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Board By-Laws
BLUEWATER DISTRICT SCHOOL BOARD PROCEDURAL BY-LAWS
RELATING GENERALLY TO THE OPERATION OF
THE BOARD AND ITS COMMITTEES |
POLICY BP 1501-D “Board Operation”
Bluewater District School Board is a board of education established under the Education Act, with power to perform all the duties conferred or imposed upon a public school board by that or any other Act of the Legislative Assembly of the Province of Ontario. It shall operate in accordance with the provisions of the Education Act, other applicable legislation, the pertinent regulations of the Ministry of Education (Ontario), and the procedural by-laws developed for the operation of the board and its committees.
Contents |
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Interpretation |
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Organization |
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Rules of Order and Procedure at Board Meetings |
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Rules of Order and Procedure at Committee Meetings |
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Board and Board Committees in Closed Session |
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Delegations |
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General |
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Effective Date |
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Section One: Interpretation |
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1.1 |
In these By-Laws the following shall be interpreted to mean: |
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a) |
“Board” means Bluewater District School Board |
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b) |
"Corporate Board" refers to the Trustees, Secretary and Treasurer |
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c) |
“Chair” means the Chair of the Board |
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d) |
“Vice-Chair” means the Vice-Chair of the Board |
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e) |
“Trustee” means a member of the Board of Trustees including the Chair and Vice-Chair |
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f) |
“Student Trustee” means a secondary school student elected or appointed by his/her peers to represent them on the Bluewater District School Board |
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g) |
“Director” means the Director of Education and Secretary of the Board |
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h) |
“Board in Open Session” means the corporation doing business in public |
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i) |
“Committee of the Whole in Open Session” means a Committee of the Whole Board doing business in public as a Committee |
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j) |
“Committee of the Whole in Closed Session” means a Committee of the Whole Board doing business as a Committee with the press and public excluded |
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k) |
“Consensus” means … Collective opinion arrived at by a group whose members have listened carefully to the opinions of others, communicated openly, and have been able to state their opposition to other members’ views and seek alternatives in a constructive (problem solving) manner. All members, because they have had the opportunity to influence it, should feel they understand the decision and support it. |
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1.2 |
Rules of Order |
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Bluewater District School Board uses Robert’s Rules of Order to govern Board procedures. Section 208 of the Education Act also establishes rules for the holding of a Board Meeting. |
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2.1 |
INAUGURAL AND INITIAL MEETINGS |
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2.1.1 |
Time and Date The Inaugural Meeting shall take place on the first Tuesday of December in each year following election and appointment, or at a place and time to be determined by the Board prior to November 30th in each year. |
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2.1.2 |
Inaugural Meeting At the appointed time and place of the Inaugural Meeting, the Director shall call the meeting to order, proceed to read the notice of appointed/elected trustees, receive the Oaths of Allegiance and proceed with the Agenda until a Chair has been appointed. |
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2.1.3 |
Initial Meeting At the appointed date, time and place of the Initial Meeting, for the second, third year and fourth year of the Board’s term of office, the Director shall call the meeting to order and proceed with the Agenda for the meeting until a Chair has been appointed. |
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2.1.4 |
Opening the Meeting Meetings will be opened with silent personal prayer or reflection. |
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2.1.5 |
Election of Chair The election of the Chair shall then take place and shall be by nomination. A nominated candidate must declare a willingness to stand for the position. After nominations have been closed, all nominees will speak in the order in which they were nominated. The election will then proceed by ballot. If no candidate has a clear majority of the votes of the full board, then any candidate(s) who may have received no votes AND that candidate who received the least number of votes, shall be dropped from the next ballot and a further vote taken. If two or more candidates are tied for the least numbers of votes, their names shall be dropped. If necessary, the process shall be repeated until one candidate does have a clear majority, or in the case of a tie, these candidates only will decide by a coin flip who is to draw the lot. The names of these candidates will be placed in a box and one will be drawn to declare the successful candidate. |
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2.1.6 |
Election of Vice-Chair The election of the Vice-Chair shall then take place and shall be by nomination. A nominated candidate must declare a willingness to stand for the position. After nominations have been closed, all nominees will speak in the order in which they are nominated. |
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2.1.7 |
Student Trustees Student trustees have a valuable and unique role to play in representing the perspective of a board’s students. Bluewater District School Board encourages student trustees to become involved in the decision-making process as extensively as legislation permits. |
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2.1.8 |
Appointment to Committees The Board will then appoint trustees to the Statutory Committees. All trustees will serve on three Committees of the Whole Board: Business, Educational Issues and Policy. |
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2.1.9 |
After the foregoing procedure, the Agenda for the Inaugural Meeting and the Initial Meeting for the Board’s second, third, and fourth year of office shall be as follows: |
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i) |
Appointments, should any be required, to Boards, Commissions, etc. |
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ii) |
Appointments to Committees |
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iii) |
Notices of Motion |
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iv) |
Banking Resolution |
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V) |
Borrowing Resolution – Temporary Capital Financing |
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vi) |
Borrowing Resolution – Current Expenditures |
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vii) |
Signing Officers |
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viii) |
Cheque Signing Plate |
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ix) |
Signing Officers – Legal Documents |
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x) |
Trust Account |
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xi) |
Safety Deposit Box |
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xii) |
Banking for Unsigned Transfer Instruments |
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xiii) |
Adjournment |
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2.2 |
COMMITTEES |
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2.2.1 |
Committees of the Whole Board |
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There shall be three Committees of the Whole Board: Business Committee; Educational Issues Committee, and Policy Committee. |
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members of the committees will elect the chair for that committee each year at their initial meeting. |
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2.2.2 |
