LLS Board Policy 2.8 Option 2 Revisions Second Reading

LLS Board Policy 2.8 Option 2 Revisions Second Reading
Posted on 10/30/2017
Option 2:

2.8.      MEETINGS – PROCEDURES FOR CONDUCT

Procedures followed by the Board in calling and conducting its meetings will conform to statute the Open Meetings Act (OMA), Public Education Department Regulations and adopted Board policies.

2.8.1.   REGULAR MEETINGS

Under the provisions of NMSA 1978 Section 22-5-12A 10-3-2, NMSA 1978, the Board must hold at least one regular meeting each calendar month.  The date, time, and place of the regular Board meeting shall be established by Board action that shall be announced to the public pursuant to the requirements of the Open Meetings Act OMA.  (See Section 2.8.4. “Public Notice” below.)

The regular monthly meetings of the Board of Education shall be held on the 2nd and 4th Tuesday of each month in the administrative office boardroom, unless otherwise announced. The first meeting of the month shall be primarily devoted to policy issues and policy development. The second meeting of the month shall be primarily devoted to business and financial matters. The time of day is to be designated by the Board. All meetings shall be open to the public except while the Board is meeting in an Executive Session if permitted by the OMA. Whenever there will be a change in the date of the regular board meeting, proper notice will be given as outlined in the District’s Open Meetings Notice Resolution.     

2.8.2.   SPECIAL OR EMERGENCY MEETINGS

The Board President or Superintendent may call a special or emergency meeting at any time as needed by giving actual notice to each Board member of the time and place of the meeting and the subjects to be considered.  If reasonable efforts to give each actual notice do not succeed, written notice in advance should be given to each member in a manner which is likely to afford actual notice.  Public notice of special or emergency  meetings shall be given as required by the Open Meetings Act and local policy.

2.8.3. ORGANIZATION OF THE BOARD

Reorganization of the Board, at which the officers of the Board are chosen, shall occur at the first meeting of the Board during the month of March. The Board will schedule a special meeting on the first Tuesday of March for the sole purpose of selecting officers of the Board. Newly-elected Board members shall qualify for and assume office at the first meeting of the Board in March, whether regular or special, following a board election by administration of the required oath of office.

The highest-ranking officer of the Board, who is still a sitting member of the Board, will call the reorganization meeting to order following a Board election. The Board shall then elect a president who will preside over the restmainder of the meeting, at which  where the vice-president and secretary are elected. The officers shall hold office until the next reorganization of the Board.

2.8.4.   PUBLIC NOTICE

Section 10-15-1, NMSA 1978, provides that any meeting of a quorum of the Members of a School Board held for the purpose of formulating public policy, discussing public business, including the development of personnel rules, regulations or policies, or taking action within the authority of the Board, or at which the discussion or adoption of any proposed resolution, rule, regulation, or formal action occurs, shall be held only after reasonable notice to the public.  In accordance with the Open Meetings Act, the Board shall establish by policy or resolution, at least annually, what constitutes reasonable notice ofor each of its meetings.  Boards of Education must have a local policy which provides what is reasonable public notice for all regular, special, or emergency meetings of the Board.

In October of each year at its regular policy meeting, the Board of Education will review and approve its policy and resolution regarding notice of its meetings in compliance with the Open Meetings Act. Subsequently, the Board will publish the resolution in a newspaper of local general circulation in the local community.

A copy of the Open Meetings Notice Resolution as published and board policy will be kept on file in the Superintendent’s Office.  The language of the resolution is as follows:

The Los Lunas Board of Education met in regular session on October               __________at 6:00 p.m., as required per law; and Section 10-15-1(B) of the Open Meetings Act (NMSA 1978, Sections 10-15-1 to -4) states that, except as may be otherwise provided in the Constitution or the provisions of the Open Meetings Act, all meetings of a quorum of members of any board, council, commission or other policy-making body of any state or local public agency held for the purpose of formulating public policy, discussing public business, including the development of personnel rules, regulations or policies, or for the purpose of taking any action within the authority of or the delegated authority of such body, are declared to be public meetings open to the public at all times. ; and Section 10-15-1(C) of the Open Meetings Act requires the Los Lunas Schools Board of Education to determine annually what constitutes reasonable notice of its public meetings.

1. All meetings shall be held in the Board Room of the Los Lunas Schools Administration Building, 119 Luna Avenue, Los Lunas, New Mexico at 6:00 p.m. or as otherwise indicated on the meeting notice.

2. Unless otherwise specified, regular meetings shall be held the second and fourth Tuesday of each month.  A proposed agenda will be available at least seventy-two (72)   hours prior to the meeting from the office of the Superintendent of Schools, whose office is located in the Los Lunas Schools Administration Building, 119 Luna Avenue, Los Lunas, New Mexico.  Notice of any other regular meetings will be given ten (10) days in advance of the meeting date.  The notice shall indicate how a copy of the agenda may be obtained.

