excuse Absent Members (if applicable)

            E.      Showcase/Employee of the Month, recognition of outstanding students, staff members, and community members / organizations.

            F.       Public Comments on agenda items - this is the proper time for public questions and comments on agenda items only.

            G.      Routine Matters

                     *1.      Approval of minutes of the preceding regular meeting of the Board of Education
                     *2.      Approval of Bills
                     *3.      Receive Treasurer's Report and place on file
                      4.      Summary of Previous Board Committee of the Whole Meeting

            H.      Information Items

                     1.       Superintendent's Report
                     2.       Board Comments/Announcements
                     3.       Report from Student Representatives

            I.       Unfinished Business

            J.       New Business

            K.      Reports

            L.       Future Agenda Items/Board Calendar

            M.      Public Comments - This is the proper time for public questions and comments on any topic.

            N.      Adjournment

*All items indicated by an asterisk (*) will comprise the Consent Agenda and may be acted on in a single motion. Items may be deleted from the Consent Agenda by request of any Board member.

Date of Adoption
February 4, 1974
Date of Revision
August 2, 1993
December 2, 1996
June 16, 2003 (Renumbered on June 16, 2003 from 9368)
December 5, 2016
August 19, 2019
Reaffirmed
April 16, 2012

9360: Parliamentary Procedure

9360: Parliamentary Procedure holly Mon, 07/22/2019 - 14:57

Unless otherwise provided in the Board’s policies or rules, the Board shall conduct all of its meetings in accord with Robert’s Rules of Order, Revised.

Date of Adoption
February 4, 1974
Date of Revision
June 16, 2003 (renumbered on June 16, 2003 from 9369)
August 19, 2019
Reaffirmed
March 19, 2012

9370: Minutes

9370: Minutes holly Mon, 07/22/2019 - 14:59

The minutes of the meetings of the Board shall include:

a. The classification (regular, adjourned, closed, emergency, or special), date, and place of meeting.

b. The call to order stating time, person presiding, and office.

c. The record of the roll call of Board members.

d. A notation of the presence or absence of the Superintendent. A notation of other staff members and others present if the persons will participate in the meeting.

e. A record of any corrections to the minutes of the previous meetings and the action approving them.

f. A record of all communications presented to the Board.

g. A record of the hearing of all petitions of citizens.

h. A record of any reports of Board members or staff members.

i. A record of each motion placed before the Board including the member making the motion and the member seconding, if any. The ayes and nays shall be recorded by name for each Board member present.

j. Special marking to indicate policy matters.

k. The manner in which the advance publicized notice of the time and place of each meeting was given.

l. The substance of all matters discussed.

m. A record of how each Board member voted on any action taken on any question or motion duly moved and seconded. The minutes shall also record if the Board member was absent or not 

n. The total number of votes for each candidate for each Board officership.
 

If the Board votes to hold a closed session, the minutes shall record the vote of each Board member on the question of holding a closed session, the entire motion for the closed session, and the time when the closed session commenced and concluded. If a Board member challenges the continuation of a closed session on the grounds that the session has exceeded the reason stated in the original motion to hold a closed session or if the member contends that the closed session is neither clearly necessary for (a) the protection of the public interest or (b) the prevention of needless injury to the reputation of an individual, the challenge and its disposition by the Board shall be recorded in the minutes.

When it is necessary to hold an emergency meeting without reasonable advance public notice, the nature of the emergency shall be stated in the minutes. Complete minutes of such emergency meetings specifying the nature of the emergency and any formal action taken at the meeting shall be made available to the public by no later than the end of the next regular business day.

The minutes shall be permanently filed and indexed for reference purposes. The minutes of all meetings and the evidence and documentation received or disclosed in open session shall be public records and open to public inspection during normal business hours. Minutes shall be written and available for inspection within ten working days or prior to the next convened meeting, whichever occurs earlier.

All reports requiring Board action, resolutions, agreements, and other written documents shall be made a part of the minutes by reference, and shall be placed in the District as a permanent record subject to state law.

Date of Adoption
March 18, 1991
Date of Revision
June 16, 2003
Reaffirmed
April 16, 2012