Public School Academies Unit Technical Assistance Webinar

1
Public School Academies Unit Technical Assistance
Webinar

• Board Responsibility and Authority
• March 7, 2012

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Public School Academies Unit Technical Assistance
Webinar

• Mark S. Eitrem
• Public School Academies Manager

3
Caveat

• We are not attorneys nor are we subject matter
  experts in any law. We are, however, relatively
  knowledgeable about a wide range of subjects,
  including public school academy boards and their
  operations. We have compiled this information
  for the general use of charter school developers
  and current charter school board members.
  Attorneys are subject matter experts in many of
  these issues and should be consulted directly if
  somebody has a specific question regarding any of
  the legal issues presented within this webinar.

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Proposed Outcomes

• Articulate the general expectations for board
  responsibility including meetings, agendas,
  vetting and monitoring vendors, and more.
• Understand the basics of FOIA, as it applies to a
  nonprofit receiving federal grant funds.
• Apply the requirements of the open meetings act
  to nonprofits receiving federal grant funds.
• Gain knowledge of parliamentary procedure, and
  find out where to obtain additional resources.

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General Expectations

• Members of the Community
• U.S. Citizens
• Public Officials
• Oath of Office
• Conflicts of Interest
• Fixed Terms

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Academy Board Functions

• Hire Fire a School Leader
• Establish, Maintain and Enforce Board Policies
• Establish and Enforce Budgets
• Abide By Contracts and the Law
• Provide Strategic Vision Goals

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Topics of Board Training

• Board member roles and responsibilities
• Board and superintendent relations
• Leadership skills
• Legal issues in education
• Board accountability
• Communications
• Budget/resource allocation
• Student achievement issues
• Strategic planning
• Community engagement
• Community collaborations/partnerships

http//www.nsba.org/Board-Leadership/Surveys/Schoo
lBoardsattheDawnofthe21stCentury.pdf
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Meeting Schedules

• We recommend that Academy Boards meet once a
  month. (Average is 14 meetings per year,
  including special meetings)
• Special Meetings can be held for any reason,
  typically negotiations, budgets, discipline, or
  quorem issues with a regular meeting.
• Many School Boards do not meet in July.
• The first meeting in each fiscal year (July 1 to
  June 30) is normally called the Organizational
  Meeting.
• Board Meeting Schedule is typically approved in
  June.

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Organizational Meeting

• New Board Officers are Selected (Typically,
  President, Vice President, Secretary and
  Treasurer)
• Approve Annual Contracts
• Approve Selection of Newspaper Bank
• Approve School Calendar
• Approve New Policies (if any) Handbooks

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Agenda

1. Call to Order
2. Roll Call
3. Approval of Minutes from Previous Meeting
4. Approval of Current Meeting Agenda
5. Public Comment (related to Board Agenda)
6. Committee Reports (Standing Ad Hoc)
7. Treasurers Report
8. Administrators Report
9. Old Business
10. New Business
11. Extended Public Comment (Any Issue)
12. Other Business
13. Adjournment

An Hour is Just About Right!!!
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Freedom of Information Act (FOIA)

• Ron Schneider
• Public School Academies Consultant

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Basic Intent of FOIA

• The Freedom of Information Act regulates and sets
  requirements for the disclosure of public records
  by all public bodies in the state. All public
  bodies must have a FOIA coordinator.

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Key Definitions

• Public body means a state officer, employee,
  agency, department, division, bureau, board,
  commission, council, authority, or other body in
  the executive branch of the state government, but
  does not include the governor or lieutenant
  governor, the executive office of the governor or
  lieutenant governor, or employees thereof. It
  also includes
• an agency, board, commission, or council in the
  legislative branch of the state government
• a county, city, township, village, inter county,
  inter city, or regional governing body, council,
  school district, special district, or municipal
  corporation, or a board, department, commission,
  council or agency thereof or
• any other body which is created by state or local
  authority or which is primarily funded by or
  through state or local authority. It does not
  include private non-profit corporations.
• Public record means a writing prepared, owned,
  used, in the possession of, or retained by a
  public body in the performance of an official
  function, from the time it is created.