Statutory Committees |
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There shall be three Statutory Committees: Special Education Advisory Committee, Supervised Alternative Learning for Excused Pupils Committee, and Occupational Health and Safety Committee. The Chair of each Statutory Committee shall be elected by the Committee. |
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2.2.3 |
Executive Committee |
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The Executive Committee shall consist of the Board Chair, the Vice-Chair and the Director of Education. Members of the Executive Committee and any other trustee who wishes to attend, will build the agenda for all meetings of the Board. The Committee will meet to review the agenda prior to Board meetings. The Committee will meet on the Monday prior to Tuesday Board meetings, and as determined by the Committee. The Executive Committee shall also review, assess and consider changes with respect to board structure, procedures, policies and all legal issues and activities, and
communications flow, and direct the issues to the appropriate Committee. |
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2.2.4 |
Special Issue Committees |
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The Board may, at any time establish a Special Issue Committee to make recommendations to the Board. The Board shall set the terms of reference for the Special Issue Committee and shall appoint members to the Committee in accordance with the Education Act. Examples of Special Issue Committees are the Bi-Board Committee, the Principal/Vice-Principal Staffing Committee and the Labour Relations Committee. |
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2.2.5 |
Other Committees |
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The Board may, at any time establish other committees and appoint trustee representatives to those committees. An examples of this type of committee is the Development Council. All Committee members so named by the Board have the right to vote on Committee recommendations. Note: Existing committees will remain operational until they have been completed or the term of the trustee appointment has terminated. |
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2.3 |
MEETINGS |
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2.3.1 |
Time and Date of Regular Meetings |
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The Regular Meetings of the Board shall be held as outlined in Article 2.3.1 (ii) at Bluewater District School Board Education Centre in Chesley at 1:30 p.m., unless otherwise directed by resolution of the Board. |
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The Regular Meetings of the Board shall be held the third Tuesdays of the month unless otherwise directed by resolution of the Board. |
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Regular meetings of Committees of the Whole Board may be held the first or third Tuesday of every month. |
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Where a special emergency such as, without limiting the generality of the forgoing, inclement weather or hydro failure renders the holding of a Regular Meeting impracticable, a Regular Meeting may be cancelled by the joint decision of any two of the Director, the Chair or the Vice-Chair, provided that all efforts shall be made to notify the trustees promptly of the cancellation and the reason for such cancellation. |
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2.3.2 |
Special Meetings |
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Special meetings of the Board shall be held at the call of the Chair of the Board at any time on the request to the Director from four trustees, and for Committee meetings, of a majority of the trustee members of the Committee. |
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2.3.3 |
Electronic Meetings |
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In accordance with the Education Act and Regulation 463/97 and Board Policy and Administrative Procedure, Electronic Meetings of the Board or a Committee of the Board may be called in special circumstances. |
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Special Circumstances |
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Occasions which may lead to a provision of electronic access to a meeting include: |
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adverse weather conditions; |
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special meetings with an abbreviated agenda; or |
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other circumstances as deemed appropriate by the Chair of the Board and Director or Designate |
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Costs |
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When an electronic meeting is requested, the Chair and Director of Education will consider the associated costs involved to provide electronic access. |
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Number |
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The number of electronic meetings held will be kept to a minimum. |
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Student Trustee Access to Electronic Meetings |
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The involvement of student trustees access to electronic means will be limited to the three (3) student trustees designated to join the Board for discussion. |
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Confidentiality |
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Subject to these By-Laws the Board may convene meetings in Closed Session, where participation at these sessions is by electronic means. It is the responsibility of the participants to ensure that communication is kept private and confidential. |
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2.3.4 |
Notices |
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Written notices of all meetings of the board shall be forwarded by the Director with the Agenda to the address of each member at least 72 hours prior to such meeting. |
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In cases of special emergencies, the foregoing procedure may be dispensed with at the discretion of the Director after consultation with the Chair of the Board or the Committee Chair, as the case may be, and ratified at such meeting. Business not on the Agenda shall not be considered unless authorized by resolution carried by a two-thirds majority of the trustee members present. |
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2.3.5 |
Temporary Chair |
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If at any meeting of the Board, neither the Chair nor the Vice-Chair is present, the trustees present may appoint another trustee to serve as Chair for the meeting until the Chair or Vice-Chair arrives. The same procedure may be followed for Committee meetings if the Chair of the Committee is not present. |
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2.3.6 |
Quorum |
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A quorum of the Board shall be the majority of all members of the Board. |
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A majority of a Committee shall constitute a quorum, provided that at least one of the trustee committee members is present. |
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2.3.7 |
Lack of Quorum |
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Where the number of members who, by reason of disclosure of a pecuniary interest, are unable to participate in a meeting is such that at that meeting the remaining members are not of sufficient number to constitute a quorum, then the remaining number of members shall be deemed to constitute a quorum, provided such number is not less than two. |
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Unless there is a quorum present within thirty minutes after the time appointed for any meeting of the Board or a Committee, or when adjournment is necessary for lack of a quorum, the Director or designate shall then record the names of the members present, and if adjourned, the time of adjournment and the names of the members then present, and the meeting shall stand adjourned. |
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2.3.8 |
Closing Hour |
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Unless otherwise determined by a majority vote of the members present, no Board meeting or Committee meeting shall remain in session past 5:30 p.m. |
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2.3.9 |
Recess |
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A recess of not more than fifteen minutes may be declared by the Chair of any meeting at any time during the meeting. |
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2.3.10 |
Order of Business |
