BOARD LEGAL STATUS
The Boards of Cooperative Services Act of 1965 provides for the organization of boards of cooperative educational services. Accordingly, the Board of Directors for the San Luis Valley Board of Cooperative Educational Services shall be composed of one director appointed by each member district.
Adopted: January 20, 1999
Powers and mandatory duties of the board are defined in state statutes.
This board considers that it's most important functions fall into the following categories:
Legislative or policymaking. The Board is responsible for the development of policy, and for the employment of an Executive Director, who will carry out its policies through the development and implementation of regulations.
Educational planning and appraisal. The Board is responsible for acquiring reliable information from responsible sources, which will enable it to make the best possible decisions about the scope and nature of the educational program. The Board is responsible for requiring appraisal of the results of the educational program.
Staffing and appraisal. The Board is responsible for employing the staff necessary for carrying out the instructional program and establishing salaries and salary schedules and other terms and conditions of employment, as well as for personnel policies agency wide in application. The board is responsible for appraising the effectiveness of its staff by providing for regular evaluation.
Financial resources. The Board is responsible for adopting a budget that will provide the financial basis for buildings, staff, materials and equipment which will enable the agency to carry out the educational program. The Board is responsible for exercising control over the finances of the agency to ensure proper use of, and accounting for, all agency funds.
Agency facilities. The Board is responsible for determining agency housing needs, for communicating these needs to the community, for purchasing sites, and for approving building plans that will support and enhance the educational program.
Communicating with the public. The Board is responsible for providing adequate and direct means for keeping the local citizenry informed about the agency and for keeping itself informed about the wishes of the public.
Judicial. The Board is responsible for acting as a Court of Appeal for agency staff members, students and the public with issues involved board policies and their fair implementation.
The Board may exercise the above powers and duties only when convened in legally constituted meeting.
All powers of the Board lie in its action is a group. Individual board members exercise authority only as they vote at a legal meeting of the board and when the Board has lawfully delegated authority to them.
Adopted: January 20, 1999.
LEGAL REFS.: C.R.S. 22-9-101 et seq.
C.R.S. 22-32-109
C.R.S. 22-32-110
The Board of Education of each member district shall appoint one member and one alternate to the Board of Directors of the San Luis Valley Board of Cooperative Educational Services.
Each Board member's term shall have the same expiration date as that served on the local board. When the member's term expires, the local board shall appoint a replacement to the San Luis Valley Board of Cooperative Educational Services’ Board within 30 days after the regular biannual election held in November of each odd-numbered year.
Notification of appointments shall be provided to the San Luis Valley BOCES Board in writing on or before the date of the regular July board meeting in each odd-numbered year.
Adopted: 1995
Public office is a trust created by the confidence which the public places in the integrity of its public officers. To preserve this confidence, it is the desire of the Board to operate under the highest ethical standards.
In carrying out its fiduciary duties, a Board shall not:
Disclose or use confidential information acquired in the course of official duties to further substantially personal financial interests.
Accept a gift of substantial value or substantial economic benefit tantamount to a gift of substantial value, which would tend to improperly influence a reasonable person in a position or which it is known or should be known is primarily for the purpose of reward for official action taken.
Engage in substantial financial transactions for the member’s private business purposes with the person whom the member supervises in the course of official duties.
Perform an official act which directly in substantially confers an economic benefit on a business or other undertaking in which the member has a substantial financial interest or is engaged as a counsel, consultant, representative or agent.
The phrase "economic benefit tantamount to a gift of substantial value" includes a loan at a rate of interest substantially lower than the prevailing commercial rate and compensation received for private services rendered at a rate substantially exceeding the fair market value.
It is permissible for a Board member to receive:
Campaign contributions and contributions in kind, which are reported in accordance with state law.
An occasional non-pecuniary gift, which is insignificant in value.
A non-pecuniary award publicly presented by a nonprofit organization in recognition of public service.
Payment or reimbursement for actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which the member is scheduled to participate.
Reimbursement for or acceptance of an opportunity to participate in a social function or meeting, which is not extraordinary when viewed in light of the position.