3. Special meetings may be called by the President or a majority of the members of the School Board upon three (3) days’ notice.  The notice shall include an agenda for the meeting or information on how members of the public may obtain a copy of the agenda.  The agenda shall be available to the public at least seventy-two (72) hours before any special meeting.

4. Emergency meetings will be called only under unforeseen circumstances, which demand immediate action to protect the health, safety of persons or and property. of citizens.The Los Lunas Schools Board of Education will avoid emergency meetings whenever possible. For purposes of this resolution, "emergency" refers to unforeseen circumstances that, if not addressed immediately by the public body, will likely result in injury or damage to persons or property or substantial financial loss to the public body.Within ten days of taking action on an emergency matter, the public body shall report to the attorney general's office the action taken and the circumstances creating the emergency; provided that the requirement to report to the attorney general is waived upon the declaration of a state or national emergency.

Emergency meetings may be called by the President or a majority of the members upon twenty-four (24) hours' notice, unless the threat of personal injury or property damage requires less notice.  The notice for all emergency meetings shall include an agenda for the meeting or information regarding how the public may obtain a copy of the agenda.


5. For the purposes of regular meetings described in paragraph two of this resolution, notice requirements are met if notice of the date, time, place and general subject matter specific items of business to be discussed or transacted at the meeting is posted on the Los Lunas Schools District Web Page, posted outside the district administration board room, at school sites, district departments, and inside the main lobby door of the district administration office.

 Mailed, emailed or faxed copies of the wWritten notices of meetings shall be sent by first class mail, email or facsimile transmission to a newspaper having general circulation in the school district and/or to radio stations that have requested such notices.

6. For the purposes of special meetings and emergency meetings described in paragraphs three and four of this resolution, notice requirements shall be met if notice of the date, time, place and general subject matter to be discussed is posted on the Los Lunas Schools District Web Page, posted outside the district administration board room, at school sites, district departments, and inside the main lobby door of the district administration office. Mailed, emailed or faxed copies of the wWritten notice of special or emergency meetings shall be sent by email or facsimile transmission to a newspaper having general circulation in the school district, and/or to radio stations that have requested such notices.

7. In addition to the information specified above, all notices shall include the following language:

If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact the sSuperintendent’s office at least one week prior to the meeting or as soon as possible so that appropriate arrangements may be made.

8. The Los Lunas Schools Board of Education may close a meeting to the public only if the subject matter of such discussion or action is exempted from the open meeting requirement under Section 10-15-1(H) of the Open Meetings Act.

a. If any meeting is closed during an open meeting, such closure shall be approved by a majority vote of a quorum of the Board taken during the open meeting.  The authority for the closure and the subjects to be discussed shall be stated with reasonable specificity in the motion for closure and the vote on closure of each individual member shall be recorded in the minutes. Only those subjects specified in the motion may be discussed in a closed meeting.

b. If the decision to hold a closed meeting is made when the Los Lunas Schools Board of Education is not in an open meeting, the   closed meeting shall not be held until public notice, appropriate under the circumstance, stating the specific provision of law authorizing the closed meeting and the subjects to be discussed, with reasonable specificity, is given to the members of the Board and to the general public.

c. Following completion of any closed meeting, the minutes of the open meeting that was closed, or the minutes of the next open meeting if the closed meeting was separately scheduled, shall state whether the matters discussed in the closed meeting were limited only to those specified in the motion or notice for closure.

d. Where required by Section 10-15-1(H), any final action taken as a result of discussions in a closed meeting, shall be made by vote of the Los Lunas Schools Board of Education in the an open public meeting.

9. The Los Lunas Schools Board of Education recognizes that, in a small community, board members will occasionally attend social events, community functions, school activities or programs, athletic event or meetings of other groups or entities, or be present at local commercial establishments. In the event a quorum of the membership of the Board is present on such occasions, a violation of this resolution and the Open Meetings Act does not occur so long as the board members do not discuss school business or prospective board actions as described in this resolution.

By adoption of this resolution, each member represents and agrees to abide by these limitations and not to engage in such discussions outside the context of a duly called Bboard meeting which complies with the Open Meetings Act.

Passed by the Los Lunas Schools Board of Education this _______ day of  (month), ____ (year).

President:_________________________________________
Vice President: _____________________________________
Secretary:_________________________________________
Member:__________________________________________
Member:__________________________________________

To be published in the Valencia County News Bulletin, (Date of Publication) ___________________.

B.Keeping of Minutes and Verification of Records: The Superintendent/Board Executive Assistant shall keep a complete and accurate record of the proceedings of the Board meetings and any other official business of the Board of Education. The official records shall be kept in a fireproof vault in the Superintendent's oOffice and shall be available for public inspection, in accordance with the Inpsection of Public Records Act. The Board Member elected to the position of Board secretary shall attest to the signature of the Ppresident onto contracts, where required, warrants, and other official documents, when such documents have been approved by the Board.

