Policy. ponderings BOARD ETHICS REGULATION

Transcription

1 INTRODUCTION TO NEW BOARD ETHICS REGULATION, PP. 1-2 BOARD ROLES AND RESPONSIBILITIES REGULATIIONS, P. 2 NONPARTISAN DECISIONMAKING REGULATIONS, PP. 2-3 November 2015 Policy ponderings BOARD ETHICS REGULATION One of our core objectives at NDSBA is to advise school board members on practices that constitute sound and effective boardsmanship. We provide this information to school board members through a variety of methods including our sample policies. One of our longstanding sample policies, Board Ethics (BA), contains a list of our recommendations on actions and behaviors that, if put into practice by all board members, will help the board govern effectively and cohesively. This policy provides general directives on board ethics, leaving much room for interpretation and the need for further clarification on how to model the standards contained therein. For example, our board ethics policy requires board members to pledge to be willing and capable of assuming board responsibilities. Unfortunately, school board members are sometimes confused about their roles and responsibilities, and this can cause contention between board members and administrators when the scope of board authority is called into question. As a result of these gaps in our board ethics policy, NDSBA has developed a new regulation to help implement this policy. The board ethics regulation contains concrete steps that board members should take to ethically and effectively work as a board. The regulation also contains suggested sanctions that may be taken when a board member Copyright, 2015, NDSBA. All rights reserved. This publication and sample policies are the intellectual property of NDSBA and may not be copied, reproduced, distributed or displayed without NDSBA's express written permission. 1

2 violates the board ethics policy or regulation. Specific components of this regulation are highlighted in this publication, and both the board ethics policy and new regulation are included on pages four through seven. To shape our new board ethics regulation, we carefully reviewed the board ethics policy identifying areas in need of concrete guidance. We chose to develop regulations on four topics addressed in the board ethics policy: board member roles and responsibilities, board cooperation, nonpartisan decision making, and individual versus collective board authority. The specific regulations developed for each category are explained in more detail below. Board roles and responsibilities: When board members and administrators are at odds, it is often due to role confusion. Board members who are confused about their duties are often under the false impression that they have authority to manage teachers, coaches, and support staff and make day-to-day decisions about school operations. Our new regulation attempts to provide clarification in this regard by directing board members to focus on policy development and strategic planning and only perform duties assigned to them by district policy and law. We have included a suggested list of policies and statutes that board members should annually review to remind them of the scope of their responsibilities. In addition, the regulation prohibits board members from directing or attempting to evaluate school staff, reviewing school personnel files without the permission of the board president, and making unannounced visits to school or scheduling visits for the purpose of evaluating the performance of district staff. Board cooperation: The regulations that we have developed on board cooperation are specifically aimed at ending behavior indicative of an errant board member. From our past experience, errant board members tend to dominate board meetings, personally criticize board members both inside and outside the board room, and harbor rigid personal agendas. Such board members are typically unwilling to compromise or concede when their agendas are not supported by the majority of the board. Our new regulation attempts to deter such misconduct by: Requiring all board members to have an equal opportunity to speak at board meetings Placing time limits on board discussion Requiring board members to respectfully listen to all perspectives at the table Instructing board members to communicate with each other in a professional manner Directing board members to concede when casting a minority vote Instructing them to publically support or, at least not undermine, the majority of the board Nonpartisan decision making: The regulations in this section reinforce many of the rules listed under the board cooperation section of our regulation. For instance, this section of the regulation directs board members to avoid committing to a position on an agenda item before they have had an opportunity to hear perspectives of administration and other board members. It also instructs board members to engage in discussion directed at determining how proposed initiatives impact the district as a whole and further the strategic plan rather than how they impact board members personally or help support individual agendas. Copyright, 2015, NDSBA. All rights reserved. This publication and sample policies are the intellectual property of NDSBA and may not be copied, reproduced, distributed or displayed without NDSBA's express written permission. 2