Items of perishable or nonpermanent value, including but not limited to meals, lodging, travel expenses or tickets to sporting, recreational, educational or cultural events. Tickets to these events may have to be reported in accordance with the public official disclosure law.
Payment for speeches, appearances or publications reported in accordance with the public official disclosure law.
It shall not be considered a breach of conduct for a Board member to:
Use agency facilities and equipment to communicate or correspond with constituents, family members or business associates.
Accept or receive a benefit as an indirect consequence of transacting agency business.
Adopted: January 20, 1999.
LEGAL REFS.: C.R.S. 1-45-101 et seq. (Fair Campaign Practices Act)
C.R.S. 24-6-203 (Public Officials Disclosure Act)
C.R.S. 24-18-104
C.R.S. 24-18-109
Board members are required by law to disclose certain items received in connection with serving on the Board. If Board members receive such items, they must file a report for the preceding calendar year with the county clerk and recorder on forms supplied by the Secretary of State on or before January 15 of each year. The report must contain the name of the person from whom the reportable item was received, it's value and the date of receipt.
Items which must be reported include the following:
Any money received including a loan, advance or guarantee of a loan with the value of $25 or more.
Any gift of any item of real or personal property other than money with the value of $50 or more.
In the loan of real or personal property if the value of the loan is $50 or more. "Value of the loan" if means the costs saved or avoided by the Board member by not borrowing, leasing or purchasing comparable property from a source available to the general public.
Any payment for his speech, appearance or publication.
Tickets to a sporting, recreational, educational or cultural event with a value of $50 or more for a single event or a series of tickets to sporting events of a specific team during a season or to cultural events of the specific company with a total value of $100 or more.
Payment of or reimbursement for actual and necessary expenses for travel and lodging for attendance at a convention or other meeting at which the Board member or candidate for the Board is scheduled to participate unless the payment for such expenditures is made from public funds or from funds of any association of public officials or public entities such as the Colorado Association of School Boards (CASB).
The financial disclosure need not include the following:
A contribution or contribution in-kind that already has been reported pursuant to the Fair Campaign Practices Act.
Any item of personal or nonpermanent value including meals, unless such item required to be reported under #5 above.
A non-pecuniary award publicly presented by an organization in recognition of public service.
Payment of or reimbursement for actual and necessary expenses for travel and lodging for attendance at a convention in which the individual is scheduled for to participate if the payment or reimbursement is made from public funds or from the funds of any association of public officials or entities such as CASB.
Payment of salary from employment, including other government employment.
To avoid misunderstandings about the value of an item, the donor must furnish the Board member with a written statement of the dollar value of the item when it is given. Board members who do not received any items which must be reported or not required to file a report.
Adopted: January 20, 1999
LEGAL REF.: C.R.S. 24-6-201 et seq.
As a member of my local Board of Education, I will strive to improve public education and to that end and 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 refused 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 of the agency to the Executive Director.
Communicate to other board members and the Executive Director expressions of public reaction to Board policies and agency programs.
Inform myself about current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by my state and national school boards association.
Support the employment of those persons best qualified to serve as agency staff and assist on regular and impartial evaluation of all staff.
Avoid being placed in the position of conflict of interest and refrain from using my board position for personal or partisan gain.
Take no action that will compromise the board or administration and respect the confidentiality of information that is privileged under applicable laws.
Remember always that my first and greatest concern, the speedy educational welfare of the students attending the public schools.
Adopted: January 20, 1998
According to the Colorado revised statutes, 24-18-105, the following ethical principles for school board members. "Are intended as guidelines to conduct and do not constitute violations as such of the public trust of office..."
A board member "should not acquire or hold interest in any business or undertaking which that member has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by an agency over which the member has substantive authority."
A board member "should not, within six months following the termination of office..., obtain employment in which the member will take direct advantage, unavailable to others, of matters with which the member was directly involved during the term law office. These matters include rules, other than rules of general application, which the member actively helped to formulate and applications, claims or contested cases in the consideration of which the member was an active participant."
A board member "should not perform an official act directly and substantially affecting a business or other undertaking to its economic detriment when the member has a substantial financial interest in a competing firm or undertaking."