C. Amendment or Suspension of Rules and Regulations:  Any rules of the Los Lunas Schools Board of Education, not specifically dictated by statute, may be suspended or revoked by a majority vote of the Board.

2.8.5.   AGENDA

The Board President, in conjunction with the Superintendent, shall prepare an agenda for each meeting in accordance with the Open Meetings Act.

Any Board member may, by Monday noon on the Monday of the week before a Board meeting,  have  request that an item be placed on the agenda.

It shall be the practice of the Board for each Board member to receive a copy of the agenda, and for the agenda to be available for public inspection and/or distribution at least seventy-two (72) hours prior to a noticed meeting.  Except for emergency matters, action shall not be taken on an agenda item which does not appear on Tthe agenda will not be amended or modified within at least  seventy-two (72) hours prior to a regular or special Board meeting.

It shall be the duty of the Superintendent to have information related to agenda items provided to Board members in advance of the meeting so that the meeting itself can be utilized for discussion and action, rather than reading.

2.8.6.   QUORUM

The Board can transact business that is binding on the School District only when it is in session with a quorum of its members present or participating telephonically, as defined permitted under the Open Meetings Act.  An electronic recording or written minutes of the public portions of must be maintained for all regular, special or emergency meetings of the Board must be maintained.

2.8.6.1.TELEPHONIC PARTICIPATION BY BOARD MEMBERS

A member of the Board may participate in a meeting of the Board by means of a telephonic conference or other similar communications equipment when it is otherwise difficult or impossible for the member to attend the meeting in person, provided that each member participating by conference telephone can be identified when speaking, all participants are able to hear each other at the same time and members of the public attending the meeting are able to hear any member of the Board who speaks during the meeting.

2.8.7.   ORDER OF BUSINESS

A good board meeting is one that proceeds routinely, smoothly, and without delay.

Agenda items may be considered out of sequence by a majority vote of the Board to amend the agenda.  Agenda items may also be deleted by motion to amend Board Action; however, except for emergency matters, action items cannot be added to the agenda during less than 72 hours prior to the Board meeting.

2.8.8.   PUBLIC ADDRESS TO THE BOARD

The Los Lunas Board of Education conducts its regularly-scheduled Board meetings to receive information and make decisions that serve the needs of the students of the Los Lunas School District.  The Board President or presiding officer will conduct these meetings in an orderly manner.

The public is invited and encouraged to attend Board of Education meetings.  The Board welcomes and encourages public comment. Public comment, however, may only be made on items that are listed on the Board Agenda. 

If a member of the community wishes to have an item placed on the agenda, they he or she must submit that request in writing to the Superintendent’s Office no later than 10 days prior to the next regularly scheduled Board Meeting.  Pursuant to section 2.8.5 of this policy the Board President, in conjunction with the Superintendent, shall prepare an agenda for each meeting in accordance with the Open Meetings Act. At that time all requests will be reviewed for consideration for appropriateness as to assess whether the item is properly within the scope of the School Board’s business and is a timely matter for Board consideration as an agenda item.  If an item submitted is not to be placed on the Board Agenda, is not appropriate the individual who requested that  the item be placed on the agenda will be contacted and directed to the appropriate school department that is best suited to handle such items.

At that time any Iitems placed` on the Board agenda submitted will be evaluated as an action item or an informational item and schedulplaced in the appropriate place on the Board Agenda. 

Any cCommunity members may comment on an item that already exists appearing on the agenda, or an item placed on the agenda by a community member, as long as they have filled out the “Public Comment Form”, in accordance with 2.8.9.1 of this policy.

  1. The Board of Education for the Los Lunas Schools adopts the procedures and the controllimits set forth in this Policy pursuant to its responsibility to conduct the business of the School District in an orderly and effective manner and to maintain the decorum and order of Board meetings.Nothing herein shall be construed as prohibiting the Board and/or Board President from employing other and further reasonable controls and limitations measures to ensure the orderly and effective conduct of School District business at Board meetings.
  2. The open meetings of the Board of Education for the Los Lunas Schools are traditionally a closed forum with regard to public comment.The Board of Education, at its discretion, may open the forum for public comment, consistent with the requirements of the First Amendment of the U.S. Constitution.This Policy places the public and employees of the School District on notice that the Board of Education creates only a limited open forum for its meetings, in which the Board will only accept public comment when it is placed on its agenda and public comment shall be limited to the subject matter of its agenda items only.
  3. The Los Lunas Schools Board of Education utilizes the agenda for meetings of the Board of Education as the mechanism for public notice of its regular and special meetings and will not take action on any new business items not properly placed on the agenda.In addition, the Board of Education welcomes public participation in scheduled open meetings.However, public comment shall be limited to the subject matter listed by the Board in its agenda for the meeting, under the specific procedures of this Policy.

