Governance Principals Policy B

Policy B - School Board Governance and Operation

SECTION B: School Board Governance and Operation

Section B contains policies about the school board; how it is elected; how it is organized and how it conducts business.

BBA
Board Powers
BBD
Governance Process/Investment in Governance
BBDA
Governance Policies
BCB
Conflict of Interest
BDA
Organizational Meeting
BDB
Board of Education Directors, Number and Term of Office
BDF
Committee Appointment
BE
Regular Board Meetings and Special Meetings
BEC
Executive Session
BEDB
Board Meeting Order of Business and Agendas
BEDC
Changing the Agenda
BEDD
Meeting Quorum and Voting
BEDG
Board of Education Minutes
BEDH
Public to be Heard
BEDK
Board Reports Submission
BFC
Executive Session
BG
Policy Development

Policy Code: BBA (I. - 3.)
Policy Name: Board Governance
Adoption: November, 1995
Revised:
Reviewed: March 2008

Manitou Springs School District shall be governed by a Board of Education as prescribed by law.

Rules of Order

The Manitou Springs School District 14 Board of Education shall follow the Robert's
Rules of Order contained in the current edition of Parliamentary Authority.

Legal Reference:
Constitution of Colorado, Article IX, Sections 1, 2, 15
C.R.S. 22-32-101; 22-32-102

Policy Code: BBB (I. - 6.)
Policy Name: Board Powers
Adoption: November, 1995
Revised:
Reviewed: March 2008

The Manitou Springs School District 14 Board of Education shall have the specific powers outlined in current Colorado Revised Statutes for School District Boards of Education.

Legal Reference:
C.R.S. 22-9-101 et seq
C.R.S. 22-32-109
C.R.S. 22-32-110

Policy Code: BBD
Policy Name: Governance Process/Investment in Governance
Date Adopted: 10/24/11
Date Reviewed

Because poor governance costs more than learning to govern well, the Board will consciously invest in its capability to govern competently and wisely.

1. Board skills, methods, and supports will be sufficient to ensure governance with excellence.
a. Training and retraining will be used liberally to orient new members and candidates for membership, as well as to maintain and improve existing member skills and understandings.
b. External monitoring assistance will be arranged so that the Board can confidently assess organizational performance. This includes, but is not limited to, financial audits, customer satisfaction assessments, and asset condition reviews.
c. Outreach mechanisms will be used as needed to ensure the Board's ability to listen to citizen viewpoints and values.
d. Non-district sources will be used as needed to inform the Board about national and global trends and issues that may affect Board ends policies.
2. Expenses will be prudently managed with a view towards developing and maintaining superior capability.

3. Each April, the Board will publicly review its expenditures and establish its projected costs of governance for the next fiscal year.

Policy Code: BBDA
Policy Name: Governance Policies
Adoption: February 2012
Updated: September 2013

Manitou Springs School District's Board of Education has adopted a policy governance structure. It is built on a set of policies that cover the four areas where the Board can most effectively carry out its responsibilities as trustees of the community. Policies start from the most general statement and become more specific as needed.

Governance Process

GP 1.0. Board's Purpose

On behalf of the community of Manitou Springs School District 14, the purpose of the Board of Education is to assure that the District (a) achieves appropriate results for students at an appropriate cost, and (b) avoids unacceptable actions and situations.

GP 1.1. The Board's Governing Style

The Board will govern lawfully with an emphasis on (a) outward vision rather than an internal preoccupation, (b) diversity in viewpoints and sufficient understanding of issues, (c) strategic leadership more than administrative detail, (d) clear distinction of Board and chief executive roles, (e) collective rather than individual decisions, (f) future rather than past or present, and (g) pro-activity rather than reactivity.

GP 1.2 The Job of the Board

Specific job outputs of the Board, as an informed agent of the community, are those that ensure appropriate organizational performance. Accordingly, the Board has direct responsibility to create:

  • GP 1.2.1. The link between the ownership and the operational organization.
  • GP 1.2.2 Written governing policies that address the broadest levels of all organizational decisions and situations.
    • GP 1.2.2.1. Ends: Organizational products, impacts, benefits, outcomes, recipients, and their relative worth (what good for which recipients at what cost).
    • GP 1.2.2.2. Executive Limitations: Constraints on executive authority, which establish the prudence and ethics boundaries within which all executive activity and decisions must take place.
    • GP 1.2.2.3. Governance Process: Specification of how the Board conceives, carries out, and monitors its own task.
    • GP 1.2.2.4. Board-Superintendent Linkage: How power is delegated and its proper use monitored; the Superintendent's role, authority, and accountability.
    • GP 1.2.3. Assurance of successful organizational performance through monitoring Ends, Executive Limitations, Governance Process, and Board-Superintendent Linkage.

