Resources

Ask Betsy's Team - Executive Questions

OSBA staff answers some common (and not so common) questions about board governance, board members' roles and responsibilities, good practices, running board meetings and board conflict. Don't see the answer to your question? Ask Betsy's Team!

Dear members:

Your Ask Betsy Team is dedicated to assisting you by responding to all of your questions. Additionally, we are committed to providing you with the best possible information, tools, and practices in a timely manner. There are times when we must research, or consult with other OSBA staff members to provide an answer to your questions. In these circumstances, we ask for your patience as the normal response time could potentially be delayed. Please expect an initial response, by phone or email, within 24-48 hours of submitting your question, and be aware that additional follow-up could take more time. If your question is time sensitive, please be sure to specify your deadlines in your initial request.

Thank you, we look forward to hearing from you!

Legal Disclaimer: The information contained on this site should not be construed as legal advice. If you need legal advice regarding your particular situation, please seek the advice of OSBA’s legal services or independent counsel.

What is a ‘360 degree evaluation’ of a chief executive (superintendent or college president) and how is it used? - 5/02/11

We are in the process of forming our “Achievement Compact Advisory Committees.” Can you tell me a little bit more about these committees? Who can attend these meetings? Are they open to the public? Are board members allowed or required to attend? - 8/22/12

Can the board add an action item to the agenda at the time of the meeting if the topic was not listed on the original meeting posting notice? - 4/16/10

Do we have to add an agenda item that is not of interest to the rest of the board if it is requested by a board member? - 9/04/07

If a citizen or staff member makes a request to be put on the agenda do they have to be added, can they be refused, and what is the process the board should follow? - 1/03/11

Can we appoint to our budget committee a person who works part-time for the district, making less than $100 a month? - 2/08/13

Our board meeting agenda includes a consent agenda item called "Approval of Bills." These are bills which have already been paid. What happens if we vote NO on this item, or any of the individual bills in it? - 4/30/10

Is the board required to approve all extra-duty contracts? - 1/20/12

Are bid documents, including the documents submitted by the bidders and any evaluation forms or notes used in evaluating the bids, public records which must be released to anyone who requests them? - 9/27/10

Can a board member attend the board meeting and vote over the phone? Are absentee ballots permitted? - 3/25/08

Our superintendent has suggested the board have lunch together at an OSBA conference. I take it this would be illegal if we have a quorum or more board members present? - 11/27/07

Is it legal for the superintendent to talk with a board member in closed-door sessions? The board member discusses the issue with all of the other members before the meeting. - 1/17/08

Which aspects of employee discipline should be handled in executive session vs public session? - 7/13/12

Who can attend executive session meetings? Can a board member invite anyone he or she wishes? - 9/27/11

Which executive sessions can the press be barred from attending? - 10/04/10

What is best practice for the procedure for nominating and electing Board officers and appointing new Board members? - 7/27/12

Can the chair call meetings whenever he or she wants, including executive sessions? - 11/30/12

If our board chair resigns as chair yet remains on the board, do we need a resolution to accept that? Or, can the board just accept the resignation and approve a resolution electing another board member as chair? - 4/05/13

What should the board chair do about audience complaints of personnel that should be handled during executive session? - 9/04/07

When and how can board members use e-mail to communicate with each other? Can they discuss and gain consensus on an item by e-mail? - 4/13/12

Are boards and their committees required to take minutes at all of their meetings and what should the minutes include? - 10/19/12

Do we have to put a notice of our board meetings in the newspaper? Do we have to adopt a newspaper of record? - 11/15/07

Is it possible to conduct a public meeting where all board members are in attendance via electronic device (e.g. computer, phone etc.)? - 2/01/13

One of our board members has volunteered some contracting services to the district, but I believe they would like to pay him for some future services. Is that legal and/or ethical? - 3/15/13

One of our board members speaks to the public and press against the positions taken by the board at our meetings. This board member has also leaked information from executive session meetings. Is there anything the rest of the board can do about this situation? - 9/01/10

Contact information for our school board members is not posted on the district’s website. I read in an “Ask Betsy” response that the public can request school board members personal contact information. So, can a public school not publish contact information and only provide such information upon request? - 12/14/12

What ethical and conflict of interest obligations do Board members have when they know and/or are related to someone who works for the district? - 9/14/12