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Coverage

• FOIA sets requirements for the disclosure of
  public records by all public bodies in the
  state. All state agencies, county and other local
  governments, school boards, other boards,
  departments, commissions, councils, and public
  colleges and universities are covered.
• If you are a PSA, I recommend the PSAs and ESPs
  attorneys meet so there is a clear understanding
  about the FOIA process if either entity receives
  a request. ( for example, review Bacon v. The
  Leona Group/Walter French Academy, 2000)
• If you are a sub grantee, I recommend you meet
  with your attorney and have a FOIA plan.

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Public Records Open For Disclosure

• In general, all records except those specifically
  cited as exceptions are covered by the Freedom of
  Information Act. The records covered include
• Minutes of open meetings, officials voting
  records, staff manuals, final orders or decisions
  in contested cases and the records on which they
  were made, and promulgated rules.
• Other written statements which implement or
  interpret laws, rules or policies, including, but
  not limited to, guidelines, manuals and forms
  with instructions, adopted or used by the agency
  in the discharge of its functions, are also
  covered.
• It does not matter what form the record is in or
  the location handwriting, typewriting,
  printing, photographing, photocopying and every
  other means of recording. It includes letters,
  words, pictures, sounds or symbols, or
  combinations thereof, as well as papers, maps.
• Correspondence/e-mails between Board members
  employees
• It does not include computer software.

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Public Records Exempt From Disclosure

• Specific personal information about an individual
  if the release would constitute a clearly
  unwarranted invasion of that individual's
  privacy.
• Investigating records compiled for law
  enforcement purposes, but only to the extent that
  disclosure as a public record would do any of the
  following
• interfere with law enforcement proceedings
• deprive a person of the right to a fair trial or
  impartial administrative adjudication
• constitute an unwarranted invasion of personal
  privacy
• Records which if disclosed would violate the
  Family Educational Rights and Privacy Act (FERPA)
  of 1974 (primarily student records).
• Records specifically exempted from disclosure by
  another statute.

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Records Exempt From Disclosure (2)

• Information subject to attorney-client privilege.
• Information subject to other privileges such as
  counselor-client and those recognized by statute
  or court rule.
• Pending public bids to enter into contracts.
• Appraisals of real property to be acquired by a
  public body.
• Test questions and answers, scoring keys and
  other examination instruments.
• Communications and notes between and within
  public bodies of an advisory nature to the extent
  that they cover other than purely factual
  materials and are preliminary to a final
  determination of policy or action.
• Basically- the document was created during
  frank communications and
• did not represent the final outcome.

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Records Exempt From Disclosure (3)

• Records of a public body's security measures.
• Records relating to a civil action in which the
  requesting person and the public body are
  parties.
• Records that would disclose the social security
  number of an individual.
• I tried to focus on educationally related
  examples of exemptions. There are several other
  exemptions. You can get complete information by
  checking MCL 15.231-246.

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Availability of Public Records

• A request must be made in writing and provided to
  the FOIA coordinator of the public body. A FOIA
  coordinator may designate another individual to
  act on his or her behalf to accept requests for
  processing.
• A person may ask to inspect, copy or receive a
  copy of a public record. There are no
  qualifications such as residency or age that must
  be met in order to make a request. However,
  prisoners in state, county or federal
  correctional facilities are not entitled to make
  requests.

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Availability Of Public RecordS (2)

• Not more than five business days after receiving
  a request, the public body must respond to a
  request for a public record. The public agency
  can notify the requester in writing and extend
  the time for an additional ten business days.
• The public body or agency has a responsibility to
  provide reasonable facilities so that persons
  making a request may examine and take notes from
  public records. The facilities must be available
  during the normal business hours of the public
  body.

