CHAPTER 2 SCHOOL BOARD GOVERNANCE AND OPERATIONS

2.01     Scope Of The School District

2.02     School Board Responsibility

2.03     Membership Of The School Board

2.04     Orientation Of School Board Members

2.05     Superintendent Of Schools

2.06     Operational Procedures For School Board Members

2.07     Compliance With Board Procedures

2.08     School Board Attorney

2.09     Legal Action

2.10     Agency Clerk

2.11     Organization Meeting

2.12     School Board Meetings

2.13     Audience Participation And Conduct At Board Meetings

2.14     Board Proceedings For Suspension Or Dismissal Of Personnel

2.15     Procedures For Expulsion Hearings Before The School Board

2.16     Committees To Advise The Board

2.17     School Advisory Councils

2.18     School Board Policies

2.19     Administrative Leeway In Policy Absence

2.20     Communications And Public Relations

2.21     District Monitoring And Advisory Committee (DMAC)

2.22    District Monitoring And Advisory Committee (DMAC) Bylaws

2.23    District Safety And Security

2.24    Independent Citizens Referendum Oversight Committee (ICROC)

2.25    School Wellness Policy

_______________________________________________________________________

 

2.01 SCOPE OF THE SCHOOL DISTRICT

(1) The School Board is the governing body of the Pinellas County school district and is responsible for the control, operation, organization, management, and administration of schools in Pinellas County pursuant to the provisions and minimum standards prescribed by Florida Statutes and State Board of Education Rules.  The School Board may exercise any power except as expressly prohibited by the State Constitution or general law.

(2) The school district is part of the state system of public education and includes all public schools, classes, and courses of instruction and all services and activities directly related to education in the school district which are under the school district officials’ directions.

(3) The School Board is a corporate body whose official title is “The School Board of Pinellas County, Florida”.  The School Board also does business as “Pinellas County Schools”, “Pinellas County School Board”, “Pinellas County School District” or “School Board of Pinellas County”.

Statutory Authority:   1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:  Sections 1001.30, 1001.31, 1001.41 F.S.

History:  New 9/10/96

 

2.02 SCHOOL BOARD RESPONSIBILITY

(1) The School Board is responsible for the organization and control of the school district and is empowered to determine the rules necessary for its operation and general improvement.  The School Board shall limit its actions to establishing rules and to meeting the requirements prescribed by Florida Statutes and State Board of Education Rules.  School Board members have authority only when the School Board is meeting in official session and a quorum is present.  The School Board shall not be bound in any way by any action on the part of an individual School Board member or any employee, except when such statement or action is in compliance with the action of the School Board.  School Board members may visit the schools and all departments of the school district in order to be better informed concerning all phases of the school district in accordance with these rules.

(2) The role of the School Board, as with any legislative body, is to act collectively, not individually.  The authority and responsibility of individual School Board members does not extend to the execution of the rules adopted by the School Board.  Individual School Board  members have no authority and shall not attempt to act as administrators of the school district.

(3) Appeals from judicial decisions and administrative orders shall be authorized only by the School Board.

(4) All personnel of the school district are responsible, through the Superintendent, to the School Board as an entity and not to individual School Board members.

(5) Each School Board member is entitled to full information and data necessary in her or his judgment to the proper casting of her or his vote on any matter which comes before the School Board for action.  This right to full information extends to the duty to listen to complaints that citizens bring her or him.  Any complaint registered with a School Board member shall be conveyed to the Superintendent (or designee) as provided in these rules.  If the complaint merits School Board action, it should be placed on the agenda for the next regular or special meeting of the School Board.

(6) School Board members shall obtain and abide by the Code of Ethics for Public Officers and Employees pursuant to Chapter 112, Florida Statutes.

(7) The School Board delegates the administrative authority of district schools to the Superintendent and holds the Superintendent responsible for the efficient direction and operation of the school district pursuant to School Board Rules.  The School Board and Superintendent shall cooperate to constantly improve the school district.

(8) School Board members shall not disclose confidential information acquired in the course of their official duty.

(9) The Board shall maintain a system of school improvement and education accountability as provided by statute and State Board of Education rule. This system of school improvement and education accountability shall be consistent with, and implemented through, the district’s continuing system of planning and budgeting required by law. To implement this sy, stem of school improvement and education accountability, the Board shall, at least:

    (a) Annually review for approval and require implementation of a new, amended, or continued school improvement plan for each school in the district.

    (b) Develop a process for approval of a school improvement plan presented by an individual school and its advisory council.

    (c) Develop a 3-year plan of increasing individualized assistance and intervention for each school that does not meet or make adequate progress toward meeting the goals and standards of its approved school improvement plan.

    (d) Provide information regarding performance of students and educational programs.

    (e) From lottery funds, provide funds to schools for developing and implementing school improvement plans.

    (f) Develop a “feedback report” on the progress of implementing and maintaining a system of school improvement and education accountability.  The report shall be submitted to the Florida Commission on Education Reform and Accountability annually.  The report shall include, but not be limited to, information pertaining to the accuracy of data collection and analysis, the ability of the Department of Education to assist School Boards in emphasizing reporting on individual school improvement and progress while minimizing comparisons between schools, the effectiveness of training and technical assistance provided by the Department of Education, and the effectiveness of the waiver process and recommendation for improvement.