An individual board member has expressed an interest in spending time working in the district office on the development of the budget with the business official and superintendent, looking for areas to cut and providing direction on individual programs and line items. Is this within the role of the board member? - 3/18/11

Do you have some suggestions about what board members can and can’t say, and should and should not do during collective bargaining? - 3/28/11

Should school board members sit on district interview and hiring committees when the district is hiring employees other than the superintendent? - 11/01/10

Do board meeting minutes have to be signed? - 12/14/10

Can all of our board members participate in a meeting of our political action committee to promote a bond campaign? If so, do we need to post it as a public meeting? - 4/25/12

What requirements must a board and district follow in making budget reductions? - 1/07/09

Is a board retreat the same as a board workshop? Do we have to post notice and allow the media to attend? - 2/14/11

A parent in our district has become irrational and belligerent with our staff, it has become necessary for us to restrict her presence on district property. The superintendent wants to send her a no trespass letter which the board would like to approve prior to sending. Should this be handled in executive session or can we discuss the letter, but not its contents, in open session? - 4/20/12

Should the board secretary be present at ALL meetings; special and executive? - 5/20/13

What does the phrase “Speaking with one voice” mean when referring to board action? - 2/28/11

Unfortunately, our board is now at 6 members. Do I have to consider changing committees that are composed of three members? - 5/04/12

How do we go about filling a board vacancy due to the resignation of a board member? - 12/06/10

Once the budget committee and board have approved the budget, does the superintendent have to bring any change to any of the line items to the board for approval before the expense can be made? - 4/06/12

Can a budget committee member be appointed at a budget committee meeting or does the appointment have to be made at a board meeting? - 2/10/12

Does the budget committee have to approve their own minutes? Can the board approve them? Since the budget committee is done after the final budget meeting in which they approve the proposed budget amount, it seems like the board would have to approve at least the final minutes. - 6/18/12

What are the roles and the responsibilities of the budget committee? - 3/16/12

Do you have any suggestions for tiny districts where there is just one person in an area to be reduced? There is no difference between talking about the area to be reduced and the person to be reduced, and the community members find the board discussions as you describe disingenuous. -

I am an elected school board member and am not up for election this year. Can I write a letter to the editor of the local paper and campaign in other ways in support of two candidates for open seats? - 4/19/13

Are individuals allowed to campaign on the community college, school district or ESD campus, or in district facilities of the institution for which they are seeking a board seat, or during school events which the public attends? Can they distribute flyers on the institution’s property criticizing the current administration and saying ‘Vote for XYZ for the board’? - 6/03/11

Can a board add an executive session to an agenda after the meeting has started, even if the executive session wasn't included on the original meeting posting? - 11/03/09

Can a charter school employee serve as an elected board member of the sponsoring district school board? - 10/03/11

Can a part-time athletic coach serve on the school board? - 6/19/09

May we keep the audio tapes of our meetings as the only official minutes? - 12/01/09

Can a member of the school board be the chair of the budget committee? - 9/18/08

Can board members all "attend" meetings by web cam, speaker phone, or video conference? - 3/23/09

Can board members give voting proxy to another board member who will be at the meeting in person? - 1/22/09

Our board has just passed a resolution supporting a ballton measure. What are the restrictions on the district’s involvement in reporting that action, including information in print materials such as the district newsletter, and advocacy by staff members? - 12/21/09

Can board members vote by email? - 6/20/11

Can boards reduce seats from seven to five or switch from positions representing zones to all at-large positions? - 5/07/09

Can the chair refuse to take a motion? What recourse do other board members have? - 2/07/08

Can we provide dinner at a work session prior to a board meeting? Are there any reporting requirement? What if the board wants to have a dinner not connected to a meeting and not for discussing board business? Is it allowable for the agency to pay for that? - 2/25/08

Can our district's Web site have a link to our county's Voter's Pamphlet if it includes endorsements of our bond measure? - 10/16/08

Does the superintendent's formal evaluation report have to be released if requested by any member of the public? - 1/06/10

Can a school board member also serve on the board of a charter school sponsored by the same district? - 1/14/11

If the board convenes a meeting to hear a complaint against someone, can that person being complained about be excluded from the meeting? - 1/19/10

