Federal & State Required Postings

Adopted: 
Revised: June 17, 2025
Reviewed:

 

Section 1.        Fiscal Management.

The Board holds a position of public trust and accountability, requiring it to be a good steward of funds received by the District and to manage and operate the District in an efficient and effective manner. The District shall comply with all applicable federal and state laws, rules and regulations relative to the fiscal management of the District, including, but not limited to, the Uniform Budgeting and Accounting Act, MCL §141.421, et seq.

The Superintendent shall develop financial processes, procedures and internal controls to ensure the proper accounting of all District funds received and expended by the District in accordance with generally accepted accounting principles and applicable law.  The Superintendent shall ensure that the Board receives in a timely manner monthly financial statements and reports, quarterly reports, and any other financial reports necessary or requested by the Board.

 

Section 2.        Deposit of School Funds.

At the first regular meeting of the fiscal year, the Board shall designate the bank(s) or trust companies in which the funds of the District shall be deposited. Within three (3) business days after it receives funds, the treasurer shall deposit or cause to be deposited, funds of the District in a bank, credit union or other eligible financial institution authorized by the Board.

 

Section 3.        Annual Budget and Fund Equity.

The Board is legally required to adopt an annual budget prior to July 1 of each year for the upcoming fiscal year.  The budget is based on projected student enrollment and includes a statement of anticipated revenues from all sources and anticipated expenditures by the District.  The annual budget shall be prepared and published in conformity with GASB 54.  The Board may establish a minimum fund balance goal consistent with applicable law.

The Superintendent is responsible for the preparation of the proposed annual budget and timely presentation to the Board. The Board shall hold a public hearing on the proposed budget in May/June of each year as required by law. The final adoption of the proposed annual budget shall be made by the Board after completion of the public hearing, but no later than June 30.

On a quarterly basis, the Superintendent shall inform the Board of actual or anticipated budget variances and the reason(s) for the budget variances. The Superintendent shall prepare amended budgets for the Board’s consideration and adoption based on the budget variances, as necessary.

The Board may establish priorities for the District on a short-term, intermediate and long-range basis. The Board encourages the Superintendent to develop a rolling, detailed three (3) year forecast of estimated revenues, expenditures and fund balance, to be reported annually to the Board during its June Board meeting.

Within 30 days after the Board adopts its annual operating budget for the upcoming fiscal year, or adopts a subsequent revision to or amended budget, the District shall make available to the public all of the information required under federal and state law, through a link on its website home page in a form and manner prescribed by the Michigan Department of Education.  The Superintendent shall ensure that the District complies with all federal and state reporting requirements. 

 

Section 4.        Grant Funds.

The Board encourages the solicitation and use of grant funds to enhance the District’s educational program, school environment and opportunities for students. The Superintendent, administrators and staff are encouraged to identify, evaluate and apply for grants that will support the District’s programs, goals, projects, and priorities. The Superintendent must approve each grant proposal prior to its submission and the Board must approve and accept all grants offered to the District.

The Superintendent is responsible for the efficient and effective administration of grant funds. The financial management and administration of grants must adhere to all applicable federal, state and local laws, rules and regulations, any grantor rules, regulations and conditions of the grant award, and the District’s policies and administrative guidelines, and shall comply with all applicable federal and state laws, rules and regulations regarding allowable costs for the use of grant funds. 

 

Section 5.        General Purchasing (Non-Federal Funds).

In order to maintain effective control over the purchase of supplies, materials and equipment for the District, the purchase of all supplies, materials and equipment shall comply with all applicable Board policies, as well as all applicable State and Federal laws, rules and regulations. 

It is the general policy of the Board that the purchase of all supplies, materials and equipment be at the lowest possible cost in the best interest of the District and all purchases must be within budget allocations. All procurement processes should use good administrative practices and judgment and free of any real or apparent conflict of interest.  All procurements are to be conducted in a manner that provides open competition as required by law.  The lowest responsible bidder shall generally be awarded the contract; however, the Board reserves the right to accept any bid/proposal that it feels is in the best interest of the District.

If the reasonably anticipated purchase price for the supplies, materials or equipment exceeds the State of Michigan competitive bidding threshold, as adjusted annually, a procurement process with competitive bids/proposals is required.  However, competitive bids/proposals are not required for the purchasing of food unless the food purchased in a single transaction costs $100,000 or more. Purchases under the State of Michigan competitive bidding threshold may be procured in a manner deemed appropriate by the Superintendent. Board approval is required for purchases over the State of Michigan competitive bidding threshold, as adjusted annually.