Statutory Authority:   1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:  Florida Constitution, Article IX, Section 4(b); 120.53, 1001.372(4), 230.33,1001.36 F.S.

History: New 5/22/57; Amended 11/17/71; Revised l2/18/74; Amended 2/23/77,1/27/88,10/24/90, 3/11/92, 9/10/96

Note: Former 6Gx52-1.01 (changed 9/10/96)

 

2.03 MEMBERSHIP OF THE SCHOOL BOARD

(1) The School Board consists of seven members who shall be qualified electors of the school district.  Three members shall be elected at-large by the qualified electors of the entire school district and shall represent the entire school district.  Four members shall be elected from single-member districts and shall reside within the single-member district from which he or she is elected and shall represent the entire school district.  Members are elected for a term of four years.  The boundaries of the single-member districts shall be set by resolution of this Board. There shall be no other restriction on membership of the Board, except as established by the current laws of the United States and current General Laws of the State of Florida.  Each member elected from single-member district shall maintain residence in that district throughout the duration of their office term.  Three members shall be elected at the time of the presidential election and four members shall be elected at the time of the gubernatorial election.  The office of School Board members shall be vacant when members remove their residence from the single-member district from which they were elected or from the district.  Any vacancy on the School Board shall be filled by the governor’s appointment.

(2) The following procedures shall apply to the conversion of the election of Pinellas County School Board members from the district-wide election of all members to the election of four School Board members from single-member districts and the election of three School Board members district-wide:

(a) Year 2003; designation of at-large and single-member districts--The three seats to be filled from the county at-large shall be designated District 1, District 2, and District 3, respectively. The four seats to be filled from single-member districts shall be designated District 4, District 5, District 6, and District 7, respectively. During the year 2003, the School Board shall determine the geographic boundaries for the four single-member districts, which shall together cover the entire county and be as nearly equal in population as practicable. The newly designated boundaries of Districts 4 and 5 shall be effective for the first primary election in the year 2004 and thereafter, and the newly designated boundaries of Districts 6 and 7 shall be effective for the first, primary election in the year 2006 and thereafter. However, the newly designated boundaries shall not have the effect of disqualifying a School Board member before the end of his or her current term.

(b) Year 2004; begin implementation--Implementation of the conversion to single-member representation on the district School Board shall begin with the election of district School Board members held in conjunction with the first primary election in the year 2004 and with the runoff, if any, during the general election of that year. In the year 2004, School Board members from the newly created single-member Districts 4 and 5 and the at-large seat for which election is to be held in that year, hereafter designated as District 1, shall be elected. An incumbent School Board member from the previously existing School Board member residence area 1 or area 3 and the incumbent in the at-large seat elected in the year 2000 may seek reelection from one of the newly created single-member Districts 4 and 5 if he or she resides within such district, or may seek reelection from at-large District 1.

(c) Year 2006; complete implementation--The conversion to single-member representation on the district School Board shall be fully implemented with the election of district School Board members held in conjunction with the first primary and general elections in the year 2006. In the year 2006, School Board members from the newly created single-member Districts 6 and 7 and the newly created at-large Districts 2 and 3 shall be elected. An incumbent School Board member from the previously existing School Board member residence area 2, area 4, or area 5 and the incumbent in the at-large seat elected in the year 2002 may seek reelection from one of the newly created single-member Districts 6 and 7 if he or she resides within such district, or may seek reelection from at-large District 2 or 3.

(d) Subsequent years--Thereafter, the governing body of the district School Board shall consist of seven members, with four members from single-member districts and three members from the county at-large as provided in this rule. All elections for district School Board members shall be nonpartisan and held at the same time as the first primary and general elections as provided by law, and district School Board members shall be elected to appropriately staggered terms of 4 years. Each candidate for election to the district School Board must be a qualified elector of the county and, if seeking election to a single-member district, a registered voter of that single–member district at the time of qualifying. Each person elected to the district School Board from a single-member district shall be elected only by the electors residing in the single-member district for which he or she qualified. Each person elected to the district School Board shall take office on the third Tuesday after the first Monday in November of the year in which he or she was elected. If certification of the election is delayed, the person elected shall take office at the next regular meeting of the district School Board after final certification.

(3) Changes in the boundaries of the single-member districts may be made by the School Board, in consultation with the supervisor of elections, as soon after each decennial census as practicable.

(4) Changes that would affect the residence qualifications of any incumbent member so as to disqualify the incumbent member during the term for which he or she has been elected shall not be made.

(5) Any changes in the boundaries shall be shown by resolutions spread upon the minutes and shall be recorded in the office of the Clerk of the Circuit Court and shall be published at least once in a newspaper published in the district within 30 days after the adoption of the resolution.

(6) A certified copy or the resolution changing the boundaries shall be transmitted to the Department of State by the clerk of the School Board.

