The board is authorized to govern the school district which it oversees.  The board is entrusted with public funds and is responsible for overseeing the improvement of student outcomes, including student academic achievement and skill proficiency.  As the governing board of the school district, the board has three duties to perform:  legislative duty, executive duty and evaluative duty.

As a representative of the citizens of the school district community, the board is responsible for legislating policy for the school district.  As a policy making body, the board has jurisdiction to enact policy with the force and effect of law for the management and operation of the school district.

It is the responsibility of the board, under the board’s executive duty, to select its chief executive officer, the superintendent, to operate the school district on the board’s behalf.  The board delegates to the superintendent its authority to carry out board policy, to formulate and carry out rules and regulations and to handle the administrative details in a manner which supports and is consistent with board policy.

The board has a responsibility to review the education program’s performance under its evaluative duty.  The board regularly reviews the education program and ancillary services.  The review includes a careful study and examination of the facts, conditions and circumstances surrounding the amount of funds received or expended and the education program’s ability to achieve the board’s educational philosophy and goals for the school district.

 

 

Legal Reference:        
(Code of Iowa)

Date of Adoption:
May 12, 1975

Date of Review:
August 9, 2021

 

The Board of Education of the Algona Community School District derives its legal status from the constitution of the State of Iowa and the statutes enacted by the Iowa General Assembly. A Board of Education may establish additional rules and regulations that are not in conflict with the laws of the State or our Nation.

The Board of Education can transact business which is legally binding on the District only when it is in regular or special session with a quorum present and its proceedings recorded in the minutes of the meeting.

The Board of Education retains full legislative and judicial authority over the schools in accordance with the school laws and the expressed will of the electorate, but delegates all executive, supervisory, and instructional authority to its employees as hereinafter specified. Legislative service under the law implies the power and the obligation to contract for service and materials, the power to inspect, the power to pass judgment upon employees and their work, and power to veto acts of any or all employees when such acts are deemed contrary to the legal rights or obligations of the District, or inconsistent with established Board policies.

While the Board of Education is charged by the State with the responsibility for providing educational opportunities for the children of its schools and directing those public school activities which the State entrusts to its care and supervision, a carefully planned pattern of authority is observed by the Board.

In fulfilling its obligations, the Board acts similarly in its relationships to the schools as do Boards of Directors to successful business organizations; that is, through the power of legislation, by the determination of policies, and the evaluation of results. The direct  administration of the school system is delegated to the Superintendent of Schools whom the Board appoints to act as Executive Officer of the Board. The Superintendent is held individually and directly responsible to the Board for the execution of all its policies and its legislations and for such other duties assigned to the Superintendent by the Board. Individual members have status as Board members only when acting formally as members of the Board while it is in regular or special session, or when specifically entrusted by the Board to carry out definite assignments.

 

 

Legal Reference:        
(Code of Iowa)

Date of Adoption:                 
May 12, 1975

Date of Review:
December 14, 2020

 

The school election takes place on the second Tuesday in September of odd-numbered years.  Each biennial school election is used to elect citizens to the board to maintain a 7 member board and to address questions that are submitted to the voters.

Citizens of the school district seeking a seat on the board must file their nomination papers with the board secretary, or the board secretary’s designee, between sixty-four and forty days before the school election unless otherwise directed.

If a vacancy occurs on the board, it may be filled by appointment within 30 days of the vacancy.

If the board does not fill the vacancy by appointment, the board secretary will call a special election to fill the vacancy.  Candidates for a seat created by a vacancy must file their nomination papers 25 days before the special election.

It is the responsibility of the county commissioner of elections to conduct school elections.

 

 

Legal Reference:         
(Code of Iowa)
Chapter 277.1 - 277.32

Date of Adoption:
May 12, 1975                        

Date of Review:
December 14, 2020

 

Board members must be able to make decisions objectively.  It shall be a conflict of interest for a board member to receive direct compensation from the school district, unless exempted in this policy, for anything other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of official duties.  It shall not be a conflict of interest for board members to receive compensation from the school district for contracts to purchase goods or services if the benefit to the board member does not exceed $20,000 in a fiscal year or if the contracts are made by the board, upon competitive bid in writing, publicly invited and opened.

It shall also be a conflict of interest for a board member to engage in any outside employment or activity which is in conflict with the board member’s official duties and responsibilities.  In determining whether outside employment or activity of a board member creates a conflict of interest, situations in which an unacceptable conflict of interest shall be deemed to exist shall include, but not be limited to, any of the following:

1. The outside employment or activity involves the use of the school district’s time, facilities, equipment and supplies or the use of the school district badge, uniform, business card or other evidence of office to give the board member or member of the board member’s immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public.  For purposes of this section, a person is not “similarly situated” merely by being related to a board member.

