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What the Law Says About the Role of Board Chair and Clerk
The following information has been excerpted from the
Vermont Education Statutes Annotated and identifies all the roles designated by
law for local, union and supervisory union school board chairs and clerks. Robert’s Rules of Parliamentary Procedure
authorizes the vice chair of a board to fulfill the duties of the board chair in
his/her absence.
BOARD CHAIR
Title 16:
§264. Majority
vote of school directors
(b) A supervisory union may establish an
executive committee consisting of the chair and no fewer than two
additional directors.
§554. School
board meetings; Open Meeting Law & Robert’s Rules
(b) A school board
meeting shall be conducted in accordance with the Vermont open meeting law.
Robert’s Rules of Order shall govern the conduct of school board meetings. (see
Robert’s Rules for Small Boards – less than 12 members present
·
meetings
can be less formal
·
motions
don’t need to be seconded
·
chair can speak, make motions and vote)
§561. Certification of election of school
board members, oath, chairman, clerk
At the meeting next
following the election of a school board member, the school board shall elect
one of their number chairman and one other of their number clerk.
§563. Powers of school boards
(8) Shall establish
and maintain an adequate system of financial disbursement … It shall be lawful
for a school board to submit to its treasurer a certified copy of those
portions of the board minutes, properly signed by the clerk and chairman,
or a majority of the board …
§706p Warnings of union district meetings
(a) Union district
meetings shall be warned by the clerk, or in the case of his disability, by the
directors, by posting a notice, signed by the chairman of the board …
BOARD CLERK
Title 16:
§243. Appointment; renewal; dismissal of a
principal
(d) Dismissal. The clerk
of the board shall advise the principal and the superintendent of the time and
place of hearing by written notice at least five days before the … hearing.
§312. Right to
attend meetings of public agencies
(2) Minutes of all
public meetings shall be matters of public record, shall be kept by the clerk
or secretary of the public body, and shall be available for inspection by any
person and … upon request after five days from the date of any meeting.
§472. Meetings;
warnings
(b) Meetings shall be warned by the clerk
or…, specifying the time, place and business of the meeting, in two public
places in the district, at least seven days before the time therein specified,
and warnings shall be recorded before being posted.
§474. Records
The clerk
shall keep a record of the votes and proceedings of the school district
meetings…A clerk who neglects to perform this duty shall forfeit $20.00
to the district, …
§561. Certification of election of school
board members, oath, chairman, clerk
At the meeting next
following the election of a school board member, the school board shall elect
one of their number chairman and one other of their number clerk.
§562. Powers of
electorate
(3) May elect a
school district clerk at the annual meeting who shall keep a true record
of all proceedings at each district meeting, certify its records......
§563. Powers of school boards
(8)... It shall be
lawful for a school board to submit to its treasurer a certified copy of those
portions of the board minutes, properly signed by the clerk and
chairman…
§706e. Election
of directors
.............Nominations
for the office of union school director representing any district shall be made
by filing with the clerk of that school district proposed as a member of
the union...
§706j. Union
School organization meeting - business to be transacted
(1) A temporary
presiding officer and clerk from among the qualified voters shall be
elected;
(3) A moderator, a
clerk, a treasurer, and three auditors shall be elected.....
(b) The officers and directors as elected shall
be sworn in before entering upon the duties of their offices, and a record made
by the clerk.
§706k. Election
of district officers
The clerk of the union district shall,
within ten days after the election or appointment of any officer or director
give notice of the results to the secretary of state.
§706l. Vacancies
on union school board
(b) When a vacancy occurs on the board of
directors, the clerk shall immediately notify the local school board
from that town.
§706p. Warnings
of union district meetings
(a) Union district meetings shall be warned by
the clerk,...
§706q. Powers,
duties and liabilities of union district officers; bonds
(a) The powers, duties and liabilities of the
(union)…clerk shall be like those of a…clerk of a town school
district.
(c)...The annual report
shall be filed with the clerk of the union district,
§706u. Check
list for union district meetings
The clerks of
the respective towns within the union school district shall furnish to the
clerk of the union district, … authenticated copies of the check list of
legal voters....
§706v. Record
of union school district proceedings
A clerk who
neglects to perform this duty shall forfeit $20.00 to the district....
§706w. Polling
places, transportation and counting of ballots
Bond issues shall be
supervised by the union district clerk or his/her designee.
§711e. Budget
votes by Australian ballot
(d) If the union
school district has voted to commingle its ballots the union school district
clerk shall supervise the boards of civil authority to count the commingled
ballots.
(e) If the union school district has voted not to
commingle its ballots, the municipal clerks ....shall transmit to the
union school district clerk the results of the vote.
Students on School Boards“How To” Guide
More
school boards each year are interested in involving students in board
deliberation. It is important for the board to understand the impact leadership
decisions have on the student-body. One
of the best ways to stay in touch with student needs is to include a student(s)
on the school board and allow them to participate in discussion
Follow
these steps to maximize the benefit of student participation on your board.
