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Policy Categories Archives: Section B: School Board Governance & Operations

Section B contains policies on the school board – how it is appointed or elected; how it is organized; how it conducts meetings, and how the board operates. This section includes bylaws and policies establishing the Board’s internal operating procedures.

Emergency Meetings

ASD File. BEB
AUBURN SCHOOL DISTRICT
EMERGENCY MEETINGS

Emergency meetings may be called by the Chairperson or by action of a majority of the Board. For the purposes of this policy, an emergency is defined as a situation where immediate, undelayed action is deemed to be imperative by the Chairperson. In the event of an emergency meeting, the Board will post notice of time and place of the emergency meeting as soon as possible and will also use other reasonable means to inform the public that an emergency meeting is to be held. Minutes of an emergency meeting will clearly state the need and purpose for the emergency meeting.

Legal Reference: RSA 91-A:2,II

Adopted: January 13, 1983
Adopted: October 12, 1999
Revised: December 9, 2014

 

School Attorney

ASD File: BDG
AUBURN SCHOOL DISTRICT
SCHOOL ATTORNEY

The Auburn School Board recognizes that the increasing complexity of School District operations frequently requires procurement of professional legal services. Consequently, it shall retain an attorney or law firm for that purpose.

A decision to seek legal advice or assistance on behalf of the School District shall normally be made by the Superintendent or by persons specifically authorized by the Superintendent. Such action shall occur where it is consistent with approved district policy or standard practice and meets an obvious need of the District. It may also take place as a consequence of formal Board direction.

Many types of instances of legal assistance to the District may be considered routine and not necessitating specific Board approval or prior vote. For example, the Superintendent may consult with the school attorney to interpret statutory requirements or regulations, prepare or review contracts and seek legal opinions regarding other district issues.

However, when the administration concludes that unusual types or amounts of professional legal service may be required, Board authorization for such service shall be promptly requested.

Adopted: November 27, 2001

Advisory Committees To The Board

ASD File: BDF
AUBURN SCHOOL DISTRICT
ADVISORY COMMITTEES TO THE BOARD

The Board may rely on various advisory committees to counsel it as one means of discerning the needs and desires of the school district and its residents. The central purpose of all advisory committees is to contribute to the educational program by conducting studies, identifying problems, and developing recommendations that will enhance the effectiveness of the decision-making process. The ultimate authority to make decisions will continue to reside with the powers and duties of the Board as imposed by law.

No advisory committee’s recommendations shall have any limiting effect on appropriations, unless all the procedures of RSA 32 (Municipal Budget Law) have been followed.

Specific topics for study or well-defined areas of activity shall be assigned in writing to each committee. Upon completing its assignment, each committee either shall be given new assignments or shall be dissolved promptly, but shall not be allowed to continue for prolonged periods without a definite assignment. Each committee shall be instructed as to the length of time each member is being asked to serve, the service the Board wishes it to render, the resources the Board intends to provide, the approximate dates on which the Board wishes it to submit reports, and the approximate date on which the Board wishes to dissolve the committee. Furthermore, the committee shall be instructed as to the relationship it has to the Board, to individual board members, to the board member(s) assigned to provide liaison, and to the Superintendent, the committee assistant, and the remainder of the professional staff.

The Board shall have sole power to dissolve any of its advisory committees and shall reserve the right to exercise this power at any time during the life of any committee.

The Board shall seek the advice of the Superintendent before establishing or dissolving any advisory committee.

All appointments of citizens to advisory committees to the Board shall be made by the Board.

All appointments of staff members to citizens advisory committees to the Board shall be made by the Superintendent after approval of the Board.

The School Board shall see that the public is made aware of the services rendered by such committees of citizens as it may appoint and shall see that the public is informed of the major conclusions and recommendations made by such committees. All public announcements concerning the organization, membership, operation, recommendations, and dissolution of such committees shall be made at such time and in such manner as the Board may choose.

Legal Reference: RSA 32:24

Adopted: October 12, 1999
Revised: November 10, 2009

Board-Superintendent Relationship

ASD File: BDD
AUBURN SCHOOL DISTRICT
BOARD-SUPERINTENDENT RELATIONSHIP

The Board believes that the legislation of policies is a primary function of a School Board and that the execution of the policies should be a primary function of the Superintendent.