(7) Single-member districts shall consist of the following Pinellas County voter precinct:

(a) District 4:  522, 523, 524, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 543, 544, 545, 546, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 560, 561, 562, 563, 564, 565, 566, 567, 568, 570, 571, 600, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 635, 637, 638, 639, 640, 641, 642, 643, 644, 647, 648, 649, 653, 654, 655, 701, 702, 703, 704, 705, 706, 707, 710, 711, 712, 713.

(b) District 5:  258, 276, 291, 293, 295, 325, 327, 328, 329, 330, 331, 332, 341, 342, 343, 344, 345, 346, 347, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 365, 366, 367, 368, 370, 371, 372, 373, 374, 376, 379, 419, 420, 421, 422, 500, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 517, 518, 519, 521, 525, 526, 527, 528, 529, 542, 569, 601, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 634, 636, 645, 646, 650, 651, 652, 656.

(c) District 6:  155, 156, 157, 158, 159, 160, 161, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 196, 197, 198, 254, 259, 266, 267, 268, 270, 271, 272, 273, 274, 275, 277, 278, 279, 280, 281, 282, 284, 285, 286, 288, 290, 292, 298, 301, 302, 303, 305, 306, 307, 308, 309, 310, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 326, 401, 402, 403, 404, 405, 406, 407, 408, 409, 413, 415, 416, 417, 418, 602.

(d) District 7:  101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 162, 163, 164, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 238, 239, 240, 242, 243, 244, 245, 247, 248, 249, 250, 251, 252, 253, 256, 257, 260, 261, 262, 263, 264, 265 269.

(8) The School Board member residence areas are as shown on the following map:

See the next page (below) for a geographic map. If you don't know your precinct, call the Supervisor of Elections at 727-464-3551 or go the website: http://votepinellas.com

Large detailed maps are maintained in the School Board Office at 301 – 4th Street SW, Largo, FL 33770.

Statutory Authority: HB 0823 (2003)

Laws Implemented:  HB 559 (2001); HB 0823 (2003)

History:  New 9/10/96, 12/11/01, 9/9/03

 

2.04 ORIENTATION OF SCHOOL BOARD MEMBERS

(1) The Superintendent shall provide a newly elected or appointed School Board member with a comprehensive orientation.  Included shall be copies of Florida School Laws, State Board of Education Rules, School Board Rules, current contract agreements, the current district budget, and other documents the Superintendent deems essential to an understanding of the operation of the school district.

(2) The Superintendent shall set aside such time as is necessary to answer any questions arising from the study of these documents and shall cooperate fully in assisting the new member to become an informed and active Board member.

(3) Each new School Board member shall be responsible for attending the state orientation conference in January following each general election.

Statutory Authority:  1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History:  New 9/10/96

2.05 SUPERINTENDENT OF SCHOOLS

(1) The Board shall employ the Superintendent, as provided by law.

(2) The Superintendent shall be the chief executive officer of the Board and the official secretary of the Board and shall be responsible for the keeping of all minutes of the Board and all other records of the School District.

(3) The Superintendent is responsible for:

(a) the administration and supervision of instruction in all the schools;

(b) conducting such research as may be necessary to evaluate every phase in the operation of the schools;

(c) making recommendations to the Board for its consideration and is charged with the responsibility for operating the schools in all phases of their management within the framework of the policies adopted by the Board;

(d) the fiscal management of the schools including the preparation and presentation of an annual budget;

(e) meeting and fully complying with all statutory provisions of the State of Florida as related to his office;

(f) making recommendations on all matters relative to the appointment, assignment, transfer, promotion, suspension or dismissal of teachers, principals, department heads, supervisors, and all other appointive personnel employed by the Board;

(g) keeping the Board apprised of all developments, changes, and problems in the operation of the school system;

(h) recommending procedures for implementing and maintaining a system of school improvement and education accountability as provided by statute and State Board of Education rule.

(4) In the event a vacancy occurs in the office of Superintendent, the Board shall conduct at least one public hearing, which may be held at the time of a regularly scheduled Board meeting, to receive information from the public on the method of conducting a search for a new Superintendent, and the qualifications to be required for the prospective Superintendent.

(5) In the event the Superintendent is unable to perform his duties, the Deputy Superintendent will assume the duties as Acting Superintendent until the Board appoints an Acting Superintendent during a regular or emergency meeting.

Statutory Authority:    1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:  1001.372, 1001.36 F.S., Florida Constitution, Article Ix, Section 4(B); 120.53

History:  New 5/22/57; Amended 7/28/65, 11/17/72; Revised 12/18/74; Amended 2/23/77, 8/8/90, 3/11/92, 9/10/96

Note: Former 6Gx52-1.09 (changed 9/10/96)

 

2.06 OPERATIONAL PROCEDURES FOR SCHOOL BOARD MEMBERS

(1) Requests for Information during a Board meeting:

Board members will present request(s) at a regular Board meeting for any information that requires staff time or expenditure of funds to compile.  A majority of the Board shall be required to support such request(s).  If it later appears that an extra ordinary amount of time will be required the Superintendent shall advise the School Board at its next meeting and the School Board shall determine whether or not the information is necessary.