3 In addition, this portion of the board ethics regulation contains a procedure for helping board members determine when they have a conflict of interest. This procedure directs board members to conduct a conflict of interest assessment based on requirements in state law (NDCC and ) and based on guidance contained in two North Dakota Attorney General Opinions that addressed this topic (99-L-59 and 2007-L-12). Individual v. collective board authority: Absent delegation from the board, board members have no authority to act on behalf of the board. Often, parents, school staff, and community members do not understand that board action can only occur by majority vote of the board and turn to individual board members to help resolve a problem or concern associated with district schools. Our new board ethics regulation requires board members, when communicating with the public and school staff, to clarify that they do not have individual authority to act on a school matter. The regulation also restricts who has permission to issue and engage in official communication of the board and district, limiting such communication to boardappointed spokespersons. To further reinforce the point that board members only make decisions collectively, our regulation emphasizes the need to only take board action at properly noticed board meetings. Violations and sanctions: How should a board respond to board members who violate their pledge of ethics? Because board members are elected officials, they can only be removed from office by recall or by the governor. Often such drastic steps are unwarranted, but boards still need mechanisms for addressing board member misconduct. In our new regulation, we provide a list of possible responses beginning with a private discussion between the board president and errant board member and ending with public censure. This last option, censure, is optional language, and boards should carefully discuss the advantages and disadvantages of including this response in the ethics regulation. If included, we recommend using censure sparingly and only after every attempt has been made to educate the errant board member on what constitutes good boardsmanship. Just a starting point... When comparing our board ethics policy to our new board ethics regulation, you will note that there are components of the ethics policy that were not addressed in the complementing regulation. For instance, our new board ethics regulation is silent on steps board members should take to demonstrate that they are champions of public schools. We invite boards to expand on the board ethics regulation with specific actions and behaviors that have worked in your district to help board members better understand how to lead their school districts in a unified, ethical, and studentcentered manner. Copyright, 2015, NDSBA. All rights reserved. This publication and sample policies are the intellectual property of NDSBA and may not be copied, reproduced, distributed or displayed without NDSBA's express written permission. 3

4 RECOMMENDED Descriptor Code: BA SCHOOL BOARD PLEDGE OF ETHICS School board members pledge to be: 1. Champions of the public schools 2. Committed to high quality education for every student 3. Honest and sincere, having the courage of their convictions 4. Willing and capable of assuming board responsibilities 5. Able to work cooperatively with others 6. Non-partisan in dealing with all school matters; the Board does not wish in any way to subordinate the education of children and youth to any partisan principle, group interest, or personal ambition 7. Willing to maintain confidentiality of privileged information 8. Aware that the strength of the Board is as a board, not as individuals; individual board members have no authority or power to act on behalf of the Board; therefore, a board member should never make out-of-meeting commitments 9. Informed concerning state and federal laws and regulations concerning education 10. Faithful in attendance at board meetings and diligent in preparation and study to become informed concerning the issues to be considered at those meetings 11. Willing to conduct school business in open meeting as when required to do so by law, even when the subject is controversial or personal 12. Cognizant that the primary function of the Board is to establish the policies by which the schools are to be administered, but that the administration of the educational program and the conduct of school business shall be left to the Superintendent 13. Eager to learn from association with other school board members from around the state and nation, and open to personal development through reading publications of the National School Boards Association and the North Dakota School Boards Association and attending seminars and conventions of these and similar organizations 14. Aware that it is as important for the Board to understand and evaluate support administration of the educational program of the schools as it is to plan for the business of school operation 15. Vigilant against even the appearance of conflict of interest; board members should become familiar with the laws governing contracts and purchases as they relate to board members and carefully avoid any violation End of [Name of District] Policy BA... Adopted: [11/15] 4