    The Board shall not permit comment on any other matters not listed by the Board on the Agenda, and the Board and/or Board President may limit or restrict repetitious public comments of questions and comments not related to an agenda topic.

  4. Public comment on limited subject matter at open Board meetings shall be permitted only if the Board’s agenda has a section entitled “Public Comment”, and the Board’s agenda lists the subject matter open for public comment.

    There is no obligation or requirement for the Board of Education to have a public comment section on its agenda for every open meeting of the Board of Education.  The Board of Education may or may not, at its discretion, place a the “Public Comment” section session on its agenda for any or all open Board meetings.

  5. The Board of Education welcomes public comment during the “Public Comment” section of the Board meeting limited to the subject matter open for public comment listed on the Agenda for the meeting.Individuals wishing to make public comment who have shall completed a Public Comment form and submitted it to the Board President prior to the “Public Comment” section of the open meeting.Individual oral presentations will be limited to five (5) minutes, unless extended by the Board President.If a large number of an oral presentation of no more than individuals have requested to participate in the “Public Comment” section of the Board meeting as to which will excessively extend the Board meeting, the Board President may limit oral presentations to two (2) minutes and may designate a facilitator to control and direct public comment.
  6. At the Board meeting, individuals approved for public comment each person who has timely submitted a “Public Comment Form”, shall wait to be recognized by the Board President to present his or her comments to the Board of Education.Upon recognition by the Board President to address the Board, the individual will state his or her name, and address, and identify the general topic of his or her remarks. The “Public Comment fForm can be obtained from the Superintendent’s Office.

G.      The Board of Education prohibits comment upon any matter not contained in the Board meeting agenda. Student and employee matters related in individual student or employees of the School District which involveare likely to disclose confidential information will not be included on the any agenda for any open portion of a Board meeting. and are not included for public comment at any Board meeting

There are other readily available and more effective and responsive avenues available for individuals wishing to convey confidential information and student or employee complaints to the School District than by public comment at a Board meeting. 

H G.    Employees wishing to make complaints against their supervisors are directed to follow the School District’s grievance policy.  An employee’s failure to continue his or her complaint under the grievance policy will be deemed to have dropped his or her complaint against a supervisor.

I.H.    The Superintendent of Schools, or his or her designee, shall develop rules, regulations or procedures to permit members of the public to submit criticisms and complaints against school employees,. which include the Such rules shall requirement to complete an investigation of formal complaints, and shallto permit the employee to address respond to any such criticism or allegations. and will include provisions to The rules shall be designed to afford an effective avenue for parent or citizen complaints, while also protecting the rights of individual employees and the School District.

J.I.       If an individual Parents or community members who wishes to bring present a formal complaint against the Superintendent of Schools, he/she shall submit the complaint in writing to the Board President, pursuant to Board Policy No. 5.10. 

Failure to submit the formal complaint to the Board President in writing may result in the inability of the Los Lunas Schools Board of Education to initiate and complete a proper investigation, or to take appropriate action with regard to the complaint.  Without the full cooperation of the complainant in ensuring that sufficient information is provided to the School District Board, it may not be possible to conduct a proper investigation.

K.J.  Public comment which unduly disrupts the orderly progress of anythe Board meeting or the use of language in public comment containing personally abusive epithets toward another or violent or threatening language directed toward another which, when addressed to an the ordinary citizen, are, as a matter of common knowledge, inherently would be likely to provoke a violent reaction will be declared out of order and terminated by the Board President.  In addition, persons making public comment should confine their comments to matters germane to the business of the School District, avoid references, statements, or conduct reasonably likely to result in disruption or undue delay in the orderly transaction of the business scheduled for consideration by the Board, refrain from profanity, obscenity, or other breach of respect and refrain from irrelevant, cumulative or repetitive remarks.

L.K.     The Los Lunas Schools Board of Education shall not entertain comments regarding any pending student discipline or employee grievance matters, as the appropriate forum for such matters is the applicable administrative official or hearing process provided by State law or School District policy or practice.

M.L.    The Los Lunas Schools Board of Education shall not make comment, endorse, sanction, or act upon any comments made during the “Public Comment” sectssion of the open Board Meetings in which if the subject matter of the comment wasis not contained otherwise included within the Agenda items for the Board meeting.

If comment is made on an Agenda item, the Board may interact with a person making the comment, including commenting on or responding to the substance of the individual’s statement or request. 

N.M.    If any public comment involves accusations of child abuse, the provisions of this Policy shall be implemented only after the Superintendent of Schools or his or her designee has completed the child abuse reporting requirements specified in law. 

The resultant investigation by the School District will be conducted in cooperation with the appropriate law enforcement agencies with jurisdiction. If a School District employee is accused of such misconduct, the investigation shall respect the confidentiality of the employee, while also assuring that appropriate steps are taken to assure the safety and security of potential victims.