(2) Requests for Information outside of Board meeting:

(a) The Board office staff and the Superintendent (or designee) may be contacted via telephone or FAX with requests for information.  A form shall be established, supplied to Board members and maintained by the Board office to assist Board members and staff with such requests.  The Board office staff and the Superintendent (or designee) shall confer to ensure that such requests are addressed, without duplication, and to estimate the involvement required for completing the request.  If the request is determined to be too demanding, the Superintendent will notify the Board member.  The request may then be submitted by the Board member to the Board for consideration at a regularly scheduled meeting.

(b) Agenda Item Information

1. For information on agenda items, Board members may call the person directly responsible for the particular item or the Superintendent (or designee).  The Superintendent (or designee) will contact each Board member at least two business days before the Board meeting to determine if there are any questions or concerns.

(c) School-related Requests

1. For information concerning school-based issues, Board members should contact the respective area superintendent.

(d) Department-related Requests

1. For information concerning department-based issues, Board members should contact the Superintendent (or designee) or the Board administrative assistant who will then relay the request to the Superintendent (or designee).

(e) Responses from Staff

1. Any information, memos or letters that are sent or faxed to Board members from the district or area staff will be distributed through the Superintendent’s office and a copy forwarded to the Board office.

(3) BOARD OFFICE FACILITIES

(a) The Board members’ office room is primarily provided for use by Board members for official Board business.  It should not be routinely used to conduct business other than school Board related matters. 

(b) Meetings should not be scheduled for the Board members office room unless it is first determined that the meeting will not interfere with any other Board members’ use.  Any request for the use of the Board member office room, or any other facility, will be pursuant to the normal facility use procedures as set forth in these rules.  The cost of refreshments for participants of the meeting is the responsibility of the Board member or the participants.

(4) RESOURCES

(a) For official School Board business only, Board members will be provided during their term of service at their residence or business, the following:

1. a FAX machine

2. a laptop computer with modem and printer

3. a file cabinet

4. office supplies

(b) Any communication sent or received on the FAX machine or computer is a public record and it shall be the responsibility of the individual Board member to maintain copies until destruction is authorized as provided for under these rules.

(c) Public Records, as defined in Chapter 119.011(1), are “all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.”

(5) BOARD OFFICE STAFF

(a) The Board office will be staffed with the following personnel:

One administrative assistant

One board office assistant

Duties of these positions are set forth in Chapter 8, Human Resources.

 

Statutory Authority:    1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History:  New 9/10/96 

 

2.07 COMPLIANCE WITH BOARD PROCEDURES

(1) In the event an individual Board member is not in compliance with these rules, the alleged noncompliance shall be reported to the school board attorney.

(2) The school board attorney upon becoming aware of an alleged noncompliance shall investigate and if appropriate contact the individual Board member and provide advice and counsel as to how to come into compliance with the School Board rules.

(3) If the individual School Board member fails to come into compliance with the rules, the school board attorney is required to send a written memorandum to the Board member advising the Board member of the claimed noncompliance with an explanation of exactly what rule is involved and how the noncompliance occurred.  Copies of the memorandum shall be provided to all other Board members.

(4) At a regularly scheduled meeting of the School Board at least 21 days after the written memorandum, the individual Board member who has received the memorandum of non-compliance from the school board attorney shall be afforded an opportunity to explain his or her position to the rest of the Board members. After hearing the explanation, the remaining members of the Board shall vote on whether or not there was non-compliance and if so, the School Board will direct the individual Board member to comply with School Board rules.

(5) If the individual School Board member continues to not comply with the School Board rules, the School Board may vote to request that the Governor remove the offending Board member from office.

Statutory Authority:    1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History:  New 9/10/96

 

2.08 - SCHOOL BOARD ATTORNEY

(1) The School Board shall employ a school board attorney to act as general counsel to the School Board and to the district.

(2) The school board attorney’s client is the School Board and not individual members of the School Board, the Superintendent or district staff.

(3) The school board attorney shall be authorized to represent the School Board in all legal proceedings.  The school board attorney may refer cases to outside counsel who have been approved by the School Board as provided in these rules.

(4) Individual School Board members may directly contact the school board attorney to seek information and opinions concerning matters affecting the individual School Board members in their official capacity, the School Board and the district.  In the event a request from an individual School Board member requires a substantial investment of time or resources in order to respond, the school board attorney shall advise the member that the matter should be brought up at the next regular School Board meeting to see if a majority of the School Board authorizes the attorney to proceed. 

(5) The school board attorney is authorized to approve expenditures for ancillary costs of litigation including, but not limited to, court reporters, travel expenses, expert witnesses for amounts not to exceed $6,000.00 per item.  School Board approval will be required for expense items greater than $6,000.00.  If an emergency exists which will adversely affect the School Board’s legal position prior to being able to obtain Board approval, the school board attorney is authorized to approve the expenditure after notifying individual School Board members in advance of the expenditure.  The matter will be presented at the next regular School Board meeting for a determination of whether to continue the action. 

(6) The Superintendent may utilize the services of the school board attorney as the Superintendent deems appropriate in the interest of the School Board.

