Conducting Board Meetings in Full Compliance with Parliamentary Procedures Jay Worona Deputy Executive Director & General Counsel New York School Boards Association

Conducting Board Meetings in Full Compliance With Parliamentary Procedures Jay Worona Deputy Executive Director & General Counsel New York School Boards Association

Legal Status of a School Board

A school board is a corporate body that oversees and manages a public school district’s affairs, personnel and properties. This includes boards of cooperative educational services (BOCES). As a corporate body, a school board is a legal entity that has an existence distinct and apart from its individual members. As such, it has the capacity for continuous existence without regard to changes in its membership. In general, the legality of a school board’s contracts, policies and resolutions do not depend on its individual members.

1 Authority of School Boards

The purpose and authority of a school board are found in New York’s Education Law and other state laws applicable to municipal corporations and public officers. However, “[a] board of education has no inherent powers and possesses only those powers expressly delegated by statute or necessarily and reasonably implied there from.”

Authority of Individual Members

Board members have the right to express personal views about issues pending before the board but they must clearly distinguish their personal views from those of the board and thus, NOT speak on behalf of the board unless expressly delegated such authority.

2 Authority of School Boards

As a corporate body, a school board must transact business by adopting resolutions or motions at a duly convened meeting. A duly convened meeting requires that a quorum of the board be present at the meeting. A majority of the board (more than half) constitutes a quorum. For example, three members in a five member board constitute a quorum of that board, and four members constitute a quorum in a seven member board. School board meetings must be conducted in accordance with the requirements of the Open Meetings Law, which is applicable to all public bodies.

Open Meetings Law

Meeting notice requirements are set by statute Boards must post records to be discussed at meeting to website and provide copies (if requested) of: – Any records to be discussed which would be available pursuant to a Freedom of Information Law request. – Any proposed resolution, law, motion, or any amendment thereto.

3 District Records

FOIL- grants public access to district records (examine or request copies) Record: any information kept, held filed, produced by with or for the district in any physical form whatsoever Only existing records subject to disclosure – Don’t have to create new records – Manipulation of computer data in response to request will not be considered “creating” a new record unless it involves significant expense 4

Open Meetings Law (OML)

The OML applies to: – Board meetings, work sessions and planning meetings – Committees consisting solely of Board members – Committees performing gov’t function OML does not apply to: – Casual encounters or developmental retreats

4 Executive Sessions

Requires majority vote of Board to enter Board may invite guests – No formal vote needed, do not have to identify guests in motion to enter Only remain for segment in which asked to participate

Executive Sessions

Most frequently used reasons for public entities to enter executive session: – Discussions involving proposed, pending or current litigation – Medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of particular person or corporation, e.g. the evaluation of the superintendent.

5 Confidentiality

Members must keep confidential information acquired by them in their duties (e.g. personnel matters discussed in executive session).

Public Participation at Meetings

Rules for maintenance of order on school property apply to attendance at meetings For public comment periods: – The board can set time limits, limit subjects, determine place on agenda for comment Meeting rooms must be of adequate size to accommodate members of public who wish to observe Public has right to record meetings for broadcast by audio or video means

6 Public Participation at Meetings

Generally, members of the public wishing to address the board during open public comment will comply with the specific times and procedures applicable to public comments during meetings. The President should review the procedures and rules for public participation prior to each session.

Public Participation at Meetings

During the public comment period of the meeting, board members will listen to comments, but, generally only the chair, as the designated spokesperson, will respond if a response is necessary. Responses may limited to: a. Correcting misstatements of fact presented by the speaker; b. Referring the speaker to applicable board policy which relates to his or her comments; c. Placing an item on a future agenda for discussion, if the board agrees.

7 Public Participation at Meetings

Members of the public will be cautioned that personnel matters and individual student matters are not proper subjects for public comment. If a speaker’s comments reflect a complaint about personnel, the chair will prohibit the speaker from continuing and refer him/her to the appropriate complaint policy.

Are Boards Required to Follow Parliamentary Procedure? Neither the education nor Open Meetings Laws require the use of a specific form of parliamentary procedure for the conduct of school board meetings. However, boards may have adopted by policy the use of a form of parliamentary procedure, such as Robert’s Rules of Order.

(See Appeal of McKenna, 42 Ed Dept Rep 54 (2002); Appeal of Rosenkranz, 37 Ed Dept Rep 330 (1998); Appeal of Bode, 33 Ed Dept Rep 260 (1993))

8 Votes Required to adopt Resolutions

A school board’s resolutions and motions must be adopted by a majority of the whole board, not simply a majority of those board members present at a meeting. For example, if a board has five members and three are present at a meeting, all three would have to vote in favor of a resolution for it to pass; a two-to-one vote would not be sufficient. Under certain circumstances (as set forth by statute), a supermajority, rather than a majority, of the board is required for certain specified actions. A school board may not impose a supermajority requirement upon itself through board policy. Such supermajority requirements may only be imposed by state law.

