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Hayward USD |  BB  9200  Board Bylaws

Limits Of Board Member Authority   

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The Governing Board recognizes that the Board is the unit of authority over the district and that a Board member has no individual authority. Board members shall hold the education of students above any partisan principle, group interest, or personal interest.

(cf. 1160 - Political Processes)

(cf. 9000 - Role of the Board)

(cf. 9005 - Governance Standards)

(cf. 9270 - Conflict of Interest)

(cf. 9323 - Meeting Conduct)

Unless agreed to by the Board as a whole, individual members of the Board shall not exercise any administrative responsibility with respect to the schools or command the services of any school employee. Individual Board members shall submit requests for information to the Superintendent. Board members shall refer Board-related correspondence to the Superintendent for forwarding to the Board or for placement on the Board's agenda, as appropriate.

(cf. 1340 - Access to District Records)

(cf. 4112.6/4212.6/4312.6 - Personnel Files)

(cf. 9011 - Disclosure of Confidential/Privileged Information)

(cf. 9322 - Agenda/Meeting Materials)

Individual Board members do not have the authority to resolve complaints. Any Board member approached directly by a person with a complaint should refer the complainant to the Superintendent or designee so that the problem may receive proper consideration and be handled through the appropriate district process.

(cf. 1312.1 - Complaints Concerning District Employees)

(cf. 1312.2 - Complaints Concerning Instructional Materials)

(cf. 1312.3 - Uniform Complaint Procedures)

(cf. 1312.4 - Williams Uniform Complaint Procedures)

(cf. 3320 - Claims and Actions Against the District)

(cf. 4031 - Complaints Concerning Discrimination in Employment)

(cf. 6159.1 - Procedural Safeguards and Complaints for Special Education)

A Board member whose child is attending a district school should be aware of his/her role as a Board member when interacting with district employees about his/her child. Because his/her position as a Board member may inhibit the performance of school personnel, the Board member should inform the Superintendent or designee before volunteering in his/her child's classroom.

(cf. 1240 - Volunteer Assistance)

(cf. 5020 - Parent Rights and Responsibilities)

(cf. 6020 - Parent Involvement)

The Superintendent or designee shall provide a copy of the state's open meeting laws (Brown Act) to each Board member and to anyone who is elected to the Board but has not yet assumed office.

Board members and persons elected to the Board who have not yet assumed office are responsible for complying with the requirements of the Brown Act. (Government Code 54952.1)

Requests for Information by Board Members

Each Governing Board member is entitled to reasonable information necessary to fulfill his/her important role. Such information is to be requested from the Superintendent; no Board member can make a request for information from any other district employee, nor may a Board member unduly burden the Superintendent with questions or requests for information.

The Superintendent may request that the Board President review an individual Board members' request for information or documentation in order to determine whether the request should be honored or brought before the Board for review. If the Board President deems the request reasonable, the Superintendent shall comply with the request. If the Board President concludes the request, or any part thereof, is unreasonable and unnecessary, and that fulfillment of the request would place an undue burden on the Superintendent, the matter shall be referred to the Board for review at its next regularly scheduled meeting. The Board shall then determine whether the Board member's request should be should fulfilled, should be limited in scope, or should be withdrawn.

If the Board determines that an individual Board member's request(s) for information is not being pursued in good faith and for a proper purpose, the Board member may be directed to have all future requests for information first reviewed and approved by the President, with the Superintendent not obligated to respond to such requests until approved by the President or the Board.

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination

7054 Use of district property

35010 Control of district; prescription and enforcement of rules

35100-35351 Governing boards, especially:

35160-35184 Powers and duties

35291 Rules

35292 Visits to schools (Board members)

51101 Rights of parents/guardians

GOVERNMENT CODE

54950-54962 The Ralph M. Brown Act, especially:

54952.1 Member of a legislative body of a local agency

54952.7 Copies of chapter to members of legislative body

Management Resources:

CSBA PUBLICATIONS

CSBA Professional Governance Standards, 2000

Maximizing School Board Leadership: Boardsmanship, 1996

WEB SITES

CSBA: http://www.csba.org

Bylaw HAYWARD UNIFIED SCHOOL DISTRICT

adopted: November 18, 1991 Hayward, California

revised: October 10, 2012