902.01

BY-LAWS OF THE BOARD

President

The President of the Board of Directors shall preside at all of its meetings, sign all warrants and drafts, respectively, drawn upon the County Treasurer for money apportioned and taxes collected and belonging to the school corporation, and all orders on the Treasurer drawn as provided by law; sign all contracts made by the Board; and appear in behalf of the corporation in all actions brought by or against it, unless individually a party, in which case this duty shall be performed by the Board Secretary.

The President, in addition to the duties prescribed by law, shall exercise such powers as may be delegated by the Board, and communicate to Board members official information and documents related to Board members' activities.

The President of the Board shall be governed by Robert's Rules of Order, Revised, except as otherwise provided.

• Legal Reference: Code of Iowa Chapter 291.1

• By action of the Board 12/13/76, 10/18/82, Revised 7/11/83; Revised 9/16/96

• Edited 7/97

902.02

BY-LAWS OF THE BOARD

Vice President

During the absence of the President of the Board, or at the President's request, the Vice President shall act as temporary President and perform the duties and exercise the powers of the President, excluding any responsibilities designated exclusively to the President by law.

If the President resigns or is ineligible to serve the remainder of the term, the Vice President shall serve until an official meeting of the Board is called to elect a president.

• By action of the Board 10/18/82, 7/11/83; Reviewed 9/16/96

• Edited 7/97

902.03

BY-LAWS OF THE BOARD

School Board Secretary-Treasurer

It shall be the responsibility of the Board to appoint a Board Secretary-Treasurer. The appointment may be from employees, other than a position requiring a teacher certificate, or from the public. To finalize the appointment, the Board Secretary-Treasurer will take the oath of office during the meeting at which the individual was appointed or no later than ten days thereafter. It is the responsibility of the Board to annually evaluate the Board Secretary-Treasurer.

It is the responsibility of the Board Secretary-Treasurer, as custodian of district records, to preserve and maintain the records and documents pertaining to the business of the Board; to keep complete minutes of special and regular board meetings, including closed sessions; to keep a record of the results of regular and special elections; to keep an accurate account of school funds; to sign warrants drawn on the school funds after board approval; and collect data on truant students. The Board Secretary-Treasurer will also be responsible for filing the required reports with the Iowa Department of Education.

In the event the Board Secretary-Treasurer is unable to fulfill the responsibilities set out by the Board and the law, the Superintendent’s Administrative Assistant will assume those duties until the Board Secretary-Treasurer is able to resume the responsibility or a new Board Secretary-Treasurer is appointed. The Board Secretary-Treasurer will give bond in an amount as required under the law. The cost of the bond will be paid by the District.

• Legal References: Iowa Code §§ 12B.10; 12C; 64; 277.27; 279.3, .5, .7, .31-.33, .35; 291.2-4, 6-.15; 299.10, .16 (2001).  281 I.A.C. 12.3(1). 1978 Op. Att’y Gen. 328

• Cross References: I.A.S.B. Policy Manual; and Davenport Board Policy 304.03 Secretary's Monthly Report; Board Policy 903.02 Organizational Meeting; Board Policy 903.05 Special Meetings; Board Policy 903.10 Additional Distribution of Agendas; Board Policy 903.12 Minutes of Meetings

• By action of the Board 12/13/76, Revised 7/11/83, Revised 8/12/85, Revised 7/12/99: Revised 4/13/04

• Edited 4/04

902.04

BY-LAWS OF THE BOARD

Board Treasurer                         DELETE 4.13.04 -- COMBINE WITH 902.03

• Deleted 4.13.04

902.05

BY-LAWS OF THE BOARD

Legal Counsel

The Board at the annual meeting held in July shall appoint an attorney to represent the corporation and advise the Board. The attorney shall be paid on a "time" or "retainer" or "consortium" basis as determined by the Board in accordance with an annual contract. Upon request of the Superintendent or Board President the primary and/or secondary general partner (or in the event of their unavailability, such other member of the firm as the Superintendent or President shall request) shall attend regular or special meetings of the Board or committees to render advice and opinions on such matters as may be requested. The line of communication concerning legal consultation and advice from the attorney shall be through the Board President in the case of board members and through the Superintendent or superintendent's designee in the case of administrators.

• Legal Reference: Code of Iowa Chapter 279.37

• By action of the Board 12/13/76, Revised 7/11/83,10/10/83; Revised 6/26/00

• Edited 6/00

902.06

BY-LAWS OF THE BOARD

Negotiators

Negotiators shall be utilized to represent the Board of Directors in formal employee collective bargaining negotiations under provisions of the Iowa Public Employment Relations Act of 1974.

The administration shall designate the negotiators and report these to the Board for approval prior to the beginning of negotiations. These negotiators shall be the "chief spokespersons" with employee groups certified by the Public Employment Relations Board.

• By action of the Board 12/13/76, Revised 7/11/83; Revised 5/27/97

• Edited 7/97

902.07

BY-LAWS OF THE BOARD

Litigation Authority

As stated in Policy 902.5, "The line of communication concerning legal consultation and advice from the legal counsel of the school district shall be through the Board President in the case of board members..." When the Board or its executive officer, the Superintendent, is directly involved in litigation, the Board President is delegated to represent the majority of the Board in communicating with the legal counsel of the District. This communication may include, but not be limited to, authorizing the legal counsel to take certain steps as may be necessary to properly represent the Board's interest in threatened or pending litigation.

This policy applies to all litigation involving the Board or the Superintendent directly, including litigation brought forth by a member of the Board against the Board, the District, and/or the Superintendent.

• Legal Reference: Code of Iowa Chapter 291.1

• By action of the Board 11/9/92; Revised 6/26/00

• Edited 6/00