2. The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the board member or a member of the board member’s immediate family from anyone other than the state of the school district for the performance of any act that the board member would be required or expected to perform as part of the board member’s regular duties or during the hours in which the board member performs service or work for the school district.

3. The outside employment or activity is subject to the official control, inspection, review, audit, or enforcement authority of the board member, during the performance of the board member’s duties of office or employment.

If the outside employment or activity is employment or activity in (1) or (2) above, the board member must cease the employment of or activity.  If the activity or employment falls under (3), then the board member must:

• Cease the outside employment or activity;
• Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity.  Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.

It shall be the responsibility of each board member to be aware of an actual or potential conflict of interest.  It shall also be the responsibility of each board member to take the action necessary to eliminate such a conflict of interest.  Should a conflict of interest arise, a board member should not participate in any action relating to the issue from which the conflict arose.

 

 

Legal Reference:        
(Code of Iowa)
Chapter 71.1, 277.27, 279.7A, 301.28

Date of Adoption:
May 12, 1975 

Date of Review:
August 8, 2022

 

1. A CREED FOR BOARD MEMBERS:

• I will listen.
• I will recognize the integrity of my predecessors and associates and the merits of their work.
• I will be motivated only by a desire to serve the students and the citizens of my area.
• I will recognize that it is my responsibility together with the other Board Members to see that the educational system is properly run - not to run it myself.
• I will work through the administrative employees of the Board and not over or around them.
• I will recognize that Board business may be legally transacted only in open meetings legally called.
• I will inform myself on the proper duties and functions of a Board Member.

2. IN PERFORMING THE FUNCTIONS OF A BOARD MEMBER:

• I will deal in terms of general educational policies.
• I will function in meeting the legal responsibility that is mine, as a part of a legislative, policy-forming body.
• I will consider myself a trustee of public education and will attempt to protect and conserve it.

3. IN MAINTAINING DESIRABLE RELATIONS WITH OTHER MEMBERS OF THE BOARD:

• I will respect the opinions of others.
• I will give the Superintendent of Schools authority commensurate with his/her responsibility.
• I will expect the schools to be administered by the best trained technical and professional personnel it is possible to procure.
• I will insist that committees be appointed to serve only in an investigating and advisory capacity.
• I will consider unethical and will thus avoid star chamber or secret sessions of Board Members held without presence of the administration.

4. IN MEETING MY RESPONSIBILITY TO THE AREA:

• I will attempt to appraise fairly both the present and the future educational needs of the area.
• I will be aware that student needs are not confined to the development of vocational skills and I will support programs with broad educational goals in addition to specialized courses.
• In considering the needs of the students of the area I will not be provincial in my thinking, but will realize that their opportunities will transcend the borders of the area and I will support program offerings accordingly.
• I will attempt to procure adequate financial support for educational facilities and program.
• I will interpret to the Superintendent of Schools as best I can the needs and attitudes of the area.
• I will consider it an important responsibility of the Board to interpret the aims and methods of the educational program and the materials used in them to the people of the area.
• I will insist that business transactions of the organization be on an ethical, open and above-board basis.

5. IN WORKING WITH THE EXECUTIVE OFFICER AND HIS/HER STAFF:

• I will hold the Superintendent of Schools responsible for the administration of the schools in accordance with the policies established by the Board.
• I will appoint employees only on the recommendation of the Superintendent of Schools.
• I will participate in Board legislation only after considering the recommendation of the Superintendent and only after the Superintendent has furnished complete information supporting the recommendation.
• I will expect the Superintendent of Schools to keep the Board of Directors adequately informed at all times through both oral and written reports.
• I will expect to spend more time in Board meetings on educational problems and procedures than on business detail.
• I will give the Superintendent of Schools friendly counsel and advice.
• I will refer all complaints to the proper administrative officer or insist that they be presented in writing to the Board as a whole through the Superintendent of Schools.
• I will present any personal criticisms of employees to the Superintendent of Schools.
• I will recognize that authority rests with the Board in legal session - not in individual members of the Board.
• I will make no disparaging remarks in or out of meetings about other members of the Board or their opinions.
• I will recognize that to promise in advance of a meeting how I will vote on any proposition which is to be considered is to close my mind and agree not to think through other facts and points of view which may be presented in the meeting.
• I will make decisions in Board meetings only after all sides of the question have been presented.