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The order of business at regular meetings of the Board including special meetings of the Board shall be as follows: |
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A. |
1) Call to Order |
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2) Reflection/Prayer |
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3) Excellence in Education |
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4) Approval of Agenda |
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5) Approval of Minutes – Business Arising |
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6) Disclosure of Pecuniary Interest |
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7) Delegations |
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B. |
Recommendations for Action |
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1) Reports from Committee of the Whole in Closed Session |
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2) Committee Reports |
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3) Educational Issues |
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4) Staff Reports |
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5) Notice of Motion |
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C. |
Communications |
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1) Correspondence |
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2) Communications – Staff/Trustees/Student Trustees |
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3) Establishment of Committees |
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4) Conferences/Conventions/Out-of-County Meetings |
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D. |
Adjournment |
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2.3.11 |
Varying Order of Business |
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The Board may at any time suspend or vary the above order of business by a two-thirds vote of the trustees present. All motions relating to the order of business shall be decided without debate. |
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2.3.12 |
Meetings in Open Session |
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Subject to the provisions of paragraph 2.3.0, meetings of the Board, including a meeting of the Committee of the Whole Board, shall be open to the public and no person shall be excluded from a meeting that is open to the public except for improper conduct. |
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2.3.13 |
Meetings in Closed Session |
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Meetings of the Committee of the Whole Board in Closed Session shall be chaired by the Vice-Chair. A meeting of the Committee of the Whole Board may be closed to the public when the subject matter under consideration involves: |
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the security of the property of the Board; |
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the disclosure of intimate, personal or financial information in respect of a member of the Board or Committee, an employee or prospective employee of the Board or a student or the student’s parent or guardian; |
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the acquisition or disposal of a school site; |
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decisions in respect of negotiations with employees of the Board; |
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litigation affecting the Board. [Reference: The Education Act, Section 207 (2)] |
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2.3.14 |
Persons to be Present |
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At meetings of the Board, or a committee of the Board, in closed session, no persons other than the members of the Board and the Director of Education shall be present, physically or by electronic means. The elected student trustees may be present at meetings of the Board, or a committee of the Board, in closed session for all matters except for any issues that pertain to the subject matter outlined in sub-section ii) of section 2.3.13 above. The Superintendents, Administrator of Employee Relations, Manager of Plant, Assistant to the Director, and such other persons as the Board may from time to time designate, would also normally be in attendance. |
Section Three: Rule of Order and Procedure at Board Meetings Return to Top |
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3.1 |
DEATH OR RESIGNATION OF THE CHAIR OR VICE-CHAIR |
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The chair shall preside at all Board Meetings or in the absence of the Chair, the Vice-Chair until the Chair returns. In the event of death or resignation of the Chair, the Board at its next Regular Meeting shall elect a Chair in the manner prescribed for the inaugural Meeting. In the event or death or resignation of the Vice-Chair, the Board at its next Regular Meeting shall elect a Vice-Chair in the manner prescribed for the Inaugural Meeting. |
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3.2 |
PRESERVATION OF ORDER |
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The Chair shall preserve order and conduct the meetings in conformity with the Rules of Order of the Board. |
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3.3 |
DECISIONS OF THE CHAIR |
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The Chair shall decide all questions of order and such decision, shall be final, subject to an appeal to the Board. |
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Should the Chair refuse any motion, the trustee making such motion shall have the right to appeal to the Board as to whether or not the motion shall be introduced for consideration. |
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An appeal to the Board pursuant to the above sub-sections (a) and (b) shall be by motion according to Robert’s Rules of Order. The appeal must have a second. The decision of the Chair is sustained by a majority vote or a tie vote. |
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3.4 |
STATE RULE |
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The Chair shall, when called upon to decide a point, state the rule applicable to the case. |
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3.5 |
PARTICIPATION OF THE CHAIR |
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The Chair shall not take part in any debate or discussion unless he/she first leaves the Chair, and appoints the Vice-Chair or in his/her absence, one of the trustees present, to take his/her place until the question is decided. |
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3.6 |
VOTING OF THE CHAIR |
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The Chair may vote on any motion before the Board by declaring his/her intention at the time of the reading of the motion, but if by so doing there is an equality of votes, the motion shall be defeated. Should there be an equality of votes on any motion without the vote of the Chair, then he/she shall cast the deciding vote. |
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3.7 |
VICE-CHAIR |
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In the absence of the Chair, the Vice-Chair shall act as Chair of Board meetings and shall perform all the duties and enjoy all the rights and privileges of the Chair. |
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3.8 |
CHAIR EX-OFFICIO |
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The Chair shall be ex-officio a member of all Board Committees and shall count in forming a quorum. |
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3.9 |
CHAIR PUTTING MOTION |
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When the Chair is putting the motion for a vote, no member shall leave his/her chair for any reason. |
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3.10 |
TRUSTEES SPEAKING AT THE SAME TIME |
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When two or more trustees desire to speak at the same time, the Chair shall name the member who is to speak first. |
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3.11 |
INTERRUPTION OF TRUSTEE SPEAKING |
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While speaking, trustees shall not be interrupted except to be called to order by a trustee for infraction of the Rules of Order of the Board, in which case he/she shall wait until the point of order has been decided by the Chair. |
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3.12 |
ADDRESSING THE CHAIR |
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Any trustee desiring to speak shall address the Chair. The Chair shall call the trustee by name and such trustee may then, but not before, proceed to speak, confining remarks to the motion |
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3.13 |
SPEAKING TO THE MOTION |
