Board Meetings and Minutes
Board Meetings and Minutes
Board Meetings and Minutes
AND
MINUTES
Montana Association
of
School Business Officials
Revised 2002
2Revised 2002
We believe the Content of this manual is obtained from reliable sources and we will endeavor to ensure that the
Services are uninterrupted and that the Content is complete, accurate and timely. Nonetheless, the Content may
contain errors or omissions, or the Services may experience interruption. WE DO NOT, NOR DO ANY OF OUR
CONTENT PROVIDERS, WARRANT OR GUARANTEE ACCURACY, COMPLETENESS OR TIMELINESS
OF THE SERVICES.
Table of Contents
Prior to the Meeting ..........................................................................................................
Meetings.................................................................................................................................3
Required Meetings .................................................................................................................4
Organizational Meeting .........................................................................................................4
Final Budget Meeting ............................................................................................................4
Regular Board Meeting..........................................................................................................4
Special Board Meeting.......................................................................................................... 5
Conduct of Meeting ...............................................................................................................5-6
Recording Minutes................................................................................................................. 6-7
Sample Letter .........................................................................................................................8
Sample Waiver Release .........................................................................................................9
Addendum..............................................................................................................................10-11
Sample Board Minutes...........................................................................................................12
Sample Meeting Agenda........................................................................................................13
Sample Board Minutes...........................................................................................................14-18
Parliamentary Procedure: Roberts Rules of Order ...............................................................22
Revised 2002
Revised 2002
Revised 2002
REQUIRED MEETINGS
ORGANIZATIONAL MEETING (20-3-321)
After the regular election day and after the election certificates are issued to the newly elected
trustees, but not later than the third Saturday in April, the trustees shall hold an organizational
meeting to choose a chairperson, who will serve until the next organizational meeting. They
shall also employ and appoint a competent person, not a member of the trustees, as the clerk of
the district.
A county high school district chooses a member of the board as secretary. Trustees of the
district, except the secretary of trustees of a high school district operating a county high school or
the secretary of a joint board of trustees, do not receive compensation for their services.
Members who reside over three miles from the meeting place shall, however, be reimbursed for
their travel to board meetings at the approved state rate. (20-3-311)
School district trustee positions will become vacant if a trustee dies, resigns, is no longer
registered to vote, moves from the district, fails to attend three consecutive meetings without a
good excuse, is absent from the district for 60 consecutive days, has been removed from office
under the provisions of 20-3-310, ceases to have the capacity to hold the office under any other
provision of the law, or when an elected candidate fails to qualify by receiving a certificate of
election and completing and filing the oath of office with the county superintendent.( 20-3-307)
(20-3-308)
FINAL BUDGET MEETING (20-9-115, 131)
A preliminary budget meeting is no longer required. Between July 24 and August 4 of each
year, notice must be published in the local or county newspaper stating the time and place that
the trustees will meet on the second Monday of August to consider and adopt the final budget,
that the meeting may be continued from day to day until the final adoption of the budget, and
that any taxpayer in the district may appear at the meeting and be heard for or against any part of
the budget. The trustees may continue the meeting from day to day, but will adopt the final
budget no later than the fourth Monday in August. (20-9-131)
REGULAR BOARD MEETING (20-3-322)
In first class elementary districts, the trustees shall hold at least one regular meeting per month in
addition to the budget and organizational meetings. In other districts, regular meetings must be
held during the months of April, July, October, and January.
The trustees shall adopt a policy setting the day and time for the minimum number of regular
school board meetings, and any other regular meeting days the trustees wish to establish. Except
for a storm, fire, explosion, community disaster, insurrection, act of God, or other unforeseen
destruction or impairment of school district property, meetings must be conducted in
handicapped accessible school buildings or another handicapped accessible publicly owned
building in the district. Adequate notice must be given to allow the public time to participate.
