9000 Policy

Article 9 BYLAWS OF THE BOARD (Series 9000)

TABLE OF CONTENTS

PAGE

A. Board Authority

1. General Statement .............................................................................................................. 9000

2. Limits of Authority ............................................................................................................ 9010

B. Board Members

1. Legal Description ............................................................................................................... 9100

2. Number of Members, Terms of Office ......................................................................... 9110

3. Officers .................................................................................................................................. 9120

a. President ................................................................................................................... 9121

b. Vice-President ........................................................................................................ 9122

c. Treasurer ................................................................................................................... 9123

d. Secretary .................................................................................................................. 9124

e. Attorney .................................................................................................................... 9125

f. Auditor ...................................................................................................................... 9126

g. Individual Members .............................................................................................. 9127

h. Remuneration and Reimbursement .................................................................. 9130

i. Removal From Office .......................................................................................... 9140

C. Bylaws, Policies and Regulations

1. Formulation, Adoption, Amendment of Policies........................................................ 9200

2. Adoption and Amendment of Bylaws ........................................................................... 9210

3. Approval and Amendment of Administrative ............................................................. 9220

Regulations

4. Suspension of Policies, Bylaws and Regulations ....................................................... 9230

D. Meetings

1. Regular Meetings ................................................................................................................. 9300

2. Special Meetings .................................................................................................................. 9301

3. Advance Delivery of Meeting Materials ....................................................................... 9310

4. Order of Business ................................................................................................................ 9320

5. Parliamentary Procedure .................................................................................................... 9330

6. Minutes ................................................................................................................................... 9340

7. Voting...................................................................................................................................... 9341

8. Methods of Operation/Quorum........................................................................................ 9350

9. Board/School District Records ........................................................................................ 9360

10. Open Sessions .................................................................................................................. 9370(a)

11. Closed Sessions .............................................................................................................. 9370(b)

E. Committees

Temporary and Special Board Committees ............................................................................................. 9400

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Article 9 BYLAWS OF THE BOARD Policy No. 9000

Bylaws of the Board - Board Authority

General Statement

Bylaws are rules or procedures adopted by the board to govern its internal operations. The use of

such guidelines or bylaws helps the board to comply with the responsibility and duties delegated

to it by law and by the local electorate, in an efficient and effective manner.

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9010

Bylaws of the Board - Board Authority

Limits of Authority

The Board of Education is the unit of authority. Apart from the normal function as part of the

unit, a board member has no individual authority. Individually, the board member may not

commit the district to any policy, act or expenditure.

No individual member of the board shall exercise any administrative responsibility with respect

to the schools.

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9100

Bylaws of the Board - Board Members

Legal Description

The corporate name of this school district shall be:

Furnas County School District #33-0540, and shall also be known as the Southern

Valley Schools.

Legal Reference:

§79-405

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9110

Bylaws of the Board - Board Members

Number of Members, Terms of Office

The Board of Education shall consist of six (6) members elected at large by the qualified voters

of the school district in a manner prescribed by law under the provisions pertaining to a Class III

school district in the statutes of the State of Nebraska.

The terms of office for board members shall be four (4) years and will begin on the first

Thursday after the first Tuesday in January.

Legal Reference:

§79-549

§79-550

§32-543

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9120

Bylaws of the Board - Board Members

Officers

1. Members of the school board will elect from among its members a president and vice

president.

2. There will also be an elected or appointed secretary who does not need to be a member of

the school board.

3. These officers shall be elected at the board's organizational meeting in January of each

year.

4. The Board of Education may employ a treasurer for the district at the January meeting

who shall be paid a salary from school district funds within the limits permitted by law,

in amounts to be fixed by the Board. A treasurer so employed shall not be a member of

the Board. A board member serving as treasurer shall not be compensated.

Legal Reference:

§79-520

§79-590

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9121

Bylaws of the Board - Board Members

President

1. The duties of the board president shall be to:

a. Preside at all meetings of the school board in accordance with Robert's Rules of

Order.

b. Countersign all orders upon the school treasury for funds to be disbursed by the

district.

c. Administer the oath to the secretary and treasurer when so required by law.

d. Other duties as the law may require.

2. The president has the right to vote on any issue that may come before the school board.

3. The president has the additional duty to maintain order at public meetings of the school

board.

4. The president must appear for and on behalf of the district in all suits brought by or

against the district.

5. The president shall appoint or provide for the election of all committees of the board,

unless otherwise directed by the board. The president shall be kept apprised of the

workings of all such committees.

6. The president may call special meetings of the board.

7. The president shall call special meetings of the board when requested by two (2) or more

board members.