Statutory Authority:   1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History:  New 9/10/96

 

2.09 LEGAL ACTION

(1) No lawsuit, third-party claim, or appeal shall be initiated on behalf of the School Board without prior School Board approval.

(2) If School Board approval cannot be obtained prior to the expiration of legal time limits for such action, or the School Board’s legal position will be adversely affected by a delay, the school board attorney may authorize the initiation of the action if individual Board members are notified in advance, and the matter is presented at the next regular School Board meeting for determination of whether to continue the action.

Statutory Authority:   1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History:  New 9/10/96

 

2.10 AGENCY CLERK

(1) The School Board designates the administrative assistant to the School Board as the clerk of the School Board.

(2) The address of the clerk of the School Board is 301 4th Street S.W., Largo, FL 33770.

(3) The telephone number of the clerk of the School Board is 727/588-6300.

(4) Any paper, pleading or notice required to be filed with the School Board shall be filed with the clerk unless otherwise specified in these rules.

(5) Any paper, pleading or notice filed with the clerk shall be stamped with the time and date received and the clerk will forward it to the appropriate department or office.

(6) The clerk is authorized to accept service of process in any litigation against the School Board.  Upon receipt of same the clerk shall promptly deliver it to the school board attorney and obtain a receipt.  The clerk shall not be required to maintain a copy of the process or other suit papers. 

(7) The clerk shall time and date stamp any recommended order, provide the original to the school board attorney who shall notify by regular U.S. mail any affected party of the date and time received.

Statutory Authority:   1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History:  New 9/10/96

 

2.11 ORGANIZATION MEETING

(1) On the third Tuesday after the first Monday in November of each year, the School Board shall organize by electing a chairperson and a vice-chairperson, and the Superintendent shall act ex officio as the secretary.

(2) At the organization meeting, the Superintendent shall act as chairperson until the organization is completed.

(3) The chairperson and Superintendent as secretary shall then make and sign a copy of the proceedings of organization, including the schedule for regular meetings and the names and addresses of all district school officers, and annex their affidavits that the same is a true and correct copy of the original, and the Superintendent shall file the document within two weeks with the Department of Education.

(4) If a vacancy should occur in the position of chairperson the School Board shall proceed to elect a chairperson at the next ensuing, regular or special meeting.

Statutory Authority:   1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History:  New 9/10/96

 

2.12 SCHOOL BOARD MEETINGS

(1) Types of Meetings

(a) Regular meetings

1. Regular meetings shall be held on the second and fourth Tuesdays, or as rescheduled by the School Board from time to time, as publicized, either in the Pinellas County School Board Administration Building, 301 - 4th Street SW., Largo, Florida, or at some other location within the County as designated by the School Board.

(b) Special meetings

1. Special meetings shall be held at times designated by the Superintendent when deemed necessary or by the Superintendent upon request by the chairperson of the Board or upon request by a majority of the School Board.  The Board members and the Superintendent must be given two days written notice of the time and purposes of the special meeting and the minutes of the meeting shall set forth the facts regarding the procedure in calling the meeting and the reason therefore and shall be signed either by the chairperson or by majority of the members of the School Board.

(c) Workshop meetings

1. At regular meetings, the School Board will determine the need for workshops.  The topics to be discussed shall be identified and a time frame shall be established.

2. The School Board shall determine if the meeting is to be videotaped.

3. The agenda for workshop meetings shall be prepared and distributed by the board office staff at least seven (7) days in advance of the meeting.

4. The Superintendent (or designee) shall notify appropriate staff members of the scheduled events of the workshop meeting.

5. Workshop meetings are for discussion by Board members and for receipt of information.

(d) Emergency meetings

1. An emergency meeting shall be held upon the request of the Superintendent, chairperson, or a majority of the School Board members.  An emergency meeting is a School Board meeting scheduled on short notice or with no advance public notice for the express purpose of considering and taking action upon emergency matters impacting the public  health, safety, and welfare.  When the meeting is convened, the chairperson shall announce:

a. The meeting is an emergency meeting;

b. The purpose of the meeting;

c. The individual who requested the meeting; and

d. The items to be considered.

(e) Executive Sessions

1. When collective bargaining negotiations are impending or are on-going, the Superintendent and his representative in the negotiations may meet with the School Board in executive session provided that the discussions are restricted solely to matters relating to collective bargaining.

2. The School Board, the Superintendent, the school board attorney, and any attorney representing the School Board may meet in executive session to discuss pending litigation in which the School Board is a party before a court or an administrative agency provided the following conditions are met:

a. The school board attorney advises the School Board at a public meeting that he or she desires advice concerning the pending litigation.

b. The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures.

c. The entire session shall be recorded by a certified court reporter.  The reporter shall record the times of commencement and termination of the session, all discussions and proceedings, the names of all persons present at any time, and the names of all persons speaking.  No portion of the session shall be off the record.  The court reporter’s notes shall be fully transcribed and filed with the clerk of the School Board within a reasonable time after the meeting.

d. The School Board shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session.  The session shall commence at an open meeting at which the chairperson shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending.  At the conclusion of the attorney-client session, the meeting shall be reopened and the chairperson shall announce the termination of the session.

e. The transcript shall be made part of the public record upon conclusion of the litigation.

f. The Board will not meet in executive session to discuss any matters concerning the Bradley v. School Board desegregation case.

