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Policy Categories Archives: Section B: School Board Governance and Operations

Section B contains policies on the School Board – how it is appointed or elected; how it is organized; how it conducts meetings, and how the board operates. This section includes bylaws and policies establishing the board’s internal operating procedures.

New Board Member Orientation

CSD File: BIA
CANDIA SCHOOL DISTRICT
NEW BOARD MEMBER ORIENTATION

A new member or any person designated for appointment as a new member of the Board is to be
afforded the Board and the staff’s fullest measures of courtesy and cooperation. Board and staff
shall make every feasible effort to assist the new member to become fully informed about the
Board’s functions, policies, procedures, and problems.

A meeting will be convened with the Superintendent for the primary purpose of orienting the new
member to his or her responsibilities, to the Board’s method of operating, and to the School
District policies and procedures.
Each new member will be provided with the following:
1. Link to the School Board Policies
2. Meetings Schedule
3. Current and Next Year’s Calendar
4. Goals
5. Candia Board Meeting Procedures
6. The current school budget.
7. Negotiated agreements.

Schedule permitting, new members will be informed of the New Hampshire School Board
Association’s Orientation meeting.

Adopted: October 7, 1999
Revised: January 6, 2022

Advisory Committees to the Board

CSD File: BDF
CANDIA SCHOOL DISTRICT
ADVISORY COMMITTEES TO THE BOARD

The Board may rely on various advisory committees to counsel it as one means of discerning the needs and desires of the school district and its residents. The central purpose of all advisory committees is to contribute to the educational program by conducting studies, identifying problems, and developing recommendations that will enhance the effectiveness of the decision-making process. The ultimate authority to make decisions will continue to reside with the powers and duties of the Board as imposed by law.

No advisory committee’s recommendations shall have any limiting effect on appropriations, unless all the procedures of RSA 32 (Municipal Budget Law) have been followed.

Specific topics for study or well-defined areas of activity shall be assigned in writing to each committee. Upon completing its assignment, each committee either shall be given new assignments or shall be dissolved promptly, but shall not be allowed to continue for prolonged periods without definite assignments. Each committee shall be instructed as to the length of time each member is being asked to serve, the service the Board wishes it to render, the resources the Board intends to provide, the approximate date on which the Board wishes to dissolve the committee. Furthermore, the committee shall be instructed as to the relationship it has to the Board, to individual board members, to the board member(s) assigned to provide liaison, and to the Superintendent, the committee assistant, and the remainder of the professional staff.

The Board shall have sole power to dissolve any of its advisory committees and shall reserve the right to exercise this power at any time during the life of any committee.

The Board shall seek the advice of the Superintendent before establishing or dissolving any advisory committee.

The Board appreciates and encourages citizen participation on Committees. When necessary, the Board reserves the right to select the appropriate number of members from the interested amount.

All appointments of staff members to citizens advisory committees to the Board shall be made by the Superintendent.

The School Board shall see that the public is made aware of the services rendered by such committees of citizens as it may appoint and shall see that the public is informed of the major conclusions and recommendations made by such committees. All public announcements concerning the organization, membership, operation, recommendations, and dissolution of such committees shall be made at such time and in such manner as the Board may choose.

Legal Reference: RSA 32:24

Adopted: October 7, 1999
Revised: November 5, 2009

 

School Attorney

 

CSD File: BDG
CANDIA SCHOOL DISTRICT
SCHOOL ATTORNEY

The Board recognizes that the increasing complexity of School District operations frequently requires procurement of professional legal services. Consequently, it shall retain an attorney or law firm for that purpose.

A decision to seek legal advice or assistance on behalf of the School District shall normally be made by the Superintendent or by persons authorized by the Superintendent or Board. Such action shall occur where it is consistent with approved District policy or standard practice and meets an obvious need of the District. It may also take place as a consequence of formal Board direction.

Many types of instances of legal assistance to the District may be considered routine and not necessitating specific Board approval or prior vote. For example, the Superintendent may consult with the school attorney to interpret statutory requirements or regulations, prepare or review contracts and seek legal opinions regarding other District issues.

