202 - Board of Directors Members

202 - Board of Directors Members dawn.gibson.cm… Wed, 06/19/2024 - 10:19

202.01 - Qualifications

202.01 - Qualifications

Serving on the Board of Directors is an honor and privilege.  Its rewards are respect from the community, the students, and the staff and satisfaction from knowing each board member contributed to the success of the children in your district community.  Only those who are willing to put forth the effort to care and to make a difference and who have the welfare of the children as their chief concern should consider running for a school board seat.

Any qualified elector of the school district is eligible to serve on the Board of Directors.  A “qualified elector” is a person who is:

  • a citizen of the United States;
  • eighteen years of age or older;
  • a registered elector of the school district or subdistrict.

Nomination petitions must be filed in the manner described by law.

 

 

Legal Reference:  Iowa Code Chapter 68B, §§277.4, .27 (1991)

Cross Reference:  201        Board of Directors Elections
                                       203        Board of Directors Member Conflict of Interest

Approved:  1-14-91              
Reviewed:  7-10-23              
Revised:  2-10-92

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:19

202.02 - Oath of Office

202.02 - Oath of Office

Board members are officials of the state.  As a state official, each board member must pledge to uphold the Iowa and the United States Constitutions and to carry out the responsibilities of the office to the best of their ability.

Each Director elected in a regular election will qualify by taking the oath of office on or before the time set for the organization meeting of the Board.  Each director appointed or elected at a special election will qualify within ten (10) days of appointment or election by taking the oath of office.  The election or appointment and qualification will be entered by the Board Secretary.  The oath may be administered by any qualified member of the Board or by the Board Secretary in the manner and form stated below:

“Do you solemnly swear that you will support the Constitution of the United States and the Constitution of the State of Iowa, and that you will faithfully and impartially, to the best of your ability, discharge the duties of the office of member of the Board of Directors in the Bennett Community School District as now and hereafter required by law?”

 

 

Legal Reference:  Iowa Code §§78.1, .2, 277.23, .27, .28, 275.25, 279.1 (1991)

Cross Reference:  200.2    Organization of the Board of Directors
                                       201        School Elections

Approved:  1-14-91              
Reviewed:  7-10-23              
Revised:  2-10-92

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:20

202.03 - Term of Office

202.03 - Term of Office

Board members elected for a full term at a regularly scheduled school election in November, of odd-numbered years, serve for four years.  Board members appointed to fill a vacant position will serve until a successor is elected and qualified at the next regular school election, unless there is an intervening special election for the school district, in which event a successor shall be elected at the intervening special election.  A board member elected to fill a vacancy will serve out the unexpired term.

Being a board member is a unique opportunity for a citizen to participate on a governing board of the school district.  Eligible board members are encouraged to consider running for more than one term.

 

 

Legal Reference:  Iowa Code §§69.12; 274.7; 279.6, 279.7.

Cross Reference:  201        Board of Directors’ Elections
                                       202        Board of Directors Members
                                       202.4    Vacancies

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:  2-13-19

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:21

202.04 - Vacancies

202.04 - Vacancies

A vacancy requiring board action shall occur when the board member resigns, forfeits or otherwise leaves the office.  A vacancy shall also include, but is not limited to, the following:  failure to be properly elected, failure to qualify within time fixed by law, failure to reside in the school district and director district, a court order declaring the seat vacant, conviction of an infamous crime, three (3) violations of the open meetings law, and conviction of a public offense in violation of the oath of office.

If a vacancy does occur prior to the expiration of a term of office, the vacancy shall be filled by board appointment within thirty (30) days of the vacancy.  The newly-appointed board member shall hold the position until the next scheduled school election.  At that time the appointed board member may run for a four (4) year term, if one is available, or run for the remainder of the unexpired term.

If the board is unable to fill a vacancy by appointment within thirty (30) days after the vacancy occurs, the board secretary shall call a special election to be held no sooner than forty (40) days and not later than fifty (50) days after the vacancy occurs.  The board member elected at the special election shall serve the remaining portion of the unexpired term.

 

 

Legal Reference:  Iowa Code §§21.6(3)(d), 69, 277.28, .29, 279.6, .7 (1991)
                                       Good v Crouch, 397 N.W.2d 757 (Iowa 1986)

Cross Reference:  201        Board of Directors Elections
                                       202.1    Qualifications
                                       202.3    Term of Office

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:  07-11-11

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:22

202.05 - Individual Authority

202.05 - Individual Authority

Each school district of the public education system in Iowa is governed by a locally-elected board of directors of the school corporation.  The board operates as a corporate body, and only the board may make decisions regarding the educational program and the operations of the school district.  Only the board has the power to take action affecting the school district.

Individual board members may only exercise their authority as a school board member when they vote to take action at a school board meeting.  Individual board members, alone, have no authority to make any decision or take any action to affect the management of the school district.  Without the consent of the board, an individual board member has no authority to act on behalf of the school district or the school board.

It shall be the responsibility of each board member and the superintendent to educate the public, staff and the students of the board member’s authority to take action that affects the school district only when voting in a school board meeting.

 

 

Legal Reference:  Iowa Code §§274.7, 279.8 (1991)

Cross Reference:  204        Board of Directors Member Code of Ethics
                                       211        Board of Directors Meetings

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:23