903.01

BY-LAWS OF THE BOARD

Annual Meeting

The annual meeting of the Board shall be a regular or special meeting held in July or August, prior to, or by August 15th.

The Board's Secretary and Treasurer shall be appointed for one-year terms from the date of appointment according to Chapter 279.3. Salaries and benefits for each officer shall be set and each officer shall qualify by taking the oath of office in the manner prescribed by Chapter 277.28 of the Code. Both shall be bonded to the amount set by the Board, but no less than that required in Chapter 291.2 of the Code. The District's legal counsel may also be appointed during this meeting.

At either the annual meeting held in July or August, prior to, or by August 15th, the Board must examine the financial books and settle the Secretary's and Treasurer's statements for the fiscal year ending the preceding June 30th.

At the annual meeting the Board shall designate by resolution, which shall be entered in the official minutes of the Board, the name and location of the bank or banks selected as the official school district depository. The Board shall also designate the maximum amount which may be kept on deposit in each bank.

• Legal References: Code of Iowa Chapter 277.28, 279.3, 291.2

• Cross Reference: Board Policy 302.12 Depository of Funds

• By action of the Board 12/13/76, 7/11/83; Revised 5/27/97; Revised 02/11/02

• Edited 02/02

903.02

BY-LAWS OF THE BOARD

Organizational Meeting

The organizational meeting of the Board shall be held at the first regular meeting following the canvass of the election as provided by law. (Ordinarily, this will be at 7:00 PM the Monday following the second Tuesday in September.)

A President and Vice President shall be elected at this meeting to serve for a term of one year.

At the organizational meeting of the Board, the Board shall be called to order by the immediate Past-President. In the event that person is no longer a member of the Board, the Secretary shall act as temporary chairperson.

The first order of business shall be to swear into office any new members unless they have been so sworn previously. The Board then shall elect a President and Vice President from its membership.

• Legal Reference: Code of Iowa Chapter 279.1

• By action of the Board 12/13/76; Revised 10/18/82, 7/11/83, 12/14/92; Revised 5/27/97; Revised 10/12/98

• Edited 10/98

903.04

BY-L0AWS OF THE BOARD

Regular Meetings

Regular meetings of the Board of Directors shall be held on the second and fourth Monday of each month unless otherwise rescheduled or canceled.

All meetings shall be held in the meeting place officially designated by the Board which shall be the Board Room, Suite 314, Davenport Schools Administration Service Center, 1606 Brady, Davenport, Iowa, unless otherwise approved by the Board in regular session. Regular sessions shall commence at 7:00 PM.

• By action of the Board 12/13/76, 8/13/79, 7/11/83; Revised 10/9/95; Revised 12/9/96; Revised 10/13/97; Reviewed 10/12/98

• Edited 10/98

903.05

BY-LAWS OF THE BOARD

Special Meetings

Special meetings may be held as determined by the Board of Directors or called by the President, or by the Secretary upon the written request of a majority of the members of the Board. The Secretary shall give notice in writing for each special meeting, specifying the time and place. Such notice shall be delivered to each member in person or by registered letter, but attendance shall be a waiver of notice.

Special meetings shall be held in the location officially designated for regular meetings unless otherwise determined by the Board in a previous legal session.

• Legal References: Code of Iowa Chapters 28A, 279.2

• By action of the Board 12/13/76, 7/11/83; Revised 5/27/97

• Edited 7/97

903.06

BY-LAWS OF THE BOARD

Closed/Exempt Sessions

Board meetings shall be open meetings, unless a closed session or exempt meeting is provided for by law. The board shall hold a closed session or exempt meeting in the situations stated below.

Exceptions to the Open Meetings Law

Closed sessions take place as part of an open meeting. The item for discussion in the closed session shall be listed as part of the tentative agenda on the public notice. The motion for a closed session, stating the purpose for the closed session, shall be made and seconded during the open meeting. Each member's vote should be announced and recorded in the minutes. A minimum of two-thirds of the board or all of the board members present must vote in favor of the motion on a roll call vote.

The Board shall not discuss any business during a closed session which does not directly relate to the specific reason announced as justification for the closed session.

Closed sessions shall be tape recorded and/or written, detailed minutes shall be kept by the Board Secretary.

The minutes and/or the tape recording shall restate the motion to go into closed session that was made in open session with the roll call vote, the members present, and the time the closed session began and ended. The tape recordings and the written minutes shall be kept for one year from the date of the meeting.

The detailed minutes and/or tape recording shall be sealed and shall not be public records open to public inspection. The minutes and tape recording shall only be open upon court order in an action to enforce the requirements of the open meetings law. The board has complete discretion as to whom may be present at a closed session.

As an exception, real estate related minutes and/or tapes shall be made public after the real estate transaction is completed.

Final action by the Board on any matter shall be taken in an open session unless some other provision of the Code expressly permits such actions to be taken in closed session.