Revised 2002
when an open meeting would have a detrimental effect on the litigating position of the
district. A meeting may not be closed to discuss strategy in litigation in which the only
parties are public bodies. . The district clerk, superintendent, and board chair must keep
abreast of changing rules regarding privacy, in particular, the Family Education Rights
and Privacy Act (FERPA), Individuals with Disabilities Education Act (IDEA) and state
law.
RECORDING MINUTES (20-3-323)
The district clerk is required by law to attend all meetings of the board of trustees
and to keep accurate and permanent records of each meeting, including a record of all adopted
polices and all other action taken by the trustees. If the district clerk must be absent from a
meeting, the trustees assign the responsibility of writing the minutes to one of their members or
another district employee. (20-3-325) Minutes of a closed session should be sealed and kept in a
safe place; the minutes could be subject to a court order, but not necessarily to a subpoena by a
lawyer, according to MSBA Executive Director and past Legal Council, Lance Melton. (2-3212) A subpoena is generally issued without scrutiny; check with your attorney before
complying.
Minutes are a permanent record of business transacted in the district. In addition to the date,
time, and place of the meeting, the minutes must include the substance of matters discussed,
wording of each motion, attendance and voting records of each trustee present, and all other
pertinent information, including a detailed statement of expenditures, containing the name of any
person or business paid, and showing the service rendered or goods furnished (without infringing
on privacy rights). Minutes should reflect the clerk's impression of what happened at the
meeting, and should try to convey the reason the trustees took the action. Keep it clean, keep it
concise, but not wordy.
Before approval by the board, the minutes are CLERK'S minutes, and are NOT official minutes.
However, the public has the right to know what happened at the meeting, and it is not a districts
intention to conceal actions taken by the trustees. Therefore, the clerk's minutes, prior to trustee
approval, may be available for public inspection as soon as feasible after the meeting, with the
notation that the minutes are UNOFFICIAL MINUTES AND SUBJECT TO CHANGE. (2-6102, 104) The clerks minutes or the official board minutes must not be removed from the office
in which they are kept, except upon the order of a court or judge. (2-6-105).
A written copy of the minutes shall be available within five working days after approval by the
board of trustees at a cost of no more than 15 cents per page, with one free copy provided to the
local press. The board must approve the minutes no later than one month following the meeting
if it meets on a regular monthly basis. If a board does not meet on a monthly basis, it shall
approve the minutes at the next regular or special meeting, but not more than 40 days after the
meeting, except that the board is not required to meet to approve the minutes of a meeting at
which no substantive business was conducted.
Revised 2002
If the district clerk tapes the minutes, and the trustees choose to destroy the tapes after the
minutes are approved, the district should have a policy for disposition of the tapes, and abide by
the retention schedules. (20-6-403) If the trustees approve, and they have obtained the written
approval of the local government records destruction subcommittee, a school officer may destroy
records that have met the retention period. (20-1-212) The local government records committee
is a good source for advise for setting policy for destruction of the tapes. Be aware that
regardless of your intentions, a party will likely claim intentional destruction of evidence in such
cases. Minutes have a presumption of accuracy and admissibility under Rule 902, Montana
Rules of Evidence.
The district clerk is the custodian of all documents, records, and reports of the trustees, and is
entitled to the possession of all books and papers pertaining to the office, but only until he/she
vacates the office. The documents stay with the office.(2-6-107, 108) The original records
pertaining to the office may not be removed from the office, except by an order from the court.
However, a certified copy of minutes with the school seal is sufficient for a court hearing, and is
admissible as evidence in a court of law. (2-6-105, 106)
In forming K-12 districts, minutes and records are entrusted to the high school district. (20-6703(1b). Minutes, records, and documents of abandoned districts are transferred to the
receiving district.
Revised 2002
Sample letter from Lance Melton, MSBA Executive Director and past Legal Council
Subject:
Dear [party with privacy interest, as applicable]
The Board of Trustees of [insert applicable name] will he considering matters
related to the above referenced matter at its meeting of [insert date of applicable
meeting].