However, when the Superintendent concludes that unusual types or amounts of professional legal service may be required, the Superintendent should promptly notify the Board.

Adopted: October 7, 1999
Revised: September 7, 2017

Board-Superintendent Relationship

CSD File: BDD
CANDIA SCHOOL DISTRICT
BOARD-SUPERINTENDENT RELATIONSHIP

The Board believes that the legislation of policies is a primary function of a School Board and that the execution of the policies should be a primary function of the Superintendent.

Delegation by the Board of its executive powers to the Superintendent provides freedom for the Superintendent to manage the schools within the Board’s policies and frees the Board to devote its time to policy-making and appraisal functions.

The Superintendent is responsible for the administration of Board policies, the execution of Board decisions, the operation of school programs, for keeping the Board informed about school operations and issues, and for satisfactory fulfillment of the duties required by statute and rules of the State Board of Education.

The Board will:
1. Give the Superintendent full administrative authority for properly discharging their professional duties, holding him/her responsible for acceptable results.
2. Act upon matters of employment or dismissal of school personnel only on the recommendation of the Superintendent.
3. Hold all meetings of the Board in the presence of the Superintendent or his/her designee.
4. Refer all school related concerns to the Superintendent and formally discuss at a regularly scheduled meeting.

Adopted: October 7, 1999
Revised: September 7, 2017

Appointed Board Officials

CSD File: BDC
CANDIA SCHOOL DISTRICT
APPOINTED BOARD OFFICIALS

CLERK OF THE DISTRICT
The Clerk of the Candia School District is elected triennially and the School Board will fix the salary of the District Clerk, who shall not be a member of the School Board. The Clerk shall keep a true record of each district meeting and may submit any reports to the State of New Hampshire as may be required and shall carry out duties as required in RSA 197:20.

RSA 197:20 Clerk. The clerk shall keep a true record of all the doings of each meeting; shall make an attested copy of any record of the district for any person upon request and tender of legal fees therefore; shall act as moderator of any meeting until a moderator pro tempore shall be chosen, if the moderator is absent or the office has become vacant; and shall have the same power to administer oaths which the moderator has. If the clerk is absent at any meeting a clerk pro tempore shall be chosen.

TREASURER OF THE DISTRICT
The Treasurer of the School District shall be elected triennially and shall not be a member of the School Board. He/She shall receive such remuneration as the district may determine and perform such duties pertaining to the fiscal affairs of the school district as outlined in the New Hampshire statutes relating to public schools. If no one is elected or accepts, the School Board shall appoint the Treasurer.

RSA 197:22 Treasurer’s Bond. The treasurer shall, before entering upon the duties of such office, give a bond to the district with sufficient sureties, to the acceptance of the school board, for the faithful performance of the treasurer’s official duties. A Deputy Treasurer may be appointed by the Treasurer subject to the approval of the Board.

Statutory References:
RSA 197:20, School Meetings & Officers: Clerk Duties
RSA 197:22, School Meetings & Officers: Treasurers Bond
RSA 197:23-a, School Meetings & Officers: Treasurers Duties
RSA 671:23, School District Elections: Warrant
RSA 671:6, School District Elections: Other Officers
RSA 671:31, School District Elections: Reports by Clerk

Adopted: October 7, 1999
Revised: September 7, 2017

Board Organizational Meeting

CSD File: BDA
CANDIA SCHOOL DISTRICT
BOARD ORGANIZATIONAL MEETING

The School Board shall organize annually at its first meeting following the school district elections. Elections shall be held at the annual school district meeting in accordance with RSA 197:1. Every member shall be notified of the meeting for organization, in accordance with RSA 91-A:2. This meeting shall be called to order by the Superintendent, who shall preside during and until the election of a Chairperson.

RSA 197:1 Annual. A meeting of every school district shall be held annually between March 1 and March 25, inclusive, or in accordance with RSA 40:13 if that provision is adopted in the district, for raising and appropriating money for the support of schools for the fiscal year beginning the next July 1, for the transaction of other district business and, in those districts not electing their district officers at the town meeting, for the choice of district officers.