(2) Agenda

(a) The school Board meeting agenda shall be prepared and distributed by the Superintendent to School Board members at least seven (7) days in advance of regular meetings, with copies made available to the public at that time.

(b) The agenda shall contain the items to be considered in the order of presentation.  Agenda items that are not likely to require discussion shall be placed on a consent agenda that will be voted on as one item at the meeting.

(c) After the agenda has been made available, changes shall be only for good cause as determined by the chairperson and stated on the record.  Notification of any change shall be at the earliest practical time.

(d) The agenda for special meetings shall be prepared upon the calling of the meeting but not less than 48 hours prior to the meeting and made available to the public at that time.

(3) Proceedings:

(a) Robert’s Rules of Order (Revised) shall be used as the authoritative statement for parliamentary procedure at all Board meetings.

(b) At the beginning of any meeting, any Board member may request that the chairperson remove an item from the consent agenda so that the matter may be discussed prior to a vote.

(c) During Board meetings each non-consent agenda item shall be announced by the chairperson.

(d) When appropriate, the Superintendent may make a brief statement concerning the agenda item and the reason for the proposal.

(e) Board members may ask questions of the Superintendent to clarify the recommendation or report.

(f) Members of the audience will be given an opportunity to address the agenda items, pursuant to rules of the Board.

(g) Upon hearing all audience speakers and any response by the Superintendent, the Board shall then discuss the issue and take whatever action it deems appropriate.

(4) It shall be the policy of the School Board to conduct regular meetings, special meetings, emergency meetings, and workshop meetings as public meetings with the news media notified of such meetings.  Time, date, and place of such meeting shall be included in the news media notification.

(5) Notice of Meetings

(a) Notice of regular and workshop meetings shall be made as follows:

1. By publication in a newspaper of general circulation in Pinellas County.

2. By mail to all persons who have made requests of the School Board for advance notice of its proceedings and to organizations representing persons affected by School Board actions.

3. By posting in appropriate places to that interested persons may be duly notified.

(b) The notice shall include a statement of the general subject matter to be considered at the meeting.

(c) The notice shall be given not less than seven (7) days before the meeting.

(d) The notice shall advise that, if a person decides to appeal any decision made by the Board, with respect to any matter considered at the meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

(6) Quorum

(a) A majority of the School Board shall constitute a quorum for any School Board meeting.  No business shall be transacted unless a quorum is present except a minority may adjourn the meeting until a quorum is present.

(7) Voting Interpretation

(a) The vote shall be unanimous if all members audibly vote “yes” or otherwise indicate an affirmative vote.  When a split vote occurs, the minutes shall show the vote of each member on the question.  Each member who is present shall vote on each decision, ruling or official act which is taken or adopted by the School Board unless there is or appears to be a conflict of interest under the provisions of Chapter 112, Florida Statutes.  In such cases, the member may abstain but shall file a memorandum pursuant to requirements of Chapter 112, Florida Statutes.

(b) If a Board member is absent from the table at the time a vote is taken, the member may request that the minutes reflect support or opposition for the vote although the minutes will reflect that the Board member was absent during the vote.

(8) Questions Concerning Issues on Agenda

(a) In order to clarify recommendations contained in the agenda and to assist in providing for an orderly meeting, Board members will be contacted by the Superintendent (or designee) at least two days before the meeting to obtain questions regarding agenda items.  Appropriate staff will be consulted to obtain answers to relay to the Board or develop responses to be shared at the Board meeting.

(b) The Board attorney shall be contacted by Board members prior to the meeting regarding legal issues associated with agenda items.

(9) Minutes

(a) Minutes of regular and special School Board meetings will be maintained sufficient enough to set forth clearly all actions and proceedings of the School Board, including a record of votes by each Board member on matters which the School Board takes action.

(b) Minutes of School Board workshop sessions shall indicate the date, starting and ending time, participants and subject(s) presented and discussed.  These minutes shall clearly indicate that no official actions were taken by the Board members during this session and that audio tapes are maintained by the Board office for official record of these proceedings.

Statutory Authority:   1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:  120.53, 1001.372(1), 1001.372(2), 1001.41(2), 230.33, 286.0105 F.S.

History: New 7/12/50; Amended 7/22/59, 7/28/65, 7/31/68, 11/17/71; Revised l2/18/74; Amended 2/23/77, 4/14/82, 6/22/94, 6/27/95, 8/14/96, 12/17/96

Note: Former 6Gx52-1.07 (changed 9/10/96)

 

2.13 AUDIENCE PARTICIPATION AND CONDUCT AT BOARD MEETINGS

(1) School Board meetings are public meetings where the School Board conducts the public's business.  The meeting is the School Board's business meeting and is open to the public.  Public participation is invited as set forth in this policy.

(2) The public is encouraged to contact the School Board members on any issue by e-mail at board@pcsb.org or mail at P.O. Box 2942, Largo, FL 33779-2942.  Members of the public contacting the School Board in writing in advance of the meeting concerning an issue assures that School Board members will have time to carefully consider the issue prior to taking action.