Reasons for the board entering into a closed session from an open meeting include, but are not limited to, the following:

1. To review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that governmental body's possession or continued receipt of federal funds.

2. To discuss application for letters patent.

3. To discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.

4. To discuss the contents of a licensing examination or whether to initiate licensee disciplinary investigations or proceedings if the governmental body is a licensing or examining board.

5. To discuss whether to conduct a hearing or to conduct hearings to suspend or expel a student, unless an open session is requested by the student or a parent or guardian of the student if the student is a minor.

6. To discuss the decision to be rendered in a contested case conducted according to the provisions of Chapter 17A of the Code.

7. To avoid disclosure of specific law enforcement matters, such as current or proposed investigations and inspection or auditing techniques or schedules, which if disclosed, would enable law violators to avoid detection.

8. To avoid disclosure of specific law enforcement matters, such as allowable tolerances or criteria for the selection, prosecution, or settlement of cases, which if disclosed, would facilitate disregard or requirements imposed by law.

9. To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session.

10. To discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph shall be available for public examination when the transaction discussed is completed.

 

Exemptions to the Open Meetings Law

Board meetings at which a quorum is not present, or gatherings of the Board for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of the open meetings law, are exempt from the open meetings law requirements. Since gatherings of this type are exempt from the open meetings requirements, they can be held without public notice, be separate from an open meeting, be held without taping the gathering or taking minutes, and be held without a vote or motion. The Board may also hold an exempt session for the following:

1. negotiating sessions, strategy meetings of public employers or employee organizations, mediation, and the deliberative process of arbitration;

2. discussing strategy in matters relating to employment conditions of employees not covered by the collective bargaining law;

3. conducting a private hearing relating to the recommended termination of a teacher's contract. However, the private hearing in the teacher's contract termination shall be recorded verbatim by a court reporter; and

4. conducting a private hearing relating to the termination of a probationary administrator's contract or to review the proposed decision of the administrative law judge regarding the termination of an administrator's contract.

• Legal References: Code of Iowa Chapter 21; Chapter 28A

• Cross Reference: Board Policy 903.12 Minutes of Meetings

• By action of the Board 12/13/76, 7/11/83; Revised 5/27/97

• Edited 7/97

903.07

BY-LAWS OF THE BOARD

Quorum for Meetings

The majority of the Board  shall be necessary to constitute a quorum for the transaction of business. A majority vote of those present shall be necessary and sufficient to pass any motion or to take any action of the Board unless the vote of a greater number with respect to the particular subject matter shall be required by law or other Board policy.

The Board may choose to require a greater than a majority vote for certain actions as specified by Robert's Rules; for example, closed sessions require a 2/3 vote.

Robert's Rules show 2/3 vote required for the following subsidiary, specific, or incidental motions: previous question (stop debate); limit or extend debate; discharge committee; suspend the rules of order; object to consideration; close polls; or close nominations.

• Legal Reference: Code of Iowa Chapter 279.4

• Cross Reference: Board Policy 903.6 Closed Session

• By action of the Board 12/13/76, 7/11/83; Revised 5/27/97; Revised 02/11/02

• Edited 02/02

903.08

BY-LAWS OF THE BOARD

Rules of Order

Parliamentary procedure not provided for in these policies or by statute shall be determined by Robert's Rules of Order, Revised.

• Cross Reference: Board Policy 903.07 Quorum for Meetings

• By action of the Board 12/13/76, 7/11/83; Revised 5/27/97; Revised 02/11/02

• Edited 02/02

903.09

BY-LAWS OF THE BOARD

Agenda

An agenda shall be submitted to the Board  three to four days before any regular meeting.

The agenda shall set forth the order of business for the meeting and shall contain supporting data for the suggested items of business together with recommendations of the administration.

Persons who wish to address the Board and be acknowledged on the agenda must submit the request in writing to the Board Secretary by 4:30 PM 12 days prior to the meeting, stating the purpose and/or topic of discussion. Letters must identify the citizen, provide the person's address, and state the subject. If from an organization, it must include the name and address of a specific person in order to be considered. These requests should be presented to the Agenda Committee to consider whether or not the request will be scheduled. Copies of the request will be sent to all board members for information.

A complete agenda and complete minutes, except for confidential items, shall be furnished to student representatives on the Board at the same time as they are furnished to other members of the Board.

• Cross References: Board Policy 901.06 The Student Board of Directors; Board Policy 903.9 Agenda; Board Policy 903.12 Minutes of Meetings; Board Policy 903.15 Participation by the Public at Board Meetings

• By action of the Board 12/13/76, 8/13/79, 7/11/83; Revised 7/10/95; Revised 5/27/97; Revised 02/11/02

• Edited 02/02

903.10

BY-LAWS OF THE BOARD

Additional Distribution of Agendas

The District is required by law to give public notice of the time, the date, the place, and tentative agenda of the Board meetings. Notice must be given by notifying the news media who have filed a request for notice and by posting the notice in a prominent place which is easily accessible to the public and clearly designated for that purpose, at least 24 hours prior to the meeting.