Delegation by the Board of its executive powers to the Superintendent provides freedom for the Superintendent to manage the schools within the Board’s policies and frees the Board to devote its time to policy-making and appraisal functions.
The Superintendent is responsible for the administration of Board policies, the execution of Board decisions, the operation of school programs, for keeping the Board informed about school operations and issues, and for satisfactory fulfillment of the duties required by statute and rules of the State Board of Education.

The Board will:
1. Give the Superintendent full administrative authority for properly discharging his/her professional duties, holding him/her responsible for acceptable results.
2. Act upon matters of employment or dismissal of school personnel only on the recommendation of the Superintendent.
3. Hold all meetings of the Board in the presence of the Superintendent or his/her designee.
4. Refer all school related concerns to the Superintendent and formally discuss at a regularly scheduled meeting.

Adopted: October 12, 1999
Revised: December 12, 2017

Appointed Board Officials

ASD File: BDC
AUBURN SCHOOL DISTRICT
APPOINTED BOARD OFFICIALS

CLERK OF THE DISTRICT
The Clerk of the Auburn School District is elected for a three-year term and the School Board will fix the salary of the District Clerk, who shall not be a member of the School Board. The Clerk shall keep a true record of each district meeting and make any reports to the State of New Hampshire as may be required and shall carry out duties as required in RSA 197:20.

RSA 197:20 Clerk. The clerk shall keep a true record of all the doings of each meeting; shall make an attested copy of any record of the district for any person upon request and tender of legal fees therefor; shall act as moderator of any meeting until a moderator pro tempore shall be chosen, if the moderator is absent or the office has become vacant; and shall have the same power to administer oaths which the moderator has. If the clerk is absent at any meeting a clerk pro tempore shall be chosen.

TREASURER OF THE DISTRICT
The Treasurer of the School District shall be elected for a three-year term and shall not be a member of the School Board. He/She shall receive such remuneration as the district may determine and perform such duties pertaining to the fiscal affairs of the school district as outlined in the New Hampshire statutes relating to public schools. If no one is elected and accepts, the School Board shall appoint the Treasurer.

A Deputy Treasurer shall be appointed by the Treasurer subject to the approval of the Board.

Legal References: RSA 195:5, RSA 197:20

Adopted: October 12, 1999
Revised: June 11, 2013

A Model Of Conduct For School Board Members

ASD File: BCA
AUBURN SCHOOL DISTRICT
A MODEL CODE OF CONDUCT FOR SCHOOL BOARD MEMBERS

Members of the Auburn School Board shall agree to the following code of conduct:

 We will not be coerced into decisions by pressure groups. Rather, we will listen to all points of view and try to make decisions based on all available data.

 We will strive to identify our own personal biases and prejudices and to keep them from influencing our decisions.

 In the consideration of financial matters, such as budget approval, school construction, salaries, and purchases, we will attempt to maintain a balance between fiscal responsibility and a commitment to quality education.

 We will attempt to differentiate between decisions that should rightfully be made by the administrators and those which should be made by the school board, keeping in mind that the school board’s functions are legislative and evaluative, that is, to make policies and monitor their implementation.

 We will remember that a school board functions only as a total board in a legal meeting. I will not attempt to exercise authority as an individual and will not make unauthorized commitments on behalf of the board.

 If I should be a member of the minority on any vote, I will abide by the majority opinion. We will not speak outside of board meetings against any majority decision which was reached in good faith.

 If contacted by a parent or other citizen about a school problem, we will point out how important it is to follow a proper “chain of command” and that, if avenues of appeal have been exhausted, the complainant should seek recognition on a school board meeting agenda.

 We will respect the confidentiality of information disclosed in executive sessions of the board.

 We will vigorously support school board policies which recognize the rights and dignity of all people, including students and employees, and which foster sound management practices.

 Even though we may have been elected by friends and neighbors, we will view ourselves as representatives of the entire school district and will not be influenced by partisanship. We will consistently support what is best for the total school district.

Adopted: April 11, 2005

Board Officers

ASD File: BDB
AUBURN SCHOOL DISTRICT
BOARD OFFICERS

The officers of the Auburn School Board shall be a Chairperson, a Vice-Chairperson, and a Clerk. The officers shall be elected at the annual organization meeting to serve until the next annual organization meeting or until a successor is elected. Any vacancy in any of such offices may be filled at any meeting of the Board provided that all members of the Board have been notified prior to the meeting that the vacancy will be filled at such meeting. The Superintendent is the chief executive officer and an ex-officio member of the Board and shall be the Executive Secretary ex-officio.

