Columbus Public School Policies

The Board of Trustees of the Columbus School District #6 is the governmental entity established by the State of Montana to plan and direct all aspects of the District's operations to the end that students shall have ample opportunity to achieve their individual and collective learning needs.

The policies of the Board define the organization of the Board and the manner of conducting its official business. The Board's operating policies are those that the Board adopts from time to time to facilitate the performance of its responsibilities.

Legal Reference: § 20-3-323, MCADistrict policy and record of acts
§ 20-3-324, MCAPowers and Duties

The legal name of this District is Columbus School District #6, Stillwater County, State of Montana. The District is classified as a class II district and is operated according to the laws and regulations pertaining to a class II district.

In order to achieve its primary goal of providing each child with the necessary skills and attitudes to become effective citizens, the Board shall exercise the full authority granted to it by the laws of the state. Its legal powers, duties and responsibilities are derived from the Montana Constitution and state statutes and regulations. Sources such as the school laws of Montana, and the administrative rules of the Board of Public Education and the Office of Superintendent of Public Instruction delineate the legal powers, duties and responsibilities of the Board.

The District Constitutes the taxable basis for purposes of construction, operation, and maintenance of Columbus Elementary, Columbus Middle, and Columbus High School.

Legal References:                            § 20-6-101,                     MCADefinitions of elementary and high school districts
                                                       § 20-6-201,                     MCAElementary district classification
                                                       § 20-6-301,                     MCAHigh school district classification
                                                       § 20-3-324,                   MCAPowers and duties

The District is governed by a Board of Trustees consisting of five (5) members. The Board's powers and duties include the broad authority to adopt and enforce all necessary policies for the management and government of the public schools. Except as otherwise provided by law, trustees shall hold office for terms of three years, or until their successors are elected and qualified. Terms of trustees shall be staggered as provided by law.

All trustees shall participate on an equal basis with other members in all business transactions pertaining to the elementary, middle school, and high school maintained by the District. Official action by Board members must occur at a duly called and legally conducted meeting. "Meeting" is defined as the convening of a quorum of the constituent membership of the Board, whether in person or by means of electronic equipment, to hear, discuss, or act upon a matter over which the Board has supervision, control, jurisdiction, or advisory power.

School board members, as individuals, have no authority over school affairs, except as provided by law or as authorized by the Board.

Legal References:                        § 20-3-301,                     MCAElection and term of office
                                                   § 20-3-302,                   MCALegislative intent to elect less than majority of trustees
                                                   § 20-3-305,                   MCACandidates and Qualifications
                                                   § 20-3-307,                     MCAQualification and Oath
                                                   § 20-3-341,                   MCANumber of trustee positions in elementary school districts
                                                   § 20-3-351,                     MCANumber of trustee positions in a high school district
                                                   § 20-3-352,                     MCARequest and determination number of high school district                                                                                                 additional trustee positions
                                                   § 20-3-361,                   MCAJoint board of trustees organization and voting membership
                                                   § 20-3-376,                     MCAConduct of Election
                                                   § 20-7-344,                   MCANominating of Candidates

Elections conducted by the District are non-partisan elections governed by the general election laws of the State and include the election of Board members, various public policy propositions and advisory questions.

Board elections shall be held on the first (1st) Tuesday after the first (1st) Monday in May of each year. Any person who is a qualified voter of the District is legally qualified to become a trustee. Any 5 qualified electors may nominate as many trustee candidates as there are trustee positions subject to election at the ensuing election. The name of each person nominated for candidacy shall be submitted to the Clerk not less than forty (40) days before the regular school election day at which the person is to be a candidate. If there are different terms to be filled, the term for which each candidate is nominated shall also be indicated. Any person seeking to become a write-in candidate must file a declaration of intent on the 26th day before the election. The District may declare the election by acclamation no fewer than twenty-five (25) days before the election. If there are no contested seats and there is no other reason for the election, the trustees may give notice that an election will not be held. Notice of the cancellation must be given no later than fourteen (14) days before the election date. If the election is not held, the trustees shall declare the candidates elected by acclamation and issue a "certificate of election" to each candidate.

Except in the event of an unforeseen emergency occurring on the date scheduled for the election, a proposition requesting additional funding pursuant to § 20-9-353, MCA, may be submitted to the electors only once each calendar year - on the regular school election day.

Legal Reference:                            § 20-3-304,                 MCAAnnual election
                                                       § 20-3-305,                 MCACandidate qualification and nomination
                                                       § 20-3-324(4),         MCAPowers and duties
                                                       § 20-20-301,               MCAQualifications of elector
                                                       § 20-3-344,                 MCANomination of candidates by petition in first-class                                                                                                            elementary districts
                                                       § 20-3-313,                 MCAElection by acclamation - notice

Candidates for appointment or election to the Board shall be urged to attend public meetings of the Board. All public information about the school system shall be made available to them. Additionally, the Board directs the Superintendent to cooperate impartially with all candidates in providing them with information about school governance, Board operations and school programs.

Notices of candidate's meetings that are sponsored by impartial, non-partisan organizations may be announced in District publications and/or be sent home with students. The following procedures shall be followed:

1. If a candidate is scheduled to appear or speak as a part of a school-sponsored program, all candidates for that position shall be invited to attend or to send representatives;

3. The Superintendent shall invite all candidates to an information session. Each candidate will be given the same materials and information at these sessions.

The Board considers it important that a new member be knowledgeable about school governance and operations, and, insofar as possible, prepared to discuss and cast informed votes on matters as soon as possible.

Incumbent Board Members and staff shall help new Board Members become fully informed about the Board's functions, policies, procedures and problems.

Resignation of a trustee, for whatever reason, must be submitted in writing to the Clerk. A resignation is effective seventy-two (72) hours after its submission unless withdrawn during that period by the resigner through written notification of withdrawal made to the Clerk.

The Board shall accept the resignation at its next regularly scheduled meeting and proceed to fill the vacancy as provided by statute and Board policy.

Trustees retiring from the Board may be recognized for their service to the District by presentation of a service plaque or other appropriate activities.

Legal Reference: § 20-3-308, MCAVacancy of trustee position
§ 2-16-502, MCAResignations

Elective office of a Board member becomes vacant before the term's expiration when any of the following occurs:

    1. death of the incumbent;
    2. resignation in writing filed with the Clerk;
    3. the incumbent moves his/her residence from the District;
    4. the incumbent is no longer a registered elector of the District under the provisions of § 20-20-301, MCA;
    5. the incumbent is absent from the District for sixty (60) consecutive days;
    6. the incumbent fails to attend three (3) consecutive meetings of the trustees without a good excuse;
    7. the incumbent has been removed under the provisions of § 20-3-310, MCA; or
    8. the incumbent ceases to have the capacity to hold office under any other provision of the law.

A trustee position also shall be vacant when an elected candidate fails to qualify.