Agendas of board meetings and multi-membered bodies formally and directly created by the Board shall be posted on the first floor of the Davenport Schools Administration Service Center, 1606 Brady Street Davenport, Iowa  52803-4714.

A copy of the board meeting booklet, including the agenda, but excluding any confidential items, will be available, at no cost, in the Office of the Board Secretary for those interested after 2 PM on Friday preceding the Monday night meeting of the Board.

The agenda booklet, excluding any confidential items, shall be mailed, at a cost figured according to a cost schedule to anyone submitting a written request to the Board Secretary.

• Legal References: Code of Iowa Revised January, 1979 in accordance with Chapter 28A

• By action of the Board 12/13/76, 8/13/79, Revised 7/11/83, Revised 5/27/97; Revised 02/11/02

• Edited 02/02

903.12

BY-LAWS OF THE BOARD

Minutes of Meetings

The Board shall keep and maintain permanent records of the Board including, but not limited to, records of the minutes of board meetings and other required records of the Board.

Open Sessions:

It shall be the responsibility of the Board Secretary to keep the minutes of the board meetings. The minutes of each board meeting shall include as a minimum the following items: a record of the date, time, place, members present, action taken, and the vote of each member, and the schedule of bills allowed shall be attached. The minutes should be written as briefly as possible, and should include an explanation or dialogue only if necessary to clarify the meaning of related board action. A full tabulation of members' votes on each motion should be recorded.

This information shall be available within two weeks of the board meeting and forwarded to the newspaper designated as the official newspaper for publication. The information does not need to be published within two weeks. The schedule of bills allowed may be published on a once monthly basis in lieu of publication with the minutes. The permanent records of the board minutes may include more detail than is required for the publication of the minutes.

The Secretary shall act as custodian of the minutes and shall make those minutes that are public record available to any citizen desiring to examine the same.

Closed Sessions:

Tape recordings and/or detailed minutes must be made of all closed sessions held by the Board. These minutes are to be sealed and are not public record open to inspection except upon an order of the court in an action to enforce the law. (An exception to this rule would be for real estate related minutes which will be made public after the real estate transaction is completed.)

The Board Secretary is the person responsible for maintaining tape recordings and/or detailed minutes of closed meetings. Except as otherwise authorized by Iowa law, these records need be kept only one year and then may be destroyed by the Secretary.

Board members or the superintendent may review, under the supervision of the Board Secretary, tape recordings and/or detailed minutes of closed sessions when necessary as part of fulfilling Board duties. The minutes of closed sessions are not to be removed from the building. The Secretary is not authorized to release tape recordings and/or detailed closed session minutes to other persons unless action to release these records has been taken by the Board.

• Legal References: Code of Iowa Chapters 291.6, 21.5

• Cross Reference: Board Policy 903.6 Executive Session

• By action of the Board 12/13/76; Revised 7/11/83, 12/14/92: Revised 5/27/97

• Edited 7/97

903.13

BY-LAWS OF THE BOARD

Tape Recordings of Board Meetings

Open Sessions:

To assist in the responsibility of keeping accurate minutes, the Board Secretary may audio and/or video tape record the proceedings of regular or special meetings. Audio and/or video tape recordings of regular or special meetings are the property of the Board Secretary and may be erased at the Board Secretary's discretion unless directed otherwise by the Board.

Closed Sessions:

A tape-recording must be made of all closed sessions held by the Board. The tape-recordings of closed sessions are to be sealed and are not public records open to inspection except upon an order of the court in an action to enforce the law.

• Legal References: Code of Iowa Chapters 291.6, 28A.5, 68A

• By action of the Board 12/13/76; Revised 7/11/83; Revised 5/27/97

• Edited 7/97

903.14

BY-LAWS OF THE BOARD

Letters to the Board

Letters addressed to the Board  which do not identify the sender and the sender's address will not be sent on to the board members or placed on the agenda.

A communication from a group or organization must include the name and address of a specific person in order to be considered by the Board.

• Cross Reference: Board Policy 903.9 Agenda

• By action of the Board 12/13/76, Revised 7/11/83; Revised 5/27/97; Revised 02/11/02

• Edited 02/02

903.15

BY-LAWS OF THE BOARD

Participation by the Public at Board Meetings

The Board exists solely to conduct the people's business. It is the policy of the State of Iowa and of this Board that the hearings, deliberations, and actions of this body shall be conducted openly.