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Fees For Public Records

• A government agency may charge a fee for the
  necessary copying of a public record for
  inspection or providing a copy of a public record
  to a requestor. A public body may also charge for
  search, examination and review and the separation
  of exempt information in those instances where
  failure to charge a fee would result in
  unreasonably high costs to the public body. The
  fee must be limited to actual duplication,
  mailing and labor costs. The first 20 of a fee
  must be waived for a person who is on welfare or
  presents facts showing inability to pay.

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Denial of a Record

• Written notice of the denial must be provided to
  the requester within five business days, or
  within 15 business days if an extension is taken.
  A failure to respond at all, constitutes a
  denial.
• The public body must provide the requester with a
  full explanation of the reasons for the denial
  and the requesters right to submit an appeal to
  the head of the public body or to seek judicial
  review. Notification of the right to judicial
  review must include notification of the right to
  receive attorney fees and collect damages.
• Enforcement A person may appeal a final decision
  to deny a request to the head of the public body.
  The head of the public body has 10 days to
  respond to the appeal. Under unusual
  circumstances, an additional 10 days may be
  taken. A person also has the right to commence an
  action in circuit court to compel disclosure of
  public records. The suit must be filed within 180
  days after the public body's final decision to
  deny a request.
• The action may be brought in the county where the
  requester lives, the county where the requester
  does business, the county where the public
  document is located, or a county where the agency
  has an office.

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Penalties for Violation of the Act

• If the circuit court finds that the public body
  has arbitrarily and capriciously violated FOIA by
  refusal or delay in disclosing or providing
  copies of a public record, it may, in addition to
  any actual or compensatory damages, award
  punitive damages of 500 to the person seeking
  the right to inspect or receive a copy of a
  public record. 

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Recommendations

• Clearly identify a FOIA coordinator.
• All Board and staff members should report all
  FOIA requests to the coordinator.
• The FOIA coordinator should work with the PSAs
  and ESPs attorneys whenever needed and the
  information/process shared with the board and
  authorizer. No surprises upline!
• Err on the side of caution. If your entity
  receives any public revenue- most people will
  view you as a public body.
• Consider public relations and perceptions. Your
  community usually expects anyone who leads or is
  developing a public school, to be open and
  transparent. That includes following the FOIA
  process.

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Open Meetings Act (OMA)

• Karla Browning
• Public School Academies Consultant

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Michigans Open Meetings Act Act 267 of 1976

• Intent of the Act is to
• strengthen the right of all Michigan citizens to
  know what goes on in government by requiring
  public bodies to conduct nearly all business at
  open meetings (MI Attorney Generals Office)

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Michigans Open Meetings Act Act 267 of 1976

• In a nutshell
• All meetings of a public body shall be open to
  the public and shall be held in a place available
  to the general public. All persons shall be
  permitted to attend any meeting except as
  otherwise provided in this act. 15.261(3)

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Michigans Open Meetings Act Act 267 of 1976

• Questions
• Does this apply to my nonprofit?
• What defines a meeting?
• What are posting requirements?
• What about special and emergency meetings?
• When is closed session appropriate?
• What records should we keep?
• What is the publics role?
• What are some dos and donts?

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Michigans Open Meetings Act Act 267 of 1976

• Does this apply to us?
• Sec. 2(a)
• Public body means any state or local
  legislative or governing body, including a board,
  commission, committee, subcommittee, authority,
  or council, which is empowered by state
  constitution, statute, charter, ordinance,
  resolution, or rule to exercise governmental or
  proprietary authority to perform a governmental
  or proprietary function
• Case law????

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Michigans Open Meetings Act Act 267 of 1976

• What is a meeting?
• When a quorum of a public body is gathered for
  the purpose of deliberating toward or rendering a
  decision on public policy
• Includes committees
• Includes discussion/deliberation via phone and
  email
• Chance encounters can constitute a meeting,
  depending what gets discussed

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Michigans Open Meetings Act Act 267 of 1976

• What are posting requirements?
• The law states that within 10 days of the first
  meeting of a public body in each calendar or
  fiscal year, the body must publicly post a list
  stating the dates, times and places of all its
  regular meetings at its principal office.
• For special and irregular meetings, public bodies
  must post a notice indicating the date, time and
  place at least 18 hours before the meetings.
• Exceptions for emergency meetings involving
  health, safety and welfare

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Michigans Open Meetings Act Act 267 of 1976

• Sec. 5(1)
• A meeting of a public body shall not be held
  unless public notice is given as provided in this
  section by a person designated by the public
  body.