O.N.    Any mMembers of the Los Lunas Schools Board of Education may raise objection to comments that the member believes violate the terms of this Policy, and request a ruling by the President of the Board or presiding officer.

Any Board member may also place in the minutes of the meeting any objections he or she has to actions of the Board President to limit or terminate the remarks of any individual during the public comment section of the meeting.

P.O.     The Los Lunas Schools Board of Education vests in its President, or other presiding officer, the authority to terminate the remarks of any individual not adhering to this Policy regarding presentations and comment.

2.8.9 APPLICATION FOR PUBLIC COMMENT

2.8.9.1 The Board of Education welcomes public participation in scheduled open meetings, without prior arrangement, under the following guidelines:

A.  The applicant shall complete the Public Comment Fform prior to the Public Comment section of the meeting, and give the form to the Board President. Public comment can only be made on an agenda item.

B. Oral presentations of applicant's item shall be limited to five (5) minutes unless extended by the Chairperson Board President.

C.        The Board utilizes the agenda as the mechanism for public notice of its regular and special meetings and will not take action on any new business items; Reference Open Meetings Act (Section 10-15-1 through 10-15-4 New Mexico Statutes Annotated, 1978).

2.8.9.2 Items of a personal nature, personnel, individual student, or items presently under investigation will not be publicly intro­duced or discussed until the Board has had an opportunity to assure itself that no employee, student or citizen's rights will be jeopar­dized. A request for a closed session may be made if permitted by the Open Meetings Act, but   certain and policies relating to preservationing of individual legal rights must be adhered to.

2.8.10. OPEN AND CLOSED MEETINGS

The Open Meetings Act requires all Board meetings to be open to the public at all times unless an exception found in the Act permits a closed executive meeting.  A closed executive meeting may be held to discuss:

  1. Issuance, suspension, renewal, or revocation of a license.Final actions shall be taken at an open meeting.
  2. “Limited personnel matters” which means the discussion of hiring, promotion, demotion, dismissal, assignment, or resignation of or the investigation or consideration of complaints or charges against any individual public employee.Final actions on personnel which the Board is lawfully authorized to take shall be taken at an open public meeting.
  3. An “administrative adjudicatory proceeding” which means a proceeding brought by or against a person before a public body in which individual legal rights, duties or privileges are required by law to be determined by the public body after an opportunity for a trial-type hearing.Final action which the Board is lawfully authorized to take as a result of the proceeding shall occur in an open meeting.
  4. Personally identifiable information about any individual student, unless the student, his parent or guardian requests otherwise.
  5. Purchases exceeding two thousand five hundred dollars ($2,500) that can be made only from one source, and the contents of competitive sealed proposals solicited pursuant to the Procurement Code during the contract negotiation process.The actual approval of purchase of the item or final action regarding the selection of a contractor shall be made in an open meeting.
  6. Threatened or pending litigation in which the Board is or may become a participant.
  7. The purchase, acquisition, or disposal of real property or water rights.

8. The discussion of bargaining strategy preliminary to collective bargaining negotiations between the Board and a bargaining unit representing the employees of the District and collective bargaining sessions at which the Board and the representatives of the collective bargaining unit are present.

In order to conduct a closed executive session, the Board shall follow the following procedure:

  1. If a properly-convened open meeting is to be closed, a majority roll call vote by the Board, based on a motion, which states theexception to the Open Meetings Act justifying closure and the topic to be discussed in closed session with reasonable specificity reason for closing the meeting, is necessary.The vote of each member shall be noted in the minutes.
  2. If a closed meeting is to be called when the Board is not otherwise in session, the board shall give public notice its current Open Meetings Notice Resolution public notice policy.  Such notice shall state the exception to the Open Meetings Act justifying closure and the topic to be discussed in closed session with reasonable specificity give the reason for closing the meeting.

2.8.11. PARLIAMENTARY PROCEDURE

The Board desires to use rules of procedure for its meetings which assist in the achievement of the following:

  1. Meetings proceed efficiently.
  2. The Board acts by the decision of a majority of a quorum of its members, but with equal opportunity for all members to participate fully, whether in the majority on a given issue or not.
  3. Decisions are made on the merits as determined by the voted conviction of considered and deliberative action of a majority of a quorum of the Members present, rather than from based upon any manipulation of applicable the procedural rules.

The rules of procedure on the following page are adopted for use.  The President is authorized to declare the Board’s approval of the minutes, the agenda and adjournment when it is evident that no change or objection is being proposed.  Similarly, the President may declare a recess, or rule a motion out of order.  After the agenda has been approved by the Board, it must be followed unless a motion to hear and consider something a matter out of order is approved by a majority vote.  The maker of a motion shall have the right to withdraw the motion at any time prior to a vote being taken by the President Board.