Legal Reference:

'79-569

'79-570

'79-572

Date of Adoption: December 11, 2006

Updated June 13, 2016

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Article 9 BYLAWS OF THE BOARD Policy No. 9122

Bylaws of the Board - Board Members

Vice-President

The vice president shall perform the duties of the president in case of absence of the president. In

the case of the absence of both the president and vice-president, the remaining members shall

select a president pro tem to preside at the meeting.

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9123

Bylaws of the Board - Board Members

Treasurer

The treasurer shall be custodian of all money belonging to the school district, and shall perform

duties required by law or by the board.

Legal Reference:

§79-586

§79-587

§79-588

§79-590

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9124

Bylaws of the Board - Board Members

Secretary

The secretary shall perform duties required by law and such duties as the Board and

Superintendent may request.

Legal Reference:

§79-576

§79-577

§79-578

§79-524

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9125

Bylaws of the Board - Board Members

Attorney

The board may, at its discretion, appoint an attorney to perform desired legal services. The

attorney shall serve at the board's pleasure and be compensated at a mutually agreeable rate.

Legal Reference:

§79-513

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9126

Bylaws of the Board - Board Members

Auditor

The board will have an annual independent audit of the finances of the district. The board will

contract only with state approved auditors and their analysis and report will be in keeping with

state approved or accepted standards. This annual audit will be completed by November 5 of

each year.

Legal Reference: §79-1089

NDE Rule 1.3.05

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9127

Bylaws of the Board - Board Members

Individual Members

It is understood that the members of the Board have authority only when acting as a Board

legally in session. The Board shall not be bound in any way by any action or statement on the

part of any individual Board members, except when such statement or action is in pursuance of

specific, formal instructions from the Board.

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9130

Bylaws of the Board - Board Members

Remuneration and Reimbursement

Remuneration

A member of the Board of Education shall receive no compensation for services as a Board

member.

Reimbursement

1. Out-of-state travel. Board members authorized to attend educational conferences out of

state shall be reimbursed for reasonable expenditures in addition to transportation to and

from the destination and registration fees. Board members must have approval in advance

from the board of education.

2. In-state travel. Board members shall be granted reimbursement for reasonable

expenditures in addition to registration fees.

3. Mileage. All board members are authorized to be reimbursed for use of their personal

cars on board business at the prevailing rate.

Legal reference:

§79-520

§79-405

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9140

Bylaws of the Board - Board Members

Removal From Office

Any one (1) of the elected or appointed officers of the Board of Education may be removed from

office by a two-thirds (2/3rds) vote of the membership of the Board.

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9200

Bylaws of the Board - Bylaws, Policies and Regulations

Formulation, Adoption, Amendment of Policies

Policy proposals and suggested amendments to or revisions of existing policies shall normally be

submitted to all members of the Board of Education by the Superintendent in writing prior to a

regularly scheduled Board of Education meeting in which such proposed policies, amendments,

or revisions thereof shall be read and discussed.

Policies will be adopted or amended after consideration at two (2) meetings of the Board of

Education. The agenda and minutes shall be marked to indicate policy matters.

The formal adoption of policies shall be by majority vote of all members of the Board of

Education and the actions shall be recorded in the minutes of the Board of Education. Only those

written statements so adopted and so recorded shall be regarded as official policy.

Policies shall be reviewed at least every two (2) years or at such other periodic time periods as

may be required by law.

Reference: Robert's Rules of Order

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9210

Bylaws of the Board - Bylaws, Policies and Regulations

Adoption and Amendment of Bylaws

Proposed new bylaws and suggested amendments to or revisions of existing bylaws may be

adopted by a majority vote of ALL members of the Board during the second of two (2) regularly

scheduled meetings of the Board not less than four (4) weeks apart in the calls for which meeting

the proposed additions, amendments or revisions shall have been described in writing.

Legal Reference: 79-526

Reference: Robert's Rules of Order

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9220

Bylaws of the Board - Bylaws, Policies and Regulations

Approval and Amendment of Administrative Regulations

The Board does not adopt administrative regulations unless specifically required to do so by law,

or unless requested to do so by the Superintendent, or as required by negotiated agreements with

employee organizations, in which case, any such regulation shall become a part of any such

agreement and shall be subject to amendment as provided in any such agreement. Adoption and

amendment of such Board adopted regulations shall be by the same procedure as that specified

for policies at 9200.

The Board reserves the right to review and demand revisions of administrative regulations

should they, in the Board's judgment, be inconsistent with the policies adopted by the Board.