In the case of a trustee vacancy, the remaining trustees shall fill such vacancy by appointment. The Board will receive applications from any qualified persons seeking to fill the position after suitable public notice. The Board will appoint one (1) candidate to serve until the next regularly scheduled election. Should the Board fail to fill a vacancy within sixty (60) days from the creation of such vacancy, the county superintendent shall appoint, in writing, a competent person to fill such vacancy. An appointee shall meet the requirements provided by law and shall serve until the next regularly scheduled school election and his/her successor has qualified.

Legal Reference: § 20-3-308, MCAVacancy of trustee position
§ 20-3-309, MCAFilling vacated trustee position

A newly-elected trustee shall take office as soon as the election results have been certified. A newly appointed trustee shall take office as soon as possible but not later than the next regularly scheduled board meeting
Each new trustee shall take an oath to support the Constitution of the United States and the State of Montana and to promote the interests of education and to faithfully discharge the office duties of his/her office to the best of his/her ability. The district clerk is authorized to administer oaths and must certify to this oath and the signature of the member. Such oath shall be filed with the county superintendent within fifteen (15) days after the receipt of the certificate of election.

Legal Reference: § 20-3-307, MCA Qualification and Oath
§ 20-1-202, MCA Oath of Office

After the issuance of the election certificates to the newly elected trustees in May, and on or before the third (3rd) Saturday in May, the Board shall elect from among its members a Chairman and a Vice-Chairman to serve one (1)-year terms. If a Board Member is unable to continue to serve as an officer, a replacement shall be elected immediately. In the absence of both the Chair and the Vice-Chair, the Board shall appoint a Chairman pro tempore, who shall perform the functions of the Chair during the latter's absence. The Clerk shall act as Board secretary.

The normal order of business shall be modified for the annual organizational meeting by considering the following matters after the approval of the minutes of the previous meeting:

1. Welcome and introduction of newly-elected Board Members by the current Chair.

Policies and Bylaws shall continue from year to year until and unless the Board changes them.

Legal Reference: § 20-3-321, MCA Organization and officers
§ 20-3-322(a), MCA Meetings and quorum

Generally, the Trustees will function as a committee of the whole and will not form subcommittees of the Board. Nevertheless, the Board may create Board committees as deemed necessary.

Standing committees of the Board may be created and their purpose defined by a majority of the Board. The Board Chair shall appoint trustees to serve on such committees. Board committees shall be limited to less than one-half (1/2) of the Board.

The Board of Trustees may have standing committees for the purpose of advising and working cooperatively with the superintendent. The committees may make recommendations to the Board pertaining to the committee's area.

Policy
    1. Board Policies and Procedures
    2. Student Policy- Extracurricular and Academic
    3. Curriculum
    4. School Calendar

Personnel/Finance
    1. Negotiations
        a. Agreement
        b. Employee Policy
    2. Hiring
    3. Insurance
    4. Purchases Exceeding Superintendent's Authority
    5. Mill Levies
    6. Budgets

Building and Grounds/Maintenance
    1. Maintenance-Short and Long Term
    2. Facilities Planning
    3. Cleaning - Custodial
    4. Building/Remodeling

Transportation
    1. Buses and Bus Maintenance
    2. Bus Routes
        a. Safety
        b. State Requirements
        c. Extension/Reduction of Routes
        d. Federal Requirements
    3. Policy
    4. Transportation Expenses
    5. Drivers and Certification

Technology
    1. Long and Short Term Planning
    2. Major Equipment Purchasing & Bidding
    3. Personnel and Consultants
    4. Inservice Training & Staff Development

The Board officers are the Chairman and Vice-Chairman. These officers are elected at the annual organizational meeting.

The Board elects a Chairman from its members for a one year term. The duties of the Chairman are:

. Preside at all meetings and conduct meetings in the manner prescribed by the Board's policies;
. Make all Board committee appointments;
. Sign all papers and documents as required by law and as authorized by the action of the Board; and
. Close Board meetings as prescribed by Montana law.

The Chairman is permitted to participate in all Board meetings in a manner equal to all other Board members, including the right to participate in debate and to vote. The Chairman may make motions and may second motions made by others.

The Vice-Chairman shall preside at all Board meetings in the absence of the Chair, and shall perform all of the duties of the Chair in case of his or her absence or disability.

Legal Reference: § 20-3-321(2), MCA Organization and officers
§ 2-3-203, MCA Meetings of public agencies to be open to the public- exceptions.

The Clerk of the Board shall attend all meetings of the Board, unless excused by the Chair, and keep an accurate journal of its proceedings. The Clerk shall have custody of the records, books, and documents of the Board. In the absence or inability of the Clerk to attend a Board meeting, the Board will designate a person to serve as Clerk for the meeting.

The clerk will keep accurate and detailed accounts of all receipts and disbursements made by the District. The clerk shall draw and countersign all warrants for expenditures that have been approved by the Board of Trustees.

The Clerk will make the preparations legally required for the notice and conduct of all District elections.

The Clerk shall prepare and submit to the Board and Superintendent a financial report of receipts and disbursements of all school funds on an annual basis unless the Board requests such reports on a more frequent basis. The Clerk shall perform other duties as prescribed by state law or as directed by the Board or Superintendent.

Legal references:                              § 20-3-321,                     MCA Organization and officers
                                                       § 20-3-325,                   MCA Clerk of the district
                                                       § 20-4-201,                   MCA Employment of teachers and specialist by contract
                                                       § 20-9-133,                     MCA Adoption and expenditure limitations of final budget
                                                       § 20-9-165,                   MCA Emergency budget limitation, preparation, and adoption                                                                                                procedures
                                                       § 20-9-221,                     MCA Procedure for issuance of warrants
                                                       § 20-20-401,                 MCA Trustees' election duties

The authority of individual trustees is limited to participating in actions taken by the Board as a whole when legally in session. Trustees shall not assume responsibilities of administrators or other staff members. The Board or staff shall not be bound by an action taken or statement made by an individual trustee except when such statement or action is pursuant to specific instructions and official action taken by the Board.

Each trustee shall review the agenda and any study materials distributed prior to the meeting and be prepared to participate in the discussion and decision-making for each agenda item. Each trustee shall visit each school not less than once per year to examine its management, conditions and needs.

Each member is obligated to attend Board meetings regularly. Whenever possible, each trustee shall give advance notice to the Chair or Superintendent of the trustee's inability to attend a Board meeting. A majority of the Board may excuse a trustee's absence from a meeting if requested to do so. The Board shall declare a position vacant after three (3) consecutive unexcused absences from regular Board meetings or if the trustee has been absent from the District for sixty (60) consecutive days.

Legal References:                         § 20-3-301,                       MCA Election and term of office
                                                    § 20-3-308,                       MCA Vacancy of trustee position
                                                    § 20-3-324(21),                 MCA Powers and duties
                                                    § 20-3-332,                       MCA Personal liability of trustees.

When knowledge or technical skills are needed that cannot be provided by persons on the staff, the Superintendent shall prepare a description of services needed along with an estimation of the time and cost likely to be incurred. If such consultative assistance is approved, the Board shall authorize the consultant's services, paid or unpaid, within the budgetary limits specified by the Board.

