Practical Tips: How to Become a More Informed Board Member Cromwell Board of Education

1. Practical Tips: How to Become a More Informed Board MemberCromwell Board of Education Jessica Ritter September 27, 2016

2. Board Communications With Staff • School boards in Connecticut act through the superintendent of schools. The statutes expressly provide that the superintendent is the “chief executive officer” of the board of education, and “shall have executive authority over the school system and the responsibility for its supervision.” Conn. Gen. Stat. § 10-157(a). • The statute also requires that the board of education evaluate the superintendent at least annually. This provision is the only responsibility the board of education has for the direct evaluation of personnel. As the chief executive officer of the school district, the superintendent, not the board of education, is responsible for supervising and evaluating all other staff members. See Conn. Gen. Stat. § 10-151b (the superintendent is required to evaluate teachers, or to delegate that responsibility to others, in accordance with the provisions of the local teacher evaluation and support plan).

3. Board communications with Staff • Important to remain impartial with respect to personnel matters. When boards of education conduct either nonrenewal or termination hearings, they act in a “quasi-judicial” capacity, i.e. as a judge would act. Therefore, it is important that any such hearings be conducted fairly and impartially. Board of education members must make their decision on the basis of the evidence presented at the hearing, and they should not undertake independent investigation of the situation outside the hearing. If a board of education fails to afford the teacher a full and fair hearing, action terminating a teacher’s contract may be reversed.

4. Retaliation and Employee Discipline • Retaliation claims are permitted under the following: First Amendment, Title IX, and Title VII • Retaliation applies not only to termination, but also to any adverse employment decision • Retaliation claims can also be filed with the State Labor Board under an anti-union theory

5. Who Can Call a Meeting? Board Member Mal Content has been after the Nutmeg Union of Teachers for the last two years because they refused to give salary concessions during these difficult times.  He has been asking to put an item on the agenda for a public meeting, during which the Board would consider a formal censure of NUTS and its membership for its "callous selfishness in a time of need."  You, the Board Chair, have been advised that such a vote would be problematic on at least two different levels.  But Mal is persisting, and now he and two fellow Board members he co-opted are threatening to hold a public meeting with or without you.  Can he do this?

6. Which statement is incorrect? • A vote to censure NUTS may invite an unfair labor practice • The Board Chair has total control of the agenda • Three Board members can require that a meeting be held • The Board may not insist on negotiations over salary concessions

7. Requirements for Calling a Meeting Conn. Gen. Stat. Section 10-218 provides in relevant part: • The chairperson of the board of education or, in case of such chairperson's absence or inability to act, the secretary shall call a meeting of the board at least once in six months and whenever such chairperson deems it necessary or is requested in writing so to do by three of its members. If no meeting is called within fourteen days after such a request has been made, one may be called by any three members by giving the usual written notice to the other members.

8. Board Meetings • Remember, the Board is a collective body that only has authority to take action when it is gathered at a meeting • Individual members, unless expressly authorized by the Board, do not have authority to act on behalf of the Board • The meeting is the most visible aspect of the Board’s communication with the public and its staff, as well as between its members

9. What Exactly is a “Meeting?” The FOIA defines a “meeting” as follows: • “Meeting” is any hearing or other proceeding of a public agency, any convening or assembly of a quorum of a multimember agency, and any communication by or to a quorum of a multimember agency, whether in person or by means of electronic equipment, to discuss or act upon a matter over which the public agency has supervision, control, jurisdiction or advisory power.

10. Knowing What is Not a Meeting A “Meeting” does not include: • A meeting of a personnel search committee for an executive level candidate search (Board may appoint itself) • A chance or social meeting • Strategy or negotiations with respect to collective bargaining • A caucus of members of a single political party

11. Board Meeting Essentials

12. Meeting Notice Requirements • Under the FOIA, there are three categories of meetings • Regular • Special • Emergency • All meetings must be noticed in advance

13. Regular Meetings • Regular meetings are contained on the annual schedule of meetings filed with the Town Clerk by January 31st • Agendas must be posted at least 24 hours in advance • New business items may be added to the agenda by a two-thirds vote • Minutes must be available for public inspection within seven days of meeting

14. Special Meetings • Special meetings are those meetings not included on the list of regular meetings filed with the Town Clerk • Notice of the meeting must be filed with the Town Clerk at least 24 hours before the meeting convenes • Business limited to items on posted agenda • Minutes must be available for public inspection within seven days of meeting

15. Hypothetical-Public Meetings The Nutmeg Board was scheduled to meet at the BOE meeting room for a regular meeting. However, given that one of the items on the agenda was a controversial one, the Board anticipated a crowd larger than the meeting room could accommodate. The Board decided to move its meeting to the Town Council chambers. Bob Bombast pointed out to the chairperson that the filed agenda listed the BOE meeting room as the location for the meeting, preventing the Board from changing the location of the meeting. Is Bob correct? Is there any way for the Board to move its meeting location?