Unless you express an objection, the Board is likely to discuss the above-referenced
matter in executive (closed) session to protect your privacy.
As one of the parties about whom the discussion will pertain, you have the right to waive
your right of individual privacy. If you do so, the portion of the discussion pertaining to
you will he held in open (public) session. If you wish to waive your
right of privacy and have the portion of the discussion pertaining to you held in open
(public) session, please contact this office no later than [insert date], If this office does
not hear from you by the date indicated, we will assume that you have no objection to the
board considering the above-referenced matter in executive (closed) session. You are
invited to attend the portion of the meeting during which discussion will pertain to the
above-referenced issue.
Thank you in advance for your cooperation and assistance.
Sincerely,
Clerk,
School District
9
Revised 2002
Sample waiver release form from Lance Melton, MSBA Executive Director and past Legal Council
NAME:
ADDRESS:
SSN.
DOB:
Date:
Subject of Privacy Interest:
Any and all right of privacy that I may have or may have in information to be discussed by the
Trustees of the
School District at its meeting of (insert applicable date)
I,
,understand that I have a right of privacy in the matter
identified under the heading Subject of Privacy Interest above. I understand that the presiding
officer of the Board is likely to determine that such discussion take place in executive (closed)
session due to my privacy interests.
I hereby voluntarily waive any and all right of privacy that I have or may have in the abovereferenced information. I hereby authorize and demand that the Trustees of ________________
School District hold the portion of the meeting on the above-referenced information that pertains
to me in open (public) session.
I understand that I may revoke this waiver of privacy at any time by giving written notice to the
Board of (insert applicable board). However, I also understand that any discussion held prior
to the Boards receipt of my written notice revoking this waiver of privacy shall not be a breach
of my right of privacy.
SIGNATURE
Revised 2002
DATE
10
ADDENDUM
PARLIAMENTARY PROCEDURE
General Information
Reference: Roberts Rules of Order, 1990 edition
American parliamentary law ensures that rights of the majority, of the minority, of individuals or
absentees are respected and recognizes that an assembly is sometimes necessarily protected from
itself. Not all of Roberts Rules apply to a small group such as a board of trustees.
A consent agenda can include items that are general routine business, for example, approval of
minutes, etc. A trustee would make a motion to approve the consent agenda items. In general,
the business of a board of trustees should follow the order of: motion, second, discussion and
vote on an issue. Many boards allow discussion before a motion, although this is not according
to proper procedure. Boards that do not ordinarily follow parliamentary procedure must be
careful to follow proper procedure when controversial or legally technical matters arise.
One matter is considered at a time. A main motion includes any action the board wishes that
does not conflict with national, state, or local law. The motion must be placed on the floor
before discussion. Any motion adopted by a board of trustees that conflicts with law, even if by
a unanimous vote, is invalid. The language to place an action on the floor should be I move,
rather than I make a motion. A main motion cannot present substantially the same question as
a motion previously rejected during the same session.
A main motion may be amended. An amendment may be a substitution or modification of or an
addition to the original intent of the motion. It must be relevant and appropriate and cannot have
the effect of changing the result of a previous action taken by the board.
A motion to reconsider enables a majority of the trustees, within a limited time, without notice,
to bring back for further consideration a motion that has already been considered. The purpose
of such a motion is to allow correction of hasty, ill-advised, or erroneous actions or to allow for
added information or changes that have developed since the taking of the vote. A member who
voted on the prevailing side makes the motion. If the motion to reconsider is adopted by
unanimous consent, all the members present are in the same position as if they had voted on the
prevailing side and qualify to move to reconsider. (Roberts Rules of Order # 36)
The Previous Question is the motion used to immediately close debate and the making of
subsidiary motions except the motion to lay on the table. (Roberts Rules of Order # 16) A
second is necessary and the motion is not debatable nor amendable. It requires a two-thirds
majority vote; if it does not receive the necessary two-thirds vote, debate continues as if this
motion had not been made. The motion to Lay on the Table allows the trustees to lay the
pending question aside temporarily when something else of immediate urgency has arisen.