Purchases made using competitive bids provided through the State of Michigan programs, other consortiums, or cooperative bids shall satisfy the requirements of this Policy, unless applicable State or Federal law requires otherwise.

The Board reserves the right to: i) accept or reject any and all bids/proposals, in whole or in part; ii) waive any informalities or irregularities in the procurement process or a bid/proposal; iii) award the contract to other than the lowest bidder.

 

Section 6.        Purchasing with Federal Funds

In order to maintain effective control over the purchase of supplies, materials, equipment and services with Federal monies or under a Federal grant, the District shall follow all applicable Federal laws, regulations and standards, as well as all applicable Board policies and applicable State laws, rules and regulations. 

It is the general policy of the Board that the purchase of all federally funded supplies, materials, equipment and services be at the lowest possible cost in the best interest of the District and all purchases shall be within budget allocations. All procurement processes shall use good administrative practices and judgment and be free of any real or apparent conflict of interest. All procurements are to be conducted in a manner that provides open competition. The lowest responsible bidder shall generally be awarded the contract; however, the Board reserves the right to accept any bid/proposal that it feels is in the best interest of the District.

When purchasing supplies, materials or equipment with Federal monies or under a Federal grant, if the reasonably anticipated purchase price for the supplies, materials or equipment exceeds the State of Michigan competitive bidding threshold, as adjusted annually, a procurement process with competitive bids/proposals is required. 

When procuring services with Federal monies or under a Federal grant, if the reasonably anticipated cost is less than the Federal Simplified Acquisition Threshold, then the District shall contact a reasonable number of potential vendors and obtain informal written quotes for the services from at least three (3) vendors, to the extent possible. If the reasonably anticipated cost for services that will be funded by Federal monies or under a Federal grant is at or over Federal Simplified Acquisition Threshold, competitive bidding shall be used for the procurement of those federally funded services in accordance with Federal laws, rules and regulations. If it is determined that a formal competitive process for the procurement of services costing less than Federal Simplified Acquisition Threshold is in the best interests of the District, the District may use an appropriate competitive bidding process to obtain bids/proposals for the services. 

Procurement of federally funded supplies, materials, equipment or services which require competitive bids/proposals must be solicited in accordance with applicable Federal laws, rules and regulations. 2 CFR 200.320.

To the greatest extent practicable and consistent with applicable law, the District shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). 2 CFR 200.322. 

Procurement of federally funded supplies, materials, equipment or services through solicitation of a proposal from only one source may be used only when one or more of the following circumstances apply:

• The item can be verified to be only available from a single source;
• The public necessity or emergency will not permit a delay resulting from the competitive bid process;
• A noncompetitive bid/proposal is expressly authorized by the awarding agency; or
• After solicitation of a number of sources, competition is determined inadequate. 2 CFR 200.320(c).

The District must ensure all contracts which result from the procurement of federally funded supplies, materials, equipment or services: (i) contain all applicable contract provisions as required by Federal law, rules and regulations; and (ii) the District maintains proper contractor oversight in accordance with applicable Federal law, rules and regulations. 2 CFR 200.318 and 2 CFR 200.327.

When possible, the District should ensure that small businesses, minority businesses, women's business enterprises, and veteran-owned businesses are considered as required by law. 2 CRF 200.327. 

The Board reserves the right to: i) accept or reject any and all bids/proposals, in whole or in part; ii) waive any informalities or irregularities in the procurement process or a bid/proposal; iii) award the contract to other than the lowest bidder.

 

Section 7.        Construction.

A.        General Guidelines

1.         The Superintendent shall develop an efficient system for the construction of new school buildings, and additions to, repair or renovation of, or energy conservation improvements to existing school buildings, and shall develop and implement administrative rules and procedures for District personnel regarding the same, that are in compliance with all applicable laws and this policy. All procurement processes should use good administrative practices and judgment and be free of any real or apparent conflict of interest. All procurements are to be conducted in a manner that provides open competition.

2.         Before commencing construction of a new school building, or addition to or repair or renovation of an existing school building, the Board of Education shall obtain competitive bids on all the materials and labor required for the complete construction of a proposed new building or addition to or repair or renovation of an existing school building.

3.         Subsection A(2) of this section does not apply to the following:

a.   Repair work normally performed by School District employees;

b.   Construction of a new school building, addition to or repair or renovation of an existing school building if the total cost for the materials and labor costs less than the State of Michigan Competitive Bidding Threshold; and

c.   Emergency Repairs to School District Buildings.  However, such emergencies must arise as a result of circumstances which, if not timely repaired, could affect the health, safety or welfare of the School District’s students, staff or property.  All emergency repairs must be reported to the Board after repair and should be ratified by the Board at its next regularly scheduled Board meeting. 