GP 1.3 Board President Responsibilities

The Chair of the Board shall be titled "President." The President of the Board ensures the integrity of the Board's process and normally serves as the Board's official spokesperson.

  • GP 1.3.1. Monitor Board behavior to ensure that it is consistent with its own rules and policies and those legitimately imposed on it from outside the organization
  • GP 1.3.2. Make all interpretive decisions that fall within the Board policies on Governance Process and Board/Director Relationship, except where the Board specifically delegates portions of this authority to others, using any reasonable interpretation of the provisions in those policies
  • GP 1.3.3. Represent the Board to outside parties in announcing Board-stated positions and in stating decisions and interpretations within the areas delegated to the President, delegating this authority to other Board members when appropriate, but remaining accountable for its use
  • GP 1.3.4. Sign all contracts authorized by the Board
  • GP 1.3.5. Sign all official Board reports
  • GP 1.3.6. Maintain all monitoring data and reports for Executive Limitations and Ends policies and compile data for evaluation of the Director
  • GP 1.3.7. Seek input from the Board and prepare, with the Director, the agenda for the Board Meeting

GP 1.4. Other Board Officers

In addition to the President, the Board shall have a Vice-President, a Secretary and a Treasurer. The Secretary and Treasurer may be staff members appointed by the Board. Staff members serving as Board officers are exempt from term limits.

GP 1.5. Board Performance

The Board will (1) annually complete a re-exploration of Ends policies and (2) pursue continuous improvement in Board performance through Board education, enriched input and deliberation.

GP 1.6 Board Committee Principles

  • GP 1.6.1. Board committees, when used, will be assigned to reinforce the wholeness of the Board's job and never interfere with delegation from Board to Superintendent.
  • GP 1.6.2. Unless otherwise stated or required by law, a committee ceases to exist as soon as its task is complete.

GP 1.7. Board Members' Code Of Conduct

The Board commits itself and its members to ethical, businesslike, and lawful conduct, including proper use of authority and appropriate decorum when acting as Board members.

GP 1.8. Cost of Governance

The Board will invest in its governance capacity. Including: training and retraining, outside monitoring assistance (such as a fiscal audit), and outreach mechanisms. Costs will be prudently incurred, though not at the expense of endangering the development and maintenance of the Board's capacity.

Board-Superintendent Linkage

BSL 1.0. Board-Superintendent Linkage

The Board's sole, official connection to the operational organization of the District, its achievement and conduct is through the District's chief executive officer (CEO), titled "Superintendent."


BSL 1.1. Providing Direction and Delegation to the Superintendent

The Board will instruct the Superintendent through written policies that prescribe the organizational Ends to be achieved and describe organizational situations and actions to be avoided, allowing the Superintendent to use any reasonable interpretation of these policies.

  • BSL 1.1.1. The Board will annually review the Superintendent's interpretation of the Ends Statements to determine if he/she has reasonably interpreted these policies.

BSL 1.2 Unity of Control

Only officially passed motions of the Board are binding on the Superintendent.

  • BSL 1.2.1. Decisions or instructions of individual Board members are not binding on the Superintendent except in rare instances when the Board has specifically authorized such exercise of authority.
  • BSL 1.2.2. While individual Board members may request information or assistance without authorization from the Board as a whole, the Superintendent may refuse such requests that require, in his/her opinion, an inappropriate amount of staff time or funds or are disruptive.

BSL 1.3 Accountability of the Superintendent

The Board will hold the Superintendent accountable for all organizational operations of the District. All authority and accountability of staff, as far as the Board is concerned, is considered to be the authority and accountability of the Superintendent.

  • BSL 1.3.1. The Board will never give instructions to persons who report directly or indirectly to the Superintendent.
  • BSL 1.3.2.The Board will not evaluate, either formally or informally, any staff other than the Superintendent.
  • BSL 1.3.3. The Board will view Superintendent performance as identical to organizational performance, so that accomplishment of Ends and compliance with Executive Limitations will be viewed as successful Superintendent performance.

BSL 1.4 Monitoring Superintendent Performance

Systematic and rigorous monitoring of Superintendent job performance will be solely against the only expected Superintendent job outputs: accomplishment of Board policies on Ends and organizational operation within the boundaries established in Board policies on Executive Limitations.