Legal Reference:

§79-526

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9230

Bylaws of the Board - Bylaws, Policies and Regulations

Suspension of Policies, Bylaws and Regulations

Policies and rules may be suspended unless in conflict with state law by a unanimous vote of all

Board members in attendance at any regular or special meeting.

Reference: Robert's Rules of Order

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9300

Bylaws of the Board - Meetings

Regular Meetings

The Board shall meet in regular session on the second Monday of each calendar month, unless

otherwise designated by the president with the approval of the Board. Such meetings shall begin

at 7:30 p.m.

All meetings shall be held in the boardroom at the Southern Valley School District Office unless

otherwise designated by the president with the approval of the Board.

Legal Reference:

§79-554

§79-555

§84-1401

Date of Adoption: August 14, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9301

Bylaws of the Board - Meetings

Special Meetings

A special meeting of the Board may be called by the president when in his opinion it is

necessary, or upon recommendation of the Superintendent of Schools, or any two (2) Board

members.

No business shall be transacted at any special meeting which does not come within the purpose

or purposes set forth in the call for the meeting unless it is of an emergency nature.

All meetings shall be held in the Southern Valley School District Office unless otherwise

designated by the president with the approval of the Board.

Special Board sessions may be adjourned to a definite date and time.

Legal Reference:

§79-554

§79-520

§79-555

84-1401

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9310

Bylaws of the Board - Meetings

Advance Delivery of Meeting Materials

The Board shall require the Superintendent to prepare an agenda which, with the minutes, shall

be delivered to the Board members by Friday prior to each regular monthly Board meeting.

Items not placed on the regular agenda may be shelved until the regular meeting on the following

month to provide the Board adequate time to research the item in question. All citizens in the

district boundary are permitted to place an item on the agenda. Those persons outside the district

may place an item on the agenda by permission of the President of the Board or the

Superintendent of Schools.

Legal Reference:

§79-520

Date of Adoption: December 11, 2006

Updated June 13, 2016

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Article 9 BYLAWS OF THE BOARD Policy No. 9320

Bylaws of the Board - Meetings

Order of Business

The following shall be the order of business for the regular meetings. The order of business may

be changed by consent of all members present.

1. Meeting call to order

2. Approval/Changes to Agenda

3. Consent Agenda

4. Reading and approval of minutes

5. Reading and approval board bills

6. Treasurer’s Report

7. Board Committee Reports

8. Administration’s Reports

9. Public Forum

10. Action Items

11. Discuss Items

12. Time/Date next meeting

13. Motion to Adjourn

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9330

Bylaws of the Board - Meetings

Parliamentary Procedure

The rules of parliamentary procedures as embodied in Robert's Rules of Order shall govern

the school Board in its deliberation when the issue in question is not covered by these policies

and bylaws.

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9340

Bylaws of the Board - Meetings

Minutes

The Board of Education shall keep minutes of all meetings showing the time, place, members

present and absent, and the substance of all matters discussed. The resignation of a Board

member or any other circumstance that results in a vacancy in office shall be made a part of the

minutes.

The minutes shall be prepared by the secretary immediately following the meeting, shall be

written, shall be available for inspection by the public and for distribution to the members of the

Board within ten (10) working days, or prior to the next convened meeting, whichever occurs

earlier, and shall be a part of the agenda for the next regular meeting at which time they shall be

corrected, if necessary, and approved.

The minutes shall be kept in the office of the superintendent and shall be public records and open

to public inspection during normal business hours.

The minutes may be kept as an electronic record.

Legal Reference:

§79-577

§79-555

§§ 84-1408-1414

Date of Adoption: December 11, 2006

Updated: July 13, 2015

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Article 9 BYLAWS OF THE BOARD Policy No. 9341

Bylaws of the Board - Meetings

Voting

Any action taken on any question or motion duly moved and seconded shall be by roll call vote

of the Board in open session, and the record shall state how each member voted, or if the

member was absent or not voting.

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9350

Bylaws of the Board - Meetings

Methods of Operation/Quorum

The Board of Education shall transact business only when it is in session, has a quorum present,

and minutes are kept. A majority of all members of the Board shall constitute a quorum.

Legal Reference:

§79-554

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9360

Bylaws of the Board - Meetings

Board/School District Records

Exceptions and Locations

The Board of Education and the Superintendent may withhold from the public those records in

their custody enumerated by law. Records which are open to inspection shall be available in the

office of the Superintendent.