Legal References: § 20-1-204, MCA County Attorney's Duties
§ 20-3-324(21), MCA Powers and duties

Proposed new policies and proposed changes in existing policies shall be presented in writing for reading and discussion at a regular or special Board meeting. Interested parties may submit views, present data or arguments, orally or in writing, in support of or in opposition to proposed policy. Any written statement by a person relative to a proposed policy or amendment should be directed to the District clerk prior to the second reading. The final vote for adoption shall take place not earlier than at the second reading of the particular policy, except as specified below.

All new or amended policies shall become effective upon adoption, unless a specific effective date is provided in the motion for adoption.

Policies as adopted or amended shall be made a part of the minutes of the meeting at which action was taken, and shall also be included in the District's policy manual. Policies of the District shall be reviewed annually by the Board.

The Board of Trustees recognizes and appreciates the stability created through policy adoption criteria, which includes a waiting period prior to such adoption. However, it also recognizes that there may be situations of such extreme nature that it is necessary to act immediately in the best interest of the district. Therefore, the following authority is reserved by the Trustees:

The policy adoption procedure immediately preceding may be waived and policy immediately adopted without two readings under, and only under, the following conditions:

" That under no circumstances shall this process be invoked except by the unanimous vote of the Trustees with all Trustees present and voting, and
" That every vote of the Trustees in this emergency process is unanimous with all Trustees present and voting.

The Superintendent shall develop and maintain a current policy manual which contains the policies of the District. Each administrator, as well as staff, students and other residents, shall have ready access to the manual. All policy manuals distributed to anyone shall remain the property of the District. They shall be subject to recall at any time.

Legal References: § 20-3-323, MCA District policy and record of acts
10.55.701, ARM Board of Trustees

The Superintendent shall develop such administrative procedures as are necessary to ensure consistent implementation of policies adopted by the Board.

When a written procedure is developed, the Superintendent shall submit it to the Board as an information item. Such procedures need not be approved by the Board, though they may be revised when it appears that they are not consistent with the Board's intentions as expressed in its policies. On controversial topics, the Superintendent may request prior Board approval.

Under circumstances which require a waiver of a policy, the policy may be suspended by a majority vote of the members present. In order to suspend a policy, all trustees must have received written notice of the meeting which included a proposal to suspend the policies with an explanation of the purpose of such proposed suspension. If such a proposal is not made in writing, in advance of the meeting, the policies may only be suspended by a unanimous vote of all trustees present.

For the conduct of the business of the District, the Board may grant authority to specific staff of sign certain documents on behalf of the District.

Warrants: The Chair and Clerk are authorized to sign all District warrants on behalf of the Board.

Claim Forms: Staff employed by the District in the following designated positions are authorized to certify voucher or invoice claims against or for the District, up to the amount listed:

Athletic Director                       $500
Maintenance Supervisor          $750
Food Services Supervisor             $1000
Principals                                      $2000
Superintendent                         $10,000

Checks: The school principal is designated as the custodian of each school building extra-curricular fund account. The Superintendent is designated as the custodian of all District petty cash accounts. Staff employed by the District in the designated positions, such as the Athletic Director, are authorized to sign on behalf of the Board checks drawn on any specific petty cash account.

Contracts for Goods and Services and Leases: The Superintendent is authorized to sign on behalf of the Board, contracts, leases, and/or contracts for goods and services for amounts under $10,000 without prior approval of the Board. The types of goods and services contracted for must be pre-approved by the Board.

Personnel Contracts: The Board Chair and Clerk are authorized to sign personnel contracts and agreements of employment on behalf of the Board.

Negotiated Agreements: Negotiated agreements shall be signed for the District by the Board Chair and the Clerk.

Unless otherwise specified, all meetings will be held in the Columbus High School library. Regular meetings shall be held at 7:00 p.m. on the second Tuesday of each month, or at other times and places determined by a majority vote. Except for an unforeseen emergency, meetings must be held in a school building or in a publicly owned building located within the District. If regular meetings are to be held at places other than the place stated above, or are adjourned to times other than the regular meeting time, notice of the meeting shall be made in the same manner as provided for special meetings. When a meeting date falls on a legal holiday, the meeting shall be held on the next business day.

In the event of an emergency involving possible personal injury or property damage, the Board may meet immediately and take official action without prior notification.

Between July 1st and August 4th of each year, the Clerk shall publish a notice stating the date, time and place the trustees will meet for the purpose of considering and adopting the final budget of the District, stating that the meeting of the trustees may be continued from day to day until the final adoption of the District's budget, and stating that any taxpayer in the District may appear at the meeting and be heard for or against any part of the budget. This notice shall be published in the Stillwater County News.

On the date and at the time and place stated in the published notice (on or before August 15th), the trustees shall meet to consider all budget information and any attachments required by law. The meeting may continue from day to day; however, the Board must adopt the final budget not later than the fourth (4th) Monday in August.

Special meetings may be called by the Chairperson or by any two (2) members of the trustees. A written notice of a special meeting, stating the purpose of the meeting, shall be delivered to each trustee and the superintendent not less than forty-eight (48) hours prior to the time of the meeting. Such written notice shall be posted conspicuously within the District in a manner that will receive public attention. Written notice shall also be sent not less than twenty-four (24) hours prior to the meeting to each newspaper and radio or television station that has filed a written request for such notices. Business transacted at a special meeting will be limited to that stated in the notice of the meeting.

Under Montana law, the Board may hold closed or executive sessions to consider matters of
individual privacy. Prior to closing the meeting, the presiding officer must determine that the demands of individual privacy exceed the merits of public disclosure. The Board may also close a meeting to discuss a strategy to be followed with respect to litigation when an open meeting would have a detrimental effect on the litigating position of the District. This exception does not apply if the litigation involves only public bodies or associations as parties. Prior to closing a meeting for this purpose, it is recommended that the District obtain legal advice on the appropriateness of this action. No formal action shall take place during executive session.

Legal Reference:                               § 2-3-103,                   MCA Public parties portion
                                                          § 2-3-104,                     MCA Requirements with compliance with notice provisions
                                                          § 2-3-105,                     MCA Supplemental notice by radio or television
                                                        § 2-3-201,                   MCA Legislative intent
                                                          § 2-3-203,                     MCA Meetings of public agencies to be open to public -                                                                                                         exceptions
                                                        § 20-9-131,                 MCA Final budget meeting
                                                        § 20-3-322,                 MCA Meeting and quorum
10.55.701, ARM Board of Trustees

All District records except those restricted by state and federal law shall be available to citizens for inspection at the clerk's office.

In accordance with § 20-9-213(1), MCA, the record of the accounting of school funds shall be open to public inspection at any meeting of the trustees. A fee may be charged for any copies requested. Copies will be available within a reasonable amount of time following the request.