B.        Bidding Procedures

1.         Construction projects where the materials and labor cost less than the State of Michigan Competitive Bidding Threshold may be made without obtaining competitive bids, provided that such procurement shall be made in accordance with School District Administrative Guidelines and applicable law.  Projects may not be divided into subunits or separate contracts for the sole purpose of avoiding the State of Michigan Competitive Bidding Threshold or the bidding requirements of this Paragraph.

2.         Construction Projects where the materials and labor cost an amount equal to or greater than the State of Michigan Competitive Bidding Threshold

a.   The Board shall advertise for bids by placing an advertisement for bids at least once in a newspaper of general circulation in the area where the building or addition is to be constructed or where the repair or renovation of an existing building is to take place and by posting an advertisement for bids for at least two (2) weeks on the website designated by the State of Michigan and maintained for this purpose.

b.   The advertisement for bids shall do all of the following:

i.    Specify the date, time and location by which all bids must be received by the Board;

ii.   State that the Board will not consider or accept a bid received by the Board after the date and time specified for bid submission;

iii.  Identify the time, date, and place of a public meeting at which the Board, or its designee, will open and read aloud each bid received by the Board by the date and time specified in advertisement; and

iv.  State that the bid shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the bidder and any member of the Board or the Superintendent of the School District.  The Board shall not accept a bid that does not include this sworn and notarized disclosure statement.

c.   The Board shall require each bidder for a contract under this Policy to file with the Board security in an amount not less than 1/20 of the amount of the bid conditioned to secure the School District from loss or damage by reason of the withdrawal of the bid or by the failure of the bidder to enter a contract for performance, if the bid is accepted by the Board.

d.   The Board shall not open, consider, or accept a bid that the Board receives after the date and time specified for bid submission in the advertisement for bids as described in Subsection B(2)(b) of this section.

e.   A a public meeting identified in the advertisement for bids described in Subsection B(2)(b) of this section, the Board, or its designee, shall open and read aloud each bid that the Board received at or before the time and date for bid submission specified in the advertisement for bids.  The Board may reject any or all bids, and if all bids are rejected, shall re-advertise in the manner required by this Policy.

f.    Any procurement which ensues from a competitive bid solicitation shall be awarded to the lowest responsible bidder, and the purchase shall be approved by the Board of Education.

g.   Any construction projected funded in whole or in part by Federal monies or under a Federal grant, the School District must follow all applicable Federal laws, regulations and standards, as well as all applicable Board policies and applicable State laws, rules and regulations.

h.   All solicitation documents issued by the School District shall reserve in favor of the School District:

1. The right to accept or reject any or all bids, in whole or in part;

    

2. The right to waive any irregularities or informalities contained in any response/proposal to a bid solicitation to the extent not prohibited by law; and

    

3. The right to accept a bid other than the lowest bid.

 

Section 8.       District Credit Cards. 

The Board of Education recognizes that bank credit cards offer a convenient, efficient method of purchasing goods and services for the District.  The Superintendent shall designate District employees authorized to use District credit cards for official District related purposes only.  The Board authorizes a limit of $5,000.00 for each credit card.  The Superintendent shall develop administrative guidelines and internal controls regarding the use of  District credit cards.  

All approved cardholders must abide by the administrative guidelines and procedures for the use of credit cards. All purchases using a District card must be made by the individual to whom the card is issued, and a detailed report with the receipt(s) of the purchase must be submitted to the business office within five (5) business days of the purchase(s). The card may only be used for the purchase of goods or services for the official business of the District, and may not be used for purchases for personal purposes or cash advances. Under no circumstances shall the card be used to purchase alcohol, personal items or services, or personal entertainment. All invoices/statements must be approved by the Superintendent prior to payment. The balance, including any applicable interest, shall be paid within not more than sixty (60) days of the initial invoice/statement date. Cardholders shall immediately surrender their card upon request of the Board or the Superintendent, or upon separation from employment with the District. A lost or stolen card must be immediately reported to the Superintendent.

Any unauthorized use or misuse of the credit card by a District employee may result in disciplinary action, to and including termination.

 

Section 9.        Investments.

Prudent oversight of the District’s funds by the Superintendent is required.  The Superintendent is responsible for making prudent investment decisions of the District’s funds that are not speculative, risky or subject to extreme volatility. The Superintendent shall develop and implement procedures and internal controls to protect the District’s investments.  The procedures must comply with the requirements of the Governmental Accounting Standards Board (GASB) and the Michigan Revised School Code.

