The New Year is here, so introducing new board members is just around the corner. In preparation for those January board meetings, we are sending out our short list of frequently asked questions for your reference.
What are the oath requirements for new board members?
Technically, there are no oath requirements. Section 11-101 of the Nebraska statutes contains an oath of office that “state, district, county, precinct, township, municipal, and especially appointed officers” must take. However, the Nebraska Supreme Court has interpreted this provision in a way that makes it inapplicable to boards of education. Frans v. Young, 30 Neb. 360, 46 N.W. 528 (1890). Additionally, courts outside of Nebraska that have addressed statutory oath requirements have consistently found oath requirements to be unconstitutional.
What does this mean for you? If board members desire to take the oath, let them. But, if board members object to taking the oath, don’t force them to do so.
What if I don’t have enough old board members to constitute a quorum to open the January board meeting?
Open the meeting with your new board members. The new board members may sign their oaths before the meeting opens, or you may open the meeting and begin with swearing in the new board members.
Can the old board members wrap up the old business at the January meeting?
No. Old board members cannot take any formal action because they automatically lose their authority to act on behalf of the school district when their terms expire, regardless of when their replacements are seated. Terms expire the first Thursday after the first Tuesday in January, which for 2025 would mean board terms expire January 9. At most, board members whose terms have expired may perform ceremonial acts.
What do I need to know about the election of officers?
Section 79-564 now requires that “[a]t the first meeting of each school board or board of education elected in a Class I, II, or III school district, and annually thereafter, the board shall elect from among its members a president and vice president. The board shall also elect a secretary who need not be a member of the board. If the secretary is a member of the board, an assistant secretary may be named and his or her duties and compensation set by the board.”
In terms of how this vote has to happen, unlike roll call votes taken by the board, section 84-1413 allows you to elect officers by secret ballot as long as the “total number of votes for each candidate” is recorded in the minutes. Practically speaking, a simple motion and second then allows the board to cast secret ballots, and then the number of votes for each candidate is recorded in the minutes.
In case of a tie, be aware that there is no statutory process for breaking that tie. We encourage you to review your policies to see if they include a method to break any officer election ties. Boards that have adopted KSB’s Policy 2002 likely have approved one of the methods for breaking ties.
Are there any specific designations the Board must make at the January meeting?
There are two designations the board may consider making at the January meeting: (1) designating a bank, and (2) designating a law firm.
A district must designate the district’s bank, capital stock financial institution, or qualifying mutual financial institution “from time to time . . . by formal resolution duly recorded.” Neb. Rev. Stat. § 77-2350. “Time to time” does not necessarily mean annually, though we know many boards make this designation each January. The designated bank or financial institution must be situated within the district’s boundaries. If no such entity is located within the district’s boundaries, the board may designate any such institution within the state. This designation can be made at the January meeting, or the designation can be done in policy.
There is no technical requirement that a board must designate legal counsel. However, it is common for a board to designate the law firms(s) that they will work with for the next calendar year. Even though not technically required, such a designation can help clarify a school’s authority to work with legal counsel under section 79-513.
How do I get new board members up to speed with their responsibilities and obligations?
Board member training is an important part of onboarding new board members, so we recommend you look into some formal training. KSB offers a board training video series and board retreats to assist in that process.
We hope this information will help you prepare for your January meeting. If you have any questions about your January meeting or board training, please don’t hesitate to contact us at ksb@ksbschoollaw.com or (402) 804-8000.