  • BSL 1.4.1. Monitoring is simply to determine the degree to which Board policies are being met. Data that do not do this will not be considered to be monitoring data.
  • BSL 1.4.2 The Board will acquire monitoring data by various methods:
  • BSL 1.4.2.1. by internal report, in which the Superintendent discloses compliance information to the Board;
  • BSL 1.4.2.2. by external report, in which an external, disinterested third party selected by the Board assesses compliance with Board policies.

End Statements

As a result of the educational program of the district:

  • ES 1 Students have acquired the skills and knowledge required to continue learning and experience success in the next stage of life.
  • ES 2. Students have acquired the skills and knowledge required to be productive citizens and contribute to their communities.
  • ES 3. Students have acquired the skills required to develop and sustain positive, healthy relationships.

Executive Limitations

EL 1.0. General Executive Constraint

The Superintendent shall not cause or allow any practice, activity, decision, or organizational circumstance that is unlawful, imprudent, or in violation of commonly accepted business and professional ethics.

EL 1.1. Treatment of Students, Parents, Public, and Community

The Superintendent shall neither cause nor allow circumstances for students, prospective students, their parents/guardians, and community members that are unsafe, untimely, undignified, or unnecessarily intrusive or restrictive.

EL 1.2.Treatment of Faculty and Staff

With respect to hiring and treatment of paid and volunteer staff, the Director shall not cause or knowingly allow conditions, procedures, actions or decisions which are unlawful, unethical, unsafe, disrespectful, disruptive or undignified.

EL 1.3. Fiscal Management and Controls

The Director shall neither cause nor allow jeopardy to fiscal integrity or to public image through financial planning, employment, and/or compensation / benefits to employees, independent contractors or volunteers.

EL 1.4.Protection of Assets

The Superintendent will not cause or allow District assets to be unprotected, inadequately maintained or unnecessarily risked.

EL 1.5.Communication with and Support of the Board
The superintendent shall not fail to inform and support the Board in its work.

Policy Code: BCB (II. - 20.)
Policy Name: Conflict of Interest
Adoption: October, 1997
Revised:
Reviewed: March 2008

A Board member who has a personal or private interest in a matter proposed or pending before the Board shall disclose such interest to the Board, shall not vote on it and shall not attempt to influence the decisions of other Board members in voting on the matter.

However, if a Board member has complied with statutory disclosure requirements by notifying the Secretary of State of an interest in the matter, the Board member may vote if participation is necessary to obtain a quorum or otherwise enable the Board to act. A member voting under these circumstances, shall state for the record the fact and summarize the nature of the potential conflict of interest.

The written disclosure to the Secretary of State shall list as applicable the amount of the member's financial interest, the purpose and duration of any services rendered, compensation received for services or such other information necessary to describe the interest.

The Board shall not enter into any contract with any of its members or with a firm or corporation in which a member has a financial interest unless one or more of the following apply:

1. The contract is awarded to the lowest responsible bidder based on competitive bidding procedures.

2. The merchandise is sold to the highest bidder at a public auction.

3. The transaction involves investing or depositing money in a financial institution which is in the business of loaning money or receiving money.

4. If, because of geographic restrictions, the district could not other wise reasonably afford the contract because the additional cost to the district would be greater than 10 percent of the contract with the interested member on if the contract is for services that must be performed within a limited time period and no other contractor can perform the services.

5. If the contract is one in which the Board member has disclosed a personal interest and is one on which he/she has not voted or has voted as allowed in state law following disclosure to the Secretary of State and to the Board.

Except as described above, a Board member shall not be a purchaser at any sale or a vendor for any purchase made by the district.

A member of the Board may request an advisory opinion from the Secretary of State concerning issues relating to his/her conduct and potential conflict of interest.

Legal Reference:
22-32-109 (y) (1)

Policy Code: BDA (II. - 7.)
Policy Name: Organizational Meeting
Adoption: October, 1997
Revised:
Reviewed: March 2008

For the purpose of organizing, the Board President shall call a special meeting of the Board within 15 days of the receipt of official notice from the county clerk that election returns have been canvassed and are official.

At the organizational meeting the current Board shall announce the election returns and administer the oath of office to newly elected members. The new Board shall then be seated, elect officers, and make appointments.

Legal Reference:
C.R.S. 22-32-104

Policy Code: BDB (II. - 1.) (II. - 2.) (II. - 3.) (II. - 4.)
Policy Name: Board of Education Directors, Number and Term of Office
Adoption: October, 1997
Revised:
Reviewed: March 2008

School District 14 shall be administered by a Board of Education consisting of five members with each member serving a four year term of office as provided by law.