The financial reports submitted to the Board on a quarterly basis shall disclose the District’s investments with a summary of allocation of assets, credit, investments and risks to the District’s investments in accordance with generally accepted accounting principles. 

Investment professionals or advisors utilized by the District shall be approved by the Board in advance of any professional advice or work done on the District’s behalf, and must be advised of the School District’s investment requirements and restrictions.  All investment professionals utilized by the District must meet any required licensing, certification and bonding requirements under state and federal laws, rules and regulations and maintain insurance in the type and amount standard in the industry.

 

Section 10.      Risk Management.

The Superintendent shall be responsible for developing and maintaining a risk management program for the District.  The program shall contain methods and procedures for identifying, reducing and eliminating risk and, where prudent and feasible, providing for the purchase of insurance.

 

Section 11.      Audit.

State law requires an annual audit of all accounts of the District by an independent, certified public accountant selected by the Board.  The audit shall be conducted in accordance with generally accepted auditing and accounting standards.  The audit shall be presented to the Board at a public meeting prior to being filed with the Michigan Department of Treasury and any other reporting entities required by state and federal law.

The auditor shall conduct single audits of grants as required by state and federal law, or the terms and conditions of the grant.

 

Section 12.      Fixed Assets/Inventory.

The Superintendent shall develop and maintain a fixed asset/inventory procedure for equipment and supplies purchased for or on behalf of the District or donated to the District.  Equipment is tangible personal property that has a useful life of more than one (1) year and an acquisition cost of $1,000.00 or more.  All equipment purchased should be properly tagged and inventoried in accordance with the fixed asset/inventory procedure.  Equipment purchased with federal funds should be tagged and inventoried as such and used for the specified purpose only.  Disposal of equipment purchased with federal, state or local grant funds must be done in accordance with applicable federal and state laws, rules and regulations. The fixed asset schedule shall be updated on a regular basis to reflect purchases and dispositions of assets.

 

Section 13.      Surplus Property.

The Superintendent shall identify to the Board at least annually District real and/or personal property that is no longer required for District purposes, and shall recommend procedures to be followed for the sale or disposition of such property.  Board approval is required for the process to be used to sell or dispose of the property and the ultimate sale or disposition of the property.

 

Section 14.      Bonded Employees.

The Board shall purchase a blanket or surety bond, in an amount proscribed by the Board, for District employees who routinely deal with funds or money of the District.

 

Section 15.      Electronic Transactions.

The District may be a party to an Automated Clearing House (ACH) arrangement.  The Superintendent shall be responsible for the District’s ACH agreement, including payment approval, account and compliance.  All ACH invoices shall be approved prior to payment.

 

Section 16.      Credit Card Holder Data Security.

If the District accepts credit card payments, all cardholder data obtained by District employees will be protected while in possession, will not be stored or maintained in any format, and will be destroyed when no longer required.

 

Section 17.      Student Activity Fund Management.

All revenues and expenditures of student activity funds shall be properly processed through the internal accounting system of the District.  All student activity funds shall be audited annually at the same time as the general fund budget. 

 

Section 18.      Fundraising.

Any fundraising projects carried on by a school organization shall require the approval of the Superintendent or building principal. All school-wide fundraising projects shall require the approval of the Superintendent. All fundraising projects shall be compatible with the District’s purpose, goals, and general community expectations. The use of the name of the District (either directly or through inference/affiliation) or the Board shall not be used in any fundraising efforts or on any materials, notices or advertising unless the Superintendent’s approval is received prior to such use.

 

Section 19.      Vendor Relations.

All contacts by vendors shall be through the Superintendent or the purchasing department.  Vendors shall not contact other District employees, Board members or administrators directly unless such contact is approved or authorized by the purchasing department.

 

Section 20.      Conflict of Interest.

All employees, board members and staff members shall perform their official duties in a manner free from any conflict of interest to assure the proper performance of School District business, as well as maintain the highest standards of honesty, integrity, impartiality and professional conduct of staff members in order to earn and keep public trust and confidence. 

1. No employee, board member or staff member shall engage in, or have financial interest in, directly or indirectly, any activity that conflicts or raises a reasonable question of substantial conflict of interest with his or her duties and responsibilities.
2. No employee, officer, agent, or board member with a real or apparent Conflict of Interest may participate in the selection, award, or administration of a contract.
3. No staff member shall use his or her position to benefit either himself or herself or any individual or agency apart from the total interest of the School District.
4. A staff member or may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, unless the same is unsolicited and of nominal value.