16. Which statement is correct? • Board meetings locations cannot be changed once they are listed and filed • To change the location of a regular meeting, the Board must file the new location with the Secretary of State • The Board can post the new location on the door of the BOE meeting room • The change of the meeting location changes the Board meeting from a regular meeting to a special meeting

17. Conducting a Meeting

18. Public Comment It was never a good sign when there was a crowd in the boardroom before a meeting. Sure enough, at public comment, a parent got up and began complaining about a teacher at the high school. Before she could get very far with her statement, a Board member interrupted her, saying “we don’t allow comments about individual teachers, as that is a personnel matter.” The Chair then asked if the long line at the podium planned on speaking about the same teacher. When they all nodded yes, Bob Bombast made a motion to suspend public comment for that meeting. The motion was approved unanimously. Okay?

19. Public Comment at Meetings • No requirement to provide public comment at meetings • Can regulate the manner of speech, but cannot discriminate based on content • Be clear about expectations, and enforce them • Can have time limits, require people to sign up to speak, and insist on decorum • Reminder that public comment should be reserved for the public, and not be an opportunity for Board members to respond to comments

20. Board Member Conduct Board member, Mal Content, had been causing issues for the Nutmeg Board. He would often visit school buildings unannounced, demanding to be able to visit classrooms to “check on underperforming teachers.” But the last straw for the Board was when he voted to approve the new teachers’ contract, even though his wife was a teacher in the district. In a special meeting, where Mal was not in attendance, they voted 8-0 to oust her from the Nutmeg Board. Valid?

21. Which statement is correct? • A Board member can never vote on his or her spouse’s contract • The Board member should not be serving on the Board because her spouse is a district employee • The Board’s vote to remove the member from the Board was invalid since the member was not in attendance • None of the above

22. Board Member Conduct • Board members cannot be removed from their elected position on the Board by a vote of the Board • Board officers can be removed from their office by a vote of the Board • The Board can vote to “censure” a Board member

23. Conflict of Interest • Board members cannot be employed by the school district • No statutory provision against a relative being employed by the school district • Board member actions may be governed by Board policies or ethics provision in local charter • Board members may need to recuse themselves from impartial BOE hearings

24. Executive Session The Nutmeg Board was in a special budget meeting when it learned of dire economic news that meant significant staffing cuts were necessary. Knowing that the Board would need to discuss and decide the elimination of specific positions, and not wishing to needlessly distress or excite its employees, the Chair added an executive session item to the agenda to discuss “personnel matters.” With a 5-3 vote, the Board entered executive session. After an hour of discussion, the Board members agreed, without a vote, to direct the Superintendent to cut 10 staff positions. So far, so good?

25. Which statement is incorrect? • The Board’s agenda must state that the Board will go into executive session • A vote to go into executive session must be by two-thirds • Stating that the reason for executive session was for “personnel reasons” is insufficient • The Board cannot add an item to the agenda during a special meeting of the Board

26. Executive Session • Two-thirds vote needed to enter executive session • Motion should be clear as to reason for executive session • Limited reasons to go into executive session • Personnel matters • Pending claims and litigation • Security devices and real estate • Confidential documents • Collective bargaining issues

27. Executive Session • Not an agenda item, but a means of dealing with an agenda item • Specify who is invited into executive session • Board does not take action in executive session • Board members are not to disclose discussion which occurs in executive session • Be respectful of the public when scheduling executive sessions

28. Electronic Communications It was time for the Nutmeg Board to elect officers. In the week leading up to the annual meeting, the internet was full of e-mails among Board members soliciting support from other members. In addition, Board members had caucused with their respective party Chairs to decide on who would be the next chair. At the meeting, Mal Content nominated Penny Pincher as the next Chair. Infuriated, Bob Bombast sent an angry text message to Mal saying, “What gives, I thought we had a deal?” Mal responded, “Sorry, Penny is supporting me for Vice-Chair. Snooze you lose.” Any issues?