A written copy of the Board's minutes shall be available to the general public within 5 working days following approval of the minutes of the Board. If requested, one free copy shall be provided to local press within 5 working days following approval by the Board.

c) Time spent researching a copy project will be charged at the employee's hourly rate of pay.

Legal Reference: § 20-9-213, MCA Duties of Trustees
§ 20-3-323, MCA District Policy and Record of Acts

The agenda for any Board meeting shall be prepared by the Superintendent. Items submitted by Board members to the Superintendent shall be placed on the agenda. Citizens may also suggest inclusions on the agenda. Such suggestions must be received by the Superintendent at least 4 business days or 6 calendar days before a regular Board meeting or 2 calendar days before a special Board meeting, unless of immediate importance. Individuals who wish to be placed on the Board meeting must also notify the Superintendent, in writing, of the request. The request must include the reason for the appearance. If the reason for the appearance is a complaint against any District employee, that complaint must be in writing, signed by the complainant, and presented to the Superintendent at least 6 calendar days prior to the Board meeting. School personnel are required to follow the complaint procedure established specifically for their use. Citizens wishing to make brief comments about school programs or procedures or items on the agenda need not request placement on the agenda, and may ask for recognition by the Chair at the appropriate time.

Items may be added to the agenda at the beginning of a regular meeting upon unanimous approval of those Board members present. Upon consent of the majority of the members present, the order of business at any meeting may be changed. Copies of the agenda for the current Board meeting, minutes of the previous Board meeting, and relevant supplementary information will be prepared and distributed to each Board member at least seventy-two (72) hours in advance of the Board meeting, and will be available to any interested citizen at the Superintendent's office twenty-four (24) hours prior to the Board meeting. An agenda for other types of Board meetings will be prepared if the circumstance necessitate an agenda.

To expedite business at a Board meeting, the Board approves the use of a consent agenda, which includes those items considered to be routine in nature. Any item which appears on the consent agenda may be removed by a member of the Board. It is strongly suggested that any Board member who wishes to remove an item from the consent agenda give advance notice in a timely manner to the Superintendent. The remaining items will be voted on by a single motion. The approved motion will be recorded in the minutes, including a listing of all items appearing on the consent agenda.

The clerk shall keep written minutes of all open Board meetings, which shall be signed by the Chair and the Clerk. The minutes shall include:

· The date, time and place of the meeting;
· The presiding officer;
· Board members recorded as absent or present;
· A summary of discussion on all matters proposed, deliberated, or decided, and a record of any votes taken;
· A detailed statement of all expenditures
· Purpose of recessing to executive session; and
· Time of adjournment.

When issues are discussed that may require a detailed record, the Board may direct the clerk to record the discussion verbatim. Any verbatim record may be destroyed after the minutes have been approved, pursuant to § 20-1-212, MCA.

Unofficial minutes shall be delivered to Board members in advance of the next regularly scheduled meeting of the Board. Minutes need not be read publicly, provided that members have had an opportunity to review them before adoption. A file of permanent minutes of Board meetings shall be maintained in the office of the clerk, to be made available for inspection upon the request. A written copy shall be made available within five (5) working days following approval by the Board.

No business shall be transacted at any meeting of the Board unless a quorum of the members is present. A majority of the full membership of the Board shall constitute a quorum, whether the individuals are present physically or present via a speaker telephone. A majority of the quorum may pass a resolution, except as provided in § 20-4-203(1), MCA and § 20-4-401(4), MCA.

General rules of parliamentary procedure are used for every Board meeting. Robert's Rules of Order may be used as a guide at any meeting. The order of business shall be reflected on the agenda. The use of proxy votes shall not be permitted. Voting rights are reserved to those trustees in attendance. Voting shall be by acclamation or show of hands.

Legal Reference:                                     § 2-3-212,                     MCA Minutes of Meetings
                                                              § 20-1-212,                   MCA Destruction of old records by an officer
                                                            § 20-3-323,                   MCA District Policy and Record of Acts
                                                              § 20-3-323,                 MCA Meetings and Quorum

The order of business shall generally follow the format below, except that at special meetings only those items necessary shall be included. Additionally, the superintendent may, in consultation with the chairperson, make additions, deletions, or revisions to the order of business as best meets the needs of the district.

Call to order
-Establishment of a quorum
-Pledge of Allegiance
Approve consent agenda items (minutes, bills, other routine items)
Recognize visitors who have asked to be on the agenda
Business matters
-Committee reports
Administrative reports
Executive session
Adjournment

Section 20-3-323(2), MCA, requires the minutes of each Board meeting to include the voting records of each trustee present. As a general rule of thumb, trustees should vote on all issues, unless casting a vote would be a violation of law. In accordance with Montana law, there are instances in which it would be unlawful or inappropriate for a trustee to cast a vote on a particular issue, including, but not necessarily limited to, the following:

2. When casting a vote would directly and substantially affect, to its economic benefit, a business or other undertaking in which the trustee either has a substantial financial interest or in which the trustee is engaged as counsel, consultant, representative, or agent;

3. When casting a vote would directly and substantially affect a business or other undertaking to its economic detriment, where a trustee has a substantial personal interest in a competing firm or undertaking;

4. When casting a vote would cause a trustee to have a pecuniary interest, either directly or indirectly, in a contract made by the trustee (while acting in the trustee's official capacity) or by the Board;

5. When casting a vote would put the trustee in the position of an agent or solicitor in the sale or supply of goods or services to the District.

In addition, a trustee shall be allowed to abstain from voting in order to avoid the appearance of impropriety or the appearance of a perceived conflict. If a trustee abstains from voting, the abstention should be recorded in the minutes and may include an explanation of the reasons for the abstention. The Board discourages abstentions, unless the reasons are substantiated as provided herein.

Legal Reference:                                        § 2-2-302,                     MCA Appointment of relative to office of trust or                                                                                                                    emolument unlawful - exceptions - publication of notice
                                                                 § 20-3-323,                 MCA District policy and record of acts
                                                                 § 2-2-121,                     MCA Rules of conduct for public officers and public                                                                                                                employees
                                                                 § 2-2-105,                     MCA Ethical requirements for public officers and public                                                                                                        employees
                                                                 § 20-9-204,                 MCA Conflicts of interests, letting contracts, and calling                                                                                                        for bids
                                                                 § 20-1-201,                 MCA School officers not to act as agents
Policy History:
Adopted on:
Revised on:

It is important for all participants to remember that Board meetings are held in public, but are not public meetings. Members of the public shall be recognized and allowed input during the meeting, at the discretion of the Chair.

The Trustees invite and encourage the public to attend regular and special meetings of the Board. Individuals and delegations will have the opportunity to voice their opinions, and each will be afforded equal consideration. Recognizing its responsibility for proper governance of the schools, and therefore the need to conduct its business in an orderly and efficient manner, the Board shall adhere to the following policy regarding individuals and delegations presenting information at Board meetings:

. Persons who have problems, concerns, or questions having to do with the District are to use every means possible to resolve these issues through the teacher concerned, the building administration, and the Superintendent. Only when these resources have been consulted, and the issue has still not been satisfactorily resolved, should the person request, through the Superintendent, to be included on the agenda of the next regularly scheduled Board meeting.

