Policy 202: Specific Duties of the Board

202.1 Code of Ethics:
AS A SCHOOL BOARD MEMBER: 
I will listen. 
I will respect the opinion of others. 
I will recognize the integrity of my predecessors and associates and the merit of their work. 
I will be motivated only by an earnest desire to serve my district and the children of my community in the best possible way. 
I will not use the schools or any part of the school program for my own personal advantage or for the advantage of my friends or supporters. 
I will vote for a closed session of the board if the situation requires it, but I will consider secret sessions of board members unethical. 
I will recognize that to promise in advance of a meeting how I will vote on any proposition, which is to be considered, is to close my mind and agree not to think through others facts and points of view, which may be presented in the meeting. 
I will expect, in board meetings, to spend more time on educational programs and procedures than on business details. 
I will recognize that authority rests with the board in legal session, and not with individual members of the board, except as authorized by law. 
I will make no disparaging remarks, in or out of the board meeting, about other members of the board or their opinions. 
I will express my honest and most thoughtful opinions frankly, in board meetings, in an effort to have all decisions made for the best interests of the children and the schools. 
I will insist that all members of the board participate fully in board action, and recommend that when sub-committees are appointed, they serve only in an advisory capacity. 
I will abide by majority decisions of the board. I will carefully consider petitions, resolutions, and complaints, and will act upon them in the best interests of the schools. 
I will not discuss the confidential business of the board in my home, on the street, or in my office; the place for such discussion being the school board meeting. 
I will endeavor to keep informed on all local, state, and national educational developments of significance so that I may become a better school board member. 
I will be knowledgeable of the district’s mission statement, beliefs and essential learning’s.  
IN MEETING MY RESPONSIBILITY TO MY COMMUNITY
I will consider myself a trustee of public education and will do my best to protect it, conserve it, and advance it, giving to the children of my community the educational opportunities that are as complete and adequate as it is possible to provide. 
I will consider it an important responsibility of the board to interpret the aims, methods and attitudes of the schools to the community. 
I will earnestly try to interpret the needs and attitudes of the community and do my best to translate them into the educational program of the schools. 
I will attempt to procure adequate financial support for the district’s programs. 
I will represent the entire district rather than individual electors, patrons, or groups. 
I will not regard the schools as my own private property, but as the property of the people.   
IN MY RELATIONSHIP WITH SUPERINTENDENT AND STAFF
I will function in meeting the legal responsibility that is mine, as a part of a legislative, policyforming body, not as an administrative officer. I will recognize that it is my responsibility, together with that of my fellow board members, to see that the schools are properly run - not to run them myself. 
I will expect the schools to be administered by the best-trained technical and professional people it is possible to procure. 
I will recognize the superintendent as executive officer of the board. 
I will work through the administrative employees of the board, not over or around them. 
I will expect the superintendent to keep the school board adequately informed through oral and written reports. 
I will vote to employ personnel only after the recommendation of the superintendent has been received. 
I will insist that contracts be equally binding on the employee and the school board. 
I will give the superintendent power commensurate with the position’s responsibility. 
I will give the superintendent friendly counsel and advice. I will present any personal criticism of employees to the superintendent. 
I will refer complaints to the proper administrative officer.    
TO COOPERATE WITH OTHER SCHOOL BOARDS
I will not employ a superintendent, principal, or teacher who is already under contract with another school without first securing assurance from the proper authority that the person can be released from contract. 
I will consider it unethical to pursue any procedure calculated to embarrass a neighboring board or superintendent. 
I will not recommend an employee for a position in another school unless I would employ the individual under similar circumstances. 
I will answer all inquiries about the standing and ability of an employee to the best of my knowledge and judgment, with complete frankness. 
I will network with school board members of other districts.   