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A trustee may speak twice to any motion but cannot speak the second time on the same question as long as any trustee who has not spoken desires the floor. A trustee who has spoken twice on the question at the same meeting has exhausted her/his right to speak on the question. The mover of the motion reserves the right to speak last. |
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3.14 |
RECORDED VOTE |
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Any trustee may demand a recorded vote upon any motion being put to a vote. The vote shall be conducted by ballot. Following collection of the ballots, the Secretary shall read the individual trustee votes and record those voting for, those voting against, and those abstaining. |
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3.15 |
READING MOTION DURING DEBATE |
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Any trustee may, by right, require the motion in discussion to be read for his/her information at any time during the debate, but not so as to interrupt a trustee speaking. |
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3.16 |
PRESENTATIONS OF MOTIONS |
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3.16.1 |
Motions in Writing |
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All motions shall be put in writing and any motion once moved and seconded is in the possession of the Board, but with permission of the Board it may be withdrawn at any time before a decision or amendment has been made. |
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3.16.2 |
Notice of Motion |
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A member may have an item considered at a meeting of the Board by giving notice of motion at the prior meeting of the Board. |
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Trustees will provide written notice of motion in public session so that the item will be considered at the next Board meeting under Recommendations for Action – Section 2.3.10 B (5). |
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If, when a notice of motion is to be voted upon, the mover is absent, or not disposed to proceed therewith, the motion shall be placed last on Section 2.3.10 B – Recommendations for Action – of the Agenda, and if not voted upon, placed on the Agenda for the next meeting. |
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3.17 |
VOTING PROPOSITIONS SEPARATELY |
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When the motion under consideration contains distinct propositions, upon the request of any trustee, the vote upon any proposition shall be taken separately. |
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3.18 |
CLAUSE BY CLAUSE CONSIDERATION |
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Every report presented to the Board may be adopted as a whole, or considered clause by clause, whichever is deemed advisable by a majority vote of the trustees present. |
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3.19 |
COMMITTEE TO CONSIDER MATTER FIRST |
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No motion or petition within the jurisdiction of a Board Committee shall be considered by the Board until considered and reported on by such Committee. This provision may be suspended by a vote of two thirds of Committee. This provision may be suspended by a vote of two thirds of all trustee. |
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3.20 |
RECONSIDERATION OF QUESTION |
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A question once decided by the Board at a regular meeting will not be reconsidered during the twelve months following the decision unless: |
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two thirds of the trustees qualified to vote on the matter agree to a reconsideration; |
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the matter is routinely before the Board through policy, regulation or practice. |
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3.21 |
MOTIONS SECONDED |
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Every motion of the Board shall be seconded. |
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3.22 |
ABSTAINING |
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All trustees present when a motion is put shall vote on the motion unless they choose to abstain, in which case they should state their intention before the motion is put. |
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3.23 |
PERSON ADDRESSING THE CHAIR |
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No person other than a trustee of the Board shall be allowed to address the Chair, without permission of the Chair. A member in speaking to any question or motion, shall address the Chair, confining himself or herself to the question in debate and avoiding all unparliamentary language and reference to personalities. |
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3.24 |
PROCEDURE WHEN QUESTION UNDER DEBATE |
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When a motion is under debate, no further motion shall be received, except: |
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a) |
To adjourn |
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To put the previous motion (introduce a motion to close debate and vote immediately, i.e. “to call the previous question”) |
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To lay on the table (introduce a motion to place a main motion and all pending amendments aside temporarily, with the intention of bringing them back at a later time for action). |
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d) |
To refer to a Committee |
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To amend |
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To postpone (to postpone indefinitely – a motion that prevents the main motion from being brought up again in its original form – to postpone to a definite time – defer consideration of a main motion and all attached motions until a future date) |
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g) |
To go into Committee of the Whole in closed Session |
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To suspend the 5:30 p.m. rule |
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3.25 |
MOTION TO ADJOURN OR TABLE |
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A motion to adjourn, or to lay on the table without condition shall be put without debate. It requires a second and majority vote. |
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3.26 |
MOTION TO TABLE WITH CONDITION |
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A motion to lay on the table with a condition is subject to debate and amendment. When a motion has been laid on the table it shall not be taken up at the same meeting except by a vote of the majority of trustees present. |
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3.27 |
MOTION TO ADJOURN |
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A motion to adjourn shall always be in order, but no second motion to the same effect shall be made until some other business shall have intervened. Such motion, however, shall not be made while a trustee is speaking or a vote is being taken, and may not be amended. However, a motion to adjourn until a certain time may be amended and debated. |
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3.28 |
MOTION TO REFER |
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A motion to refer, until it is decided, shall preclude all amendments to the main motion. |
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3.29 |
PRECEDENCE |
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A motion to refer to a Statutory Committee or to a Committee of the Whole Board shall take precedence over a motion to refer to a Special Issue Committee. |
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3.30 |
CALLING THE PREVIOUS QUESTION |
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A motion for the previous motion shall preclude all further amendments or debate and leads to an immediate vote. It must be seconded, is not debatable, and requires a 2/3 vote for adoption. The motion shall be submitted by the Chair in this form: “Shall I call the previous question?”. |
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3.31 |
AMENDMENT |
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An amendment must be related to or pertain to the original motion. If the amendment does not relate to the intent of the original motion or it introduces a difference in subject from that contained in the original motion, then it is not a legitimate amendment. When an amendment is not deemed to relate or be pertinent to the original motion, it shall be ruled out of order. Legitimate amendments may
be: |