. The "public participation" portion of the Board meeting is for those persons who, because of time limitations, are unable to go through the proper administrative channels and wish immediate Board consideration. Those people who wish to address the Trustees during that time will find appropriate forms upon entering the meeting, must complete them, and give them to the Board Chair or Superintendent. When recognized by the Chair, the visitor will be allowed to relay his concern to the Board. The Board will then allow for discussion or questions concerning the issue. No person will be allowed input unless and until recognized by the Chair. No employee or citizen complaint shall be acted upon at a board meeting unless the employee or citizen has first pursued the matter through the appropriate grievance/complaint procedure.

. Comments and questions from the public at a regular meeting may deal with any topic related to the Board's conduct of the schools. Comments at a special meeting must be related to the specific purpose of that meeting.

. Speakers may offer such opinions of school operations and programs as concern them, but in public session the Board will not hear complaints concerning school personnel nor against any person connected with the school system. Such complaints shall be heard in closed, executive session, unless waived by the individual about whom the concerns are directed.

. Questions asked by the visitors shall, when possible, be answered by the Chair or referred to a member of the staff for immediate reply. Questions requiring investigation shall be referred to the Superintendent or an appropriate committee for later response. Questions requiring Board action shall be deferred for later consideration by the Board.

Legal Reference Article II, Section 8, Montana Constitution
Article II, Section 10, Right of Privacy
§ 2-3-101, et seq., MCA, Right of Participation

The board desires citizens of the district to attend its sessions so that they may become better acquainted with the operation and programs of the schools and that the board may have opportunity to hear the wishes and ideas of the public. However, the board reserves the right to meet for work sessions and to retire to executive session at any time during a meeting to discuss such matters as are properly considered under law in that forum.

In order to assure that persons who wish to appear before the board may be heard and, at the same time, conduct its meetings properly, efficiently and with decorum and civility, the board adopts as policy the following procedures and rules pertaining to public participation at board meetings:

Any presentation should be as brief as possible. Unless an extension of time is granted, a speaker shall be limited to five minutes. Speakers may offer such objective criticisms of school operations and programs as concern them. But in public sessions, the board will not hear personal complaints against school personnel nor against any person connected with the school system. Other channels provide for board consideration and disposition of legitimate complaints involving individuals (See policy 4005). Once a position, sentiment, or idea has been expressed by a speaker, other scheduled speakers echoing the same general information are requested to simply state their names for the record and indicate that they concur with what has been already said.

The board vests in its chairperson or other presiding officer authority to terminate the remarks of any individual when they do not adhere to the rules established above. Persons appearing before the board are reminded, as a point of information, that members of the board are without authority to act independently as individuals in official matters. Thus, questions may be directed to individual board members, but answers must be deferred pending consideration by the full board.

There are three ways for a member of the public to approach the Board of Trustees:

Persons who wish to have an item considered by the board for possible action shall make known to the superintendent, or to the district clerk in the absence of the superintendent, their desire to be on the board agenda and provide information regarding the item to be discussed. Such requests must be filed in the district central office at least four working days or six calendar days prior to the meeting. For example, the deadline for submission of agenda items for a regular Tuesday meeting would be at the close of business (4:00 PM) the preceding Wednesday. The district provides a form, available in the central office, which will facilitate the provision of necessary information. Persons making requests must provide the following information:

1. Name of person making the request for agenda time and the name of the person or group to be placed on the agenda.

2. The specific item to be addressed. In other words, what exactly is the nature of the business? For example: "Request to permit band to travel to state tournament" is specific; "Parent concern" is not. The Board believes it is entitled to know issues to come before it in advance. If such advance notice is not provided, it is highly likely that any issue will be tabled for study and decision at some later time. While this could happen in any case, it is the intent of the Board to address specific issues as they are presented, without undue delay.

3. Name of the person or persons who will address the board. Each group should have a spokesperson.

4. What specific action will the Board be requested to take, if any? For example, "We will request that the Board of Trustees approve band travel to the state tournament." If there is no specific action request, then it is unlikely that agenda time is necessary.

Should any person or group decline to cooperate in providing the necessary information, such person or group will not be provided with agenda time, except that the Board may, in case of emergency, and by unanimous vote, give visitors who have not presented a request in accordance with this procedure an opportunity to present problems to the Board for action as a part of regular meetings. This practice, however, is for emergencies only and is not encouraged.

The chairperson of the Board shall have the authority to limit the amount of time allotted for the discussion of a particular problem. This amount of time can be increased or decreased by majority vote of the Board.

Any person wishing to comment on an item on a meeting agenda may register that desire prior to the beginning of any meeting. There are two ways to accomplish this:

(1 ) By notifying the superintendent, or the district clerk in the absence of the superintendent, of your name, and the item to be addressed. In order to minimize the possibility of miscommunication, such requests need to be in writing. No person may register intent to comment for another person. Such requests need to be delivered to the school district central office before the close of business (4:00 PM), or three and one half (3.5) hours prior to the meeting time, whichever time is earlier;

(2) By signing a sheet which will be available at each meeting for each agenda item. If using this method, sign up must occur at least five (5) minutes prior to the published time for the meeting to begin, which is usually 7:00 PM. That means the sign up time deadline would ordinarily be 6:55 PM. This time frame will permit for the board to plan comment time, and to allocate necessary time for each agenda item.

Any person who does not utilize one of these methods to notify of intent to give input to the board may not be heard.

For any agenda item on which there is to be public testimony, that testimony will be heard first. Once public testimony on the issue is heard, the Board may deliberate and decide the issue, or may defer action, or may drop the issue, or may make referral for further study, or take other action as it deems fit. Regardless of the disposition of the item, the Board at this point asserts its prerogative as a duly elected deliberative body meeting in public to take action without any further public input.

A time period shall be allotted near the beginning of each meeting for public comment. Any presentation should be as brief as possible. Unless an extension of time is granted, a speaker shall be limited to five minutes. Speakers may offer such objective criticisms or praise of school operations and programs as concern them. However, in order to protect the individual privacy and employment rights of employees, the board will not hear complaints or criticism against school personnel nor against any person connected with the school system. Additionally, any matter brought to the Board's attention during this time will not be acted upon, but shall be taken under advisement for investigation or possible future deliberation by the Board at a later meeting.

The Board of Trustees believes that this policy permits reasonable opportunity for public participation in meetings. Congruent with its obligation to provide for such input is its responsibility to conduct meetings with decorum, order, and civility. To this end, the Board of Trustees makes clear its intent to conduct meetings within the guidelines herein specified, but to tolerate no behavior which is disruptive or disorderly. There are statutes which provide penalties for disorderly conduct. If such conduct occurs during a meeting, the Board chair is empowered by the Board to immediately recess the meeting and request that the conduct cease. Should such a request be ignored, it is the intent of the Board to ask the offending party to leave the meeting, and/or to seek redress through other legal means open to it.