Date of Adoption:  December 9, 1969 

Reviewed:  Feb. 10, 1992; May 11, 1998; Dec. 11, 2000; Oct. 11, 2004; April 14, 2008; Nov. 12, 2012; Mar. 13, 2017; Feb. 10, 2020; Feb. 13, 2023

Amended:  June 9, 1986; February 10, 1992; June 15, 1998

 
202.2 Qualifications:
Serving on the board of directors is an honor and privilege.  Its rewards are respect from the community, students, and employees and the satisfaction from knowing each board member contributed to the success of the children in the school district community.  Only those who are willing to put forth the effort to care and to make a difference should consider running for a position on the board. 
Individuals who are willing to serve on the board should believe public education is important, support the democratic process, willingly devote time and energy to board work, respect educators and have the ability to examine the facts and make a decision.  The board believes an individual considering a position on the school board should possess these characteristics. 
Citizens wanting to run for a position on the board must be a citizen of the school district, an eligible elector of the district and free from a financial conflict of interest with the position. 

Legal Reference: Iowa Code §§ 63; 68B; 277.4, .27; 279.7A (2003). 

Date of Adoption: October 11, 2004     

Reviewed:  April 14, 2008; Nov. 12, 2012; Mar. 13, 2017; Feb. 10, 2020; Feb. 13, 2023

Amended:

 
202.3 President:
The President of the Board of Directors shall preside at all of its meetings, sign warrants and all orders drawn upon the Treasurer, as provided by law, sign all contracts made by the Board, and appear on behalf of this corporation in all actions brought by or against it, unless individually a party, in which case this duty shall be performed by the Secretary.   
 

The Board President is authorized to create and affix an electronic signature for the execution of authorized electronic records and contracts.  The signature shall be an electronic sound, symbol or process attached to or logically associated with the record and executed or adopted with the intent to sign.  This electronic signature shall satisfy the legal requirements in the law where a signature is required.

 

The president of the board is elected to serve a one-year term by a majority vote at the organizational meeting in odd-numbered years, or, in even-numbered years, at a regular meeting held between twelve to thirteen months after the most recent organizational meeting.


  

Legal Reference:  (Code of Iowa) Chapter  279.1; 279.2    

Date of Adoption:  January 21, 1972  

Reviewed:  Feb. 10, 1992; Dec. 11, 2000; Oct. 11,2004; April 14, 2008; Nov. 12, 2012; Mar. 13, 2017;  Dec. 9, 2019; Feb. 10, 2020; Feb. 13, 2023

Amended:  Dec. 9, 2019; Feb. 13, 2023

 

202.4 Vice President:
The Vice-President shall serve in the absence of the President and shall perform such other duties as may be assigned by the President or Board of Directors.  

The Vice-President of the board is elected by a majority vote at the organizational meeting of in odd-numbered years, or, in even-numbered years, at a regular meeting held between twelve to thirteen months after the most recent organizational meeting, to serve a one-year term of office.

 

By this election, if the board president is unable or unwilling to carry out the duties required, it is the responsibility of the Vice-President of the board to carry out the duties of the president. If the president is unable or unwilling to complete the term of office, the vice-president will serve as president for the balance of the president's term of office, and a new vice-president will be elected.

 
 

Legal Reference:  (Code of Iowa) Chapter 279.5  

Date of Adoption:  January 21, 1972  

Reviewed:  Feb. 10, 1992; Dec. 11, 2000; Oct. 11, 2004; April 14, 2008; Nov. 12, 2012; Mar. 13, 2017; Feb. 10, 2020; Feb 13, 2023

Amended:    Feb. 13, 2023

 
202.5 Secretary- Treasurer:
A board secretary-treasurer may be appointed from employees, other than a position requiring a teaching certificate, or from the public.  To finalize the appointment, the board secretarytreasurer will take the oath of office during the meeting at which the individual was appointed or no later than ten days thereafter. It is the responsibility of the superintendent to evaluate the board secretary-treasurer annually.] 
It is the responsibility of the board secretary-treasurer, as custodian of school district records, to preserve and maintain the records and documents pertaining to the business of the board; to keep complete minutes of special and regular board meetings, including closed sessions; to keep a record of the results of regular and special elections; to keep an accurate account of school funds; to sign warrants drawn on the school funds after board approval; and collect data on truant students.  The board secretary-treasurer will also be responsible for filing the required reports with the Iowa Department of Education. 
In the event the board secretary-treasurer is unable to fulfill the responsibilities set out by the board and the law, the superintendent will assume those duties until the board secretarytreasurer is able to resume the responsibility or a new board secretary-treasurer is appointed.  The board secretary-treasurer will give bond in an amount set by the board.  The cost of the bond will be paid by the school district.   