The President of the Board surrenders none of the privileges of being a member by virtue of office.  The President may discuss business, make motions and seconds motions, and is expected to cast votes on action matters items on the agenda.

2.8.11.1. Parliamentary Procedure At A Glance

(See Attached Sheets)

2.8.12. PUBLIC HEARINGS

A public hearing is typically called for the purpose of adjudicating the rights of individuals and deciding issues within the jurisdiction of the local Board.

Public hearings required by law or deemed advisable by the Board shall be set as specified in applicable legal procedure or upon organized by a special order, direction by the Board, which is adopted by a majority vote, that sets forth the subject, date, place, and time of the hearing, as well as, any rules regarding the length of time of each speaker, etc hearing procedure.  Prior to the beginning of a hearing, the Board President will explain the procedures to be followed.  The President or his designee shall call the hearing to order and then preside over it, unless a hearing officer is chosen to preside.  When the matter has been fully addressed according to the adopted hearing procedure, or the allotted time for the hearing has expiresd, or when no one wishes to speak who has not already done so, the President or his designee shall declare the hearing ended.

The specific procedures for most hearings held by the board will be found in statutes or regulations, and must be scrupulously substantially followed.  Those procedures, where applicable, will supersede this paragraph and any inconsistent local policy.

2.8.13. PROCEDURES FOR CONDUCTING BOARD HEARINGS

These rules shall apply to all formal hearings before the Board in contested cases, except procedures concerning certified school instructors or certified school administrators, which proceedings shall be governed by the state statutes and rules and regulations of the Public Education Department, and except proceedings regarding student discipline which shall be governed by the Hearing Authority procedures set forth in Board Policy.  Said rules shall not apply to conferences or other informal investigations or proceedings at or upon which no formal ruling or decision is made, or to any proceedings in a non-contested case.

  1. Hearings or Appeals
    • All requests for hearings or appeals shall be in writing and submitted to the President of the Board or the Superintendent.
    • Appeals or requests for hearing shall include a statement of the issues to be presented in said appeal or hearing.
    • All requests for appeals or hearings shall be made within thirty (30) days of the decision or event uponof which a hearing or appeal is requested, unless governed otherwise by law, regulation or policy.
    • The Sschool Ddistrict, through its attorney, shall present a written outline a counter statement of the charges and/or issues, which the School intends to present, if any, involved in the proceeding, and serve that statement upon the opposing party with a copy to be filed with the Superintendent.

     2. Notice of Hearing

      • In personnel actions, notices of hearing shall the applicable requirements of the School Personnel Act or other applicable statutory process, as well as, all conditions and timelines as set forth by Public Education Department rules and regulations and State Statutes. The hearing may be closed by either the Board of Education, if permitted by the Open Meetings Act, but or the personemployee affected by the hearing may requesting that the hearing be held in open session, if such right is secured by law.
      • In all other cases involving appeals or hearings for which the Board has agreed to schedule a formal hearing, written notice of the date of hearing shall be sent by the President of the Board, or his designee, to all interested parties within thirty (30) days of receipt of the request for an appeal or hearing and not less than ten (10) days prior to the scheduled hearing date, unless different timelines are specified by law, regulation or policy.

    3.         Parties – Representation

    • “Party” includes any person or agency named in the action, or recognized by the Board admitted as a party as a result of the presence of a substantial interest in the proceeding. AAny person or agency may be recognized admitted as a party for limited purposes upon the satisfactory demonstration of the nature and extent of its interest to the Board.
    • All parties appearing at formal hearings shall have the right to appear in proper person, and if consistent with applicable legal procedure, may or with counsel.All such parties shall have the right to be accompanied, represented, and advised by counsel or a representative of the party’s choice.

    4. Records – Transcript

    • Except when expressly prohibited by statute, Tthe Board shall prepare, except when expressly prohibited by statute, an official record of the hearing, and file it with the Superintendent, which shall include all pleadings, tape or video recordings or transcripts of the hearing, exhibits, and other memoranda or material filed admitted into evidence in the course of in the proceeding.
    • A stenographic record or electronic recording of the hearing shall may be made at the expense of the Board, at its discretion, unless otherwise required by applicable proucedure. Cost of copying the electronic recording or copies of any documents and pleadings shall be paid by the party requesting such copy, unless applicable procedure dictates otherwise.

    5. Presiding Officer

    Duties and Authority –
    Each hearing shall be held before not less than a A quorum of the Board shall preside at the formal hearing, unless the Board delegates this function to a hearing officer. The President, or in his absence, the Vice President, and in the absence of both, a member designated by the President, shall be the presiding officer and shall have charge conduct and control the progress of the hearing, with authority to permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time.   The presiding officer shall cause an oath to be administered an oath to all witnesses testifying in the proceedings.