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“friendly amendments” – i.e. so simple or acceptable that they may be adopted by general consent |
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b) |
amendments that are made by motion to add, strike out or substitute a word or phrase in the main motion and that must be seconded and require a majority vote |
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c) |
amendments that are made by motion to add, strike out or substitute a word or phrase in an amendment and that must be seconded and require a majority vote |
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3.32 |
AMENDMENT TO AMENDMENT |
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Only one amendment shall be allowed to an amendment. An amendment to an amendment shall be directly relevant to the main motion and amendment, and shall propose some change in the form or substance of the amendment. |
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3.33 |
VOTING ON THE AMENDMENT |
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All amendments shall be put to a vote before the main motion and in the reverse order of that in which they were moved. |
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3.34 |
SEPARATE VOTING |
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A separate vote shall be taken upon an amendment to an amendment, upon an amendment, and upon the main motion. |
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3.35 |
MOTION TO POSTPONE |
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A motion to postpone indefinitely requires a second, is debatable and requires a majority vote. A motion to postpone to a definite time requires a second, is debatable, and requires a majority vote. |
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3.36 |
AFTER MOTION PUT |
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After the Chair has put the motion to a vote, there shall be no further debate. |
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3.37 |
MOTION CONTRARY TO BY-LAWS AND PRIVILEGES |
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Whenever the Chair is of the opinion that a motion presented is contrary to the By-Laws and privileges of the Board, the Chair shall so apprise the trustees and quote the authority applicable to the case. |
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3.38 |
DISCLOSURE OF PECUNIARY INTEREST |
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Trustees who judge themselves to have a pecuniary interest with respect to a matter being considered at any meeting shall disclose such interest and the general nature of that interest prior to any consideration of the matter. Any trustee with a pecuniary interest shall not take part in the discussion or vote on any question in respect of the matter and shall not attempt to influence the voting on such question. In the
case of a trustee having a pecuniary interest during a closed session, the trustee shall disclose the pecuniary interest and withdraw from the meeting. In the event that a trustee has not disclosed a possible pecuniary interest by reason of being absent from a meeting, that trustee shall disclose such interest at the first public meeting of the Board attended by him or her. In the event that a pecuniary interest is declared during a closed session, that declaration shall be recorded in the minutes of the next meeting that is open to the public. |
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4.1 |
RULES OF ORDER - BOARD COMMITTEES |
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Whenever possible, decisions will be reached by consensus at committee meetings. The Rules of Order of the Board shall be observed in Committee with these exceptions: |
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a) |
The rules respecting the recorded vote do not apply (See Section 3.14 Recorded Vote). |
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b) |
No motion to put the previous motion to an immediate vote shall be received, unless the motion is to refer the matter to another Committee. |
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c) |
No motion shall require to be seconded except in Committee of the Whole in Closed Session. |
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d) |
Committee members shall not be restricted in the number of times of speaking on any question. |
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e) |
No motion may be considered by the Committee unless a quorum of trustees is present, or at least one trustee is present for a Committee composed of both trustees and other persons. |
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4.2 |
RISE AND REPORT |
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A Committee member, at any time, may move that the Committee rise to report progress or to obtain the ruling of the Chair, with leave to sit again. A motion to rise and report shall be decided without debate. |
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4.3 |
APPEALS |
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Questions or order arising in Committee shall be decided by the Chair of the Committee subject to an appeal by any Committee member to the Board Chair and any appeal from the ruling of the Board Chair shall be in accordance with Section 3.3 (c). |
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4.4 |
FORM OF REPORTS |
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Reports of all Committee shall be printed in the appropriate format before being presented to the Board and shall contain the names of the members of such Committee and other participants present at the meetings. |
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4.5 |
MINORITY REPORTS |
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A minority of any Committee may have a minority report presented by the Chair of the Committee in the same manner as the majority report is presented. If there is a minority report, the following procedure shall be followed: |
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a) |
The majority Committee report shall be moved and seconded. |
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b) |
If the minority Committee report is then moved and seconded, the Chair shall permit debate on the two reports in this order: i) the majority report ii) the minority report |
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c) |
After debate, the Chair shall call a vote on the minority report and if carried, it shall be adopted. |
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If the minority report is defeated, the Chair shall then call for a vote on the majority report, and if carried, it shall be adopted. |
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4.6 |
PARTICIPATION BY OTHER MEMBERS |
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a) |
Trustees attending meetings of Committees of which they are not members may take part in the discussion of such Committee but shall not vote and shall not be counted when determining whether or not a quorum of the Committee is present, unless designated as a replacement by a trustee, or appointed by the Chair, as described in 4.6 b). |
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The Chair of any constituted Committee of the Board shall have the right to appoint a non-member trustee who is in attendance as a voting member at any said Committee meeting, only when a member trustee is absent and has not named a replacement. |
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4.7 |
VACANCIES |
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Vacancies on committees shall be filled by the Chair of the Board forthwith after such vacancies occur, subject to approval of the Board by resolution at the next Board meeting. |
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4.8 |
CONDUCT OF BUSINESS |
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The business of the Statutory Committees, Committees of the Whole Board, and Special Issue Committees shall be conducted under the following regulations: |
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4.8.1 |
General |
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In the absence of the Committee Chair, one of the other Committee members shall be elected to preside until the arrival of the committee Chair. |
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The minutes of all transactions of every Committee shall be accurately entered in a book for that purpose, and at each meeting of the Committee, the Minutes of the preceding meeting shall be submitted for confirmation or amendment. |
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4.8.2 |
Special Issue |
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a) |
a Statutory Committee or Committee of the Whole Board may at any time appoint from among its members a Sub-committee and set its Terms of Reference, subject to approval of the Board by resolution at the next Regular Meeting of the Board. |