CHAIRPERSON
The Chairperson shall consult with the Superintendent on the preparation of the agenda for each meeting, shall have authority to sign contracts and other instruments as approved by the Board in its name and on its behalf, and shall have such other powers and duties as the Board may from time to time determine.

VICE-CHAIRPERSON
The Vice-Chairperson shall have the powers and duties of the Chairperson in his/her absence, and such other powers and duties as the School Board may from time to time determine.

CLERK
The Clerk shall be responsible for board correspondence when directed by the Chairperson.

Adopted: November 27, 2001

Board Organizational Meeting

ASD File: BDA
AUBURN SCHOOL DISTRICT
BOARD ORGANIZATIONAL MEETING

The School Board shall organize annually at its first meeting following the school district elections. Elections shall be held at the annual school district meeting in accordance with RSA 197:1. Every member shall be notified of the meeting for organization, in accordance with RSA 91-A:2. This meeting shall be called to order by the Superintendent, who shall preside during and until the election of a Chairperson.

RSA 197:1 Annual. A meeting of every school district shall be held annually between March 1 and March 25, inclusive, or in accordance with RSA 40:13, if that provision is adopted in the district, for raising and appropriating money for the support of schools for the fiscal year beginning the next July 1, for the transaction of other district business and, in those districts not electing their district officers at the town meeting, for the choice of district officers.

Statutory References:
RSA 91-A:2, Public Records and Meetings: Meetings Open to the Public
RSA 197:1, Annual School Meetings

Adopted: October 12, 1999
Revised: December 12, 2017

 

Board Member Conflict Of Interest

ASD File: BCB
AUBURN SCHOOL DISTRICT
BOARD MEMBER CONFLICT OF INTEREST

As elected officials, school board members owe a duty of loyalty to the general public in
protecting the school district’s interests. Therefore, the Board declares that a conflict of interest
is a personal, pecuniary interest that is immediate, definite, and demonstrable and which is or
may be in conflict with the public interest.

A board member who has a personal or private interest in a matter proposed or pending before
the Board will disclose such interest to the Board, will not deliberate on the matter, will not vote
on the matter, and will not attempt to influence other members of the Board regarding the
matter. Additionally, Board members should refrain from engaging in conduct or actions that
give the appearance of a conflict of interest, embarrass the Board, or personally embarrass
another Board member.

It is not the intent of this policy to prevent the District from contracting with corporations or
businesses with which a Board member is an employee. The policy is designed to prevent placing
a Board member in a position where his/her interest in the public schools and his/her interest in
his/her place of employment (or other indirect interest) might conflict, and to avoid appearances
of conflict of interest even though such conflict may not exist.

Nepotism

The District may employ a teacher or other employee if that teacher or other employee is the
father, mother, brother, sister, wife, husband, civil union partner, son, daughter, son-in-law,
daughter-in-law, sister-in-law, or brother-in-law of the Superintendent, any member of the Board
or any other person in a supervisory position. Such a relationship will not automatically disqualify
a job applicant from employment with the school district.

However, the Superintendent, the Board member or person holding a supervisory position shall
declare his/her relationship with the job applicant and will refrain from debating, discussing, or
voting on a nomination or other issue, directly related to the applicant. The job applicant is
expected to declare his/her relationship with the Board member as well.

This shall not apply to any person within such relationship or relationships who has been
regularly employed by the District prior to the inception of the relationship, the adoption of this
policy, or a Board member’s election.

Legal References:
Marsh v. Hanover, 113 NH 667 (1973)
Atherton v. Concord, 109 NH 164 (1968)

Adopted: October 12, 1999
Revised: November 10, 2009, August 22, 2023

Recognition Of Organization And Operation Of The School Administrative Unit School Board

ASD File: BBBH
AUBURN SCHOOL DISTRICT
RECOGNITION OF ORGANIZATION AND OPERATION OF THE
SCHOOL ADMINISTRATIVE UNIT (SAU) SCHOOL BOARD

A. SAU School Districts: The School Districts of Auburn, Candia, and Hooksett shall constitute SAU #15.

B. SAU Board: The combined school boards of the School Districts.

C. Voting Rights:

RSA 189:45 Representation. Every School District maintaining one or more public
schools shall be entitled to three votes on the joint board of School Administrative Units,
plus additional votes as provided in RSA 189:46. Districts not maintaining schools shall
have one representative on said joint board who shall be entitled to one vote. Each
School District board member present shall be entitled to have a proportionate share of
the School District’s votes provided that the total votes per district shall be equally
divided among said district’s board members present and cast as each member present
decides on any issue.

