Understanding the Role Authority and Limitations of a

Understanding the Role, Authority, and Limitations of a Board Member: Candidate Training Tony F. Ortiz, Esq.

Does How You Conduct Your Work Matter for Student Achievement? From the research, it is clear that school boards in highachieving districts exhibit habits and characteristics that are markedly different from boards in low-achieving districts. In the most dramatic examples from this research, scholars compared districts with similar levels of poverty and disadvantage to determine factors that separate highperforming districts from those with low performance. Board’s that are efficient, data driven, have high expectations, mind their roles, and avoid dysfunction often see better results.

Are you a good candidate for the school board? o o Ready to work on the effectiveness of your board? Do you have a vision for your community and high expectations for all students? Or are you running for the wrong reasons: pet projects, special interests, concerns about particular employees, political power, and special access?

What Board Members Do o o Make Policy Select a Superintendent Plan & Set Goals Adopt a Budget Delegate Staffing & Evaluation Adopt Instructional Standards Meet School Facility Needs / Bonds Issues Consider Students in all Policies Communicate with all Groups Adjudicate & Decide Advocate for Schools

Board Roles: What are the lawful and appropriate roles for the Superintendent? o Section 22 -5 -14 of the New Mexico Statutes: Superintendent Authority Chief Executive Officer n Administer and supervise the school district n Employ, fix salaries, assign, terminate and discharge *Statute places general administrative and all employment functions in the hands of the administration (HB 212) n

Don’t be a board member that: o o wants to edit and approve news releases and school newsletters wants to sit in the classroom and evaluate teachers wants to tell cooks what to serve in the cafeteria requests a master key in order to randomly visit classrooms and school district offices

20 Ways to Make Your Job Easier 1. Do your homework before board meetings. 2. Keep abreast of current issues. 3. Attend all meetings. 4. Learn parliamentary procedure. 5. Consider alternative solutions from others. 6. Set high expectations for yourself. 7. Keep focus on what is best for students.

Making Your Job Easier continued… 8. Base your decisions on data & objectivity 9. Avoid conflicts of interest 10. Ask questions and get the facts 11. Respect confidentiality 12. Listen to constructive criticism 13. Learn & practice the art of compromise 14. Share responsibility for all decisions regardless of how you voted

Making Your Job Easier continued… 15. State your position particularly if you feel strongly about an issue 16. Strive for teamwork 17. Support the authority of the Superintendent 18. Remember you have authority only in an official meeting of the board 19. Use your office for the district’s betterment 20. Maintain a sense of humor

Board Communication: Personal Conflicts Any group of 5 is going to have conflicts. Challenge is not to personalize Challenge is not to air them in front of the public What are the impacts for the board? Norms in this area? Ideas: meet privately; resolve not to publicly address the other; mediation. Concerns about impropriety.

Board Roles: Supporting the Overall Direction of the Board o o o Board members only have authority when acting with the board, not as individuals. In giving direction to the administration, the board must act as one body. n Speak to the superintendent with one voice, which is the majority on any one issue. n The superintendent cannot and should not have to pursue five agendas. Do not undermine the board majority decision or the administration’s attempts to implement.

Board Roles: Board Communication Obligations o Board: n n Help the superintendent anticipate problems Be the “ears and eyes” of the district, not the legs, hands, and mouth. Do not directly communicate with employees or community members regarding confidential problems Remember that the superintendent is your CEO; all information should flow through him/her.

Open Meetings Act: The Public’s Right to Know o Basic principle: the Board cannot make any decision or discuss issues relating to public business unless the public has been given proper notice of the Board’s possible action and agenda’s posted. n o Be familiar with executive session exceptions Common errors: participating in a rolling quorum, email errors, notice/agenda errors.