If an employe, board member or staff member determines that the possibility of a Conflict of Interest exists, the person shall notify his or her immediate supervisor (with Board members notifying the Board President, and if the Board President has a Conflict of Interest they shall notify the Board Vice President). If a Conflict of Interest pertains to a proposed contract or other transaction with the School District, the individual shall disclose the Conflict of Interest to the Board of Education. A 11Conflict of Interest" is presumed to exist if the staff member has, or knows that his or her family member has, an ownership interest or financial or other interest in, is an officer, director, partner or member of, or employed by or under contract with, any business enterprise with which the Board of Education is considering entering into a contract or other transaction.

The Board of Education shall thereafter consider the Conflict of Interest and vote to determine if a Substantial Conflict of Interest exists. If it is determined that a Substantial Conflict of Interest exists, the Board of Education shall not enter into that contract or transaction. A "Substantial Conflict of Interest" means a conflict of interest on the part of a staff member in respect to a contract with the School District that is of such substance as to induce action on his or her part to promote the contract or transaction for his or her own personal benefit, unless otherwise proscribed by law.

If the Conflict of Interest pertains to a Federal award or grant, the Board of Education shall make any required disclosures to the Federal agency as required by law, including 2 CFR 200.112. 

Family Member

A "family member" means a person's spouse or spouse's sibling or child; a person's sibling or sibling's spouse or child; a person's child or child's spouse; or a person's parent or parent's spouse, and includes those relationships as created by adoption or marriage. 

 

Section 21.      Perkins Act Fiscal Requirements.

In accordance with the Carl D. Perkins Career and Technical Education Act of 2006 ("Perkins"), as amended, Perkins funds must be used to supplement, and not supplant, non-federal funds expended to carry out career and technical education ("CTE") activities. In other words, Perkins funds are only to be used to provide supplemental services that a recipient would not have provided had the Perkins funds not been available. According to the Michigan Department of Education, supplanting is presumed to have occurred when:

• A region uses Perkins funds to provide services that the region is required to make available under a state or local law;
• A region uses Perkins funds to provide services that the region provided with nonfederal funds in the prior year or;
• A region used Perkins funds to provide services to CTE students, and the same services were provided to non-CTE students using non-federal funds.

These presumptions are rebuttable if a region can demonstrate that it would not have provided the services in question with non-federal funds had the Perkins funds not been available. Thus, to comply with the requirements of Perkins, the District will monitor approved activities and related budget items, monitor budget amendments, conduct compliance monitoring, and adhere to applicable state and federal law. 

Adopted: 
Revised:
Reviewed: 

 

A. GENERAL

Section 1.        Name and Legal Status.

The legal name of the school district is Berrien Regional Education Service Agency (“the District”).  The District is a Michigan general powers school district as provided in the Michigan Revised School Code (“RSC”), MCL §380.1, et seq.

Section 2.        Authority.

The District is governed by the Board of Education (“the Board”).  The Board shall have all powers and authority granted to districts by the RSC, state law generally, and, where applicable, federal law. 

Section 3.        Bylaws.

These bylaws set forth the internal rules which govern the operations and business of the Board.  To the extent these bylaws may be inconsistent with applicable federal and state law, the applicable federal or state law shall govern.

Section 4.        Board Policies.

In addition to these bylaws, the Board shall adopt policies to govern the administration of the District.    

Section 5.        Amendment of Bylaws or Policies.

The Board may amend these bylaws or the policies of the Board by a majority vote. Any such amendment shall take effect on the date specified by the Board, but not sooner than the next regular meeting of the Board.

Section 6.        Suspension of Bylaws or Policies.

Bylaws or policies may be suspended during a Board meeting by a two-thirds vote of the Board members present at such meeting. Unless amended by the Board, the suspended bylaw or policy shall resume full force and effect upon the adjournment of the Board meeting at which the suspension occurs.

Section 7.        Superintendent.

The Board shall at all times employ a Superintendent in conformity with the RSC. The Superintendent shall enforce Board policies, as well as applicable state and federal law, within the District. The Superintendent shall, as necessary, adopt administrative guidelines for the implementation of Board policies. Administrative guidelines do not require formal approval by the Board but shall be provided to the Board at the time or before they become effective. In cases in which the Board has not adopted policies, the Superintendent may act, and shall thereafter notify the Board of such action. References in these bylaws and the Board policies to “the Superintendent” shall also mean the Superintendent’s designee except if action solely by the Superintendent is expressly required.   

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B. ORGANIZATION OF THE BOARD   

Section 1.        Composition of the Board.

Unless the Board decides to provide for popular elections, members of the Board shall be elected biennially on the first Monday in June by the boards of the constituent school districts in a manner consistent with State law.

The members of the RESA Board shall be elected biennially on the first Monday in June by an electoral body composed of one (1) person designated by the board of each constituent school district unless the Board opts for popular election.