Votes Required to adopt Resolutions- Examples State law dictates a supermajority of a school board is required in order to take the following types of action: employing or appointing to tenure a teacher who is a relative of a school board member either by blood or marriage (2/3 vote required). determining that standardization on a particular type of equipment or supplies is in the best interest of the district (3/5 vote required). discontinuing a designated textbook within five years of adoption (3/4 vote required).

9 Votes Required to adopt Resolutions- Examples placing a proposition before the voters for an object or purpose for which bonds may be issued, such as a capital project (3/5 vote required). Note: This would be the case where bond counsel requires that the board approve the bond resolution prior to going to the voters for approval of the capital project. Otherwise a majority vote would be sufficient. employing a school board member as school physician (2/3 vote required). making an emergency expenditure from the district’s repair reserve fund (2/3 vote required).

Parliamentary Procedure

• Definition – Correct rules for conducting or running a successful meeting

10 Parliamentary Procedure

• 3 goals of Parliamentary Procedure – Make meetings run smoothly in sync with time constraints that Boards operate under – Assure everyone gets to voice their opinion – Maintain order

Parliamentary Procedure

Parliamentary Procedures should be used to provide decorum to meetings, not for purposes of obstructing democracy. Everyone gets the chance to voice their opinion Everyone gets the chance to Vote – Must take yes and no votes – Anyone who doesn’t vote is abstaining “10 in favor, 4 opposed, and 2 abstaining”

11 Parliamentary Procedure

Started in 1562 in England with Sir Thomas Smyth writing down the procedures for carrying on the business of the Parliament. The Official Rule Book is Robert’s Rules of Order written by U.S. Army General and engineer Henry Martyn Roberts. First published in 1876 and still the most popular authority.

Parliamentary History

• Quorum – 1/2 of members of the Board plus 1 – Minimum number of members that must be present at a meeting for legal business to be transacted

12 Parliamentary History

• Majority under Roberts Rules of Order – 1/2 of members present at any meeting plus 1 is the minimum number of members required to vote for a motion to pass SPECIAL NEW YORK STATE RULES Although Robert’s Rules of Order defines a majority of those members present and voting, New York State Law sets forth a majority of the entire body, not simply those present is required for the body to take official action.

Parliamentary Procedure

• Presiding Officer referred to as: – Mr./Madam President – Mr./Madam Chairperson

13 Parliamentary Procedure

• Everyone gets the chance to voice their opinion • Everyone gets the chance to Vote – Must take yes and no votes – Anyone who doesn’t vote is abstaining “10 in favor, 4 opposed, and 2 abstaining”

Parliamentary Procedure

• Only one topic at a time can be discussed • Whoever makes a motion has the right to discuss it first

14 Debate

Arguing for or against a motion

Debate

• Good debate:

– Is directed to the chairperson, not another speaker – Uses facts and new points to support their discussion, not repeating others – Has to be about whatever is currently up for discussion

15 The President Shall:

– Allow each board member to speak on each issue being considered. It is the president’s responsibility to manage time. – Ensure that before a member is allowed to speak to an issue for a second time, each member who has not spoken is provided an opportunity. – Ensure that discussion pertains to the current agenda item being addressed and halt discussion that does not apply to the business at hand. The President may ask if the issue should be placed on a future agenda for discussion and, if so, direct the district clerk to make a note to do so.

Motions vs. Resolutions

Motions should be used for getting basic Board business done. • Examples of Common Motions: – Motion to approve minutes from the calendar and business meetings on such and such date – Motion to hold a legislative breakfast on x date

16 Voting

Voting will be by show of hands, roll call or voice. Generally, each board member will exercise his or her right and obligation as an elected or appointed official to participate in deliberations and vote on each item brought before the board. Board members will bear in mind that it is not helpful to repeat points that have already been made. Reasonable effort will be made to balance the need to express one’s opinion with the goal of conducting an efficient and effective public meeting.

ROUND ONE

Getting Started

17 Type of Motion: Main Main Motion

• Used to introduce an idea Interrupt? NO to the group – Must start with “I MOVE . . Second? YES .”

– Cannot be negative Amend? YES

• Example: “I move we buy Debate? YES Jay Worona a car.”

Vote? Majority

18 Round Two

Changin’ it Up

Type of Motion: Subsidiary Postpone Indefinitely

• Purpose: to kill a main Interrupt? NO motion – Can only make when the main Second? YES motion is being discussed

– Argue against the main motion Amend? NO in your debate

Debate? YES • Example: “I move to postpone this matter indefinitely.” Vote? Majority

19 Type of Motion: Subsidiary Amendment

• Purpose: change the current Interrupt? NO motion – Must start with “I MOVE TO Second? YES AMEND . . . ”

– Cannot change intent of motion Amend? YES

• Example: “I move to amend by Debate? YES striking ‘car’ and inserting

‘chicken.’” Vote? Majority

Type of Motion: Subsidiary Amendment

• Purpose: change the current Interrupt? NO motion – Must start with “I MOVE TO AMEND Second? YES . . .”

