Public School Academies Unit Technical Assistance Webinar

Public School Academies UnitTechnical Assistance Webinar Board Responsibility and Authority March 7, 2012

Public School Academies UnitTechnical Assistance Webinar Mark S. Eitrem Public School Academies Manager

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.

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.

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

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

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/SchoolBoardsattheDawnofthe21stCentury.pdf

Meeting Schedules • We recommend that Academy Board’s 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.

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

Agenda • Call to Order • Roll Call • Approval of Minutes from Previous Meeting • Approval of Current Meeting Agenda • Public Comment (related to Board Agenda) • Committee Reports (Standing & Ad Hoc) • Treasurer’s Report • Administrator’s Report • Old Business • New Business • Extended Public Comment (Any Issue) • Other Business • Adjournment An Hour is Just About Right!!!

Freedom of Information Act(FOIA) Ron Schneider Public School Academies Consultant

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.

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.

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 PSA’s and ESP’s 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.

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.

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.

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.

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.

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.

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.

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.

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 requester’s 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.

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.

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 PSA’s and ESP’s 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.

Open Meetings Act (OMA) Karla Browning Public School Academies Consultant

Michigan’s Open Meetings ActAct 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 General’s Office)

Michigan’s Open Meetings ActAct 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)

Michigan’s Open Meetings ActAct 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 public’s role? • What are some do’s and don’ts?

Michigan’s Open Meetings ActAct 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????

Michigan’s Open Meetings ActAct 267 of 1976 • What is a meeting? • When a quorum of a public body is gathered for the purpose of deliberating toward or renderinga decision on public policy • Includes committees • Includes discussion/deliberation via phone and email • Chance encounters can constitute a meeting, depending what gets discussed

Michigan’s Open Meetings ActAct 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

Michigan’s Open Meetings ActAct 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.”

Michigan’s Open Meetings ActAct 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

Michigan’s Open Meetings ActAct 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

Michigan’s Open Meetings ActAct 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)

Michigan’s Open Meetings ActAct 267 of 1976 • What is the public’s 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.

Michigan’s Open Meetings ActAct 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 • Don’t • 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

Michigan’s Open Meetings ActViolations & 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.

Michigan’s Open Meetings ActViolations & 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 liable…for damages of not more than $500…to a person or group bringing the action.” Larger fines and jail time for subsequent offense

Resources • Open Meetings Legislature’s synopsis http://www.legislature.mi.gov/documents/publications/openmtgsfreedom.pdf MDE’s Open Meetings Page http://www.michigan.gov/mde/0,4615,7-140-54504_18668_18689-71728--,00.html AG OMA Handbook http://www.michigan.gov/documents/ag/OMA_handbook_287134_7.pdf

Parliamentary Procedure Neil Beckwith Public School Academies Consultant

Robert’s Rules of Order • Outcomes • Understand reasons for using RR’s. • Understand some basic protocols identified in RR’s. • Identify resources for more information.

Robert’s Rules of Order • Foundational Thinking Behind Use of RR’s • 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.

Robert’s Rules of Order • True/False Quiz • According to RR’s, 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.

Robert’s 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.

Robert’s Rules of Order • Answers • False • False • False • True • True • True • False • True

Robert’s 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.

Robert’s 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.

Robert’s 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..

Robert’s Rules of Order A TYPICAL AGENDA TYPICAL LANGUAGE USED “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… • 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.

Public School Academies Unit Technical Assistance Webinar