In accordance with State law, the board of a constituent district shall designate its representative to this electoral body by resolution adopted not earlier than twenty-one (21) days before the date of this biennial election.

The secretary of the RESA Board shall send a notice by certified mail of the hours and place of the meeting of the electoral body to the secretary of the board of each constituent school district at least ten (10) days before the meeting. The President and Secretary of the RESA Board shall act as chairperson and secretary at the meeting. The meeting of the electoral body shall be an open meeting conducted in the manner prescribed under the open meetings act.

The school district filing official shall provide ballots for the biennial election, listing on the ballots the names of all candidates properly nominated. The chairperson of the biennial election meeting may accept nominations for a vacancy from the floor only if no nominating petitions have been filed for the vacancy.

Section 2.        Term of Office.

Board members are elected for six-year terms. Terms of elected Board members shall commence on July 1 of the year following their election. 

Section 3.        Board Vacancies.

If a Board position becomes vacant, the Board shall appoint a qualified person to fill the position within 30 days after the vacancy occurs.  The appointee shall hold office until the next regular school election.  Board positions may become vacant for any of the reasons provided by Michigan law.  Resignations of Board members are effective without acceptance or approval by the Board.

Section 4.        Acceptance and Oath of Office.

Elected, re-elected or appointed Board members shall file an acceptance of office and affidavit of eligibility as required by state law, and, before taking office, shall take the oath of office required by Article XI, Section 1 of the Michigan Constitution of 1963.

Section 5.        Board Officers.

Members of the Board shall elect by majority vote a President, Vice-President, Secretary and Treasurer at the Board’s annual organizational meeting.  Officers shall hold office for one year, or until their successors are elected and take office.  Officers are eligible for re-election to their offices. 

Section 6.        Vacancies in Board Offices.

A Board office shall become vacant if the holder of the office ceases to be a Board member, resigns from the Board office, or is removed from the Board office by a majority vote of the Board.  A vacancy in a Board office shall be filled by a majority vote of the Board.

Section 7.        Compensation and Reimbursement.

Board members shall receive (choose one)

            ____    no compensation

            ____    compensation of ____ per annum

            __X__ compensation of __$30__ per Board meeting up to a total of 52 meetings (including Committee meetings).

            ____    compensation of _____________ (specify).

Board members shall be reimbursed for actual and necessary expenses incurred in the discharge of their official duties. Board members will not be reimbursed for entertainment expenses, or for the purchase of alcoholic beverages. The Board will ordinarily not approve expenditures of District funds for members to attend meetings outside Michigan, and any such attendance must first be approved in advance by the Board. The Board may establish policies for the reimbursement of expenses of Board members.

Section 8.        Committees.

The Board may create standing or ad hoc committees to gather information for and make recommendations to the Board.  The President shall appoint the members of committees.  No committee may consist of more than two Board members. 

 

C. FUNCTIONING OF THE BOARD.

Section 1.        Duties of Board Officers.

A.        President.       

The Board President shall preside at all meetings of the Board and shall conduct meetings in the manner prescribed by these bylaws and state law. The President is the official spokesperson for the Board. The President, in cooperation with the Superintendent, shall prepare agendas for Board meetings. In the absence of the Secretary at a meeting of the Board, the President shall appoint an Acting Secretary, who shall sign the minutes of that meeting. The President shall perform such other duties as authorized by the Board, or as otherwise required by law and appropriate to the office. The President may consult with the Superintendent and/or legal counsel prior to bringing an issue before the Board.

B.        Vice-President.          

The Vice-President shall preside at Board meetings when the President is not in attendance and shall have the duties and responsibilities of the President in the absence of the President.  The Vice-President shall perform such other duties as authorized by the Board. 

C.        Secretary.

The Secretary shall take and keep the minutes of meetings of the Board in conformity with the Open Meetings Act and other state laws and shall perform all other duties as may be authorized by the Board.           

D.        Treasurer.       

The Treasurer, working with the Superintendent or other District staff designated by the Superintendent, shall perform such duties as may be authorized by the Board or state law. 

Section 2.        Duties and Role of Individual Board Members.

The Board acts as a whole, and only at properly convened and noticed Board meetings. Individual Board members do not possess the powers that reside in the Board, and may not act or purport to act for the Board unless the Board has specifically delegated the authority of an individual member to act.  Individual members of the Board may not speak for the Board.  A Board member who speaks to or otherwise communicates with the media, the public or other officials on District matters shall make clear to the audience that the Board member is expressing only that Board member’s views, and that those views do not necessarily reflect the views of the Board as a whole or any other Board member. 