11 Revised 2002
There is no set time for taking the matter up again, but it can be reconsidered whenever the
majority wishes. (Roberts Rules of Order # 17) Ordinarily, the motion is out of order if the
evident intent is to kill or avoid dealing with a matter.
The adoption of the motion to adjourn immediately closes the meeting. Unlike the adjournment,
a recess means the board plans to return and continue where they left off. The only time a
meeting is recessed until the next day would be for the budget meeting.
Special thank you for their support and technical advice to Lance Melton, MSBA
Executive Director and past Legal Council and Rand B. Bradley, Superintendent, Twin
Bridges School.
Revised 2002
12
Call to order
Approval of previous meeting minutes
Recognition of visitors, public input
Student Representative's report
BUSINESS
A.
Management
1.
Summer projects
2.
Attendance agreements
3.
Transportation agreements
B.
Personnel
1.
Extracurricular positions
2.
Teacher contracts
3.
Non-renewal of bus driver position
C.
Finance
1.
Approve claims, sign warrants
2.
Clerk's report
D.
Communications
1.
Planning celebration party for last day of school (staff)
Students - School Program
E.
F.
1.
Principal's report
Elementary - Groucho Marx
High school - Atilla the Hun
14
occasions was not reason enough to non-renew his employment, but the trustees disagreed.
Motion by Vain, seconded by Blue, to not renew Carl Crankshaft's employment as bus
driver for the 02/03 school year, due to a poor driving record. Passed 5-0.
District Clerk Clever Fingers presented the warrants for payment. Motion by Blue, seconded by
Blow, to approve payment for elementary claim warrant #'s 2213-2275, high school claim
warrant #'s 2517-2869, and payroll warrant #'s 10,117-10,289. Passed 5-0. Mr. Fingers also
reported that investment of the district's money has brought in $9,781.27 in interest this month.
He reported that he will attend the MASBO summer session in late June, and get help with this
year's trustee's reports and budgets.
Superintendent Sam reported that planning is continuing for a last day of school party for the
staff on May 25, 2002. Staff members are eagerly anticipating the day.
Elementary Principal Groucho Marx reported that he called the dog catcher to pick up six
dogs this past month, because they were running across the lawn. High School Principal Attila
the Hun reported that he tried to catch six students who were running across the lawn with the
dogs, but they evaded him when he fell in the fish pond in the park.
The meeting was adjourned at 12:25 A.M.
SIGNED:
ATTEST:
Revised 2002
16
Business Manager
Report
Warrants paid
17 Revised 2002
Chairman Brown asked District Clerk Clever Fingers to read the minutes
of the last regular meeting. Motion by Smith, seconded by
Vain, to approve the minutes of the meeting of June 9 as read. Passed 50.
District Clerk Clever Fingers presented the warrants for payment.
Motion by Blue, seconded by Blow, to approve payment of elementary
claim warrant #s 2213-2275, high school claim warrant #s 2517-2869,
and payroll warrant #s 10,117-10,289. Passed 5-0. Mr. Fingers reported
that investment of the districts money has brought in $9,781.27 in interest
this month. He reported that he will attend the MASBO summer session
in late June, and get help with this years trustee reports and budgets.
Board Meetings & Minutes -
Administrative
Reports
Attendance
Agreements
Transportation
Agreements
Summer projects
Extra-curricular
Positions
Teacher contracts
First Grade
Revised 2002
Extra-curricular positions were discussed. No one signed the extracurricular list as coach or sponsor this year, so the trustees will assign
positions at the next board meeting. No action was taken.
Superintendent Sam informed the trustees that he and the
have interviewed ten candidates for the first grade teaching position.
Silly Sue had a good interview, and all her qualifications are excellent; he
recommended that the trustees hire her. Motion by Smith, seconded by
Vain, to hire Silly Sue as first grade teacher per the salary schedule.