5 BOARD ETHICS REGUALTION 5 Descriptor Code: BA-BR In order to implement the board ethics policy (BA), the [Name of District] School Board hereby adopts the following rules and procedures. To implement items 4 and 12 of the board ethics policy related to board member roles and responsibilities, board members shall: Comply with the district s policy on board member visits to schools (BFD) and the district s policy on visitors in school (KAAA), which prohibit unannounced visits to schools and prohibit visits for the purposes of directing or evaluating school staff Focus on policy adoption and strategic planning; the Superintendent is responsible for policy implementation Not provide directives or feedback to school personnel and not attempt to evaluate them; the Board, as a collective body, may provide directives to the Superintendent and shall evaluate him/her in accordance with law Not review school personnel files without the permission of the Board President with the exception of the superintendent s file Only perform the responsibilities assigned to them through state law or board policy; board members should annually review district policies and state laws governing board responsibilities and authority to ensure compliance with them including, but not limited to, NDCC and the following policies: [list policies that board members should review annually; NDSBA suggests that board members review policies on board ethics (BA), board communication with the public (BGA), agenda preparation (BCAA), procedure for adopting policy (BDA), public participation at board meetings (BCBA), hiring and firing district employees (CABB, DBAA, DBAC, and DKBA), and patron complaints about personnel (KACB)]; if policy or statute is silent on a matter, board members shall assume that they have no authority to act To implement item 5 of the board ethics policy related to cooperation, board members shall: Actively participate at board meetings and allow all board members to have an equal opportunity to speak and offer their perspectives Be willing to concede when casting a minority vote and be willing to publically support, or at least not undermine, the decision of the majority of the Board Be willing to respectfully listen and consider all perspectives at the board table Correspond/communicate with fellow board members, administration, and other school personnel in a professional manner inside and outside the boardroom Follow parliamentary procedure at board meetings including, but not limited to, not talking out of turn or over one another Not use board discussion time as a forum for personally criticizing fellow board members

6 When deemed appropriate by the Board President, board members shall be provided with [#] minutes to speak or ask questions about an agenda item and [#] minute[s] for follow-up comments and questions after every board member has had an opportunity to speak. To implement items 6 and 15 of the board ethics policy related to nonpartisan decision making, board members shall: Determine if a conflict of interest exists is as follows: o An individual board member shall first consider criteria contained in the conflict of interest laws (NDCC and ) and the following factors to determine if s/he has a conflict of interest: Is there a substantial personal or financial benefit to the board member? Is there likely capacity to tempt the school board member to depart from his or her public duty of acting in the best interests of the community? o If the individual board member is uncertain of whether or not s/he has a conflict, s/he is authorized to contact NDSBA legal counsel or the state s attorney to assist with making this determination. o If the individual board member determines that there is a conflict of interest, the board member shall declare it to the board in accordance with applicable law. Avoid making pledges to members of the public concerning an upcoming or past board agenda item and reserve decision making for board meetings after having a chance to hear all perspectives Not attempt to judge other board members motives or reasons for voting in support of or in opposition to a matter before the Board Not use discussion at board meetings to promote a personal agenda; board members should engage in discussion aimed at determining how each agenda item benefits the district as a whole and furthers the district s strategic plan Send questions on agenda items to the Superintendent for clarification and request any additional material needed to inform decision making from the Superintendent To implement items 8 and 11 of the board ethics policy related to individual versus collective board authority and where such authority is appropriately exercised, board members shall: Clarify, when speaking to the public about board matters, that they are speaking individually and that individual board members have no authority to act on their own Comply with state law on open meetings and records when engaged in correspondence or communication with board members inside and outside of board meetings; official board action must only occur at properly noticed board meetings where at least a quorum of the board is present Not issue or engage in official communication of the Board or District unless delegated such authority through board action or policy; official communication may take the form of correspondence with the press, publishing statements on the district s website or social media sites, 6

7 and/or written or verbal correspondence with students, parents, school staff, or other community members Not represent themselves to the public or school employees as have official authority to act on behalf of the Board unless delegated such authority through board action or policy Violations and Sanctions When a board member violates the board ethics policy or regulation, the Board President may: Meet with the errant board member to remind him/her of the requirements contained in the board ethics policy and regulation Place the board ethics policy and regulation on the board agenda for review and reaffirmation by the Board Issue an official statement clarifying that the board member acted without board authority [If the policy or regulation has been repeatedly or substantially violated, request that the Board publically censure the errant board member through a {2/3rds} majority vote] If the errant board member is a board officer (e.g., president or vice president), the Board should review its policy on board officers (BBBA) to determine if there are grounds for removing the board member from this role. End of [Name of District] School Board Regulation... Adopted: [11/15] 7