Section 3.        Confidentiality.

Board members will on occasion receive information that is not available to the general public, including information about students or employees, information subject to the attorney-client or another privilege, and information disseminated during a closed session of the Board.  An individual Board member shall not disclose or share confidential information without the authorization of the Board or as may be required by law.

Section 4.        Board Ethics.

The Board by majority vote shall prescribe a Code of Ethics applicable to the conduct of individual Board members, and each Board member shall be asked to acknowledge and sign the Code of Ethics at the commencement of his or her term.

Section 5.        Conflict of Interest.

Board members shall perform their official duties in a manner free from conflict of interest, and shall refrain from actions that create the appearance of a conflict of interest prohibited by law.  Board members shall familiarize themselves with and at all times comply with the requirements and prohibitions of state law relative to conflicts of interest.  The Board by policy may prohibit the hiring by the District of the immediate family or other relatives of Board members during their terms on the Board.

Section 6.       Indemnification.

The District shall indemnify the Board and individual Board members to the fullest extent permitted by law.  The District will purchase and maintain in effect insurance policies for the indemnification and defense of the Board and individual Board members.

Section 7.        Professional and Consulting Services.

The Board shall employ an independent auditor to examine the books and records of the District, to render an opinion on the financial statements of the District prepared at the close of the fiscal year, and to perform such other services as may be requested by the Board.  The Board may appoint qualified individuals or firms to provide legal, architectural, insurance and other professional services for the District, and may appoint other consultants as it deems appropriate.

Section 8.        Discipline of Board Members.

By majority vote, the Board may censure a Board member for violating these bylaws, the policies of the Board, or state or federal law, or otherwise acting in a manner inconsistent with the duties and responsibilities of a Board member.  By majority vote, the Board may petition the Governor to remove a Board member from office in accordance with MCL §380.1107.

 

D.        MEETINGS OF THE BOARD.

Section 1.        Organizational Meeting.

The Board shall conduct an organizational meeting annually during the month of July.  During the annual organizational meeting, the Board shall elect its officers for the coming year, shall establish a schedule of regular Board meetings for the coming year, and may conduct any other business it elects to address.

Section 2.        Regular Meetings.

Regular meetings of the Board shall be held in accordance with the schedule established by the Board at its organizational meeting. The Board may amend the schedule of regular meetings.

Section 3.        Special Meetings.

Special meetings of the Board may be called by the President, or by any two members of the Board, upon not less than 24 hours notice to each Board member. Notice to Board members of a special meeting may be provided by personally delivering a notice to the Board member, by delivering the notice to the Board member’s household and leaving it with a responsible member of the household, or by sending the notice to the Board member on his or her District-provided email account.

Section 4.        Emergency Meetings.

In the event of a severe and imminent threat to the health, safety or welfare of the District, its students or employees, the Board President may call an emergency meeting, and the Board may meet and take action without complying with public notice requirements, provided that two-thirds of the members of the Board determine that delay would detrimentally affect the ability of the Board to respond to the threat.  Actual notice to all Board members of an emergency meeting shall be attempted, but is not required.

Section 5.        Meetings Open to the Public.

All meetings of the Board in which a quorum is present for the purpose of deliberating toward or rendering a decision on public policy shall be open to the public. 

Section 6.        Open Meetings Act.

Meetings of the Board are subject to and shall comply with applicable provisions of Michigan’s Open Meetings Act (“OMA”), MCL §15.261, et seq.  Depending upon its function, a Board committee may be a public body whose meetings are subject to the OMA.)

Section 7.        Public Notice of Meetings.

Public notice of Board organizational, regular and special meetings shall be given as provided in OMA.

Section 8.        Closed Sessions of the Board.

In accordance with the Open Meetings Act, the Board may meet in closed session for the following purposes upon the affirmative vote, on a roll call vote, of a majority of the Board members voting:

1.         To consider the dismissal, suspension, or disciplining of, or to hear complaints or charges brought against, or to consider a periodic personnel evaluation of, a Board member, employee, staff member or individual agent of the District, if such person requests a closed hearing.

2.         To consider the dismissal, suspension, or disciplining of a student, if the student or the student’s parent or guardian requests a closed hearing.

3.         For strategy and negotiation sessions connected with the negotiation of a collective bargaining agreement, if either negotiating party requests a closed session.

In accordance with the Open Meeting Act, the Board may meet in closed session for the following purposes upon the affirmative vote, on a roll call vote, of not less than two-thirds of the members of the Board then elected or appointed and serving (i.e., not less than five members of the Board if all seven Board positions are then filled):

1.         To consider the purchase or lease of real property, up to the time an option to purchase or lease that property has been obtained.