(a) E-mail or mail is first received in the Board office for review and then forwarded to School Board members.  With the exception of e-mail or mail containing confidential student or employee information, all e-mail or mail received in the Board office becomes public record.  Like all other documents received or produced by a public entity, Board e-mail or mail will be subject to public records requests.  Unless the School Board Attorney’s office states otherwise, all e-mail or mail received in the Board office is forwarded to each of the seven Board members, placed in a press folder for review and retained by the Board office as provided in state statute.  E-mail or mail containing concerns regarding an employee, will be forwarded to the School Board Attorney's office to determine if an investigation leading to possible disciplinary action of the employee is warranted.  If an investigation is necessary, the e-mail or mail will not be forwarded to the School Board members because they may have to take action sitting in their quasi-judicial role upon completion of the investigation to rule on appropriate disciplinary action of the employee.  In that event, Board members will be notified in writing by the School Board Attorney’s office that an email or mail of this nature has been received. The original e-mail or mail will not be provided to the School Board members until after disciplinary proceedings have concluded.  If review by the School Board Attorney's office determines that no investigation is necessary, the e-mail or mail will be forwarded to the School Board members immediately.

(3) Members of the audience are invited to speak before the Board as follows:

(a) Numbered Agenda Items. During regular meetings, members of the audience shall be permitted to speak to any numbered agenda item prior to Board discussion except items pertaining to employee discipline (see subparagraph (h) below).  Special Order items are not numbered agenda items (see paragraph (4) below).  Each speaker addressing an agenda item must submit the appropriate Speaker’s Request Form and shall be allotted three (3) minutes to speak unless granted a longer time by the chairperson. The chairperson's decision may be overruled by a majority vote of the School Board.

(b) Presentations from the Audience. In addition, during regular meetings, the agenda will provide for “presentations from the audience” after all action items have been addressed by the School Board when members of the audience shall be permitted to present matters not covered by other items on the agenda. Presenters under this subparagraph (b) will be allotted three (3) minutes to make the presentation unless granted a longer time by the chairperson.  The chairperson's decision may be overruled by a majority vote of the School Board.  Any member of the public may request to be a presenter during this agenda item by one of the following methods:

1. Advanced Written Request. Submit a written request to the Superintendent no later than 14 days prior to the School Board meeting at which the presenter wants to address the School Board.  The written request will specify the subject matter of the presentation.  Each person who wants to be a presenter must submit an individual request.  Presenters utilizing this method will be identified in the agenda and will precede presenters signing up at the meeting.  Individuals requesting to address a topic covered in a regular agenda item will be asked to sign up at the meeting to speak to the specific agenda item rather than as a presenter from the audience.

2. Sign-Up at Meeting. At the meeting, complete and submit to the Superintendent's designee the appropriate Speaker's Request Form indicating the name and address of the person to speak and the subject matter to be addressed.  The Superintendent's designee will accept forms until the last presenter has finished.

(c) The School Board will not act on any matter raised by a presenter prior to the next regular meeting.  If a majority of the Board desires to further consider a matter raised by a presenter, they will request the Superintendent to bring a recommendation at a future workshop or meeting.  It is generally the School Board's practice not to respond to the issues brought forward by presenters except to correct inaccuracies.

(d) To avoid repetition, speakers supporting the same issue are encouraged to designate a spokesperson and have the spokesperson request the members of the audience supporting the position to stand during the spokesperson’s presentation.

(e) Early in the meeting, the chairperson (or designee) shall announce that members of the audience may speak to a specific agenda item or during "presentations from the audience" by submitting an appropriate Speaker’s Request Form to the Superintendent’s designee (normally seated inside the entrance to the meeting room).  The form shall indicate the agenda item number or "presentations from the audience", the subject, the name and address of the person, and the party or parties represented by the person.  All forms shall be submitted to the Superintendent’s designee prior to the beginning of the discussion of the item by the Board. The Superintendent’s designee shall not accept any forms on an agenda item after the Board has begun discussion of the item.

(f) Each person submitting the signed Speaker’s Request Form may address the Board, but no such person may yield his time to any other person.  Each speaker shall be recognized only once on any single agenda item and will be called to speak in the order that the request form is received by the Superintendent’s designee or as announced by the chairperson (or designee).

(g) If a speaker or presenter wants to supplement their three (3) minute presentation, the speaker or presenter should provide the School Board office written materials prior to the meeting.  School Board members will make every effort to review these materials.  School Board members may not be able to review materials received less than two (2) business days prior to the Board meeting.

(h) Employee Discipline:

1. Before an Administrative Hearing: An employee who is being recommended for suspension or dismissal, or the employee’s representative, may ask to address the agenda item before there has been an administrative hearing and will be allocated ten (10) minutes to speak. (see also policy 2.14 BOARD PROCEEDINGS FOR SUSPENSION OR DISMISSAL OF PERSONNEL).