Can the school board employ someone as an internal auditor, where the person does not report to the superintendent but directly to the board of directors? - 1/21/11

What is the protocol for canceling a meeting? - 1/04/13

Are charter school boards subject to public meetings and public records requirements? - 5/01/09

How can we be clear about motions and amendments so that all the board and those in the audience understand what the board is voting on? - 9/28/07

When and how can board members use email to communicate with each other? Can they discuss and gain consensus on an item by email? - 8/30/11

We are filling a vacant board position. One of the applicants is related to a current board member. Can the current board member participate in the interviews, discussion and vote? - 10/18/10

What should be included in a consent agenda and how and why should a consent agenda be used in a board meeting? - 9/14/07

The superintendent invited the board to select a board member to sit as an ex-officio member on a newly-formed Achievement Compact committee. What parts of the public meetings laws are applicable to the meetings held by the Achievement Compact committee? Are there any specific concerns if there is a quorum of the Board present at these meetings? - 10/26/12

If our board chair resigns as chair yet remains on the board, do we need a resolution to accept that? Or, can the board just accept the resignation and approve a resolution electing another board member as chair? - 4/05/13

If a board member declares a conflict of interest, is he required to state for the minutes the reason he is declaring a conflict? And after declaring a conflict of interest, does he have the right to vote on the motion? - 11/29/07

What level of detail does the budget committee approve? Does it have authority over staffing levels, salaries and labor contracts? - 3/23/12

What is the difference between a resolution and any other motion? - 4/22/08

Can we convene executive session to discuss renewal of staff and administrators? - 2/16/10

Can the board discuss setting district goals while attending OSBA's November convention in Portland? - 10/14/09

Do "blogs" violate public meetings laws? - 1/15/09

Do committee meetings have to follow public meetings laws if there are less than a quorum of board members on the committee? - 4/12/10

Do we have to swear in board members who were re-elected? - 6/22/12

Is it sufficient to list the name of the board member who made a motion, seconded the motion and then state the outcome, passed or failed? Do the actual votes of the board members have to be listed by name? - 1/06/12

Does the school board have to vote to approve the annual financial audit report? - 3/07/11

We had a resignation for an open position last night at our board meeting. If we end up with a tie vote for the new position, which is a real possibility for us, what happens? Does the chair break the vote? - 12/03/07

Our budget committee completed their work and was dismissed before the new lower revenue forecast from the Governor. Does the board have to adjust the budget to the new revenue estimate before adopting it? - 6/04/10

One of our board members requested the board secretary remove a statement he made at the previous meeting from the draft minutes that are going out to the full board to be approved at our next meeting. Should the statement be removed completely or shown but barred out? How can this best be handled? - 9/02/11

Do you have any information on the Dream (Development, Relief, and Education for Alien Minors) Act and what information school districts will be asked to provide and suggested protocols for this process? - 11/16/12

Is there a recommended statement we should put at the end of all board member emails to make it clear that board members cannot hold a discussion by email without possibly violating the public meeting laws? - 7/13/10

Do executive session minutes need to be reviewed, voted on and approved by the board? How should this be done? - 10/26/11

Our board needs to hold an executive session covering three different topic areas of the executive session statute. Do we post these as three separate agenda items, three separate meetings, or as one agenda item or one meeting? - 2/18/11

How much detail must be included in the executive session minutes? - 10/11/10

A few months ago we had a vacancy on our Board. At that time we advertised and interviewed candidates for the position and selected one to fill the vacancy. We now have yet another vacancy, do we need to advertise and interview again or can the Board select a replacement from the previous applicants? - 5/11/12

Our board is filling several seats on the budget committee. We have more applicants than seats. How do we go about voting to fill those seats? - 3/09/12

Are a citizen's First Amendment rights violated when a board chair insists that complaints about personnel be made in executive session? - 5/01/10

What guidelines apply to gifts given by parents or students to teachers, or by staff members and employees and board members to each other? - 12/08/09

Our board needs to hear a transfer request for a student who was previously expelled. Usually, our board hears transfer requests in public session, but this may involve student disciplinary records. How do we handle this situation? - 1/25/08

What are the appropriate procedures for hiring a charter administrator? - 11/02/12