AS A MEMBER OF MY LOCAL BOARD OF TRUSTEES, I WILL STRIVE TO IMPROVE PUBLIC EDUCATION, AND TO THAT END I WILL:

Attend all regularly scheduled Board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings;

Recognize that I should endeavor to make policy decisions only after full discussion at publicly held Board meetings;

Render all decisions based on the available facts and my independent judgment, and refuse to surrender that judgment to individuals or special interest groups;

Encourage the free expression of opinion by all Board members, and seek systematic communications between the Board and students, staff, and all elements of the community;

Work with other Board members to establish effective Board policies and to delegate authority for the administration to the Superintendent;

Recognize and respect the responsibilities that properly are delegated to the Superintendent;

Communicate to the Superintendent expression of public reaction to Board policies, school programs, or staff;

Inform myself about current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by the Montana and National School Boards Associations;

Support the employment of those persons best qualified to serve as school staff, and insist on regular and impartial evaluation of staff;

Avoid being placed in a position of conflict of interest, and refrain from using my Board position for personal or partisan gain;

Avoid compromising the Board or administration by inappropriate individual action or comments, and respect the confidentiality of information that is privileged under applicable law;

Remember always that my first and greatest concern must be the educational welfare of the students attending public schools.

    1. engage in a substantial financial transaction for the trustee's private business purpose with a person whom the trustee inspects or supervises in the course of official duties.
    2. perform an official act directly and substantially affecting to its economic benefit, a business or other undertaking in which the trustee either has a substantial financial interest or is engaged as counsel, consultant, representative or agent;
    3. act as an agent or solicitor in the sale or supply of goods or services to a district.
    4. have a pecuniary interest, directly or indirectly, in any contract made by the Board when the trustee has more than a ten percent (10%) interest in the corporation. A contract does not include: 1) merchandise sold to the highest bidder at public auctions; 2) investments or deposits in financial institutions which are in the business of loaning or receiving money when such investments or deposits are made on a rotating or ratable basis among financial institutions in the community or when there is only one financial institution in the community; or 3) contracts for professional services other than salaried services or for maintenance or repair services or supplies when the services or supplies are not reasonably available from other sources if the interest of any Board member and a determination of such lack of availability are entered in the minutes of the Board meeting at which the contract is considered.
    5. be employed in any capacity by the District.
    6. appoint to a position of trust or emolument any person related or connected by consanguinity within the fourth degree or by affinity within the second degree.

        a. This prohibition does not apply to the issuance of an employment contract of a person as a substitute teacher who is not employed as a substitute teacher for more than 30 consecutive school days.
        b. This prohibition does not apply to the renewal of an employment contract of a person who was initially hired before the Board member to whom he/she is related assumed the position.
        c. This prohibition does not apply if the trustees comply with the following requirements: 1) All trustees, except the trustee related to the person to be employed or appointed, vote to employ the related person; 2) The trustee related to the person to be employed abstains from voting; and 3) The trustees give fifteen days written notice of the time and place of their intended action in a newspaper of general circulation in the county where the school is located.

Affinity is the legal relationship arising as the result of marriage. Relationship by affinity terminates upon the death of one of the spouses or other dissolution or marriage except when the marriage has resulted in issue still living.

Below is a list of the various relationships by affinity that fall within the category prohibited. Any other relationship would be allowed. If the appointing power is a woman instead of a man, substitute the word "husband" where "wife" appears.

Relationship to Appointing Power
1st Degree 2nd Degree
Father-in-law Grandparents-in-law
Mother-in-law Brother-in-law (wife's brother)
Daughter-in-law Sister-in-law (wife's sister)
Son-in-law Brother-in-law (sister's husband)
Sister-in-law (brother's wife)
Husband or wife of grandchildren

Legal Reference                             § 2-2-125,                         MCA Rules of conduct for local government officers
                                                      § 2-2-201,                       MCA Public officers, employees of former employees not to                                                                                                 have interest in contracts
                                                      § 2-2-302,                         MCA Appointment of relative to office of trust - employment                                                                                                 unlawful
                                                    § 2-2-303,                         MCA Agreement to appoint relative to office unlawful
                                                    § 20-1-201,                     MCA School officers not to act as agent
                                                    § 20-9-204,                       MCA Conflicts of interest, letting contracts and calling for bids
Policy History:
Adopted on: 01/12/98
Revised on:

The Board retains the right to operate and manage their affairs in such areas as but not limited to:

    1. Direct employees,
    2. Employ, dismiss, promote, transfer, assign, and retain employees,
    3. Relieve employees from duties because of lack of work or funds under conditions where continuation of such work would be inefficient and non-productive,
    4. Maintain the efficiency of District operations,
    5. Determine the methods, means, job classifications, and personnel by which District operations are to be conducted,
    6. Take whatever actions may be necessary to carry out the missions of the District in situations of emergency,
    7. Establish the methods and processes by which work is performed;

The Board reserves all other rights, statutory and inherent as provided by state law

The Board also reserves the right to delegate authority to the Superintendent for the on-going direction of all District programs.

Cross Reference: 6110 Superintendent-Board Relations

Legal Reference: § 20-3-324, MCA Powers and duties
§ 39-31-303, MCA Management rights of public employers

In order to perform their responsibilities, Board members must be familiar with the operations within the schools. The superintendent shall establish procedures which can enhance the Board member's understanding of school operations.

Every reasonable means of communication is encouraged throughout the education community. Nevertheless, an organization must maintain some order and structure to promote efficient and effective communications.

All official communications or reports to the Board from principals, supervisors, teachers, or other staff members shall be submitted through the Superintendent. This shall not deny any staff member's right to appeal to the Board from administrative decisions, provided that the Superintendent shall have been notified of the forthcoming appeal and that it is processed according to the applicable procedures for complaints and grievances.

All official communications, policies and directives of staff interest and concern will be communicated to staff members through the Superintendent. The Superintendent will employ all such media as are appropriate to keep staff fully informed of the Board's concerns and actions.

In accordance with Montana statutes, each trustee shall visit each school of the District not less than once each school fiscal year to examine its condition and needs. Individual Board members interested in visiting schools should, out of courtesy, make arrangements for visitations through the principals of the various schools. Such visits shall be regarded as informal expressions of interest in school affairs and not as "inspections" or visits for supervisory or administrative purposes.

Staff and Board members share a keen interest in the schools and education. When they meet at social affairs and other functions, informal discussion on such matters as educational trends, issues, and innovations and general District problems can be anticipated. Discussions of personalities or staff grievances are not appropriate.

The Board-Superintendent relationship is based on mutual respect for their complementary roles. The relationship requires clear communication of expectations regarding the duties and responsibilities of both the Board and Superintendent.

The Board hires, evaluates, and seeks the recommendations of the Superintendent as the District chief executive officer. The Board adopts policies necessary to provide the general direction for the District and to encourage achievement of District goals. The Superintendent develops plans, programs, and procedures needed to implement the policies and directs the District's day-to-day operations.

