Many school administrators preparing for their January board meetings have asked us about board actions required or typically taken at the first meeting of the year, so we have prepared a short list of frequently-asked questions for your reference.
What if I Don’t Have Enough Old Board Members to Constitute a Quorum to Open the January Board Meeting?
Simply 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 swear in the new board members as the first thing you do.
May the Old Board Members Act on the Board’s Old Business and the New Members Act on Its New Business?
No. At most, board members whose terms have expired may perform ceremonial acts. They may not 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. Some districts mistakenly have the old board act on old business and then pass the meeting over to the new board to deal with new business. However, this should be avoided because it exposes the board to a charge of having nonmembers take action on behalf of the school district.
Who Runs the Meeting if the Former Board President is No Longer a Board Member?
The vice-president may run the meeting in the absence of a current president. Otherwise, the board may vote to appoint someone to act as an interim “chairman” until the new board president is elected.
Tell Us About This Oath of Office
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, in Frans v. Young, 30 Neb. 360, 46 N.W. 528 (1890), the Nebraska Supreme Court held that boards of education are not required to take the oath prescribed by this section, because the term “district” applies only to judicial districts, and the term “municipal” to villages, towns, and cities. Courts have held that denying a public official the right to take an oath might well violate the official’s First Amendment rights. On the other hand, there is a growing consensus among courts that requiring an oath like the one from Nebraska’s statutes is probably unconstitutional. Bottom line - if board members desire to take the oath, let them. If board members object to taking the oath, don’t force them to do so.
Election of Officers
Section 79-564 requires all Class III school districts to annually elect a president, vice-president, and secretary. Section 79-586 also requires the board to have a treasurer. While not required, these elections have traditionally occurred at the January meeting. The secretary does not need to 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. The general duties and obligations of the president, vice president, secretary, and treasurer can be found scattered throughout sections 79-564 to 79-597.
Election of Officers by Secret Ballot
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. A simple motion and second then allows the board to cast secret ballots. The number of votes for each candidate must be recorded in the minutes.
What Do We Do About Ties?
A related question for the January meeting each year is how to deal with ties for officer elections. Election of officers is required by statute, but there is no statutory process for breaking the 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 so that you do not have dozens of failed motions or tie votes.
The Committee on American Civics
In 2019, the Unicameral changed the name of the Committee on Americanism to the Committee on American Civics. Boards used to appoint this committee at the beginning of each school year. You now must appoint three board members to this committee at the beginning of each calendar year. There is a whole laundry list of requirements for this committee, including holding no fewer than two public meetings annually. The board must also receive public testimony at one of those meetings. Remember, the legislature took a no nonsense approach with this requirement, stating: “Every school board, the State Board of Education, and the superintendent of each school district in the state shall be held directly responsible in the order named for carrying out this section. Neglect thereof by any employee may be considered a cause for dismissal.” You can view all of the committee’s duties and responsibilities here in section 79-724. The board may, but is not required, to appoint members of any other committees at the January meeting.
Designating a Bank
Section 77-2350 requires boards of education to designate the district’s bank, capital stock financial institution, or qualifying mutual financial institution “from time to time . . . by formal resolution duly recorded.” 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. Some boards make this designation at the first meeting of the calendar year, while others designate a financial institution in policy.
Designating a Law Firm
Many boards designate the law firms(s) that they will work with during the next calendar year. While such action is not technically required, it does clarify a school’s authority to work with legal counsel under section 79-513 that states: “The school board or board of education of any school district in this state may pay from its school funds for the legal services of an attorney employed by the board when it deems legal counsel necessary or advisable.”
Electronic Meetings
As we told you previously, Executive Order 20-36 allows school boards to hold electronic meetings through January 31, 2021 “so long as there is made available at such meeting access to members of the public and to members of the media.” Remember that ALL other provisions of Nebraska’s Open Meetings Act continue to apply. See our December 2, 2020 blog post for more details!
We hope this information will help you prepare for your January meeting. If you have any questions about your January meeting, please don’t hesitate to reach out to us at ksb@ksbschoollaw.com or (402) 804-8000.