Our board is hiring a new superintendent. May we discuss the terms of the proposed contract, including salary, in executive session when we discuss our candidate selection? - 5/23/11

One of our board members would like to invite the board and partners to a holiday gathering at his house. Can we do this without violating the public meeting laws? What are the pros and cons? - 11/19/10

Staff has asked whether it is okay to bring in home baked goods to share with their classroom and I was not sure of the answer. Our school has taken the position to not allow home baked goods in the classroom but is this practice actually a prohibited state or federal law? - 4/26/13

If a majority of board members are related to members of the union how does the board go about voting to approve the contract? - 9/11/08

Our July organizational meeting is coming up. How do we elect a chair and vice chair? - 6/03/09

How many consecutive board meetings can a board member miss and remain on the board? - 6/09/09

How much detail should be included in our executive session minutes? - 2/01/10

When a board member gets a written note about a board issue, how should it be shared with the full board? - 2/27/09

If we've voted, but later want to change that motion, how do we do it? - 3/04/09

Does a meeting of the superintendent, chair and vice-chair to set the agenda have to be posted as a committee meeting? - 6/19/08

How should the board enter into, and come out of executive session during a meeting, and how should the minutes record this action? - 10/14/11

One of the board members has asked to review the audio recording of one of our recent executive session meetings which he attended. Is it OK for him to do this? Who can review executive session recordings and minutes? - 9/16/11

If an individual board member wants information from the district about a particular topic, how do they go about requesting and receiving the information? - 1/17/12

Are we required to take public input at every meeting and if so what restrictions can we put on the public input? - 10/12/12

Sometimes during a meeting our board talks on and on without anyone making a motion. Is it appropriate for the chair to ask the board if there is a motion? - 10/07/11

July Board Meeting Requirements - 5/31/11

What is the potential liability for both a charter committee member and the charter school for a potentially defamatory comment made by the committee member? - 4/12/13

Is it good practice or required to limit the topics of public comment to agenda items only? - 3/03/08

How long do we have to keep the audio tapes of our board meetings? - 6/30/09

When the board receives general correspondence containing confidential student information how do we file and maintain these records? - 12/09/11

Can a quorum of the board compel board members to attend meetings? We have a minority of members who might not attend a meeting where they will be faced with criticism. The majority of the board wants the minority to attend. - 3/28/13

Can we exclude a reporter from executive session if we believe they have been inappropriately leaking information? - 7/05/11

Do we have to put a notice of our board meetings in the newspaper? Do we have to adopt a newspaper of record? - 1/22/13

Must executive session minutes be separate from regular session minutes, or can they be contained in the body of the regular session minutes? - 3/08/13

Must board members vote on an item if they are present and do not have a conflict of interest? - 2/05/09

Our board is interested in opening our board meeting with an invocation or prayer, like the legislature does. Is this OK? - 3/01/10

How long before a meeting is held does the meeting have to be posted? - 2/12/09

When our board passes a political resolution how should we post it and handle the minutes? - 9/25/08

What is the posting requirement for the first budget committee meeting and how is it different than the notice requirements for regular board meetings? - 2/24/12

How long before the meeting does a special meeting have to be posted? - 7/23/09

Our board voted down a motion because we felt the timing of the discussion was poor. The public is upset because they think we don't support the topic. Is there a better way to handle this situation? - 8/23/10

The District's business manager attended a workshop and was told there could be no discussion of priority lists with corresponding dollar amounts until after the first budget meeting. Is this accurate? - 6/29/12

Although the charter school board meeting dates are posted on the school calendar and anyone can request a packet of materials that will be used at the school board meeting, do the agenda and the minutes need to actually be posted where the public can read them? - 3/01/13

If a person does not speak at or attend a Board meeting, but wants their email or written statement in the record as public comment, can/should we do that? - 1/10/13

What should the process look like for a public hearing on a proposal such as a construction excise tax? - 9/20/10

We are having a public information session on the budget hosted by the superintendent. The full board will be there and will answer questions. Do we need to post this meeting? - 3/02/12

Are we required to take public input at every meeting and if so what restrictions can we put on the public input? - 8/30/07

Should public input be at the beginning or end of the meeting, or during each agenda item? What is the best way to schedule this portion of the meeting? - 1/07/11