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Michigans Open Meetings Act Act 267 of 1976

• What records are required?
• Minutes available to the public
• Date and time of meeting
• Place of meeting
• Board members present and absent
• Every decision made by the board and roll call of
  votes
• Record of other votes
• Purpose of closed session
• Corrections, if any, of minutes from prior
  meeting
• Not a verbatim transcript
• Draft minutes available within 8 business days
• Final minutes available within 5 days after
  meeting in which they were approved

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Michigans Open Meetings Act Act 267 of 1976

• What about closed session?
• Defined as a meeting or part of a meeting of a
  public body which is closed to the public.
  15.262.2
• Only allowed for discussions on certain
  specifically cited topics
• Evaluation, discipline, dismissal of public
  employee if the employee requests
• Student discipline if requested by student or
  parent
• Collective bargaining strategy sessions
• By 2/3 vote of the board to discuss
• Purchase or lease of real property
• Pending litigation
• Employment
• Board controls who is present

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Michigans Open Meetings Act Act 267 of 1976

• Additionally.
• You cannot vote in closed session, including
  straw votes
• You must reflect the closed session in your
  minutes
• Time
• Reason
• Can keep separate minutes (AG recommendation)

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Michigans Open Meetings Act Act 267 of 1976

• What is the publics role? Sec. (3)1
• The right of a person to attend a meeting of a
  public body includes the right to tape record, to
  videotape, to broadcast live on radio, and
  telecast live on television the proceedings of a
  public body at a public meeting.
• Sec. 3(5)
• A person shall be permitted to address a
  meeting of a public body under rules established
  and recorded by the public body.
• An individual can share information during public
  comment. Case law has made it difficult to
  enforce the established rules.
• The board is not required to respond to the
  public.

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Michigans Open Meetings Act Act 267 of 1976

• Do
• Post notices timely
• Record minutes as required by law
• Refrain from engaging with the public during
  meetings
• Strive for full transparency
• Hold meetings face-to-face

• Dont
• Deliberate via phone or email
• Deliberate by texting during a meeting
• Conduct informal polls in closed session
• Discuss board business during chance meetings
  where a quorum is present

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Michigans Open Meetings Act Violations
Penalties

• What happens if we violate OMA?
• Sec. 11
• Allows the public to sue and collect damages, and
  establishes criminal penalties for willful
  violations of the law.
• If a suit is successful, a person is entitled to
  court costs and actual attorney fees.

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Michigans Open Meetings Act Violations
Penalties

• Sec. 12(1)
• A public official who intentionally violates
  this act is guilty of a misdemeanor punishable by
  a fine of not more than 1000.
• Sec.13 (1)
• A public official who intentionally violates
  this act shall be personally liablefor damages
  of not more than 500to a person or group
  bringing the action.
• Larger fines and jail time for subsequent offense

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Resources

• Open Meetings
• Legislatures synopsis
• http//www.legislature.mi.gov/documents/publicatio
  ns/openmtgsfreedom.pdf
• MDEs Open Meetings Page
• http//www.michigan.gov/mde/0,4615,7-140-54504_186
  68_18689-71728--,00.html
• AG OMA Handbook
• http//www.michigan.gov/documents/ag/OMA_handbook_
  287134_7.pdf

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Parliamentary Procedure

• Neil Beckwith
• Public School Academies Consultant

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Roberts Rules of Order

• Outcomes
• Understand reasons for using RRs.
• Understand some basic protocols identified in
  RRs.
• Identify resources for more information.

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Roberts Rules of Order

• Foundational Thinking Behind Use of RRs
• Subgrantees are public entities Provides
  non-profits receiving CSP funds a proven method
  for conducting fair and orderly (oversight)
  meetings.
• Right of free deliberation
• Questions of concern should be thoroughly
  discussed prior to action.
• Silence means consent
• Organizations are ruled first by state, local,
  federal laws and adopted organizational
  procedures.