Adopted: January 20, 1998
Public office is a trust created in the interest of the common good and for the benefit of the people. A conflict of interest can arise when a public officer is unable to devote himself with complete loyalty and singleness of purpose to the general public interest.
It is the intent of this policy to protect the public trust placed in directors of this agency. For purposes of this policy, the Board declares that conflict of interest is a personal, pecuniary interest that is immediate, definite and demonstratable and which is or may be a conflict with the public interest.
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 B is oard, 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 plentiful notifying the Secretary of State of his interest in the matter, he may vote if his participation is necessary to obtain a quorum or otherwise enable the Board to act. If the member votes under these circumstances, he shall state for the record the fact and summary nature of the potential conflict of interest.
The written disclosure to the Secretary of State shall list is 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 the member has a financial interest, unless one or more of the following apply:
The contract is awarded to the lowest responsible bidder based on competitive bidding procedures.
The merchandise is sold to the highest bidder at a public auction.
The transaction involves investing or depositing money in a financial institution, which is in the business of loaning money or receiving money.
If, because of geographic restrictions, the agency could not otherwise reasonably afford the contract because the additional costs to the agency would be greater than 10% of the contract with the interested member or if the contract is for services that must be performed with unlimited time period and no other contractor can perform services.
If the contract is one in which the Board member has disclosed a personal interest and is one on which he 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 agency.
A member of the Board may request an advisory opinion from Secretary of State concerning issues relating to his conduct and his potential conflict of interest.
Adopted: January 20, 1999
LEGAL REFS.: Colorado Constitution, Article X., Section 13
C.R.S. 22-32-109 (1)(y)
C.R.S. 24-18-109 through 24-18-111
C.R.S. 24-18-201
C.R.S. 24-18-202
CROSS REFS.: BC, School Board Member Conduct
BCA-E1, Code Of Ethics For School Board Members
BEDF, Voting Method
DJE, Bidding Procedures
All communications from agency personnel to the Superintendents’ Advisory Council or to the Board shall be through or with the knowledge of the Executive Director.
All communications and directives from the Superintendents’ Advisory Council and the Board to agency staff members shall be channeled through the Executive Director.
Adopted: 1995
At the first regular meeting following the biennial elections, the Board shall elect officers in the following order: President, Vice President, Secretary and Treasurer. Voting shall be by roll call. (The president and vice president may be elected by secret ballot, if the board so determines.)
Officers shall serve two-year terms, unless their terms of office as school board members expire earlier.
Following the election and appointment of officers, the Board shall appoint the staff member who will fill the office of executive secretary to the board.
Then such other times of business shall be considered by the board as are scheduled on the agenda.
At any time the Board by simple majority vote may call for an organizational session for the purpose of reorganizing the Board.
Office or resignation
Should one or more officers of the Board resign, the Board shall select another member or members to fill the vacant office or offices as provided by law, using the procedures described above. A new officer shall assume appropriate duties immediately upon selection.
Adopted: 1995
LEGAL REFS.: C.R.S. 1-10-201 et seq.
C.R.S. 22-31-104 (3)
C.R.S. 22-32-104 (1),(2),(3),(4)
C.R.S. 22-32-108 (6)
President and Vice President
The president of the Board, in addition to the duties prescribed by law, shall exercise such powers as properly pertain to the office. In carrying out the responsibilities, the President shall:
Preside at all meetings of the board.
Plan agendas with assistance from the executive director.
Bring pertinent matters before the board.
Conduct orderly Board meetings.
And for with the executive director on crucial matters which may occur between Board meetings.
Call special meetings of the Board when necessary.
Appoint special committees, subject to approval of the Board.
Sign all written contracts to which the agency may be a party.
Sign all official reports of the agency except as otherwise provided by law.
Appear in behalf of the Board in all actions brought by or against it, unless individually a party in which case the duty shall be performed by the Secretary.
Act as public spokesperson for the Board except as this responsibility is the delegated to others.
Be the primary contact for the Executive Director should an emergency arise.
In the absence of the president, the Vice President shall have the power of the president and perform the duties.
Secretary
The secretary of the Board shall perform the following duties:
Insure that a record is kept of all business transacted by the board at either regular or special meetings.