Officers of the Board shall be as follows:

a. President

b. Vice President

c. Secretary

d. Treasurer

e. Assistant Secretary/Treasurer

All officers shall be members of the Board.

Legal Reference:
C.R.S. 22-31-105
C.R.S. 22-32-103
22-32-104 (3)
22-32-104 (4)
22-32-105
22-32-106
22-32-107

The duties of the Board shall be those prescribed in the current Colorado Revised Statues.

Policy Code: BDF (II. - 6.)
Policy Name: Committee Appointment
Adoption: October, 1997
Revised:
Reviewed: March 2008

The Board shall appoint temporary or standing committees as needed. These committees shall serve at the discretion of the Board.

Policy Code: BE (II. - 8.) (II. - 9.)
Policy Name: Regular Board Meetings and Special Meetings
Adoption: October, 1997
Revised: Revised September 2013

The Board of Education shall hold a regular monthly meeting at 6:00 p.m.
on the fourth Monday of the month. Meetings of the Board are held in the SILC conference room. Should the Board change the regular meeting date, time or place, the change will be advertised prior to the meeting. All meetings of the Board shall be held in public and shall be advertised as required by law.

Special meetings may be called by the President at any time, and shall be called by the President upon written request of a majority of the members of the Board. The Secretary of the Board shall cause written notice of any special meeting to be mailed or delivered to each member of the Board stating the time, place, and purpose of the meeting. If the notice is delivered, it shall be in the hands of the member no later than 24 hours prior to the hour set for the meeting, and if it is mailed, it shall be mailed no later than 72 hours prior to the meeting. Any member may waive notice of the time, place, and purpose of a special meeting at any time before, during or after such meeting, and attendance thereat shall be deemed to be a waiver. At any special meeting, no other business shall be transacted, unless all members are present and shall consent to consider and transact other business.

Legal Reference:
C.R.S. 22-32-108 (1-5)

Policy Code: BEC
Policy Name: Executive Session
Adoption: July, 2006
Revised:
Reviewed: March 2008

All meetings of the Board shall be open to the public except that at any regular or special meeting the Board may proceed into executive ses­sion upon affirmative vote of two-thirds of the quorum present.

The Board shall not make final policy deci­sions nor shall any resolution, policy or regulation be adopted or approved nor shall any formal action of any kind be taken during any executive ses­sion

The Board may hold an executive session for the sole purpose of considering any of the following matters:

1. Purchase, acquisition, lease, transfer or sale of any real, personal or other prop­erty. However, no executive session shall be held to conceal the fact that a mem­ber of the Board has a personal interest in such property transaction.

2. Conferences with an attorney for the purpose of receiving legal advice on specific legal questions. The mere presence or participation of an attorney at an execu­tive session shall not be sufficient to satisfy this requirement.

3. Matters required to be kept confidential by federal or state law or regulations.
An announcement will be made indicating the specific citation to state or federal law which is the reason the matter must remain confidential.

4. Specialized details of security arrangements or investigations.

5. Determination of positions relative to matters that may be subject to negotiations, development of strategy for negotiations and instruction of negotiators.

6. Personnel matters except if an employee who is the subject of an executive ses­sion re­quests an open meeting. If the personnel matter involves more than one em­ployee, all of the employees must request an open meeting. Discussion of personnel policies that do not require discussion of matters specific to particular employees are not considered "personnel matters."

The Teacher Employment, Compensation and Dismissal Act shall prevail in teacher dismissal hearings. (It provides that a dismissal hearing shall be open unless either the administration or employee requests that the hearing be closed.)

1 of 3
Discussions concerning a member of the Board, any elected official or the appointment of a Board member are not considered personnel matters

7. Consideration of any documents protected under the mandatory nondisclosure provision of the
Open Records Act, except that consideration of work product documents and documents subject to the governmental or deliberative process privilege must occur in a public meeting, unless an executive session is otherwise allowed.

8. Discussion of individual students where public disclosure would adversely affect the person or persons involved.

Prior to convening in executive session, the Board president shall announce the topic of the executive session which shall be reflected in the minutes. The Board shall include the specific citation to statute authorizing it to meet in executive session when it announces the session and identify the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized.

Only those persons invited by the Board may be present during any executive session regardless of the topic of the session (including personnel matters).