6. TO COOPERATE WITH OTHER SCHOOL BOARDS:

• I will not help to elect a superintendent, principal, or teacher who is already under contract with another school without first securing assurance from the proper authority that the person can be released from contract.
• I will consider it unethical to bid for the services of a teacher or pursue any procedure calculated to embarrass a neighboring Board or superintendent.
• I will not recommend a teacher for a position in another school unless I would employ said teacher under similar circumstances.
• I will answer all inquiries about the standing and ability of a teacher to the best of my knowledge and judgment, with complete frankness, being careful not to overpraise nor to be unduly critical.
• I will associate myself with school Board members of other districts, both personally and in conferences, for the purpose of discussing school problems and cooperating in the improvement of public school conditions.

 

 

Legal Reference:                 
(Code of Iowa)

Date of Adoption:                                                      
May 12, 1975

Date of Review:
December 14, 2020

 

Board members will not be held personally liable for actions taken in the performance of their duties and responsibilities vested in them by the laws of Iowa and the members of the school district community.  In carrying out the duties and responsibilities of their office, board members will act in good faith.

The school district will defend, save harmless and indemnify board members against tort claims or demands, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of their official duties, unless the act constitutes a willful or wanton act or omission.  The school district, however, cannot save harmless or indemnify board members for punitive damages.

 

 

Legal Reference:         
Wood v. Strickland, 420 U.S. 308 (1975).
42 U.S.C. §§ 1983, 1985 (2012).
Iowa Code ch. 670 (2013).
Legal Reference: (Code of Iowa)
Chapter 71.1, 277.27, 279.7A, 301.28

Date of Adoption:
June 13, 2016

Date of Review:
December 14, 2020

 

It is the responsibility of the board to employ legal counsel to assist the board and the administration in carrying out their duties with respect to the numerous legal issues confronting the school district.  The board may appoint legal counsel at its annual meeting.

The superintendent and board secretary will have the authority to contact the board's legal counsel on behalf of the board when the superintendent or board secretary believes it is necessary for the management of the school district.  The board president may contact and seek advice from the school board's legal counsel.  The board's legal counsel will attend both regular and special school board meetings upon the request of the board or the superintendent.  Board members may contact legal counsel upon approval of a majority of the board.  It is the responsibility of each board member to pay the legal fees, if any, of an attorney the board member consulted regarding matters of the school district unless the board has authorized the board member to consult an attorney on the matter.

It is the responsibility of the superintendent to keep the board informed of matters for which legal counsel was consulted, particularly if the legal services will involve unusual expense for the school district.

 

 

Legal Reference:         
Bishop v. Iowa State Board of Public Instruction,
395 N.W.2d 888 (Iowa 1986).
Iowa Code § 279.37 (2013).

Date of Adoption:                 
May 12, 1975

Date of Review:
December 14, 2020

 

Whenever the board deems it necessary, the board may appoint a committee composed of citizens, employees or students to assist the board.  Committees formed by the board are ad hoc committees.

An ad hoc committee may be formed by board resolution which will outline the duties and purpose of the committee.  The committee is advisory in nature and has no duty or responsibility other than that specifically stated in the board resolution.  The committee will automatically dissolve upon the delivery of its final recommendation to the board or upon completion of the duties outlined in the board resolution.  The board will receive the report of the committee for consideration.  The board retains the authority to make a final decision on the issue.  The committee may be subject to the open meetings law.

The method for selection of committee members will be stated in the board resolution.  When possible, and when the necessary expertise required allows, the committee members will be representative of the school district community and will consider the various viewpoints on the issue.  The board may designate a board member and the superintendent to serve on an ad hoc committee.  The committee will select its own chairperson, unless the board designates otherwise.

 

 

Legal Reference:        
Iowa Code §§ 21; 279.8; 280.12(2) (2013).
281 I.A.C. 12.3(3), .3(8); .5(8).
O.A.G., Nov. 18, 1993

Date of Adoption:                 
May 12, 1975

Date of Review:
December 14, 2020

 

A gathering of a majority of board members in which deliberation of an issue within the jurisdiction of the board takes place is a board meeting.  A gathering for the purpose of social or ministerial action will not constitute a board meeting unless a discussion of policy takes place.  Meetings of the board will be conducted in an open meeting unless a closed session is authorized by law or the meeting is exempt from the open meetings law.

 

 

Legal Reference:        
Iowa Code §§ 21, 279.1-.2 (2013).
1982 Op. Att'y Gen. 162.
1980 Op. Att'y Gen. 167.