    6. Order of Procedure

    Unless a different procedure is mandated by applicable law, Tthe order in which the parties shall present their case shall be determined by the presiding officer as follows:

    • In a formal hearing, the party requesting the hearing shall proceed first and shall bear the burden of proof.
    • In all appeals, the appellant shall proceed first.
    • Each The party requesting the hearing shall typically have the right to present rebuttal evidence after both parties have presented their at the conclusion of the responding party’s case.

    7. Evidence

      • Each The partyies may each make an opening statement outlining the issues to be addressed in the hearing and what they intend to prove. and state what the case is about.
      • The strict judicial rules of evidence shall not be applicable to hearings conducted hereunder, and, in each case, the Board may admit any evidence and may give probative effect to evidence that is of a kind commonly relied on by reasonably prudent personsmen in the conduct of serious affairs.The Board may, in its discretion, exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.Documentary evidence may be received in the form of copies or excerpts.The Board may take notice of judicially cognizable facts.The parties shall be notified either before or during the hearing of the material so noticed and shall be afforded an opportunity to contest the facts so noticed.Depositions may be taken and used as in civil proceedings. , unless discovery is otherwise limited by applicable law.
      • Counsel for any party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions, and motions; provided, however, that where a party is not represented by counsel, all such submission of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented by the responsibility of the party, acting in accordance with the established hearing procedure.
      • The presiding officer, or any person designated for that purpose, may examine all witnesses called by any party.The presiding officer He may call as a witnesses any person whose testimony is deemed to may be relevant.Any Board Members may examine question any witness called by either party.

      8. Briefs

      The
      Any party may submit briefs of the issues of fact and law involved in the hearing in such form and on such schedule as the presiding officer may designate.

      9. Counsel


      The presiding officer orf the Board may request thate Board attorney counsel to participate in any hearing as counsel for the Board or otherwise advise and assist the Board or presiding officer in the conduct of the hearing.Counsel separate from the Board attorney may be assigned to assist the District Administrator(s) at the hearing.

      10.  Final Argument

      • After both parties have presented their case and any rebuttal evidence, if any, then the appellant or party requesting the hearing may make a final argument summation to the Board of his version of the facts presented in the hearing and law applicable thereto.
      • The other party may present a responsive summary answer with his version of the facts presented and law applicable thereto.
      • Then tThe appellant or party requesting the hearing may argue in present a rebuttal closing statement. of the other party’s answering argument.
      • The presiding officer of the Board may limit final arguments to a certain amount of time that is reasonable.

      11. Decision and Order

        • The Board may deliberate on its decision immediately following the conclusion of the hearing, or at such time as is consistent with the applicable procedure. The Each decision and order of the Board shall be delivered in writing within ten (10) work days after the hearing, unless a different deadline is specified by applicable procedure. it The Board’s decision may shall immediately follow the hearing, in which case it shall be delivered orally, and thereafter in writing with copies to all parties. Each The Board’s decision and order may include shall be accompanied by findings of fact and specific disposition of conclusions of law applicable to the case and shall be provided to all parties.Formal action of the Board shall be taken publicly at a Board meeting following the hearing, but no other information will be released by the Board or Sschool Aadministration as noted above.

        12. Appeals

        Personnel who receive an adverse decision from the Board
        may have a right toof appeal the decision under state law and should be given notice of thate right to appeal that meets theall conditions and timelines, as set forth by the Public Education Department rules and regulations and or sState sStatute.

        13. Reopening of Case


        At any time after the hearing, but and prior to the service of the Board’s decision, either party the person aggrieved may request the Board to reopen the case to receive additional evidence, or for other specified cause, so long as the proposed additional evidence or issue is newly-discovered and could not reasonably have been presented earlier.The granting or refusing of such request shall be within the Board’s discretion.The Board may reopen the case on its own motion at any time within thirty (30) days after service of prior to formal action adopting the Board’s decision.

        2.8.14. MINUTES

        Pursuant to New Mexico Statute the Open Meetings Act, written minutes shall be kept of all public school Board meetings.  Draft minutes shall be prepared within ten (10) working days after the meeting.  Board minutes will be finalized and approved at the next regular monthly Board meeting, at which point they will become the official record of the meeting.

        At the time Once the minutes are approved by the Board, any tape or electronic recording of the proceedings maywill be erased. However, such tapes or recordings shall be preserved if there is a request for a copy of such tape or recording prior to approval of the minutes, or if the tape or recording is needed as evidence in a legal proceeding.

        Minutes shall include the following:

        1. The nature of the meeting (regular, special or emergency), the date, time, place, members present and members absent.
        2. The substance of all proposals considered.
        3. A record of any actions taken or decisions made.
        4. A record of all votes taken which shows how each member voted.

        The minutes of the meeting of the Los Lunas Schools Board of Education constitute the written record of the Board’s action.  For most purposes, the Board speaks only through the minutes, and it is by the minutes that the record of what the Board has done, or not done, is proven confirmed.  Regardless of the importance of any discussion at the meeting, it is only that which is recorded in the minutes that becomes official.