Passed 3-2. Blue, Blow opposed.
Board Meetings & Minutes -
18
Bus Driver
non-renewal
Planning
Staff party
The next board meeting is Tuesday, August 22, 2002 at 8:00 P.M.
The meeting was adjourned at 12:25 A.M.
SIGNED:
ATTEST:
Signed:
Attest:
19 Revised 2002
20
C
C
C
Rules contained in the bylaws (or school board policy, which is the
equivalent document for a board);
Procedural rules established by law;
Rules that embody fundamental principles of parliamentary law, such
as:
C
the rule that allows only one question to be considered at a time;
C
the rule limiting the right to vote to members;
C
the rule prohibiting absentee voting (e.g. proxies)
C
C
21 Revised 2002
authority or written rules, the established custom should be adhered to unless the
assembly, by a majority vote, agrees to do otherwise." Roberts Rules of Order
(10th ed.), p. 17, l. 15-18.
In addition, the Tenth Edition clarifies:
C
C
C
C
C
C
C
C
C
C
That the chairs wording of a motion when it is put to a vote is the definitive
version to be included in the minutes.
The custom of "standing at ease," which has been distinguished from a recess. A
meeting is said to stand and ease if the chair, without objection, simply permits
a brief pause, without a declaration of recess. In such a case there is technically
no interruption of the meeting and members remain in their places. Quiet
conversation among neighboring members may take place, but must cease when
the chair declares the meeting again in order or any member objects to continuing
to stand at ease.
The difference in effect between recessing and adjourning.
What may be considered at a special meeting.
The rules respecting amendment of motions for which previous notice has been
given.
The vote needed to change an agenda or program previously adopted.
The rules concerning preference in recognition to take account of the right to give
previous notice of a motion.
That members cannot be compelled to abstain from voting on the grounds of
personal interest, even though they should do so.
That a motion to take an informal straw poll is improper.
The right of a member to appeal the action of the chair in ordering the removal of
a nonmember. "The chair has the power to require nonmembers to leave the hall,
or to order their removal, at any time during the meeting; and the nonmembers
have no right of appeal from such an order of the presiding officer. However, such
an order may be appealed by a member." Roberts Rules of Order (10th ed.) 61,
p. 628.
II. Introduction:
The rules of parliamentary procedure are meant to simplify, not complicate a meeting. The
purpose of parliamentary procedure is to make it easier for people to work together effectively
and to help groups accomplish fulfill their purposes as efficiently as possible. This is also one of
the primary roles of the Board Chair.
Page 22
Armed with a basic knowledge of Roberts Rules of Order, and the understanding of how to
apply such rules, a Board Chair can establish and maintain credibility, and justify the respect of
fellow board members that have elected the Chair to a leadership position.
III.
Page 23
The most effective meetings are those conducted by a presiding officer who knows
Roberts Rules of Order, who has sent the agenda, has provided any pertinent
information to the members before the meeting, and has provided paper and pencil for the
members to write down motions. The following tips should assist the Board Chair in
efficient progress through an agenda.
1.
A Board Chair should know that no one can discuss an issue unless a motion is
first made and then seconded. This saves time! If a motion isnt seconded, there
is nothing to discuss.
2.
Providing members with paper and pencil to write a clearly thought out motion
can save time, and reduce confusion regarding the intent of such motion. A wellthought-out motion includes direction regarding what the group is to do, how and
when it is to be done, and how much time and money is to be spent.
3.
Another way to save time is to provide members the information they need
sufficiently in advance of the meeting to allow adequate preparation and research
of the issues that will be discussed.
4.
The Board Chair needs to know when to call for the vote to keep things moving.
Lets say someone has made a motion, and the chair has repeated it. It is moved
and seconded to . . . . Is there any discussion? If the chair determines no one is
standing to discuss the motion, the chair can say, All those in favor, say Aye
(wait for the response from the group). Those opposed say, No (wait for
response). Announce the vote. The
Ayes have it and the motion is carried. or, alternatively, the chair will say, The
Noes have it; and the motion fails. Then go on to the next agenda item.