Cause minutes of each meeting to be distributed and filed.
Cause all notices required by law to be published or posted.
Cause written notice to be given to each Board member of all special meetings of the Board.
The custodian of the agency's seal.
A test any written contract which the agency may be a party and the fix the agency sealed thereto.
Perform such other duties as may be assigned by the Board.
In absence or inability of the Secretary, another member of the Board designated by the President shall perform the duties of the Secretary.
Treasurer
The treasurer shall perform or cause to be performed the following duties:
Account for all moneys belonging to the agency.
Report to the board as required for all moneys of the agency.
Sign either by written signature or facsimile all warrants or orders drawn on an agency depository. The Board may require the countersignature of another person.
Deposit to the credit of the agency all moneys belonging to the agency in one or more depositories designated by the Board.
Perform such other duties as may be assigned by the Board.
In the absence or inability of the treasurer, another member of the Board designated by the president shall perform the duties of the treasurer
Adopted: 1995
LEGAL REFS.: C.R.S. 22-32-104 (3)
C.R.S. 22-32-105 (President and Vice President)
C.R.S. 22-32-104 (4)
C.R.S. 22-32-106 (Secretary)
C.R.S. 11-10.5-111
C.R.S. 22-32-107 (Treasurer)
CROSS REFS.: DG, Banking Services (and Deposit of Funds)
DH, Bonded Employees and Officers this
It is the practice of the Board to appoint a staff member to serve as executive secretary to the board.
The executive secretary to the Board shall keep accurate minutes of all proceedings of the Board and perform such other duties as the Board may assign or which are ordinarily the function of the Secretary of the Board.
Adopted: 1995
(Superintendents’ Advisory Council)
The superintendents, or an appointed designee, of the member districts shall serve as an advisory council to the Board and the executive director.
The Superintendents’ Advisory Council shall meet prior to each Board meeting to consider and established positions and recommendations on items of business to be brought before the Board.
The Council shall meet on the second Tuesday of each month. This meeting time may be changed by action of the Council or the executive director with concurrence of the majority of council members. Meeting shall be held at such time and place as periodically scheduled by the council.
At any regularly scheduled meeting at which less than a quorum of member districts are represented, the Council may make recommendations to the Board or the executive director if action must be taken before the next regularly scheduled meeting of the Board. The representation present at the meeting shall be noted in the recommendations to the Board.
Special meanings may be called from time to time as deemed necessary by the majority of the council.
The Executive Director shall be present at all meetings and shall see that minutes of the council are recorded, distributed and filed. Distribution of the minutes shall include each member of the board.
Adopted: 1995
Revised: January 20, 1999
The Board of Directors shall appoint, pursuant to state law, an advisory agency personnel performance evaluation Council which shall, at a minimum consist of one teacher, one administrator, one program director, one parent and one person who does not have a child in an agency program.
The council may be composed of any other agency committee having membership as defined above.
The Council shall consult with the Board as to the fairness, effectiveness, credibility and professional quality of the licensed/certificated personnel performance evaluation system and its processes and procedures and shall conduct a continuous evaluation of the system.
Adopted: January 20, 1999.
LEGAL REFS.: C.R.S. 22-9-107
CROSS REFS.: CBI, Evaluation of Executive Director
CFB, Evaluation of Program Directors
GCOA, Evaluation of Instructional Staff
GCOC, Evaluation of Administrative Staff
The agency shall organize a special education advisory committee for the purpose of providing parents and staff the opportunity to review, critique and informally evaluate special education services and programs and thereby offer informed suggestions and recommendations to the director special education for the development and implementation of these services and programs.
Similar advisory committee shall be established for other agency programs as appropriate.
Adopted: 1995
The Board recognizes that the increasing complexities of agency operations frequently require professional legal services. Therefore, it shall retain a competent attorney or legal firm to systematically provide such services.
A decision to seek legal advice or assistance from such attorney shall originate from the Board, the executive director or persons specifically authorized by the Board or executive director. The executive director shall inform the Board prior to requesting unusual type or amounts of legal services.