Legal Reference: § 20-4-401, MCA Appointment and dismissal of district superintendent or county high school principal
§ 20-4-402, MCA Duties of district superintendent or county high school principal

The most effective way to operate and supervise a school district is through close cooperation among the School Board, the Superintendent and the administrative team. Each group plays a different role, and each role is essential to the success of the entire system. In order to allow each group to complement and insure the success of the others, agreement is necessary on both some philosophical ideas and some practical ways of working together to achieve the common goal quality education for each student.

The Board and administrators have an obligation to provide educational leadership. The public expects the best in educational expertise, communication, decision-making and planning. All policies and decisions of the Board/Administrative team must be gauged, then tested, against the fact that the primary concern is for students.

The following set of principles is intended to create an open, productive environment as a team approach to school management:

The Board holds as its philosophy that building administration is accountable for establishing a friendly, productive and positive climate within the building and contributing to a positive climate within the District.

The administration shall assume the responsibility for developing a process to handle District emergencies, while at the same time maintaining a progressive educational climate.

An effective team process is dependent upon the support and cooperation of each team member individually and as a group.

The Board has the responsibility to give full support to the administration when it has followed the District policies, philosophy, this code and sound educational practices.

The administrators' responsibility is to support all official actions taken by the Board.

Each administrator has the responsibility of demonstrating loyalty to the District. This obligation shall be evidenced by positive, supportive actions.

There should be a sense of loyalty among members toward the actions of the full Board.

The Board will follow appropriate due process procedures in the conduct of all of its official personnel business. Such procedures will be monitored by the administration and legal counsel.

It is the administrator's responsibility to be familiar with all the steps and legalities involved with due process procedures, as they apply to this District. Whenever matters are brought before the Board by the administration, it will be the administrative responsibility to provide concise, accurate information showing how all due process procedures were followed on any particular case.

Every decision that is to be made in the District should first and foremost consider the effects it will have on students. Students are of primary concern in all decision making activities. An orderly process will be followed which will provide opportunities for employees, parents and others to discuss their concerns as well as to address planned programs and policies under consideration by the Board. Channels will be kept open for individuals to respond to policies and practices that affect them. District philosophy will guide all action taken.

The Board will call upon the administration to provide the professional resources and recommendations on matters brought before it.

It will be the administrators' function to solicit, throughout the process of developing recommendations, the appropriate input by those whom are affected by any pending decisions.

All complaints, criticism and rumors from the public shall follow either an informal inquiry to the Superintendent or a formal defined process for resolution as provided in policy #4312.

Constructive criticism that emanates from the Board or a trustee shall be directed to the appropriate administrator only through the Superintendent. The Superintendent may process the concern using the review of services, an evaluation process, or a one to-one review of the situation. Any concerns, complaints, criticism or rumors that are to be acted on by the Board will be processed only through the Superintendent in accordance with acceptable procedure.

When a trustee or administrator knows that criticism, complaints or rumors are unfounded, he/she has an ethical responsibility to ignore it or to provide complete, honest information in order to refute the allegation.

The Board shall insure that all philosophy development includes District wide input.

In order to keep policies current, the Board will call for regular review of all policies.

It shall be the responsibility of each Board Member and each administrator to keep fully informed. All principals are encouraged to attend all Board meetings, including any meeting related to conditions of their employment.

To foster good communications, administrative decisions made at any administrative level shall be promptly disseminated to those whom are affected by any of these decisions.

Each member of the team is charged with the responsibility of working with the team to find the best ways to evolve a system in which cooperation, support and mutual respect can prevail.

The Board understands its responsibility to establish policy and recognizes the importance of delegating the administration to implement these policies. The Board determines what the policy will be and the administration is given the flexibility to determine how the policy is best implemented.

The Board recognizes the importance of and is pledged to promote practices which enhance good administrative morale. Examples of important morale boosters are providing for shared goal setting, clearly defining expectations, maintaining consistency in action, expecting equality of input on decisions in the decision making process.

The Board, through its Chair, shall have the responsibility of implementing the provisions of this code as it applies to the membership of the Board. The Board shall establish its own monitoring and remediation provisions for its own membership. It is expected that each Board Member will act in a professional and ethical manner, will follow this code of operating principles, as well as the Board's own code of ethics.

Each administrator will be personally responsible and will hold those supervised accountable for the provisions of District policy. This includes the administrative responsibility for the legal support and implementation of official District policies and philosophies.

A trustee shall not receive renumeration for service as a trustee. Trustees living more than three miles from the meeting place shall be entitled to mileage at the rate stipulated in § 2-18-503, MCA for each mile of travel from their homes to the meeting place for each meeting of the Board or for any meeting called by the County Superintendent. Reimbursement may be paid as the travel is assumed or may accumulate until the end of the fiscal year, at the discretion of the trustee.

Trustees normally attend workshops, training institutes, and conferences at both the state and national level. It is appropriate that trustee expenditures at these Out-of-District meetings be paid by the District.

It is the intent of the District to pay all legitimate costs for trustees to attend Out-of-District meetings. The purpose of this policy is to provide expenditure guidelines and define what is considered legitimate expenses of attendance at Out-of-District meetings. The District will pay the cost for:

1. Transportation to and from the meeting site in the amount of the cheapest available air fare if the meeting is more than 300 miles from Columbus, and at the per mile rate approved for the District for meetings 300 miles or less from Columbus.

2. On-site transportation: For necessary transportation by bus, taxi or rental car during the course of the meeting.

3. Hotel or motel cost for trustee room accommodations at the meeting or convention headquarters facility or other as necessary. If at a convention, the headquarters hotel cannot accommodate all of the participants and a trustee must stay at an alternative facility, the cost of the alternative facility will be paid.

4. Food costs as necessary: Since food costs vary significantly from one location to another, a specific dollar allowance for meals per day is not possible to establish. Trustees are requested to be modest in their meal expenditures.

5. Telephone services: Necessary telephone communications with business or family resulting from the trustee being away from Columbus.

6. Incidental expenditures for tips and other necessary costs attributable to the trustee's attendance at the meeting.

7. Registration and materials which are a part of the meeting agenda and/or requirements.

    1. Liquor
    2. Expenses of a spouse or other family members
    3. Separate entertainment
    4. Any other unnecessary expenditures

In any instance where a trustee would choose to accept a flat fee reimbursement for expenditures as opposed to the itemized approach outlined above, the amount of the flat fee will be the sum of the following:

    1. Quoted airline ticket or calculated mileage price
    2. Quoted single room lodging price at the convention headquarter hotel
    3. $35.00 per day for food
    4. A modest estimate of all other expenses

The trustee may either request a flat fee advance prior to attending the meeting or may use the itemized approach outlined above. In the latter case, the trustee may receive a partial advance prior to the meeting and then submit a Claim for Travel Expenses for the remainder of the costs upon return from the meeting.