        Members who are late should shall be marked absent on the initial roll call.  It is important that tThe entry of late members andor the withdrawal departure of members present during the meeting shall be recorded noted accurately in the minutes.  Proper recording of these proceedings can prevent confusion.

        The Board clerk, or recording secretary, should attempt to include the wording of the all motions, the name of the member making the motion, the name of the member seconding it, if applicable, the record of the vote on the motion, and the declaration of the presiding officer that the motion has passed or failed, attested to by the clerk.  These minutes will be available for public inspection in the school district offices after they have been approved by the Board.  Minutes shall be maintained in an official record book designated for said purpose.  Copies of minutes may be requested pursuant to the Inspection of Public Records Act

        2.8.15. NOMINATIONS AND APPOINTMENTS

        The Board shall use the following procedure to make appointments to various subordinate offices:

        The President shall open the floor to nominations.  At this time, the names of possible appointees shall be put forward proposed by the members and debated.  When the debate ends, the President shall call the roll of the members, and each member shall cast his vote.  The votes shall not be tallied until all members have voted.

        The nominee who receives the highest number of votes shall be appointed.

        [If more than one appointee is to be selected, each member shall have as many votes as there are positions to be filled.  A member must cast all of his votes and shall cast them for different nominees.]  Cumulative voting is prohibited.

        2.8.16. REFERENCE TO ROBERT’S RULES OF ORDER

        To the extent not provided for in these rules (including the Parliamentary Rules at a Glance appended hereto), and to the extent that the reference does not conflict with the spirit of these rules, the Board mayshall refer to Robert’s Rules of Order, Revised, for unresolved procedural questions.

        2.8.17. MEDIA COVERAGE

        The Superintendent or designated representative will make provisions for adequate dissemination of information to the public concerning meetings and Board action.  Accommodations for media coverage will be provided.

        ADOPTED:   May 13, 2008
        REVISED
        : 10/11/11; 10/25/16
        LEGAL REFERENCES: 10-3-2, NMSA 1978, The Open Meetings Act Section 10-15-1, NMSA 1978, ; The Inspection of Public Records Act, NMSA 1978, Sections 14-2-1 et seq.; NMSA 1978, Section 22-5-4 (Board powers and duties); NMSA 1978, Section 22-5-9.1 (Board member oath of office); NMSA 1978, Section 22-5-12A (monthly regular Board meetings);
        CROSS-REFERENCES:
        LOS LUNAS BOARD OF EDUCATION

        PARLIAMENTARY PROCEDURES AT A GLANCE

        To Do This

        You Say This

        May you Interrupt Speaker

        Must Be Seconded

        Is the Motion Debatable

        Is the Motion Amendable

        What Vote is Required

        Introduce business (a primary motion)

        “I move that…”

        No

        Yes

        Yes

        Yes

        Majority vote required

        Amend a motion

        “I move that this motion be amended by…”

        No

        Yes

        Yes

        Yes

        Majority vote required

        Have something studied further

        “I move we defer this matter to a committee.”

        No

        Yes

        Yes

        Yes

        Majority vote required

        Postpone consideration of something to a certain time or day

        “I move we postpone this matter until…”

        No

        Yes

        Yes

        Yes

        Majority vote required

        Defer consideration

        “I move we defer consideration of this matter indefinitely.”

        No

        Yes

        Yes

        Yes

        Majority vote required

        Matter expires after 3 months unless revived.

        Prevent reconsideration for six months

        “I move to prevent reconsideration for six months of…”

        No

        Yes

        Yes

        Yes

        Majority vote required

        Reconsider something already disposed of

        “I move we now (or later) reconsider our action relative to…”

        No

        Yes

        Yes

        Yes

        Majority vote required

        This action must be taken at meeting item was decided

        Take up a matter previously tabled

        “I move we take from the table…”

        No

        Yes

        Yes

        Yes

        Majority vote required

        Consider something out of its scheduled order

        “I move we consider out-of-order agenda item…”

        No

         

        Yes

        Yes

        Yes

        Majority in the negative required to reverse chair’s decision

        End debate

        “I move the previous question.”

        No

        Yes

        Yes

        Yes

        Majority vote required

        Recess the meeting

        “I move that we recess until…”

        No

        Yes

        Yes

        Yes

        Majority vote required

        Adjourn the meeting

        “I move that we adjourn.”

        No

        Yes

        Yes

        Yes

        Majority vote required

        May not interrupt pending matter.

        Complain about noise, temperature, etc.

        “Point of privilege”

        Yes

        No

        No

        No

        No vote required, chair decides

        Object to procedure or to a personal affront

        “Point of order”

        Yes

        No

        No

        No

        No vote required, chair decides

        Request information

        “Point of information”

        Yes (if urgent)

        No

        No

        No

        No vote required









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