The board shall take action by way of motions. No motion may be acted upon until it has been duly supported by a member of the board. The vote on all motions shall be by “yes” and “no” or will be taken by a roll call vote. Following each vote, the president shall announce that the motion passed or failed, and if not a unanimous vote, shall announce the number voting “yes” and the number voting “no.” The minutes shall indicate whether a motion passed or failed and the number voting “yes” and the number voting “no.” Each board member may have the privilege of explaining for the record any vote, be it affirmative, negative or abstaining, at the discretion of the president.
Conflict of Interest
- Except for contracts specified in Section 5 below, a board member shall comply with
a. the disclosure provisions of Section 2 of this policy in contracts where: the board member is a direct party to any contract between himself/herself and the school district, or
b. the board member, directly or indirectly, solicits, negotiates, re-negotiates, represents a party to, or is an indirect party to, any contract with the school district and
i. any firm, meaning a co-partnership or other unincorporated association, in which he/she is a partner, member or employee;
ii. any private corporation in which he/she is a stockholder owning more than 1% of the total outstanding stock of any class if the stock is not listed on a stock exchange, or stock with a present total market value in excess of $25,000 if the stock is listed on a stock exchange, or of which he/she is a director, officer or employee;
iii. any trust of which he/she is a beneficiary or trustee.
- A board member shall promptly disclose any pecuniary interest in the contract to the board, which disclosure shall be a matter of record in its official proceedings. This disclosure shall be made in the following ways:
a. if the contract is for emergency repairs or services, the board member must promptly disclose any pecuniary interest in the contract, which disclosure shall be made a matter of record in the board’s official proceedings;
b. if the board member will directly benefit from a school district contract in an amount less than $250 and less than 5% of the public cost of the contract, the board member must disclose his/her pecuniary interest in the contract by filing a sworn affidavit with the school board;
c. if the board member will benefit by $250 or more, or 5% or more of the public cost of the contract, his/her pecuniary interest must be disclosed in one of two ways:
i. by notifying, in writing, the president of the board of his/her interest at least seven (7) calendar days before the meeting at which a decision regarding the contract will be made. If the president of the board is the individual with the conflict of interest, disclosure must be made to the secretary of the board. The disclosure shall be made public in the same manner as in public meeting notice; or
ii. by disclosing his/her interest in the contract at a board meeting. Under this option, the board may not vote on the relevant contract until at least seven (7) calendar days after the meeting at which the disclosure was made.
d. If the board member’s pecuniary interest in the contract exceeds $5,000, the board member must disclose his/her interest in the contract at a board meeting, and the board may not vote on the relevant contract until at least seven (7) calendar days after the meeting at which the disclosure was made.
3. Except as provided in Section 4 below, the contract must be approved by a vote of not less than 2/3rds of the full membership of the board of education, meaning not less than 5 members, in open session without the vote of the board member making disclosure specified in Section 2. The board of education must disclose the following summary information in its official minutes:
a. the name of each party involved in the contract;
b. the terms of the contract, including duration, financial consideration between parties, facilities or services of the school district included in the contract, and the nature and degree of assignment of employees of the school district for fulfillment of the contract, and
c. the nature of the pecuniary interest.
4. If 2/3rds of the members of the board are not eligible under this policy to vote on a contract or to constitute a quorum, a member may be counted for purposes of a quorum and may vote on the contract if the member will directly benefit from the contract in an amount less than $250 and less than 5% of the public cost of the contract and the member files a sworn affidavit to that effect with the official body. The affidavit shall be made part of the public record of the official proceedings.
5. This policy shall not apply to:
a. contracts between the school district and another public entity,
b. contracts awarded to the lowest qualified bidder, other than a board member, upon receipt of sealed bids pursuant to a published notice therefore provided such notice does not bar, except as authorized by law, any qualified person, firm, corporation or trust from bidding. Amendments or re-negotiations of a contract or additional payment thereunder which were not authorized by the contract at the time of award, are not excluded from the requirements of Sections 2 through 4 above, and
c. contracts for public utility services where the rates therefore are regulated by the state or federal government.
LEGAL REF: MCL 15.321, et seq.