Legal References:                               § 2-18-503,                                 MCA Mileage allowance
                                                            § 20-1-211,                                 MCA Expenses of officers attending conventions
                                                            § 20-3-311,                                 MCA Trustee travel reimbursement

The District shall maintain sufficient insurance to protect the Board and its individual members against liability arising from actions of the Board or its individual members while each is acting on behalf of the District and within the trustee's authority.

Legal Reference § 20-3-331, MCA Purchase of liability insurance
§ 20-3-332, MCA Personal immunity and liability of Trustees

The District shall defend and indemnify each of its current and former Trustees and employees whenever such Trustees or employees are civilly sued for their actions taken within the course and scope of their service to or employment by the Board, as a result of an alleged violation of Article VII, Section 17, of the Montana Constitution, except as otherwise provided herein.

In any noncriminal action brought against any current and former Trustee or employee of the District for a negligent act, error, or omission, or other actionable conduct of the Trustee or employee committed while acting within the course and scope of the Trustee's office or employee's employment, resulting in an increase in taxes in violation of Article VII, Section 17, of the Montana Constitution, the District shall, except as otherwise provided herein, defend the action on behalf of the Trustee or employee and indemnify the Trustee or employee. Indemnification shall be provided for any money judgments or legal expenses, including attorney fees either incurred by the Trustee or employee or awarded to the claimant, or both, to which the Trustee or employee may be subject as a result of a suit covered under this policy, unless the conduct of the Trustee or employee falls within the exclusions provided herein.

Upon receiving service of a summons and complaint in a noncriminal action against him or her alleging a violation of Article VII, Section 17, of the Montana Constitution, the Trustee or employee shall give written notice to the District, requesting that a defense to the action be provided by the District. Except as otherwise provided herein, the District shall offer a defense to the action on behalf of the Trustee or employee. The defense may consist of a defense provided directly by the District. The District shall notify the Trustee or employee, within 15 days after receipt of notice, whether a direct defense will be provided.

In a noncriminal action in which a Trustee or employee is a party defendant, the Trustee or employee shall not be defended or indemnified by the District for any money judgments or legal expenses, including attorney fees, to which the Trustee or employee may be subject as a result of the suit, if it is determined that:

    1. The conduct upon which the claim is based constitutes oppression, fraud, or malice or for any other reason does not arise out of the course and scope of the Trustee's office or the employee's employment;
    2. The conduct of the Trustee or employee constitutes a criminal offense as defined in Title 45, chapters 4 through 7;
    3. The Trustee or employee compromised or settled the claim without the consent of the District; or
    4. The employee failed or refused to cooperate reasonably in the defense of the case.

If no judicial determination has been made applying the exclusions provided herein, the District may independently determine whether those exclusions apply. However, if there is a dispute as to whether the exclusions herein apply and the District concludes it should clarify its obligation to the Trustee or employee arising under this section by commencing a declaratory judgment action or other legal action, the District shall provide a defense or assume the cost of the defense of the Trustee or employee until a final judgment is rendered in such action holding that the District had no obligation to defend the Trustee or employee. The District has no obligation to provide a defense to the Trustee or employee in a declaratory judgment action or other legal action brought against the Trustee or employee by the District under this policy.

Each year, the Board will formulate annual objectives for the District and have available a written comprehensive philosophy of education with goals which reflect the District's philosophy of education. The philosophy of education and goals shall be in writing and shall be available to the staff and to the public.

At the conclusion of the year, the Superintendent shall submit a report to the Board which shall reflect the degree to which the annual objectives have been accomplished.

At the conclusion of each year, the Board may evaluate its own performance in terms of generally accepted principles of successful Board operations.

The Board may choose to evaluate the effectiveness of the processes that it employs in carrying out the responsibilities of the District. Those processes include, but are not limited to: team building, decision making, functions planning, communications, motivation, influence and policy.

Policy History:
Adopted on: 01/12/98
Revised on:

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Columbus School District #6

Each trustee may annually review the code of ethics as a basis for evaluating his/her own conduct as an elected representative of the Board of Trustees.
Collectively, the Board shall evaluate its performance in terms of its four major functions:

The Board should demonstrate its responsibility for providing
education leadership by:

        a. assessing the nature of the programs desired by the community,
        b. formulating educational goals based on the needs and values of the community,
        c. encouraging curriculum development activities directed toward goals,
        d. approving materials, equipment and/or methods consistent with goals, and
        e. requiring and monitoring periodic evaluations of school programs.

        a. enacting policies that provide a definite course of action,
        b. soliciting input from staff, students and citizens before final adoption,
        c. monitoring the implementation of policies,
        d. reviewing policy and revising policy when change is necessary, and
        e. reviewing Board and administrative procedures for consistentency with policy.

        a. reviewing budget proposals,
        b. reviewing revenues and expenditures,
        c. reviewing proposed labor agreements,
        d. reviewing staffing recommendations and evaluations,
        e. reviewing building and ground maintenance and needs,
        f. reviewing transportation services,
        g. and initiating and reviewing internal and external audits.

        a. distributing newsletters, descriptive reports, etc.,
        b. holding planning and informational meetings in the community,
        c encouraging and providing for representative citizens to serve on special committees,
        d. soliciting opinion through the use of surveys and other means, and
        e. establishing and maintaining positive media contacts.

In keeping with the need for continued boardsmanship development, the Board encourages the participation of its members at appropriate Board conferences, workshops, conventions and District-sponsored in-service training sessions. Funds for participation at such meetings will be budgeted on an annual basis.

Members of the Board, collectively and individually, are encouraged to attend school activities, social functions and instructional programs at no cost to the trustees in order to view and observe such functions in operation. Attendance at such programs as musical presentations, speech activities, clubs, dramatic productions and athletic events indicates interest in school affairs and provides opportunity for more comprehensive understanding of the total school program. Administration will provide appropriate communications to trustees to keep them informed about activities they may wish to attend.

While the responsibility to implement and administer District policy has been vested with the Superintendent and employees to whom he/she may delegate, the final responsibility for the operational interpretation of the policies rests with the Board. This policy provides for the orderly appeal of an administrative application of a policy.

The provisions of this policy are general in nature and when specific provisions are made for an appeal, the appellant shall use such specific provisions as described in policy #4312.

If an appeal is received by the Board, it shall be referred to the Superintendent for investigation. Depending upon the subject of the appeal, the Superintendent in his/her discretion, may assign the investigation of the appeal to other District personnel or to an outside investigator. Such assigned personnel shall be responsible to the Superintendent. The investigation of the appeal may include a personal conference with the appellant.

If the need for a hearing of the appeal no longer exists at the conclusion of the Superintendent's investigation, the findings and results of the investigation shall be reported to the Board of Trustees. Steps shall be taken to protect the privacy of all persons discussed in the report as required by law.

If the Superintendent cannot resolve the appeal, he/she shall schedule a hearing by the Board at a regular or special Board meeting. All interested parties shall be notified of the scheduled appeal hearing.

Nothing in this policy countermands the contractual provisions for resolution of grievances with any employee groups or individuals in such employee groups.