The purpose of this policy is to provide a method for determining if and how member districts should share legal costs associated with the cooperative programs sponsored by the boces.
Should a case or legal matter impact the boces as a whole or having the potential of setting precedent for all districts simultaneously, the shared costs would be paid from the current boces operational budget. Any cost beyond the budgeted amount would be allocated according to the student population pro-ration calculation used in the boces budget process at the time of board approval of the current budget
To be eligible for shared cost, a case or legal matter must be one where the outcome has the potential to impact the operation of the boces or more than one member school district. To illustrate the spirit of this policy, such a case might address commonly adopted boces procedures, aspects of the iep process, or service delivery methods. An incident isolated exclusively to one district or a matter in which a district has chosen to avoid or act contrary to the advice of the boces executive director or special education director shall not be within the scope of this policy and the boces would not be responsible for legal costs incurred defending such a position.
Adopted: 1995
Revised: April 19, 2000
All meetings at which any public business may be discussed or any formal action taken shall be open to the public at all times except for periods in which the Board is in executive session. All such meetings will be properly noticed and minutes will be taken and recorded as required by law.
No business may be conducted unless a quorum is present. A quorum shall consist of a simple majority (more than half) of the members serving on the Board.
Regular meetings
Regular meetings of the Board of Directors shall be held at the SLV BOCES building, 2261 Enterprise Dr., Alamosa, Colorado.
Meetings of the Board of Directors shall be held on the third Wednesday of each month at 7 p.m. unless otherwise established by the Board.
Special meetings
Special meetings of the Board of Directors may be called by the Board president at any time or shall be called upon written request of the majority of the members.
The Secretary of the Board shall be responsible for giving written notice of any special meeting to each board member at least 72 hours in advance of the meeting if mailed or 24 hours in advance if hand-delivered personally to the member. The notice must contain time, place, and purpose of the meeting.
Any member may waive notice of special meeting at any time before, during or after such meeting, and attendance thereat shall be deemed to be a waiver.
No business other than that stated in the notice of the meeting shall be transacted acted unless all members are present and agree to consider and transact other business.
Work sessions and retreats
The board, as a decision-making body, is confronted with a continuing flow of problems, issues and needs which require action. While the board is determined to expedite its business, it is also mindful of the importance of planning, brainstorming and thoughtful discussion without action. Therefore, from time to time the board may schedule work sessions or retreats, which shall be open to the public. No action shall be taken during such sessions. Public notice of the session, including the topics for discussion and study, shall be provided.
Adopted: 1995
Revised: January 18, 2006
LEGAL REFS.: C.R.S. 22-32-108
C.R.S. 24-6-104 et seq. (Colorado Sunshine Act Of 1972)
CROSS REFS.: BEDA, Notification Of Board Meetings
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 is authorized to approve written minutes of an executive session in executive session, if written minutes are taken.
The Board may hold an executive session for the sole purpose of considering any of the following matters:
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.
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.
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.
Specialized details of security arrangements or investigations.
Determination of positions relative to matters that may be subject to negotiations, development of strategy for negotiations and instruction of negotiators.
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 employees requests the hearing be closed.) Discussions concerning a member of the board, any elected official or the appointment of a board member are not considered personnel matters.
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 public meeting, unless an executive session is otherwise allowed.
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 person 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 a record to be made of the executive session which shall be retained by the board for 90 days following the session. No 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 record must include the specific statutory citation to the executive session law that allows the board to meet in executive session.
Adopted: January 20, 1999
Revised: January 19, 2000, January 15, 2003, January 18, 2006
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
The Board shall give full and timely notice to the public in any meeting of three or more board members at which public business may be discussed or any formal action taken, including special, regular and work sessions meetings and retreats.
Dates of regular meetings of the Board shall be provided in annual announcements and made available in printed form the news media and the public. At its first regular meeting of the calendar year, the Board shall designate the public place or places at which notice of all Board meeting shall be posted. In the event such action is not taken annually, the designated public places used in the previous year shall continue as the official posting sites.
At a minimum, the Board shall cause notice of regular and special meetings and work sessions to be posted at the designated public place, no less than 24 hours prior to the meeting. This notice shall include specific agenda information, where possible.