What are the Board's obligations to allow participation by the public during board meetings? - 5/18/12

How do we handle a public meetings request for a full board packet before the board meeting? - 6/27/11

What kinds of questions should board members ask in order to provide good fiscal oversight? - 3/30/12

If all of the board members are not present at a board meeting (but we have a quorum, three of five) is it true that if anyone votes no on an item the motion fails? - 12/12/07

If a quorum of the board attends a public forum does the forum have to be posted as a board meeting? - 8/13/08

Help! I think I am about to be recalled. What happens and what should I do? - 2/14/11

Can the chair refuse to take a motion? What recourse do other board members have? - 1/25/13

Do we have to release the audio or videotape of board meetings or can we give them only the written minutes? - 3/31/08

The district has received a request for a copy of executive session minutes from a person who attended the session. How and by whom can they be released? - 5/14/10

Is there a specific way a charter school board must request re-negotiation of the charter school contract with the sponsoring district? Can it be by a verbal request of one of the charter board members at the sponsoring district meeting? - 2/04/11

Our district received a request for contact information for each of our board members. What information do we have to release? Should we first ask the requestor why they want the information? - 9/09/11

Our district received a request for contact information for each of our board members. What information do we have to release? Should we first ask the requestor why they want the information? - 9/12/11

Are public schools required by state or federal law to display an American flag or have students say the Pledge of Allegiance? - 2/22/13

Can we put resolutions on our consent agenda, or do they have to be action items? Do you have to read the entire resolution out loud at a meeting prior to adopting it? - 9/21/12

Can we put resolutions on our consent agenda, or do they have to be action items? - 11/07/08

Our board wants to prepare a response to an article in the newspaper. We would like to have our chair send a draft by e-mail, with each of us responding until we get it in a form we can agree on. Is this OK? - 6/08/12

Can we restrict the use of cell phones and other electronic devices and prohibit note-taking or taping of board meetings? - 4/03/09

What rules have to be followed for retaining board member emails regarding school district business? - 10/21/09

Do drafts of minutes need to be retained? - 7/13/10

When should a board use a roll call vote? - 12/07/12

Are the salaries and benefits of teachers, principals and the superintendent public records which are available to the general public? What about the individual’s evaluations? - 7/08/11

When a single issue board member dominates board meetings, what can be done? - 4/02/08

What happens in the case of split votes with an even number of board members present? - 4/30/08

Our superintendent needs to update board members about staff issues that may turn into grievances. Under what statute can that executive session be held? - 12/28/12

What do we have to do to fill a vacant position? - 8/31/12

Our board wants to hold a summer retreat at a meeting facility outside the boundaries of our district. Is this OK? - 6/01/12

How should the board handle discussion and negotiation of the superintendent's contract? - 5/25/12

Can a superintendent endorse a board candidate running for their board? If they can't endorse, can they give a quote about the candidate? - 5/10/13

Who decides if the superintendent evaluation is held in executive or public session? - 8/25/08

Can we evaluate our superintendent on goals in executive session? - 2/14/13

How does the board go about taking action on employee renewal, non-renewal, contract extension and non-extension as required by law? - 3/13/09

If a board member is talking one-on-one with an individual after a public listening session or board meeting and the individual audio tapes the conversation without the board member being aware of it, can the district or board member take action against the person doing the taping? - 6/13/11

What is the term limit for a board member serving as board chair? - 1/29/08

Can the administration make transfers between budget functions during the year without seeking board approval? - 5/10/10

Our board is planning to meet with another school district board to discuss mutual concerns. Are there any special provisions which need to be followed? - 3/22/13

What is the difference between regular, executive session, special and work session meetings? - 8/22/11

How can the board use sub-committees to improve the way it does business? - 3/08/10

If we videotape or create a podcast of our regular board meetings do we still need to keep written minutes? - 1/28/09

What can and can't we do at work sessions? - 8/30/07

What is the board’s role when budget reductions will include program and staff reductions, including layoffs? Can the board discuss these items in executive session? - 1/26/11

When do committee meetings have to follow public meetings laws about posting and minutes? - 10/17/07

My superintendent gives a packet to the board and to me (board secretary) every meeting. After the meeting, she highlights what needs to be written in the minutes. Should her name be on the minutes, or mine? - 1/14/08