Open Meetings Act Posting and Public Access to Board Records

The Board of Education accepts its responsibility to conduct its meetings in public and in

compliance with law. The Superintendent shall post at least one current copy of the Open

Meetings Act in the meeting room at a location accessible to members of the public. At the

beginning of each meeting the public shall be informed about the location of the posted

information by announcement of the Board President or Chairperson or via notice given in the

Agenda. The Superintendent and the Board secretary shall make available for examination and

copying by members of the public at least one copy of all reproducible written material to be

discussed at an open meeting except where the law specifically states that a matter is exempted

either temporarily or permanently from such disclosure.

Therefore, the Board of Education directs the Superintendent and the Board secretary, acting

jointly and cooperatively, to make easily available copies of the Board of Education policy

manual and the minutes of meetings of the Board of Education and its committees (except as

exempt by law). Minutes shall be made available within ten (10) days of the meeting reported;

policies shall be incorporated into the manual within thirty (30) days of adoption.

Legal Reference: §§84-1408 to 84-1414

§84-712

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9370(a)

Bylaws of the Board - Meetings

Open Sessions

Subject to the provisions of the public meeting law of the State of Nebraska and the policies of

the District, the public shall have the right to attend and the right to speak at meetings of the

Board except any part thereof held in closed session, and all or any part of a meeting of the

Board except that held in closed session may be recorded by any person in attendance by means

of a tape recorder or any other means of sonic reproduction or in writing.

The Board may make and enforce reasonable rules and regulations regarding the conduct of

persons attending its meetings and regarding their privilege to speak. The Board is not required

to allow citizens to speak at each meeting, nor may it forbid public participation at all meetings.

Any person or group may attend the regular or special meeting of the Board of Education. Undue

interruption or other interference with the orderly conduct of business cannot be allowed.

Defamatory or abusive remarks are always out of order. A speaker's privilege of address may be

terminated if he persists in improper remarks.

At a public meeting of the Board no person shall orally initiate charges or complaints against an

individual employee of the District or challenge instructional materials used in the District. All

such complaints, charges or challenges shall be presented to the Superintendent or Board in

writing and signed by the complainant. All such charges, if presented to the Board directly, shall

be referred to the Superintendent for investigation and report.

The Board is not obligated to act on any request unless the same has been submitted in writing to

the Superintendent or to the president of the Board sufficiently in advance to allow the same to

have been incorporated into the agenda for the meeting.

Date of Adoption: December 11, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9370(b)

Bylaws of the Board - Meetings

Closed Sessions

The Board of Education may hold a closed session by the affirmative vote of a majority of its

voting members if a closed session is clearly necessary for the protection of the public interest or

for the prevention of needless injury to the reputation of an individual and if such individual has

not requested a public meeting. Closed sessions may be held for, but shall not be limited to, such

reasons as: (a) strategy sessions with respect to collective bargaining, real estate purchases, or

litigation; (b) discussion regarding deployment of security personnel or devices; (c) investigative

proceedings regarding allegations or misconduct; or (d) evaluation of the job performance of a

person when necessary to prevent needless injury to the reputation of a person and if such person

has not requested a public meeting; provided, however a closed meeting shall never be held for

the purpose of discussing the appointment or election of a new member to the Board of

Education.

The vote to hold a closed session shall be taken in open session. The subject matter and the

reason necessitating the closed session shall be identified in the motion to close. The entire

motion, the vote of each member on the question of holding a closed session, and the time when

the closed session commenced and concluded shall be recorded in the minutes. If the motion to

close passes, then the presiding officer immediately prior to the closed session shall restate on

the record the limitation of the subject matter of the closed session. The Board shall restrict its

consideration of matters during the closed portions to only those purposes set forth in the motion

to close as the reason for the closed session. The meeting shall be reconvened in open session

before any formal action may be taken.

Any member of the Board shall have the right to challenge the continuation of a closed session if

the member determines that the session has exceeded the reasons stated in the original motion to

hold a closed session. Such challenge shall be overruled only by a majority vote of the members

of the public body. Such challenge and its disposition shall be recorded in the minutes.

The term "closed session" as used in the policies, regulations and Bylaws of the District shall

include within its meaning any "executive session" or "executive meeting" authorized or

prescribed by said policies, regulations and Bylaws, all of said terms being interchangeable.

Legal Reference: §§84-1407 to 84-1414

Date of Adoption: August 14, 2006

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Article 9 BYLAWS OF THE BOARD Policy No. 9400

Bylaws of the Board - Committees

Temporary and Special Board Committees

It shall be the responsibility of the President to appoint temporary and special committees

whenever necessary. The President shall outline the duties and responsibilities of each committee

at the time of appointment and serve as an ex officio member of the committee. Special

committees shall be considered dissolved upon submission of a final report.

Legal Reference:

§79-520

Date of Adoption: December 11, 2006

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