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b) |
A member on whose motion a Sub-committee is appointed shall be a member of such Sub-committee unless that trustee defers to another trustee. |
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c) |
All Sub-committee reports shall be submitted to the appropriate Committee in writing and signed by the Chair of the Sub-committee. |
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4.9 |
CONVENING AND DISSOLVING |
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Committee meetings shall be convened as soon as possible after the date of appointment. Upon completion of the committee’s final report and recommendations it shall be dissolved. |
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4.10 |
OPEN AND CLOSED MEETINGS |
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4.10.1 |
Open |
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Subject to the provisions of paragraph 4.10.2, meetings of Committees of the Board shall be open to the public and no person shall be excluded from a meeting that is open to the public except for improper conduct. |
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4.10.2 |
Closed |
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A committee meeting of the Board may be closed to the public, by resolution of the Committee, when the subject matter under consideration involves: |
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i) |
the security of the property of the Board; |
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ii) |
the disclosure of the intimate, personal or financial information in respect of a member of the Board or Committee, an employee or prospective employee of the Board or a student or the student’s parent or guardian; |
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iii) |
the acquisition or disposal of a school site; |
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iv) |
decisions in respect of negotiations with employees of the Board, or |
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v) |
litigation affecting the Board. [Reference; The Education Act Section 207 (2)] |
Section Five: Board and Board Committees in Closed Session Return to Top |
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5.1 |
BOARD MEETINGS |
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5.1.1 |
Meeting by Board Resolution |
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The Board, or any committee of the Board, may move into closed session by resolution of the Board, or any Committee of the Board, made in accordance with the provisions of these By-Laws. |
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5.1.2 |
Matters to be Dealt With |
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Where the Board moves into closed session with the meeting closed to the public, only matters designated in paragraphs 2.3.13 and 4.10.2 will be considered. |
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5.1.3 |
Confidentiality |
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All Committee or staff reports prepared in support of an item on the Agenda for closed session which is not open to the public shall be received in confidence and the materials and discussion shall be treated as confidential. |
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5.1.4 |
Rise and Report |
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When the Committee of the Whole Board has completed its work or wishes to recess, it shall pass a motion to “rise and report”. |
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5.1.5 |
Deemed Resolution of the Board |
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A resolution in closed session, with the meeting closed to the public, if it so states, shall be deemed to be a resolution of the board. Such resolution may be reported to the next regular Meeting of the Board, as appropriate. |
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5.1.6 |
Matters to be Disclosed |
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The motion “to rise and report” shall specify the items or reports which are to be brought from a closed session of the Board to the open meeting of the Board. |
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5.2 |
A COMMITTEE OF THE BOARD IN CLOSED SESSION |
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A Committee of the Board in closed session shall follow the procedures outlined in 5.1 above. |
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(As per Motion carried at Board and in effect until June 2010.) |
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6.1 |
NOTIFICATION OF INTENT TO SPEAK |
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Bluewater District School Board recognizes the need to foster effective communication between the educational system and the community. At each public meeting of the Board, members of the community will be provided with an avenue to speak to issues either specific to them, or concerning the system as a whole. Individuals or groups that wish to appear before the Board are requested to contact the Director before noon of the Tuesday, one week prior to the meeting of the Board. Such requests will be known as delegations with prior notice. |
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6.2 |
TIME ALLOTMENT (balance of 2009-10 year) |
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6.2.1 |
Near the beginning of each Board meeting, a maximum of thirty (30) minutes will be provided for delegations. |
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i) |
a maximum of two (2) delegations with prior notice will be allowed per meeting; and |
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ii) |
each delegation with prior notice is allotted a maximum of ten (10) minutes for a total of twenty (20) minutes |
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iii) |
a maximum of two (2) delegations without prior notice will be allowed per meeting; and |
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iv) |
each delegation without prior notice is allotted a maximum of five (5) minutes for a total of ten (10) minutes; and |
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v) |
delegations without prior notice, speaking to agenda items will be given precedence |
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6.3 |
DELEGATION REGISTRATION |
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6.3.1 |
To be a delegation with prior notice to the Board the delegation must provide the following information by noon of the Tuesday preceding the meeting at which the delegation wishes to appear: |
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i) |
full name, and the names of all speakers, |
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ii) |
contact information (including telephone number and home address) |
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iii) |
a brief summary of the issue to be presented, and |
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iv) |
any recommendation(s) pertaining to the issue |
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6.3.2 |
If a person or group has presented as a delegation to the Board in the preceding six (6) months and have requested to present again on a different topic or issue during this time frame, they may do so; however, precedence will be given to others who have requested to be a delegation and have not appeared within the previous six (6) months. |
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6.4 |
AT TIME OF NOTIFICATION |
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6.4.1 |
At the time of notification, delegations with prior notice will be: |
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i) |
informed that there may be no response to the presentation at the meeting |
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ii) |
asked to provide any specific questions they may have |
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iii) |
asked to provide a copy or summary of their presentation |
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iv) |
requested to conduct themselves with courtesy and respect for others |
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6.4.2 |
Delegations without prior notice when identifying themselves at a meeting will be asked to state the topic about which they will be speaking. |
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6.4.3 |
Delegations will be informed that the purpose of a delegation is to allow the presentation to be heard. The Chair, with the concurrence of the Board, may direct that any recommendations arising from the delegation be: |
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i) |
referred to staff for study and a future report; |