BOARD OFFICERS
The officers of the Candia School Board shall be a Chairperson, a Vice-Chairperson, and a Clerk. The officers shall be elected at the annual organization meeting to serve until the next annual organization meeting or until a successor is elected. Any vacancy in any of such offices may be filled at any meeting of the Board provided that all members of the Board have been notified prior to the meeting that the vacancy will be filled at such meeting. The Superintendent is the chief executive officer and an ex-officio member of the Board and shall be the Executive Secretary ex-officio.

CHAIRPERSON
The Chairperson shall consult with the Superintendent on the preparation of the agenda for each meeting, shall have authority to sign contracts and other instruments as approved by the Board in its name and on its behalf, and shall have such other powers and duties as the Board may from time to time determine.

VICE-CHAIR
The Vice-Chairperson shall have the powers and duties of the Chairperson in his/her absence, and such other powers and duties as the School Board may from time to time determine.

CLERK
The Clerk shall be responsible for Board correspondence when directed by the Chairperson.

Statutory References:
RSA 91-A:2, Public Records and Meeting: Meeting Open to the Public
RSA 197:1, School Meetings and Officers

Adopted: December 2, 1999
Revised: September 7, 2017

Board Member Conflict Of Interest

CSD File: BCB
CANDIA SCHOOL DISTRICT
BOARD MEMBER CONFLICT OF INTEREST

As elected officials, school board members owe a duty of loyalty to the general public in protecting the school district’s interests. Therefore, the Board declares that a conflict of interest is a personal, pecuniary interest that is immediate, definite, and demonstrable and which is or may be in conflict with the public interest.

A board member who has a personal or private interest in a matter proposed or pending before the Board will disclose such interest to the Board, will not deliberate on the matter, will not vote on the matter, and will not attempt to influence other members of the Board regarding the matter. Additionally, Board members should refrain from engaging in conduct or actions that give the appearance of a conflict of interest, embarrass the Board, or personally embarrass another Board member.

It is not the intent of this policy to prevent the District from contracting with corporations or businesses with which a Board member is an employee. The policy is designed to prevent placing a Board member in a position where his interest in the public schools and his interest in his place of employment (or other indirect interest) might conflict, and to avoid appearances of conflict of interest even though such conflict may not exist.

Nepotism
The Board may employ a teacher or other employee if that teacher or other employee is the father, mother, brother, sister, wife, husband, civil union partner, son, daughter, son-in-law, daughter-in-law, sister-in-law, or brother-in-law of the Superintendent or any member of the Board. Such a relationship will not automatically disqualify a job applicant from employment with the school district.

However, the Board member shall declare his/her relationship with the job applicant and will refrain from debating, discussing, or voting on a nomination or other issue. The job applicant is expected to declare his/her relationship with the Board member as well.

This shall not apply to any person within such relationship or relationships who has been regularly employed by the Board prior to the inception of the relationship, the adoption of this policy, or a Board member’s election.

Legal References: Marsh v. Hanover, 113 NH 667 (1973) , Atherton v. Concord, 109 NH 164 (1968)
Adopted: October 7, 1999

Revised: November 5, 2009

A Model Of Conduct For School Board Members

CSD File: BCA
CANDIA SCHOOL DISTRICT
A MODEL CODE OF CONDUCT FOR SCHOOL BOARD MEMBERS

Members of the Candia School Board shall agree to the following code of conduct:

  •  We will not be coerced into decisions by pressure groups. Rather, we will listen to all points of view and try to make decisions based on all available data.
  • We will strive to identify our own personal biases and prejudices and to keep them from influencing our decisions.
  • In the consideration of financial matters, such as budget approval, school construction, salaries, and purchases, we will attempt to maintain a balance between fiscal responsibility and a commitment to quality education.
  • We will attempt to differentiate between decisions that should rightfully be made by the administrators and those which should be made by the school board, keeping in mind that the school board’s functions are legislative and evaluative, that is, to make policies and monitor their implementation.
  • We will remember that a school board functions only as a total board in a legal meeting. I will not attempt to exercise authority as an individual and will not make unauthorized commitments on behalf of the board.
  • If I should be a member of the minority on any vote, I will abide by the majority opinion.
  • If contacted by a parent or other citizen about a school problem, we will point out how important it is to follow a proper “chain of command” and that, if avenues of appeal have been exhausted, the complainant should seek recognition on a school board meeting agenda.
  • We will respect the confidentiality of information disclosed in non-public session of the board.
  • We will vigorously support school board policies which recognize the rights and dignity of all people, including students and employees, and which foster sound management practices.
  • Even though we may have been elected by friends and neighbors, we will view ourselves as representatives of the entire school district and will not be influenced by partisanship. We will consistently support what is best for the total school district.

Adopted: August 4, 2005

Unexpired Term Fulfillment

CSD File: BBBE/BBBC
CANDIA SCHOOL DISTRICT
UNEXPIRED TERM FULFILLMENT

The Board believes that any citizen who files for and seeks election to the Board or any other School District office should do so with full knowledge of and appreciation for the investment in time, effort, and dedication expected of all School District officials. The Board also believes the citizen’s intent to serve reflects his/her intention to serve a full term of office.

However, if for reasons of health, change in domicile, or any other compelling reason, a board member or other elected official does decide to terminate service, the Board requests earliest possible notification of intent to resign so that the Board may plan appropriately for this event.

The School Board shall fill vacancies occurring on the Board by appointment until the next School District election in accordance with RSA 197:26.

RSA 197:26 Vacancies. The School Board shall fill vacancies occurring on the Board, and in other district offices, except that of moderator, until the next annual meeting of the district. In case of vacancy of the entire membership of the Board, or the remaining members are unable to agree upon an appointment, the selectmen, upon application of one or more voters in the district, shall fill the vacancies so existing until the next annual meeting of the district.

RSA 197:26 Vacancies. The School Board shall fill vacancies occurring on the Board, and in other district offices, except that of moderator, until the next annual meeting of the district. In case of vacancy of the entire membership of the Board, or the remaining members are unable to agree upon an appointment, the Selectmen, upon application of one or more voters in the district, shall fill the vacancies so existing until the next annual meeting of the district.

A failure of the School Board to fill a vacancy after 3 Board Meetings will be considered the inability to agree on an appointment.

In the event that a vacancy or vacancies occur(s) during the term of office of any board member causing the membership of the Board to be less than five, the unexpired term or terms of office shall be filled as follows:

1. Solicit names of voters in the district who are willing to serve with appropriate notice of the same through public notification serving the community. Published notification will be made no later than ten days prior to a regularly scheduled board meeting.

2. Appointment Process:
a. All names submitted to the Board and qualified to be appointed shall be given due consideration.
b. Voting shall be conducted in open session and a process leading to the appointment of a new board member(s) can begin only after the tendered date of resignation of the previous board member(s).
c. Appointment to the Board shall require a majority vote of Board present.

3. The appointment is only for that period of time until the next election of school district officers as stipulated in RSA 197:26.

Statutory Reference:
RSA 197:26 School Meetings & Officers: Vacancies

Adopted: October 7, 1999
Revised: June 8, 2017

Board Member Removal From Office

CSD File: BBBD
CANDIA SCHOOL DISTRICT
BOARD MEMBER REMOVAL FROM OFFICE

A board member shall not be removed from office by either the voters or the Board itself, except as provided in RSA 32:12 and RSA 42:1-a.

School Board members may only be removed from office as provided in RSA 32:12 and RSA 42:1-a. RSA 32:12 prohibits School Board members from violating the provisions of RSA 32 relating to the expenditures of school district money. RSA 42:1-a, prohibits school board members from breaching confidentiality standards. Violations of either of these statues may result in the board member being removed from office.

Statutory References:
RSA 32:12 Municipal Budget Law: Penalty
RSA 42:1-a Oaths of Town Officers: Manner of Dismissal, Breach of Confidentiality

Adopted: October 7, 1999
Reviewed: June 8, 2017