There are three methods for citizens to address the Board during a meeting:

1. Public hearings before awarding of bids.

2. Prearranged presentations from citizens.

3. Open forum.

When bids are being awarded, the President conducts a public hearing. Persons interested in commenting on the bids will be recognized at that point on the agenda.

Citizens who desire an opportunity to make a written or oral presentation to the Board and not be subject to the restrictions with Open Forum (below), may ask to have their request placed on the agenda. Their presentation will be part of the Communications and Announcements section of the agenda, early in the meeting. Persons desiring to address the Board in this manner should submit a written request to the Board Secretary no later than 4:30 PM nine (9) days prior to the meeting. Letters must identify the citizen, provide the citizen's address, and state the subject. If from an organization, it must include the name and address of a specific person in order to be considered.

Those who wish to speak but who have not previously asked to be placed on the agenda will be given an opportunity to speak during the Open Forum. However, the Board will not act on any issue presented in the Open Forum if it was not previously published as an agenda item. The Iowa Open Meetings Law prohibits action on any issue not on the agenda. Time for the Open Forum is limited and will be set by the Board President. If additional time is needed, the Open Forum may be continued at the end of the regular agenda. Presentations shall not be acted upon at the time they are presented, with the exception of informational items, but shall be received by the Board and disposed of in one of the following three ways:

1. For informational requests of an operations nature, responded to by the Superintendent or superintendent's designee at the time of the request.

2. Referred to Committee of the Board or to the administration for investigation and report.

3. Considered for the agenda of a subsequent meeting of the Board.

 

Other rules for persons addressing the Board are:

1. Discussion of agenda items shall be limited to the members of the Board, student board members, the Superintendent, and citizens who are recognized by the President, in order to insure an orderly discussion and disposition of such items. Other persons present may speak only in response to an inquiry from a member of the Board, with such an inquiry being for the purpose of obtaining clarification or additional information on the subject under consideration.
   

2. The person addressing the Board may be required to show a reasonable basis of interest in the affairs of this District, such as being a legal resident of the District, parent or guardian of children in District schools, representative of an employee organization or of other organizations having legitimate concern with District affairs, or having other bona fide individual interests in the proceedings of the Board.
   

3. No person may present orally or discuss at any meeting of the Board any charges of complaints against individual employees of the District. All such charges or complaints should be presented to the Board through the Superintendent, or superintendent's designee, in writing, and must be signed and verified by the person making the charges.
   

4. Remarks by any person addressing the Board which reflect adversely upon the character or motives of any person are out of order.
   

5. Attacks in the form of inferences, insinuations, and innuendoes against the character or motives of any person are out of order.
   

6. It is the prerogative of board members to ask the speaker questions during the presentation or make comments as frequently as necessary to clarify the discussion. The audience is not allowed to interrogate or debate issues with the members of the Board.
   

7. During board meetings, those persons in the audience recognized by the Board President shall be permitted to participate in the discussion. Do remember that board meetings are conducted by the Board President. Board members conform to the Board President's ruling on procedures and on how the meeting is conducted. The Board expects members of the public to do the same.
   

8. The Board President may terminate any person's privilege of address for persistent violations of conduct by a participant repeatedly declared out of order for violations of the above rules or persistent remarks against the Board, its members, or agents.

 

• Cross Reference: Board Policy 903.09 Agenda

• By action of the Board 11/10/80, 2/9/81, Revised 7/11/83, 11/14/83, 2/13/84, 4/12/93; Revised 5/27/97; Revised 07/12/04

• Edited 07/04

903.16

BY-LAWS OF THE BOARD

Vacancies and Resignations

A vacancy on the Board occurs when the board member moves from the District, fails to qualify, dies, resigns, or is convicted of a serious crime.

If a member of the Board finds it necessary to resign, it is recommended that a letter of resignation be submitted to the Board Secretary and the letter indicate the effective date of the resignation so that the requirements of the Code for filling the vacancy may be implemented.

• Legal References: Code of Iowa Chapters 277.29, 279.6

• Cross Reference: Board Policy 901.05 Filling Vacancies

• By action of the Board 7/11/83 (new policy); Revised 5/27/97; Revised 02/11/02

• Edited 02/11/02

903.17

BY-LAWS OF THE BOARD

Maintenance of Superintendent's Contract

Each and every contract between the District and its superintendent, including, but not limited to, drafts, yearly updates, or amendments, shall be drafted by the District's law firm. A signed original shall be maintained both at the Davenport Schools Administration Service Center, 1606 Brady Street, Davenport, Iowa 52803-4714, and at the offices of the District's law firm.

The contract shall be reviewed annually by the District's law firm and the Board and at such other times as the administration or the Board requests. No drafts, yearly updates, or amendments shall be made without review by the District's law firm and Board approval. This review and approval shall specifically include all elements of the contract, including any and all fringe benefits.

• By action of the Board 9/16/85; Revised 5/27/97; Revised 02/11/02

• Edited 02/02