– Cannot change intent of motion Amend? YES • Example: “I move to amend by

striking ‘red’ and inserting ‘blue.’” Debate? YES

Vote? Majority

20 Type of Motion: Subsidiary Amend to Amendment

• Purpose: change the current Interrupt? NO amendment

– Must start with “I MOVE TO AMEND the Second? YES amendment . . .” – Can only change the amendment, not Amend? NO the original motion • Example: “I move to amend the amendment by inserting the word Debate? YES ‘shiny’ in front of blue.” Vote? Majority

Round Three

Doing more stuff

21 Type of Motion: Subsidiary Refer to Committee

• Purpose: give current topic to a Interrupt? NO committee to research further

– Must assign committee and give them a Second? YES job to do

Amend? YES • Example: “I move to refer this to a committee appointed by the chair to Debate? YES research and report back at the next Board meeting.” Vote? Majority

Type of Motion: Subsidiary Postpone Definitely

• Purpose: to put the vote off to a Interrupt? NO different time – Must specify when you are postponing Second? YES it to – Should be a regularly scheduled Amend? YES meeting • Example: “I move to postpone this Debate? YES matter to the September Board meeting.” Vote? Majority

22 Type of Motion: Subsidiary Lay on the Table

Interrupt? NO • Purpose: to put the current matter aside – You MUST have more important Second? YES business to discuss if you move this – Can take from the table later Amend? NO • Example: “I move to lay this matter on the table.” Debate? NO

Vote? Majority

Type of Motion: Subsidiary Take from the Table

• Purpose: to bring up an earlier- Interrupt? NO tabled topic Second? YES • Example: “I move to take the motion that reads ‘to buy a car’ Amend? NO from the table.” Debate? NO

Vote? Majority

23 Type of Motion: Subsidiary Limit/Extend Debate

• Purpose: set rules for how much debate Interrupt? NO can happen – Either time limit OR Second? YES – Number of speakers • Example: – “I move to limit debate to 5 minutes for this Amend? YES topic.” – “I move to have three speakers for and three speakers against this motion.” Debate? NO

Vote? 2/3

Round Four

Getting Down to Business

24 Type of Motion: Subsidiary Previous Question

• Purpose: to end discussion and Interrupt? NO force a vote – Can be for just the item being discussed now Second? YES OR – Be for all items that are pending Amend? NO • Example: – “I move previous question.” Debate? NO – “I move previous question on all pending business.” Vote? 2/3

Type of Motion: Incidental Suspend the Rules

• Purpose: allow you to break Interrupt? NO parliamentary rules or constitution for a short time Second? YES

• Example: Amend? NO – “I move to suspend the rules . . .” Debate? NO

Vote? 2/3

25 Type of Motion: Incidental Modify/Withdraw a Motion

• Purpose: allows maker to take Interrupt? YES back their motion – No vote required if chair has not Second? * stated the motion

– *Majority vote if it has already been Amend? NO stated and one person objects to the withdraw Debate? NO • Example: – “M. Chairperson, I withdraw my motion.” Vote? *

Type of Motion: Incidental Division of the House

Interrupt? YES • Purpose: calls for a hand vote if someone has a question over a voice vote Second? NO

Amend? NO • Example: – “I call for a division of the house.” Debate? NO

Vote? NO

26 Type of Motion: Privileged Adjourn

• Purpose: to end the meeting! Interrupt? NO

Second? YES

• Example: Amend? NO – “I move to adjourn.”

Debate? NO

Vote? Majority

Round Five

Someone messed up. Now what?

27 Type of Motion: Incidental Point of Order

• Purpose: to correct a Interrupt? YES parliamentary error – Can be called on any person Second? NO – Always directed to the chair – Chair will decide if “Point well taken” or “Point not well taken” Amend? NO

• Example: Debate? NO – “Point of Order. Mr. Chairman, there was no second for that motion.” Chair Vote? Decides

Type of Motion: Incidental Appeal

Interrupt? YES • Purpose: to reverse the chair’s decision if the chair is in error Second? NO – Chair must allow appeal – Chair gives explanation – Goes to vote to “uphold the Amend? NO decision of the chair”

Debate? YES • Example: – “I appeal the decision of the chair.” Vote? Majority

28 Type of Motion: Privilege Question of Privilege

Interrupt? YES • Purpose: to ask for something that will help the meeting go more smoothly Second? NO – Change temperature – Have others speak up Amend? NO – Explain a motion, etc.

Debate? NO • Example: – “Question of privilege, Ms. Chair Vote? Chairman.” Decides

Type of Motion: *** Reconsider

Interrupt? NO • Purpose: to reevaluate an earlier decision, usually a no-vote Second? YES – Time limits apply – Only made by someone on the winning side Amend? NO • Example: – “I move to reconsider the motion to Debate? YES buy Jay Worona a car.”

Vote? Majority*

29 Type of Motion: *** Rescind

• Purpose: to reconsider an earlier Interrupt? NO vote Second? YES • Example: – “I move to reconsider the vote to Amend? YES buy the car.”

Debate? YES

Vote? Majority* !

ADJOURN!

That means:

For now.