Page 24
5.
Another thing many people dont know is that a member can speak twice to a
motion, but only after everyone who wants to speak for the first time has done so.
This certainly keeps debate going, and helps prevent monopolization of the debate
by a single member or faction.
6.
A Board Chair who is an effective leader should provide his membership with
information to enable them to become active participants in effective meetings.
V.
Roberts Rules of Order are extremely complex and technical if followed literally in
every instance. For the purposes of effectively running a school board meeting, strict
compliance is not necessary, and can actually lead to inefficient progress through an
agenda. The best way to apply Roberts Rules of Order are with a strong dose of
common sense.
Montana law does not specifically require strict compliance with Roberts Rules of
Order. The operative section of law specifies as follows:
20_3_321. Organization and officers.
...
The Board Chair of the trustees of any district . . . . shall preside at all the
meetings of the trustees in accordance with the customary rules of order. He shall
perform the duties prescribed by this title and any other duties that normally
pertain to such officer.
"In the absence of the adoption of rules of procedure and in the absence of statutory
regulation, the generally accepted rules of parliamentary procedure control . . . ." 59 Am.
Jur. 2d Parliamentary Law 3 (1987)(citations omitted). "If there is no specific,
unambiguous statute or charter provision, resort may be had to Robert's Rules of Order
[Newly Revised] for light on relevant parliamentary usages of deliberative assemblies."
59 Am. Jur. 2d Parliamentary Law 3 (1987)(citations omitted).
The proper oversight of a school board meeting can be accomplished without following
Roberts Rules of Order in all instances, however. School Boards should review their
policies, and ensure that strict compliance is not required under such policies. If the
districts policy does require strict compliance, minor infractions of the numerous rules
could serve as the basis for a legal challenge of board action.
Recommendation: Adopt a policy that provides for use of Roberts Rules
of Order as a guide, and identify enumerated, key rules that will be
strictly enforced at all times.
The key rules should involve principles of fairness that will fulfill
the will of the majority while protecting the rights of the minority.
By adopting key rules of order, you will both prevent formalities
Page 25
and informalities that prevent you from getting your job done
efficiently.
VI.
1.
2.
3.
Only one trustee has the floor at any given time. (i.e. only one person may
speak at a time.), and only after recognition by the chair. Do not let over-talkers
dominate the meeting.;
4.
Only one question may be discussed at a time. All comments made by the
speaker should pertain only to the issue at hand. If the Board is going in circles,
however, CALL THE QUESTION.;
5.
All trustees have equal rights, privileges and obligations. The chair must assure
that each trustee has an opportunity to express his or her point of view, including
those trustees holding the minority position on a given issue. Be firm in dealing
with personal attacks and abusive conduct.;
6.
Any question which limits board members' rights of discussion or changes the
agreed order of business requires a 2/3 vote of the members present;
7.
Any matter once decided cannot be brought up again at the same meeting, except
by a motion to reconsider;
8.
The majority decides (in most cases, more than 1/2, in some cases 2/3 or 3/4); and
9.
The simplest, clearest and most expeditious way is considered proper, as long as it
does not violate the rights of board members.
VII.
The Board Chair has a special role in presiding over meetings under Roberts Rules of
Order. It is a position of leadership, involving conflict management, requiring tact,
common sense, and a dedication to fairness. The Board Chairs role is pervasive,
covering everything from the call to order to the declaration of adjournment. Specific
responsibilities include the following:
1.
Call to order. It is the responsibility of the Board Chair to call the meeting to
order and determine whether a quorum is present. A quorum for any meeting is a
majority of the trustees' membership. 20-3-322, MCA.
2.
Announce in proper sequence the business that comes before the assembly in
Page 26
5.