RSA 189:46 Weighted Voting. In all votes regarding School Administrative Unit
affairs, including organizing of such unit school board and selection of officers, each
district shall be entitled to one additional vote for each 16 pupils residing in that district
and enrolled in schools under the administrative unit. A balance of eight or more
students shall entitle that district to one additional vote. Less than eight students would
have no net effect on a district’s vote. Enrollments shall be based in the average daily
membership, as determined by the Department of Education’s General Fall Report
(currently Form A12A).

A weighted vote can be called if requested by “a majority of the members of any board
present and voting in the School Administrative Unit.”

D. Powers and Duties: The SAU Board is empowered to:
1. Elect, when necessary, a Superintendent.

2. Act upon the Superintendent’s nominations for SAU professional staff.

3. Fix the salaries of all SAU personnel.

4. Adopt a budget for the expenses of the SAU.

5. Adopt policies affecting the SAU.

E. Vacancy on the Board: Any vacancy on the SAU Board shall be filled in accordance
with the statute governing the Board of the School District of the resigned member.

F. Election of SAU Professional Staff: When a vacancy occurs in the SAU professional
staff, the Superintendent shall establish a screening committee, and serve as its
Chairperson (except if the Superintendent’s position is being vacated).

G. Employment of Office Personnel: All other SAU personnel shall be recommended for
employment by their immediate supervisor and approved by the Superintendent of
Schools.

H. Meetings:
1. Annual: The SAU Board shall meet annually between April 1 and June 1 each year,
at a time and place fixed by the Chairperson. The Board shall organize by electing
the following officers:
a. Chairperson
b. Vice-Chair
c. Treasurer
d. Secretary
The Board shall elect the professional staff members for the next fiscal year and fix
the salaries of all SAU personnel.

2. Semi-Annual: The SAU Board shall hold a meeting between October 15 and
December 15 each year for the purpose of preparing a recommended budget for the
next fiscal year for the expenses of the SAU.

3. Budget Hearing – Public: There shall be held within the SAU, at a time and place
specified by the SAU Board Chairperson, a public hearing upon the recommended
budget. The SAU Board shall adopt a budget, following the public hearing, for the
next fiscal year.

4. Special Meetings: The SAU Board may hold special meetings at the call of the
Chairperson or at the request of any one of the member school boards.

5. Notification of Meetings and Procedure:
a. Except in emergencies, written notice of each meeting is expected from the
Superintendent’s Office well in advance of the appointed time and legally post in
accordance with RSA 91-A:2.
b. The public budget hearing shall be held in an appropriate facility centrally
located.
c. An agenda shall be prepared by the Superintendent of Schools for each board
member prior to the meeting. Items will not be included for action of the SAU
Board at a meeting unless submitted to the Superintendent of Schools four days
prior to the day of the meeting.
d. The SAU Board may go into executive session by a majority vote of the
members, in accordance with RSA 91-A:3.
e. A caucus of reasonable duration may be called by any one of the member school
boards. The SAU Board will recess while individual Boards are holding a caucus.

*I. Annual Audit: The SAU Board shall authorize an audit of the SAU accounts every other
year.

J. Non-Discriminatory Policy: The SAU Board does not discriminate on the basis of race,
religion, color, sex, age, marital status, disability, sexual orientation, or national origin in the
educational programs or activities which it operates and that are required by Titles VI and IX.

K. Administrative Authority: The Superintendent of Schools is the chief executive officer of
the School Districts and, in his/her absence, the Director of Curriculum, Instruction and
Assessment will act as deputy chief administrative officer with the same power and
responsibilities as vested in the Superintendent.

See also AA School District Legal Status

*To be decided by full SAU Board. Not required by law.

Adopted: November 27, 2001
Revised: August 22, 2023