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Roberts Rules of Order

• True/False Quiz
• According to RRs, a President votes only to
  break a tie.
• Once a quorum is established, it continues to
  exist if additional members leave during a
  meeting.
• A motioner can modify or withdraw a motion at
  any point while it is being considered by a
  board.
• A vote is not official until the chair announces
  it as carried or lost.

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Roberts Rules of Order

• Quiz cont.
• The President may make a motion.
• A motion to adjourn need not wait until the
  agenda has been completed.
• If a member calls the question then debate
  automatically ends on the motion.
• Motions to reconsider previously decided
  motions(from same meeting) must be accepted only
  from members that voted with the prevailing side
  originally.

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Roberts Rules of Order

• Answers
• False
• False
• False
• True
• True
• True
• False
• True

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Roberts Rules of Order

• Some General Processes for Good Meetings
• Have an agenda creation and approval process-Not
  controlled by any one member.
• Have process to manage public comment.
• Remarks should be directed to the Chair.
• Obtain the floor.
• Make motions in the affirmative.
• ____ is moved and seconded. This moves it to the
  floor for discussion.
• Minutes are a record of what is done not said.

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Roberts Rules of Order

• Steps to follow in the Making Motions phase of
  a meeting.
• STEP 1. A member is recognized and makes a
  motion Common Mistake Members do not wait to be
  recognized and typically start to discuss their
  motion before completing STEP 2, STEP 3, and STEP
  4 below!
• STEP 2. Another member seconds the motion Common
  Mistake The person seconding the motion dives
  into the merits of the motion.
• STEP 3. The presiding officer restates the motion
  to the assembly Common Mistake Motion is
  restated differently from the wording of the
  maker! Beware because the motion that is adopted
  is the one stated by the presiding officer, not
  the one stated by the maker of the original
  motion.

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Roberts Rules of Order

• STEP 4. The members debate the motion Common
  Mistake Debate gets out of control in terms of
  demeanor, duration, or relevance! Members talk at
  each other rather than through the chair.
• STEP 5. Presiding officer asks for the
  affirmative votes then the negative
  votes Common Mistake The presiding officer
  states 'All in favor' and fails to tell the
  members what to do as a matter of voting (for
  example, say aye, raise your hand', etc.) or
  the negative vote is never requested or counted!
• STEP 6. The presiding officer announces the
  result of the voting instructs the corresponding
  officer to take action and introduces the next
  item of business. Common Mistake Presiding
  officer fails to pronounce the result of the
  voting! No one is instructed to take action.
  Commonly, dead silence follows because the
  presiding officer does not transition to next
  item..

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Roberts Rules of Order

• TYPICAL LANGUAGE USED

• A TYPICAL AGENDA

• Call to Order
• Roll Call
• Minutes
• Special Committees
• Public Comment
• Business of the Meeting(from agenda, includes
  motions/votes)
• Old/Unfinished-not concluded, postponed, tabled.
• New Business-announcements, informational
  programs, speakers.

• I call this meeting to order
• Will the secretary please do roll call?
• We have quorum. Will the secretary read the
  minutes of the last meeting?
• It has been moved and seconded that (state-
  restate motion)is there any further discussion?
• We will now vote on the motion that All in favor

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Roberts Rules of Order

• http//www.robertsrules.org/motions.htm
• http//www.robertsrules.org/rulesintro.htm
• http//roberts-rules.com/parl01.htm
• http//www.gvgc.us/files/Rosenbergs-Rules-of-Order
  .pdf

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Points of Contact

• Beatrice Barajas, Secretary
• Kim Sidel, Analyst
• Neil Beckwith, Consultant
• Karla Browning, Consultant
• Ron Schneider, Consultant
• Mark Eitrem, Supervisor
• [phone]
• MDEPSAGRANT_at_MICHIGAN.GOV
• http//www.michigan.gov/charters