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ii) |
referred to the appropriate committee; |
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iii) |
referred to a future board meeting; or |
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iv) |
handled by letter following the Board meeting. |
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A response will be provided within thirty (30) days to delegations who provide a summary of their presentation. |
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6.5 |
IN-CAMERA ISSUES |
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Delegations regarding issues which must be heard in camera as prescribed by the Education Act will be heard in Committee of the Whole in Closed Session. Meetings of the Board and its Committees shall be open to the public except when the subject matter under consideration involves: |
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i) |
the security of the property of the Board; |
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ii) |
the disclosure of intimate, personal or financial information in respect of a member of the Board or Committee, an employee or prospective employee of the Board or a pupil or his or her parent or guardian; |
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iii) |
the acquisition or disposal of Board assets or property; |
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iv) |
decisions in respect of negotiations with employees of the Board; or |
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v) |
litigation affecting the Board. |
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6.6 |
DECISIONS IN RESPECT OF ISSUES RAISED |
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Once the board has made a decision, on a matter raised by a delegation or delegations, the board will not entertain a further delegation on substantially the same issue within the ensuing six (6) month period, unless: |
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i) |
the Executive Committee is of the opinion that there is sufficient new information to warrant a review; or |
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ii) |
the Board has agreed to re-open the matter. |
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7.1 |
OFFICERS OF THE BOARD |
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The Officers of the Board shall consist of the Chair, Director of Education and Secretary, Superintendent of Business and Treasurer, and other appointed supervisory officers as necessary and appropriate. |
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7.2 |
TRUSTEES’ AUTHORITY |
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No trustee has any authority to act on behalf of the Board except at properly convened and constituted Board meetings or when authority has been delegated specifically to the trustee by Board resolution, or otherwise. |
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7.3 |
DUTIES OF OFFICERS |
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The duties of the officers of the Board shall be set forth in the Education Act and the job descriptions as amended from time to time. |
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7.4 |
AMENDMENTS |
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No amendments, alterations or additions to the By-Laws shall be made unless due notice by a member of the corporate Board in writing, setting forth the proposed amendments, alteration or addition shall have been given at a meeting previous to that at which the same comes up for consideration and a majority of trustees vote for the amendment. |
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7.5 |
CODE OF CONDUCT |
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As elected officials, the trustees of Bluewater District School Board are required to set policy direction. Trustees are expected to act at all times in the best interest of the students, the staff and the board. The Board commits itself and its Members to ethical and lawful conduct, including proper use of authority and appropriate decorum when acting as Members. Accordingly, |
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• |
Members shall maintain the confidentiality of privileged information discussed in closed sessions. |
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Members are bound by the Municipal Conflict of Interest Act and by Policy BP 1401-D “Conflict of Interest”. |
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Board Members are not immune from liability for illegal or negligent actions. |
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Members shall be familiar with relevant legislation, by-laws, and board policies of Bluewater District School Board, so that any decision of the Board may be made in an efficient, knowledgeable and expeditious fashion. |
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Board Members shall work together to make decisions on behalf of the Board, taking into consideration the Board’s Foundations For Learning and reflecting the school community and the broader community in their decision making process. |
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Board Members shall respect the differing points of view of colleagues, staff, students and the public. |
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Board Members shall attend meetings on a regular and punctual basis. (Education Act, section 229 (1)) |
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8.1 |
Effective Date |
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All the provisions of the Procedural By-Laws heretofore passed are repealed from and after the passing of these By-Laws by the Board. Such repeal shall not affect the previous operation of any such By-Laws so repealed or affect the validity of any contract or agreement made pursuant to any such By-Laws prior to their repeal. All Officers and persons acting under any By-Laws so repealed shall continue to act as if appointed under the provisions of these By-Laws and all resolutions with continuing effect of the Board or Committees of the Board passed under any such repealed By-Laws shall continue to be good and valid except to the extent they are inconsistent with these By-Laws and until amended or repealed. |
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Enacted this 16th day of June 1998; amended September 8, 1998 and October 19, 2004; amended November 20, 2007; amended November 17, 2009. |
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Chair of the Board |
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Director of Education |
INDEX |
CONTENTS |
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SECTION ONE |
INTERPRETATION |
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SECTION TWO |
ORGANIZATION |
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2.1 |
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ORGANIZATION |
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2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 2.1.7 2.1.8 2.1.9 |
Time and Date Inaugural Meeting Initial Meeting Opening the Meeting Election of Chair Election of vice-Chair Student Trustees Appointment to Committees Agenda for Inaugural and Initial Meeting |
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2.2 |
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COMMITTEES |
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2.2.1 2.2.2 2.2.3 2.2.4 2.2.5 |
Committees of the Whole Board Statutory Committees Executive Committee Special Issue Committees Other Committees |
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2.3 |
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MEETINGS |
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2.3.1 2.3.2 2.3.3 2.3.4 2.3.5 2.3.6 2.3.7 2.3.8 2.3.9 2.3.10 2.3.11 2.3.12 2.3.13 2.3.14 |
Time and Date of Regular Meetings Special Meetings Electronic Meetings Notices Temporary Chair Quorum Lack of Quorum Closing Hour Recess Order of Business Varying Order of Business Meetings in Open Session Meetings in Closed Session Persons to be Present |
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SECTION THREE |
RULES OF ORDER AND PROCEDURES AT BOARD MEETINGS |
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3.1 |
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DEATH OR RESIGNATION OF THE CHAIR OR VICE-CHAIR |
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3.2 |
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PRESERVATION OF ORDER |
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3.3 |
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DECISIONS OF THE CHAIR |
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3.4 |
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STATE RULE |
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3.5 |