Steps:
i. Periodic
communication using intercom/written announcements
b. Encourage student reps to check with
fellow students and report what is going well, concerns, and other general
feedback to the board
Robert’s
Rules of Order Motions Chart
Based on Roberts Rules of Order
Newly Revised (10th Edition)
State law requires that “A school board meeting shall be conducted in accordance
with the Vermont Open Meeting Law and Robert’s Rules of Order.” Use
the Robert’s Rules chart below when the board is running a meeting or
conducting a formal public hearing. The
chart will help the board chair and members maintain an effective deliberation
and decision making process. Boards with
fewer than 12 members may choose to operate less formally using the Robert’s
Rules for Small Boards system outlined on the next page.
|
§ |
YOU WANT: |
YOU SAY: |
INTERRUPT |
2ND |
DEBATE |
AMEND |
VOTE |
|
21 |
Close meeting |
Move to adjourn |
No |
Yes |
No |
No |
Majority |
|
20 |
Take break |
Move to recess for… |
No |
Yes |
No |
No |
None |
|
19 |
Register complaint |
Point of order |
Yes |
No |
No |
No |
None |
|
18 |
Make follow agenda |
Call for the orders
of the day |
Yes |
No |
No |
No |
None |
|
17 |
Lay aside temporarily |
Move to lay the question on the table |
No |
Yes |
No |
No |
Majority |
|
16 |
Close debate |
Move the question |
No |
Yes |
No |
No |
2/3 |
|
15 |
Limit or extend debates |
Move that debate be
limited to… |
No |
Yes |
No |
Yes |
2/3 |
|
14 |
Postpone to a certain time |
Move to postpone
the motion to … |
No |
Yes |
Yes |
Yes |
Majority |
|
13 |
Refer to committee |
Move to refer the
motion to … |
No |
Yes |
Yes |
Yes |
Majority |
|
12 |
Modify wording of motion |
Move to amend the
motion by … |
No |
Yes |
Yes |
Yes |
Majority |
|
11 |
Kill main motion |
Move the motion be
postponed indefinitely |
No |
Yes |
Yes |
No |
Majority |
|
10 |
Bring business before assembly (a main motion) |
Move that (or “to”)… |
No |
Yes |
Yes |
Yes |
Majority |
Robert’s Rules: Procedures for Small Boards
In a board meeting
where there are not more than a dozen board members present, some of the
formality that is necessary in a large assembly could hinder board
business. The rules governing such
meetings are different from the rules that apply to other assemblies in the
following respects:
·
Members
are not required to obtain the floor before making motions or speaking, which
they can do while seated.
·
Motions
need not be seconded.
·
There
is no limit to the number of times a member can speak to a question, and
motions to close or limit debate generally need not be entertained.
·
Informal
discussion of a subject is permitted while no motion is pending.
·
When
a proposal is perfectly clear to all present, a vote can be taken without a
motion being introduced. Unless agreed
to by general consent, all proposed actions of a board must be approved by a
vote under the same rules as in other assemblies.
·
The
chair can speak in discussion without rising or leaving the chair; and, subject
to rule or custom within the particular board (which should be uniformly
followed regardless of how many members are present), the chair usually can
make motions and usually votes on all questions.
A Note of Caution
If your board elects
to operate more informally, it is important that board members agree on this
during the annual board reorganization or at a board goal setting work
session. The board chair will need to
clearly communicate to members that silence during a vote constitutes support for
the decision at hand. The board chair
should also direct the clerk to record the vote as unanimous in the meeting
minutes unless the board members are polled individually. Board member polling
can only be initiated by a board member/ not a member of the public or
superintendent.
Working with the Media
Frequently
it appears to boards that the media are preoccupied with the negative. In reality, the media also do much to promote
schools. Local newspapers often carry
feature articles about the good things happening in schools; they present valuable
information to the public. For example,
a local Vermont paper had a great picture and story of "I Love to Read and
Write" activities on the same page with an article based on budget
information for forthcoming town meeting.
Working
effectively with the news media requires an understanding that, even in
adversarial situations, boards and media depend on each other. The media need boards and schools as a source
of community news, and boards need the media as a means of communicating with
their communities.
Newspapers
are more likely to report school news than any other news medium; radio and
television coverage is less common.
Obviously, more extensive coverage of a school board is likely to occur
during a crisis.
When
there are hot and controversial issues that make the headlines, boards need to
know how to deal with the quick-paced spotlight and the stress that goes with
it. If this happens to you, look to your
resources to assist you in coping.
It is
important that school boards establish an understanding, during board
reorganization following the election, about how the board will “speak with one
voice” during contentious or highly political situations. This means that a single spokesperson, agreed
to by the board, delivers a predetermined media message. The spokesperson is often the board
chair. However, it might be the
superintendent or a board member with particular expertise or public speaking
skills. What’s important here is the board proactively prepares in advance for
possible “media moments.” Examples might
include a hazardous materials spill, teacher strike, or death of a student or
staff. It is also effective strategy,
during an emergency, to proactively deliver pertinent information to the
community by calling ongoing press conferences.
Use the “Media Communications Plan”
and “School Crisis Press Release,”
found on the next two pages, to focus the district’s media communications
message.