29. Which statement is correct? • It is improper for Board members to commit support on an issue before the actual meeting • A majority of Board members cannot discuss Board business via e-mail • E-mail communication between Board members is okay as long as it is one-on-one • Board members cannot caucus to discuss Board issues

30. FOIA and Electronic Messages • E-mails by a quorum of Board members may be an illegal meeting of the Board • Caucus is limited to members of the Board • Communications at Board meetings must be open to the public • Electronic communications by Board members are subject to disclosure under the FOIA

31. Electronic Communications • Email communication on Board business by Board members to each other (or to or from the Superintendent to Board members) is permissible • Such emails will typically be subject to public disclosure unless exempt (personally identifiable student info, attorney/client information). Even if on personal computer or personal email

32. Electronic Communications • Where email communication is unilateral, it will likely not be considered a “meeting” that would trigger FOIA concerns • Where such a communication generates responses that are shared with a quorum of the Board, it is possible that a “discussion” (and hence a “meeting” in violation of the FOIA) will be found

33. Meeting Procedures • Board’s should adopt formal procedures to conduct its meetings. Typically Board’s utilize Robert’s Rules of Order, with specific modifications. • Typical Topics: • Date/time of meetings • How agendas are created • Order of business • Quorum and voting requirements

34. Key Concepts of Roberts Rules • One subject dealt with at a time • Allows for the airing of opposite or divergent points of view • Recognizes and records a negative vote on a question • Enforces decorum • Confines debate to the merits of a pending question • Provides for a final decision

35. Voting The Nutmeg Board was considering the approval of a Biology textbook, made controversial by its numerous references to evolution. When it was time to vote six of the members abstained from voting. With only Bob Bombast in opposition, the vote was 2-1 to approve the textbook. But Bob wasn’t done, pointing out that the Chairperson was one of the two votes in favor of the textbook, and since “under Robert’s Rules the chairperson can’t vote,” the textbook had not been approved. Penny Pincher added, “Besides, you need at last five votes to approve, or at least a majority of Board members present.” Who’s right?

36. Which statement is correct? • Abstentions count as “no” votes • The Chairperson can only vote in the event of a tie • The motion was properly approved by a majority of members present and voting • Motions must be approved by a majority of the members in attendance

37. Board Member Voting • No member is required to vote, although Robert’s Rules anticipates each member voting • Abstentions are not considered as votes for or against the motion • Approval of motions only needs majority of those present and voting, unless policy or statute requires otherwise • The Chairperson can vote and debate on matters before the Board in the same manner as the other members

38. Board Member Voting • Generally by voice vote or by showing of hands • Chair announces the result of the vote - vote count and whether the vote is adopted/defeated • Members may change their vote prior to the announcement of the vote

39. Board Debate • Maker of a motion has the right to be heard first on the motion • Generally members are recognized by the Chair before speaking • Robert’s Rules calls for a courteous tone when debating, and specifically forbids personal attacks • The Board may vote to end debate, typically by a two-thirds vote (see BOE bylaws)

40. More on Robert’s Rules of Order The Nutmeg Board, with only five of its members in attendance, had added two new administrator positions to the district. At the next meeting, Mal Content, who was not in attendance at the prior meeting, moved to reconsider the Board’s action. Bob Bombast, the resident expert on parliamentary procedure, cut her off, stating that the motion had to be made by someone who had voted in favor of the original motion at the last meeting. The Chair was unconvinced, and the motion to reconsider the Board’s previous decision passed on a 4-3 vote. Was the Board’s attempt to reverse their decision proper?

41. Which statement is correct? • A motion to reconsider is only proper during the same meeting the original motion is approved • Once Board action is taken, it cannot be rescinded • A motion to rescind prior Board action cannot be made by a member who did not vote on original motion • A motion to rescind can never be passed by majority vote

42. Motion to Reconsider • Enables a majority of the Board, within a limited time frame and without notice, to bring back for consideration a motion which has already been voted on • Motion can only be made by a member who voted in the majority on original motion • Must be made in same session as original vote • Not amendable, cannot be reconsidered

43. Motion to Rescind • An action to cancel or countermand a previous action. Not in order when action has been taken which cannot be undone. • Debatable and can go into the merits of the original action • Generally requires a two-thirds vote or prior notice. Check BOE bylaws • A negative vote can be reconsidered

44. Motion to Lay on the Table • Purpose is to set aside the pending question temporarily, with no set time for taking it up. Main motion can be resumed at will of majority. • Must be seconded • Not debatable, but it is proper for the Chair to ask the maker of the motion his/her intent • Out of order when intent is to kill or delay consideration of main motion

45. Point of Order • Raised when a member believes the rules of the Board are being violated, calling on the Chair for a ruling and enforcement of the Board’s rules • Must be raised at the time the breech occurs • In order when another has the floor • Not debatable, cannot be reconsidered • Does not need to be seconded

46. Using Robert’s Rules • A tool to allow the Board to accomplish its work • Robert’s Rules should not get in the way of what the Board’s needs to accomplish • While members don’t need to be experts, should have an understanding of basic concepts • Robert’s Rules should not be used as a tool to disrupt Board business

47. Which statement is correct? • Since there is no requirement to have public comment, the Board is entitled to suspend it • Speakers cannot discuss individual students and staff publically • The Board cannot allow negative comments about individual teachers unless the teacher is available to respond • None of the above

48. Questions?