Copies of the agenda shall be available to representatives of the community and the staff and others at the Administrative Services Center upon publication and dissemination to the Board.
The agency shall maintain a list of persons who, within the previous two years, have requested notification of all meetings when certain specified policies will be discussed. These individuals will be provided reasonable advance notification of Board meetings, unless the meeting is a special meeting and there is insufficient time prior to the meeting to mail notices to persons on the list.
Notice to the Board
The Executive Director shall mail the agenda, together with meeting materials and minutes of the last regular meeting, to board members no later than 72 hours before the next regular meeting.
Adopted: January 20, 1999
Revised: January 18, 2006
LEGAL REFS.: C.R.S. 22-32-108 (2),(3)
C.R.S. 24-6- 402 (2)(c)
CROSS REFS.: BE, Agency Board Meetings
To expedite the Board’s proceedings and provide a framework for the orderly conduct of business, the executive director in cooperation with the Board President shall prepare an agenda outlining the matters to be brought to the Board’s attention at meetings.
The Board shall follow the order of business set by the agenda unless the order is altered or new items added by a vote of the Board during the meeting. The Board may add to or take action on matters not appearing on the printed agenda at regular meetings only by unanimous vote of the Board members present. Items may be added to the agenda of a special meeting only when all Board members are present and cast unanimous vote.
Consent grouping
A consent grouping on the agenda shall be used for those items which usually do not require discussion or explanation as to the reason for board action. In a board member may request the withdrawal of any item under the consent grouping for independent consideration.
Agenda format
The order of business at regular meetings shall be as follows:
Call to order.
Roll call.
Approval of agenda.
Audience comments and questions.
Reports from administrators and committees.
Board member reports and requests.
Correspondence.
Action items.
a. Consent agenda.
Discussion of items.
Legislative report.
Financial reports.
Approval of minutes.
Adjournment.
Adopted: January 20, 1999
LEGAL REF.: C.R.S. 22 – 32 – 108 (4)
Except as otherwise specified by state law or Board policies pertaining to its own operation procedures, the Board shall operate by rules prescribed in Robert’s Rules Of Order, Newly Revised as those rules can reasonably be applied to the conduct of agency board of directors business.
It shall be the responsibility of the Board president to utilize such rules when appropriate to do so.
Adopted: January 20, 1999.
Revised:January 18, 2006
All voting shall be by roll call with each member present and voting "Aye" or "No", alphabetically. However, election of the president and vice president may be by secret ballot.
A member may abstain from voting only if excused by the Board for good cause.
A Board member who has a personal or private interest in any proposed or pending matter which presents a conflict of interest in accordance with Board policy shall disclose such interest and shall not vote unless participation is necessary to obtain a quorum or otherwise enable the board to act. Under such circumstances, the member shall comply with the voluntary disclosure requirements set out in state law.
To pass, any motion must be approved by a majority of the members present except as state law or policies of this Board may require a majority of full membership.
Adopted: January 20, 1999
LEGAL REFS.: C.R.S. 22-32-104 (3)
C.R.S. 22-32-108 (6)
C.R.S. 24-18-109 (3)
C.R.S. 24-18-110
CROSS REFS.: BCB, AGENCY BOARD MEMBER CONFLICT OF INTEREST
BEDC, QUORUM
Minutes of any board meeting at which the adoption of any policy or formal action occurs or could occur shall be taken promptly recorded. Such record shall be open to public inspection.
Official minutes of the meetings of the Board of Directors constitute the written record of all proceedings of the board. Therefore, the minutes shall include:
The nature of the meeting, whether regular or special; time, and place; members present; approval of the minutes of the preceding meeting or meetings.
A record of all actions taken by the Board, the motion, the name of the member making the motion in seconding it; the record of the vote, with the vote of each member recorded. Reports and documents related to a formal motion may be omitted if they are referred to by title and date.
A record of all business that comes before the Board through reports of the executive director and others and through communications from the staff and the public.
The names of all persons who speak before the Board in the topic of their remarks.
A record that an executive session was held, including the names of those present and the topic of discussion, unless including names of individuals would reveal information that should remain confidential.