Close discussion and put motions to vote. Votes on undebatable motions should
be called immediately. If any member objects to closing discussion on a
debatable motion, a 2/3 vote is required to order to close a debate. Restate the
motion exactly as it was made or amended before calling for a vote.
6.
Announce the result of a vote immediately. A tie vote defeats a motion requiring
a majority of those voting.
7.
Avoid entering the center of any controversy unless you first step down. This
does not mean, however, that you cannot participate in debate.
8.
Maintain order and proper procedure, making necessary rulings promptly and
clearly.
9.
Expedite board business in every way compatible with the rights of board
members. you can allow brief remarks on undebatable motions, advise board
members how to take action (proper motion or form of motion), or order proposed
routine action without a formal vote ("If there is no objection, the minutes will
stand approved as read. Hearing no objection so ordered").
10.
Protect the board from frivolous motions whose purpose is to obstruct the board's
business. You can refuse to entertain such motions. Never adopt such a course,
however, merely to expedite business.
11.
Guard the board's time by having them vote to adopt an agenda at the beginning
of the meeting. Follow the agenda faithfully. Do not permit unauthorized
interruptions by spectators.
Page 27
1.
As stated above, Roberts Rules of Order provide that a Chairperson should vote only to
break a tie when possible, while section 20-3-323(2) requires the recording of the vote of
each trustee present, including the Board Chair, regardless of how it affects the outcome.
A Board Chair following Roberts Rules of Order in refusing to vote unless to break a tie
will violate Montana law requiring such vote.
Although Roberts Rules of Order allows the board chair to make motions, a board chair
should attempt to refrain from doing so when possible, as it is not practical for the Board
Chair to both make motions and determine whether the making of such motion is proper.
With respect to seconding motions, Roberts Rules of Order are silent, but probably do
not contemplate the Chair performing such a role. However, in light of the fact that
Roberts Rules of Order specify that seconding a motion merely indicates willingness to
have the matter debated, there is little harm in allowing a Chair to second motions.
2.
Changing the Order of Business from the Order Specified on the Noticed
Agenda
Roberts Rules of Order provide for a fairly simple means of adding items on the agenda,
by passing a motion to suspend the rules by a 2/3 vote. Under Montana law, however,
boards are subject to public notice requirements for meetings.
Meeting Open Only in Theory When No Public Notice Given: The open
meeting law requires public notice of a meeting subject to that law. Without
public notice, a meeting is open to the public in theory only, not in practice.
Common Cause of Mont. v. Statutory Comm. to Nominate Candidates for
Comm'r of Political Practices, 263 Mont. 324 (1994).
Under the holding above, adding items on the agenda could lead to a legal action for
violation of the open meeting laws by virtue of inadequate notice, and could result in the
district being liable for attorney fees of a party challenging the meeting on these grounds,
even though Roberts Rules of Order authorizes the practice.
3.
Page 28
Article II, Section 8: Right of participation. The public has the right to expect
governmental agencies to afford such reasonable opportunity for citizen
participation in the operation of the agencies prior to the final decision as may be
provided by law.
Under this constitutional provision, the public has a right to have input into final
decisions of significant interest. A district strictly following Roberts Rules of Order
would not allow such input, and would violate Montana law by prohibiting such input.
4.
Secret Ballots
2.
A long motion should be written out and passed to the Board Chair. It is
best to have motions properly worded by the Superintendent/staff,
although the substance of such motions should not be affected by the
wording.
B.
C.
The mover of the motion may request the assistance of the Board Chair in
getting a precise wording of the motion. This should be done before the
motion is formally placed before the Board by the Board Chair.
Seconding a Motion:
A.
If no member seconds the motion, the motion fails. The Board Chair must
ensure that all Board members have heard the motion before proceeding to
other business.
B.
A second merely implies that the motion should come before the board
and not necessarily that the motion is favored. You are not required or
obligated to vote for a motion just because you make or second the
Page 29
C.
3.
When a motion that is in order has been made and seconded, the Board
Chair formally places it before the assembly by stating the question.