Inspection of Public Records Act o o Statute that allows any person to inspect and copy any “public” document. Some protected documents: attorney client privilege, notes for personal use, personnel, identifiable student matters. Common Errors: email, notes to the superintendent, administration or other board members. Rule of Thumb: Do not write anything down regarding school business or on your accounts that you would not want to see in the newspaper

BOARD CONFIDENTIALITY: Protecting the District’s Interests o Typical Examples: n n n o Employment Discharge Hearings Review of student appeals may also involve conduct that is high profile. Leaking Executive Session Discussion Possible Negative Consequences of Confidentiality Violations: n n n Civil Rights Claims Undermining the Board/Superintendent/Programs Causing Recusal from Your Participation in Issues/Hearings Harming the District’s legal or financial interests Public Embarrassment for you and the Board Unauthorized Statements and Personal Liability

Board Liability o o o Your actions, taken in the context of your duties as a board member, are insured If you are not “in the course and scope, ” then you risk giving up that coverage. However, you should feel confident that you can carry out your duties without worrying about losing your financial security

Board Members as Employees or Volunteers o Employment Barred: Section 22 -5 -5 n n o A. The members of a local school board shall serve without compensation. B. No member of a local school board shall be employed in any capacity by a school district governed by that local school board during the term of office for which the member was elected or appointed. Volunteering: New Rules Distinguish Between “Regular” and “Spontaneous” Volunteers n Regular Volunteers o o n o Spontaneous Volunteers: The same rules do not apply but such volunteers still are to be “supervised” by school staff. Potential Problems: n n n o Regulations require interviews, supervision, evaluation, and training Enforcement of Code of Ethics and Professional Standards (including dismissal) Supervisory problems Improper use of influence Public Perception of a Board Member using his/her influence Recommendation: No board members as regular volunteers or spontaneous volunteers. However, more flexibility about serving as spontaneous volunteers.

Quiz Question on Board Roles: Budget vs. Personnel o o The Board does not like a hire made by the superintendent and the pay outlined for the employee. What questions should you be asking yourself? n n What is the board’s power with regard to salaries? Are there salary schedules that impact this outcome? What options do you have to alter such a hire/salary? Where does the Board exercise its greatest influence over such issues?

Quiz Question on Board Roles: The Community Complaint -Board Member receives a complaint about an employee’s conduct from a community member. -What questions should you be asking yourself? - Proper process. -How do I respond to this person? -What is my role in any investigation? -Where do I take the concern? -What is the risk if I overstep my boundaries?

Quiz Question on Board Roles: Student Discipline o o A parent calls to complain about the conduct of another child at his child’s school. What questions should you be asking yourself? n n n Do I have the legal authority to be hearing or discussing identifiable student issues? Should I be involved at early stage of this complaint? What is the board’s role in such matters? To whom should the matter be referred? How might early involvement by me impact my eventual role in the matter?

Quiz Question on Board Roles: Authority Over the Superintendent o o A new board member wants the superintendent to adjust his handling of a school/policy issue. What questions does that board member need to ask? n n n Do I individually have the authority to request such a change? Where do statute and regulation place the authority for accomplishing this change? What might be the best way to raise this issue? What will my actions mean for relationships? Am I placing improper pressure on my superintendent?

Quiz Question: OMA Issues o o Board Member 1 wants to meet with Board Member 2 over coffee. What should you be asking? n n Any discussion of school business? Quorum? Rolling Quorum? Risk for accusation of impropriety?

Quiz Question: OMA and IPRA Issues on Email o o Use of email communications by Board members to each other, to administrators, to members of the public. What should you be asking? n n n Any discussion of school business? Is there authority to make this communication? Is there a rolling quorum? Is this a public record? Would I be comfortable with everyone reading this?

Quiz Question: Special Access o o A board member wants to appear responsive to community needs and wants to begin regular school site visits. What questions should that board member be asking? n n n As a board member, do I have any access rights that are different from the community? Is this disruptive? How should sight visit requests be handled? What is the likely impact on staff? How are board special access issues, in this or other situations, likely to be viewed by the public?

You will be Surprised by… o o o the great amount of time it takes be an effective board member the tremendous range and variety of issues you will deal with the burden of school board paperwork and reading the abrupt change from citizen to school board member the difference from your original perception of board service