The Board shall cause an electronic recording to be made of the executive session which shall be retained by the Board for 90 days following the session. No electronic record shall be made of an executive session held for the purpose of discussing an individual student matter or of a session in which the discussion involves a privileged attorney-client communication. The electronic record must include the specific statutory citation to the executive session law that allows the Board to meet in executive session.

(Adoption date)

LEGAL REFS.:
C.R.S. 22-32-108 (5)
C.R.S. 24-6-402

CROSS REF.: KDB, Public's Right to Know/Freedom of Information

Policy Code: BEDB (II. - 10.)
Policy Name: Board Meeting Order of Business and Agendas
Adoption: October, 1997
Revised:January 2012

The order of business for a regular School Board Meeting is as follows:

AGENDA

I. Call to Order
II. Pledge of Allegiance
III. Approval of Agenda
IV. Public Comment
V. Consent Items
i. Personnel
1. Certified
a. Employment:
b. Transitional:
c. Resignation:
d. Retirement:

2. Classified
a. Employment:
b. Resignation:
3. Termination:
4. Retirement:
5. Transfer:

ii. Board Meeting Minutes
1. Minutes

VI. Superintendent's Report

VII. District Administration Items:
VIII. Board Report

IX. Adjournment

Policy Code: BEDC (II. - 12.)
Policy Name: Changing the Agenda
Adoption: November, 1995
Revised:
Reviewed: March 2008

The Board has the authority to change the order of business as it deems necessary or any member of the board may have an item(s) removed from the consensus list for separate Board action.

Items which do not appear on the printed agenda may be brought to the attention of the Board during the meeting and may be considered if approval for consideration is granted by the President of the Board. The Board as a whole shall have the final decision in determining the appropriateness of such considerations.

Policy Code: BEDD (II. - 4.)
Policy Name: Board Meeting Quorum and Voting
Adoption: October, 1997
Revised:
Reviewed: March 2008

A majority of the members shall constitute a quorum and a majority of such quorum shall be necessary for the transaction of business.

All voting at meetings of the Board shall be by roll call. The names of the Members shall be called alphabetically, and each Member present shall orally vote "aye" or ‘no" upon each question unless excused from voting under the provisions of the current Colorado Revised Statutes.

Legal Reference:
C.R.S. 22-32-108

Policy Code: BEDG (II. - 5)
Policy Name: Board Of Education Minutes
Adoption: October, 1997
Revised:
Reviewed: March 2008

The Superintendent's Secretary shall keep complete records of the actions of the Board meetings. The minutes of the Board shall be kept in an official minute book, and shall be a complete record of such minutes including resolutions and motions in full. The proceedings may be recorded by other means, however, the official minutes will be written minutes. Copies of the minutes shall be provided to the Board Members prior to the meeting at which they shall be approved. Following approval, the official minutes shall be signed by the Secretary of the Board.

Discussion items at Board Work Sessions shall be recorded and kept in an official minute book.

Legal Reference:
C.R.S. 22-32-106
22-32-109 (l) (e)

Policy Code: BEDH (II. - 13.)
Policy Name: Public To Be Heard
Adoption: October, 1997
Revised:
Reviewed: March 2008

Any resident of the District may address the Board in a regular meeting and must give their name and place of residence. They will be reminded to be as brief as possible. Complaints regarding employees of the District will not be heard at this time and must be made to the Superintendent at another time

Policy Code: BEDK (II. - 15.)
Policy Name: Board Reports Submission
Adoption: October, 1997
Revised:
Reviewed: March 2008

The Board of Education will submit or cause to be submitted all reports required of the district by appropriate state and federal agencies.

Policy Code: BG (11. - 14.)
Policy Name: Policy Development
Adoption: November, 1995
Revised:
Reviewed: March 2008

The Board of Education functions as the policy making agency for the school district. Policy shall be introduced, revised or rescinded in the following manner:

A
Any person may bring to the Board's attention any matter that is felt to require Board policy consideration.

B
With Board approval, Board members may collectively or individually draft a proposed policy or revise existing policy to address the situation or may direct the Superintendent to do so.

C
The Board may then consider the proposed policy and vote to approve the proposed policy on first reading.

D
The Board and administration shall then consider the proposed policy during the period of time before the next meeting to ascertain the legality, workability, and manifestations of the proposed policy.

At the next meeting the proposed policy will be further studied and discussed and then the Board may consider the proposed policy on second reading to determine if it will indeed become part of school district policy.

Legal Reference:
C.R.S. 22 -32 -10 9 (1) (b)

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