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PARTICIPATION OF THE CHAIR |
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3.6 |
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VOTING OF THE CHAIR |
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3.7 |
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VICE-CHAIR |
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3.8 |
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CHAIR EX-OFFICIO |
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3.9 |
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CHAIR PUTTING MOTION |
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3.10 |
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TRUSTEES SPEAKING AT THE SAME TIME |
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3.11 |
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INTERRUPTION OF TRUSTEE SPEAKING |
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3.12 |
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ADDRESSING THE CHAIR |
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3.13 |
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SPEAKING TO THE MOTION |
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3.14 |
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RECORDED VOTE |
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3.15 |
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READING MOTION DURING DEBATE |
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3.16 |
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PRESENTATION OF MOTIONS |
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3.16.1 3.16.2 |
Motions in Writing Notice of Motion |
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3.17 |
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VACATING CHAIR |
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3.18 |
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VOTING PROPOSITIONS SEPARATELY |
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3.19 |
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CLAUSE BY CLAUSE CONSIDERATION |
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3.20 |
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COMMITTEE TO CONSIDER MATTER FIRST |
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3.21 |
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RECONSIDERATION OF QUESTION |
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3.22 |
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MOTIONS SECONDED |
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3.23 |
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ABSTAINING |
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3.24 |
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PERSON ADDRESSING THE CHAIR |
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3.25 |
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PROCEDURE WHEN QUESTION UNDER DEBATE |
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3.26 |
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MOTION TO ADJOURN OR TABLE |
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3.27 |
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MOTION TO TABLE WITH CONDITION |
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3.28 |
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MOTION TO ADJOURN |
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3.29 |
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MOTION TO REFER |
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3.30 |
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PRECEDENCE |
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3.31 |
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CALLING THE PREVIOUS QUESTION |
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3.32 |
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AMENDMENT |
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3.33 |
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AMENDMENT TO AMENDMENT |
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3.34 |
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VOTING ON THE AMENDMENT |
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3.35 |
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SEPARATE VOTING |
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3.36 |
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SEPARATE VOTING |
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3.37 |
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AFTER MOTION PUT |
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3.38 |
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MOTION CONTRARY TO BY-LAWS & PRIVILEGES |
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3.39 |
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DISCLOSURE OF PECUNIARY INTEREST |
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SECTION FOUR RULES OF ORDER |
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4.1 |
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RULES OF ORDER |
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4.2 |
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RISE AND REPORT |
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4.3 |
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APPEALS |
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4.4 |
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FORM OF REPORTS |
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4.5 |
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MINORITY REPORTS |
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4.6 |
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PARTICIPATION BY OTHER MEMBERS |
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4.7 |
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VACANCIES |
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4.8 |
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CONDUCT OF BUSINESS |
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4.8.1 4.8.2 |
General Special Issue |
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4.9 |
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CONVENING AND DISSOLVING |
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4.10 |
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OPEN AND CLOSED MEETINGS |
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4.10.1 4.10.2 |
Open Closed |
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SECTION FIVE BOARD AND BOARD COMMITTEES IN CLOSED SESSION |
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5.1 |
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BOARD MEETINGS |
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5.11 5.12 5.13 5.14 5.15 5.16 5.17 |
Meeting by Board Resolution Chair Matters to be Dealt With Confidentiality Rise and Report Deemed Resolution of the Board Matters to be Disclosed |
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5.2 |
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A COMMITTEE OF THE BOARD IN CLOSED SESSION |
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SECTION SIX DELEGATIONS |
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6.1 |
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INTENT TO SPEAK |
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6.2 |
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PRIOR NOTICE GIVEN |
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6.3 |
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AT TIME OF NOTIFICATION |
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6.4 |
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AFTER AGENDA FINALIZED |
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6.5 |
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PRIOR NOTICE NOT GIVEN |
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6.6 |
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CONTACT PERSON |
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SECTION SEVEN GENERAL |
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7.1 |
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OFFICERS OF THE BOARD |
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7.2 |
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TRUSTEES AUTHORITY |
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7.3 |
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DUTIES OF OFFICERS |
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7.4 |
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AMENDMENTS |
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7.5 |
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CODE OF CONDUCT |
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SECTION EIGHT EFFECTIVE DATE |
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8.1 |
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EFFECTIVE DATE |
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