B.
C.
4.
Turn first to the maker of the motion to see if he/she wishes to speak.
B.
C.
The Board Chair has the same rights as all other members, unless your
bylaws or rules specify otherwise. If the Board Chair, however,
engages as one of the primary proponents or opponents, he or she
should temporarily step down to avoid appearance of improper
advantage.
D.
The speaker should not be interrupted as long as he/she does not violate
the rules of the assembly.
Page 30
E.
5.
6.
The presiding officer cannot close debate as long as any member who has
not exhausted his right to debate desires the floor, except by a CALL
FOR THE PREVIOUS QUESTION, which requires a two-thirds vote.
If someone calls the question, the Board Chair may ask, Is there any
objection to calling the question? If there is unanimous consent, you may
close debate. If there is not unanimous consent, you must vote on the
CALL FOR THE QUESTION (2/3 vote).
Before calling for the vote, the Board Chair must repeat the motion
pending, so that everyone knows what the vote will entail.
B.
The normal method of voting is by voice vote unless the Board has agreed
to a different type of voting, such as a show of hands, or a rising vote. DO
NOT vary the way you vote according to your opinion of the importance
of the motion.
C.
The Board Chair must always call for the negative vote, no matter how
near unanimous the vote may appear.
D.
If any member objects, the Board would need to handle the issue as a
regular motion.
3.
Page 31
X.
Common Motions
Majority vote
not debatable
not amendable
Purpose:
To bring up for consideration an issue that has been laid on the table.
Effect of adoption: Puts motion before board again in exactly the same condition as
when laid on table.
2. MOTION TO RECONSIDER
Requires second
Majority vote
debatable
not amendable
Purpose:
To set aside a previous vote and reconsider the question for
adoption or rejection.
Restrictions:
Effect of motion:
Effect of adoption: Sets aside original vote, puts matter back to where it was just
before that vote was taken.
3. MOTION TO RESCIND
Requires second
Majority vote
2/3 w/o notice
debatable
amendable
Purpose:
Page 32
Restrictions:
Motion can be made by any member. If action has already been
taken, vote cannot be reversed. Motion is subject to a 2/3 vote or majority vote when
notice of the motion has been provided in the call of the meeting.
Effect of motion:
Effect of adoption: Sets aside original vote, puts matter back to where it was just
before that vote was taken.
4. MAIN MOTION
MAIN MOTIONS NOT IN ORDER
1.
2.
3.
No main motion is in order that conflicts with national, state, or local law.
No main motion is in order that presents substantially the same question as
a motion previously rejected during the same session.
A main motion that proposes action outside the scope of the organizations
objectives, as defined by the policies.
Majority vote
debatable
Amendable
Purpose:
To kill main motion without a formal vote; trial vote to test strength.
Majority vote
debatable*
amendable
Purpose:
To put motion in most acceptable form before voting on it, by striking out
or inserting words or substituting one paragraph or motion for another.
Restrictions: An amendment to a pending amendment may be proposed, but not an
amendment to the third degree. No idea already inserted by an amendment may be
changed by a later amendment. Any germane amendment is in order as long as it is not
identical in effect to a no vote on the main motion.
*Not debatable if motion to which it applies is not debatable.
Effect of adoption:
Page 33
2/3 vote
not debatable
not amendable
Purpose:
Form:
Majority vote
not debatable
not amendable
Purpose:
To set a matter aside temporarily. May be moved even after the previous
question has been ordered.
Effect of adoption: Matter on table may be brought up again, but not later than the
next meeting, by adoption of a main motion to take it off the table.
9. QUESTION OF ORDER
No second
Decision of Chair
not debatable
not amendable
Purpose:
Form:
majority vote
not debatable
not amendable
Page 34
Purpose:
Form:
Majority vote
not debatable
not amendable*
Purpose:
Amendable:
As to length of recess.
Majority
not debatable
not amendable
Purpose:
Restrictions:
Page 35