2.         To consult with its attorney(s) regarding trial or settlement strategy in connection with specific pending litigation, but only if an open meeting would have a detrimental financial effect on the litigation or settlement position of the Board.

3.         To consider the specific contents of an application for employment or appointment if the candidate requests that the application remain confidential. Interviews of candidates must take place in open session. 

4.         To consider material exempt from disclosure or discussion by state or federal statute (including, without limitation, written opinions of legal counsel). 

5.         To consider security planning to address existing threats or prevent potential threats to the safety of the students and staff. 

 

Section 9.        Minutes of Meetings. 

A.        Open Meetings:           Minutes of open meetings of the Board shall be kept, made available and approved as provided by OMA. Minutes shall, at a minimum, include the date, time and place of the meeting; Board members present and absent; decisions made by the Board; roll call votes; a record of other votes; the purpose(s) of a closed session; and corrections to the minutes of a previous meeting.

B.        Closed Sessions:          A separate set of minutes of a closed session shall be maintained.  Closed session minutes shall be provided to Board members confidentially, shall be retained by the Secretary or the Superintendent, and may be destroyed one year and one day after their approval of the Board.     

C.        Committee Meetings:    Minutes of meetings of committees whose function renders them subject to OMA shall be kept, made available and approved in the same manner as for open meetings of the Board.

 

Section 10.      Meeting Procedures.

A.        Location.         All meetings of the Board or Board Committees shall be held in District facilities.

B.        Agenda.          The President, in consultation with the Superintendent, shall prepare and publish a written agenda prior to each regular meeting and each special meeting unless otherwise directed by the Board.  Individual Board members may include items on the agenda upon the concurrence of the President.  The Board shall adopt or amend the agenda at the start of the meeting.

C.        Quorum.          A majority of the serving members of the Board shall constitute a quorum.  A meeting of the Board may not be called to order in the absence of a quorum.

D.        Remote Participation.            

(1)        If a member of the Board is required to miss one or more meetings due to military duty, the Board shall make arrangements, if feasible, to allow such member to participate by conference telephone connection or other electronic voice communication that allows persons participating in the meeting to communicate with each other and persons attending the meeting to hear the comments, including the votes, of the member attending remotely. The notice of a Board meeting at which a member will be participating remotely due to military duty shall include notice of such member’s remote participation and shall provide information about how to contact that member sufficiently in advance of a meeting to provide input on any business that may come before the Board.

(2)        Pursuant to state law, between March 31, 2001 and December 31, 2021, a Board member may participate remotely in a Board meeting under the procedures identified in the paragraph above in the following additional instances:

a.     When the Board member is unable to attend the meeting due to a medical condition, including any illness, disease, disability or other health-related condition; or

b.    When the member is unable to attend the meeting, or the Board is unable to meet in public, due to a statewide or local state of emergency or disaster called by the governor or a local official, governing body, or chief administrative officer, that would risk the health or safety of members of the public or Board if the member were to attend or the Board were to meet in person.

(3)        After December 31, 2021, and absent a change in state law, remote Board meetings shall not be permitted, and remote participation will be permitted only for the reason identified in subsection (1).

E.         Procedure for Board Action. The Board shall take action by way of motions duly offered and approved.  No motion shall be acted upon until it has been supported by a second member of the Board. 

F.         Voting. The vote on motions shall be “yes” or “no,” and will be taken by voice vote or, if required by law or requested by a Board member, by roll call vote.  Unless otherwise required by law or these bylaws, the affirmative vote of a majority of the serving Board members is required to exercise the Board’s authority. Following the vote, the President shall announce that the motion either passed or failed and, if not a unanimous vote, shall announce the number voting “yes” and the number voting “no.”  No Board member shall abstain from a vote of the Board absent an identified conflict of interest. 

G.        Public Attendance at Board Meetings. Any member of the public may attend an open Board meeting.  A person shall not be excluded from an open meeting except for a breach of the peace committed at the meeting. Closed sessions of the Board may be attended by members of the Board and any necessary resource persons, such as administrators or legal counsel, designated by the Board.  Members of the public may not attend closed sessions unless specifically authorized by the Board. 

H.        Public Participation at Open Board Meetings. Members of the public may address the Board at open meetings, subject to guidelines to be published by the Board.

I.          Rules of Order. To the extent not addressed by these bylaws or the Board’s policies, issues of procedure shall be governed by the current edition of Robert’s Rules of Order.  The President, or Vice-President in the absence of the President, shall decide all procedural issues, but may be overruled by majority vote of the Board.