BBAA - Individual Board Member's Authority and Responsibility
Code: BBAA
Readopted: 5/28/24
Adopted: 3/09/09
Orig. Code(s): BBAA
An individual Board member exercises the authority and responsibility of their position when the Board is in a legally called session.
A Board member has the authority to act in the name of the Board when authorized by a specific Board motion. The affirmative vote of the majority of members of the Board is required to transact any business. When authorized to act as the district’s designated representative in collective bargaining, a Board member may make and accept proposals in bargaining subject to subsequent approval by the Board.
A Board member has the right to express personal opinions. When expressing such opinions in public, the Board member must clearly identify the opinions as their own. This does not preclude a board member from endorsing a candidate or measure in their capacity as an individual board member. They may not make endorsements on behalf of the board unless authorized to do so.
Members will be knowledgeable of information requested through Board action, supplied by the superintendent and gained through attendance at district activities and through professional Board activities.
Members of the Board will adhere to the following in carrying out the responsibilities of membership:
1. Request for Information
Any individual Board member who desires a copy of an existing written report or survey prepared by the administrative staff will make such a request to the superintendent. A copy of the material may be made available to each member of the Board. Requests for the generation of reports or information which requires additional expense to the district must be submitted to the Board for consideration.
2. Requests for Legal Opinions
A request for a legal opinion by a Board member, must be approved by a majority vote of the Board before the request is made to legal counsel. If the legal opinion sought involves the superintendent’s employment or performance, the request should be made to the Board chair. Legal counsel is responsible to the Board.
3. Action on Complaints or Requests Made to Board Members
When Board members receive complaints or requests for action from staff, students or members of the public, such information is to be conveyed to the superintendent for action.
4. Board Member’s Relationship to Administration
Individual Board members will be informed about the district’s educational program, may visit schools or other facilities to gain information, and may request information from the superintendent. No individual Board member may direct the superintendent to action without Board authorization. Board members will not intervene in the administration of the district or its schools.
5. Contracts or Agreements
All contracts of the district must be approved by the Board, unless otherwise delegated by the Board to the superintendent or designee for approval, before an order can be drawn for payment. If a contract is made without authority of the Board, the individual making such contract shall be personally liable.
END OF POLICY
Legal Reference(s):
ORS 332.045
ORS 332.055
ORS 332.057
ORS 332.075
38 Or. Atty. Gen. Op. 1995 (1978)
S. Benton Educ. Ass’n v. Monroe Union High Sch. Dist., 83 Or. App. 425 (1987).
Cross Reference(s):
BHD - Board Member Compensation and Expense Reimbursement