The record of adjournment.
The official minutes shall be signed by the Secretary. Following their approval, the official copy also shall be signed by the president of the Board of Directors.
The official minutes shall be in the custody of the Board executive secretary and shall be made available to the public at the administrative offices of the agency upon request during normal office hours.
Adopted: January 20, 1999
LEGAL REFS.: C.R.S. 22-32-106
C.R.S. 22-32-109 (1)(E)
C.R.S. 24-6-204 (2)(D)(II)
All regular and special meetings of the Board shall be open to the public. Because the Board desires to hear the viewpoints of all citizens throughout the service area and also needs to conduct its business in an orderly and efficient manner, it shall schedule time during some Board meetings for brief comments and questions from the public. Some public comment periods may relate to specific items on the agenda. The Board shall set a time limit on the length of the public participation time and a time limit for individual speakers.
Members of the public wishing to make formal presentations before the Board should make arrangements in advance with the executive director so that such presentations, when appropriate, may be scheduled on the agenda.
During times of general public comment at a regular meeting, comments and questions may deal with any topic related to the Board's conduct of its programs. Comments at special meetings must be related to the call of the meeting. During times of public comment on specific agenda items, comments shall be confined to the topic of the agenda item being considered by the Board. Speakers may offer such criticism of school operations and programs as concern them, but are encouraged to exercise their speech rights responsibly. The Board encourages the discussion of all personnel matters to be conducted in executive session.
The Board president shall be responsible for recognizing all speakers who shall properly identify themselves, for maintaining proper order and for adherence to any time limits set. Questions asked by the public shall, when possible, be answered immediately by the president or referred to staff members present for reply. Questions requiring investigation shall be referred to the executive director for consideration and later response.
Members of the public will not be recognized by the president during Board meetings except as noted in this policy.
In addition to public participation time during Board meetings, the Board is committed to engaging members of the community on an ongoing basis regarding community values about education during times other than the Board's regular meetings.
Adopted: September 17, 2003
LEGAL REFS.: C.R.S. 24-6-401 et seq. (open meetings law)
CROSS REF.: KE, Public Concerns and Complaints
It is the intent of the board to develop policies and put them in writing so that they may serve as guidelines of its own operations and for the successful and efficient functioning of the agency.
The board endorses for use in this agency, the policy development and codification system of the National Education Policy Network/National School Boards Association (NEPN/NSBA) as recommended by the Colorado Association of school boards.
This system, while it may be modified to meet needs, is to serve as general guideline for such tasks as policy research, drafting a preliminary policy proposals, reviewing policy drafts with concerned groups, presenting new and revised policies to the Board for consideration and action, policy dissemination, policy evaluation and the continuous maintenance of the Board policy manual.
The board considers policy development one of its chief responsibilities. Proposals regarding policy may originate with a member of the Board, the executive director, staff members, parents, students, consultants, civic groups or other residents of the service area. A careful and orderly process shall be used in examining such proposals prior to action on them by the Board. The Board shall take action after hearing the recommendations of the executive director and the viewpoints of persons and groups affected by the policy.
The policies of the board are framed and meant to be interpreted in terms of state law and regulation and other regulatory agencies within state and federal levels of government.
Policy adoption
Adoption of new policies or the revision or repeal of existing policies is solely the responsibility of the Board of Directors.
The Board shall adhere to the following procedure in considering and adopting policy proposals to ensure that they are well examined before final adoption.
First meeting – the proposal shall be presented for first reading, discussion and first vote.
Second meeting – the proposal shall be presented for a second reading, discussion and final vote.
During discussion of a policy proposal, the views of the public and staff will be considered.
Amendments may be proposed by Board members. An amendment shall not require that the policy go through an additional reading except as the Board determines that the amendment needs further study and that an additional reading would be desirable.
Under unusual circumstances, the Board may temporarily approve a policy to meet emergency conditions. However, the above procedure is required before the policy shall be considered permanent.
In addition, the Board shall establish procedures to waive policies to facilitate the attainment of program level goals.
Policy revision and review
In an effort to keep its written policies up to date, the Board shall review its policies on a continuing basis.