2. After an Administrative Hearing: An employee, or the employee’s representative, will be allocated 15 minutes to speak when a hearing has been conducted and a recommended order has been issued and is being presented to the Board for action.  The district Staff Attorney will also be allocated 15 minutes to speak.  The burden of presenting first is on the Staff Attorney who may reserve a specified portion of the allocated time for rebuttal.  (See also policy 2.14 BOARD PROCEEDINGS FOR SUSPENSION OR DISMISSAL OF PERSONNEL.)

(4) Special Order Agenda  

(a) The Superintendent will include a Special Order agenda for each regular School Board meeting.  The Special Order agenda will consist of the following:

1. Student’s Rights and Responsibility

2.  Introduction of Newly Appointed Administrators

3. Recognitions and Awards

4. Construction Project Approval

5. Presentation of special interest to the school district as approved by the Superintendent or requested by the Board.

(b) Special Order agenda items will be allocated ten minutes unless granted a longer time by the chairperson. The chairperson's decision may be overruled by a majority vote of the School Board.

(5) The vice chairperson will assist the chairperson in maintaining an orderly process of hearing speakers during Board meetings by presenting the forms to the chairperson as each item is pending discussion by the Board.

(6) The School Board Administrative Assistant (or designee) will keep time by means of a time clock so that all speakers are given an opportunity to speak, pursuant to rules of the Board.

(7) Board members may ask a speaker questions following their presentation. Only if questioned following the presentation, will the speaker be allowed to make follow-up comments which do not exceed a one minute time limit after Board questioning has concluded.

(8) Propriety of Speaker’s/Presenter's Remarks:

(a) Speakers shall confine their comments only to the agenda item being discussed.

(b) The selling of any commercial product or service is not allowed.

(c) Inappropriate comments shall be ruled “out of order” by the chairperson, and any speaker continuing with inappropriate comments shall be required by the chairperson to relinquish the podium.

(d) Members of the audience are not constituted a part of the deliberative body and may not raise questions concerning Robert’s Rules of Order

(9) No person, other than on-duty law enforcement personnel, shall be permitted to carry a weapon to a School Board meeting or onto the premises of any building in which a School Board meeting is being conducted or onto the premises of any school or other facility owned or operated by the School Board of Pinellas County. Any person failing to comply with this provision is subject to being removed; and, if such a person refuses to leave upon being instructed to do so by the School Board or its authorized personnel, that person shall be subject to arrest for trespassing, pursuant to Section 810.08 F.S., or for any other applicable violation of Florida law. A weapon is defined as any instrument which will cause death or serious bodily harm when used in the ordinary and usual manner contemplated by its design or construction.

(10) Improper or disruptive conduct at Board meetings, including booing, hissing, clapping, shouting, cursing, or disrespectful comments to Board members, school administrators or other persons present shall not be tolerated; nor shall the Board tolerate other behavior or verbal abuse which the chairperson considers disruptive or improper. Applause is acceptable when an award is being presented.  Members of the audience may bring signs that are not attached to sticks and that do not interfere with the meeting and do not interfere with someone viewing the meeting.  No cellular phones or other communication devices may be used during the Board meetings in the Conference Hall.

(11) The chairperson may order the removal from the meeting of any person interfering with the expeditious or orderly process of the meeting, provided the chairperson has first issued a warning that continued interference with the orderly processes of the meeting will result in removal. Any law enforcement authority or a sergeant-at-arms designated by the chairperson shall remove any person ordered removed pursuant to this section.

(12) In the event that a person(s) is so disruptive at subsequent Board meetings, the chairperson may, with the concurrence of a majority of the Board, direct the Board attorney to seek immediate judicial relief either to bar such disruptive or disorderly person(s) from the meeting or to seek whatever other legal remedy will ensure the orderly conduct of the Board’s meeting(s).

Statutory Authority:   1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 11/17/71; Revised 12/18/74; Amended 2/23/77, 4/14/82, 12/9/87, 4/25/90, 6/12/91, 9/10/96, 7/31/01, 5/21/02, 8/24/04

Note: Former 6Gx52-1.08 (changed 9/10/96)

 

2.14 BOARD PROCEEDINGS FOR SUSPENSION OR DISMISSAL OF PERSONNEL

(1) When the Board considers action concerning the suspension or dismissal of staff members, it is acting in the nature of a judicial tribunal.  The Board’s decisions in these cases must be free of improper and extraneous comments among the Board members, and from the parties and others participating in the procedures.  Individual Board members shall not be obligated to respond to questions directed to them.  Board members shall not discuss a pending case with members of the public or listen to opinions on how a case should be decided except from the parties when the case comes to the School Board for final action.

(2) When the Superintendent recommends suspension or dismissal of an employee, an agenda item will be prepared for presentation to the School Board.

(3) The employee will be notified of the charges against the employee and the recommendation that the Superintendent is making to the School Board.  The employee will be informed that he or she may request a hearing on the charges.  The employee will be informed that failure to request a hearing shall constitute an admission that the charges are true.  The notification to the employee shall be at least 17 days prior to the Board meeting at which the recommendation of the Superintendent will be presented.  When the recommendation is for dismissal the Superintendent will recommend that the employee be suspended without pay pending the outcome of a hearing if one is requested.

(4) Failure to submit a written request for a hearing prior t