Legal Reference:  Iowa Code §§ 12B.10; 12C; 64; 277.27; 279.3, .5, .7,   31-.33, .35; 291.2-.4, .6-.15; 299.10, .16 (2001).  281 I.A.C. 12.3(1).   1978 Op. Att'y Gen. 328.     

Date of Adoption:  January 21, 1972   

Reviewed:  Feb. 10, 1992; Dec. 11, 2000; April 14, 2008; Nov. 12, 2012; Mar. 13, 2017; Feb. 10, 2020 ; Feb. 13, 2023

Amended:  January 8, 1980; June 9, 1986; October 11, 2004

 
202.6 Conflict of Interest:

 

Board members must be able to make decisions objectively.  It is a conflict of interest for a board member to receive direct compensation from the school district, unless exempted in law or policy, for anything other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of official duties.  A board member will not act as an agent for school textbooks or school supplies including sports apparel or equipment, in any transaction with a director, officer, or other staff member of the school district during the board member’s term of office.  It will not be a conflict of interest for board members to receive compensation from the school district for contracts for the purchase of goods or services which benefits a board member, or to compensation for part-time or temporary employment which benefits a board member, if the benefit to the board member does not exceed $6,000 in a fiscal year or if the contracts are made by the board, upon competitive bid in writing, publicly invited and opened.

 

The conflict of interest provisions do not apply to a contract that is a bond, note or other obligation of a school corporation if the contract is not acquired directly from the school corporation, but is acquired in a transaction with a third party, who may or may not be the original underwriter, purchaser, or obligee of the contract, or to a contract in which a director has an interest solely by reason of employment if the contract was made by competitive bid, in writing, publicly invited and opened, or if the remuneration for employment will not be directly affected as a result of the contract and duties of employment do not involve any of the preparation or procurement of any part of the contract.  The competitive bid section of the conflict of interest provision does not apply to a contract for professional services not customarily awarded by competitive bid.

 

It will also be a conflict of interest for a board member to engage in any outside employment or activity which is in conflict with the board member’s official duties and responsibilities.  In determining whether outside employment or activity of a board member creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist includes, but are not limited to, any of the following:

 

(1)     The outside employment or activity involves the use of the school district’s time, facilities, equipment and supplies or the use of the school district badge, uniform, business card or other evidence of office to give the board member or member of the board member’s immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public.  For purposes of this section, a person is not “similarly situated” merely by being related to a board member.

(2)     The outside employment or activity involves the receipt of, promise of, or acceptance of money  or other consideration by the board member or a member of the board member’s immediate family from anyone other than the state or the school district for the performance of any act that the board member would be required or expected to perform as part of the board member’s regular duties or during the hours in which the board member performs service or work for the school district.

(3)     The outside employment or activity is subject to the official control, inspection, review, audit, or enforcement authority of the board member, during the performance of the board member’s duties of office or employment.

 

If the outside employment or activity is employment or activity in (1) or (2) above, the board member must cease the employment of or activity.  If the activity or employment falls under (3), then the board member must:

 

BOARD OF DIRECTORS’ CONFLICT OF INTEREST

 

  • Cease the outside employment or activity; or;
  • Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity. Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, determining the facts or law in a contested case or rulemaking proceeding, conducting any inspection, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.

 

When procurement is supported by Federal Child Nutrition funds, board members will not participate in the selection, award, or administration of a contract if there is a real or apparent conflict of interest in the contract.  Contract, for purposes of this paragraph, includes a contract where the board member, board member’s immediate family, partner, or a non-school district employer of these individuals is a party to the contract.

 

It is the responsibility of each board member to be aware of and take the action necessary to eliminate a potential conflict of interest should it arise.

 

 

Legal Reference:          22 C.F.R. § 518.42.

Iowa Code §§ 68B; 71.1; 277.27; 279.7A; 301.28.

                                   

Date of Adoption:  January 21, 1972  

Reviewed:  Feb. 10, 1992; Dec. 11, 2000; Oct. 11, 2004; April 14, 2008; Nov. 12, 2012; Mar. 13, 2017; Aug. 12, 2019; Feb. 10, 2020; Feb. 13, 2023

Amended:  Aug. 12, 2019