The executive director is given the continuing commission of calling to the Board’s attention all policies that are out of date or for other reasons appear to need revision. Policy revision shall be accomplished in the same manner as policy adoption.
The Board directs the executive director to recall all policy and regulation manuals periodically for administrative updating and Board review.
Board review of regulations
The Board reserves the right to review regulations issued by the administration at its discretion, but it shall revise or veto such regulations only when, in the Board’s judgment, they are inconsistent with policies and regulations adopted by the Board. The Board shall be provided with copies of all agency-wide regulations issued by the administration.
Regulation shall be officially approved by the Board when this is required by state or federal law or when strong community, staff or student attitudes make it advisable for the regulations to have Board approval.
Before issuance, regulations shall be the properly titled and coded as appropriate to the policy codification system selected by the Board.
Policy communication/feedback
The executive director is directed to establish and maintain an orderly plan for preserving and making accessible the policies adopted by the Board and the regulations needed to put them into effect.
Accessibility is to extend to at least all employees of the agency, to members of the Board and, insofar is conveniently possible, to all persons in the service area.
The Board shall evaluate how the policies have been executed by staff and it shall weigh the results. It shall rely on the staff, students and community for providing evidence of the effect of the policies which it has adopted.
All policy manuals distributed to anyone show remain the property of the agency and shall be considered as "on loan" to anyone or any organization in whose possession they might be at any time. They are subject to recall at any time for updating.
The Board’s policy manual is a public record and shall be open for inspection at the administrative offices of the agency.
Administration and policy absence
In cases when action must be taken and the Board has provided no guides in policy for such action, the Executive Director shall have the power to act.
The director’s decision, however, shall be subject to review by the Board at its next regular meeting. It shall be the duty of the executive director to inform the Board promptly of such action and of the need for policy.
Suspension/repeal of policy
In the event of special circumstances, the operation of any section or sections of
Board policies, including those governing its own operating procedures, may be temporarily suspended by a majority vote of the board members present at any regular or special meeting. This, however, does not apply to any section of Board policies that may be established by law or by contract.
Policy repeal shall be accomplished in the same manner as policy adoption.
Adopted: 1995
Revised: January 20, 1999
LEGAL REFS.: C.R.S. 22-32-109 (1)(a-c),(w),(y),(I)
C.R.S 22-32-110 (2),(3),(4)
C.R.S. 22-33-104 (4)
Board members shall receive no compensation for their services. However, upon submitting vouchers and supporting bills for expenses incurred in carrying out specific services previously authorized by the Board, Board members may be reimbursed from agency funds.
Such expenses may include the cost of attendance at conferences of school boards associations and other professional meetings/visitations when such attendance and expense payment has had prior Board approval.
The Board shall purchase liability insurance and errors-and-omissions insurance to protect its members individually and collectively for claims made against them as a result of their membership on the Board.
Adopted: January 20, 1999
Revised: September 17, 2003
LEGAL REFS.: C.R.S. 22-12-101 et seq. (Teacher and School Administrator Protection Act also limits liability of school board members)
C.R.S. 22-32-104 (5) (board member compensation)
C.R.S. 22-32-110 (1)(n), (u) (power to provide necessary expense)
C.R.S. 24-10-102 et seq. (governmental immunity)
C.R.S. 24-18-104 (3)(d), (e) (reimbursements are not considered gifts)
20 USC 2361 through 2368 (Coverdell Teacher Protection Act contained in No Child Left Behind Act of 2001 limits the liability of school board members)
The agency shall maintain membership in The Colorado Association Of School Boards. Through its membership in this organization it is an indirect member of the National School Boards Association. The Board, its members, and the Executive Director shall actively participate in the activities of these in organizations insofar as possible.
The agency shall hold institutional memberships in such other educational associations and groups as approved by the Board, except that it shall not belong to any organization or association that would prohibit a student’s participation in any school or interscholastic school activity based upon the students participation in lawful activities during out-of -school hours and off of school property.
Adopted: January 20, 1999
LEGAL REF.: C.R.S. 22-32-110 (1)(n)
C.R.S. 22032-116.5 (1)(c)