Date of Adoption:
June 13, 2016

Date of Review:
December 14, 2020

 

 

Generally, board meetings will be open meetings, unless a closed session or exempt meeting is provided for by law.  The board will hold a closed session or exempt meeting in the situations stated below.

Exceptions to the Open Meetings Law

Closed sessions take place as part of an open meeting.  The item for discussion in the closed session will be listed as part of the tentative agenda on the public notice.  The motion for  a closed session, stating the purpose for the closed session, will be made and seconded during the open meeting.  A minimum of two-thirds of the board, or all of the board members present, must vote in favor of the motion on a roll call vote.  Closed sessions will be tape recorded and have detailed minutes kept by the board secretary.  Final action on matters discussed in the closed session will be taken in an open meeting.

The minutes and the tape recording will restate the motion made in the open meeting, the roll call vote, the members present, and the time the closed session began and ended.  The tape recordings and the written minutes will be kept for one year from the date of the meeting.  Real estate related minutes and tapes will be made public after the real estate transaction is completed.

The detailed minutes and tape recording will be sealed and will not be public records open to public inspeciton.  The minutes and tape recording will only be available to board members or opened upon court order in an action to enforce the requirements of the open meetings law.  The board has complete discretion as to whom may be present at a closed session.

Reasons for the board entering into a closed session from an open meeting include, but are not limited to, the following:

1. To review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for the board’s possession or receipt of federal funds.

2. To discuss strategy with legal counsel in matters presently in litigation, or where litigation is imminent, if disclosure would be likely to prejudice or disadvantage the board.

3. To discuss whether to conduct a hearing, or conduct  a hearing for suspension or expulsion of a student, unless an open meeting is requested by the student or the parent of the student.

4. To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when a closed session is necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.

5. To discuss the purchase or sale of particular real estate, but only when premature disclosure could be reasonably expected to increase the price the board would have to pay for the property, or in case of a sale reduce the price the board could receive for the property.

Exemptions to the Open Meetings Law

Board meetings at which a quorum is not present, or gatherings of the board for purely ministerial or social purposes when there is no discusion of policy or no intent to avoid the purposes of the open meeting law, are exempt from the open meetings law requirements.  Since gatherings of this type are exempt from the open meetings requirements, they can be held without public notice, be separate from an open meeting, be held without taping the gathering or taking minutes, and be held without a vote or motion.  The board may also hold an exempt session for the following:

1. Negotiating sessions, strategy meetings of public employers or employee organizations, mediation and the deliberative process of arbitration;

2. To discuss strategy in matters relating to employment conditions of employees not covered by the collective bargaining law;

3. To conduct a private hearing relating to the recommended termination of a teacher’s contract.  The private  hearing however, in the teacher’s contract termination will be recorded verbatim by a court reporter; and

4. To conduct a private hearing relating to the termination of a probationary administrator’s contract or to review the proposed decision of the administrative law judge regarding the termination of an administrator’s contract.

 

 

Legal Reference:        
Iowa Code §§20.17; 21; 22.7; 279.15, .16, .24 (2011).
1982 Op. Att’y Gen. 162
1980 Op. Att’y Gen. 167
1976 Op. Att’y Gen. 384, 514, 765
1972 Op. Att’y Gen. 158
1970 Op. Att’y Gen. 287

Approved:   
October 10, 2011

Date Reviewed:   
December 14, 2020

 

 

The board recognizes the importance of citizen participation in school district matters.  In order to assure citizens are heard and board meetings are conducted efficiently and in an organized manner, the board will set aside a specific time for public comment.  

Public Comment During Board Meetings

Citizens wishing to address the board during public comment must notify the board secretary prior to the board meeting. The board president will recognize these individuals to make their comments at the appropriate time during public comment.  Citizens wishing to present petitions to the board may also do so at this time.  The board however, will only receive the petitions and not act upon them or their contents.  

The board has the discretion to limit the amount of time set aside for public participation.  Normally, speakers will be limited to 5 minutes.  However, the board president may modify this time limit, if deemed appropriate or necessary.  Public comment is a time set aside for community input, but the board will not discuss or take any action on any matter during public comment.  

Public comment shall be limited to regular board meetings and will not be routinely held during special board meetings.  

Petitions to Place a Topic on the Agenda

Individuals who wish for an item to be placed on the board agenda may submit a valid petition to the board.  For a petition to be valid, it must be signed by at least 500 eligible electors of the district, or ten percent of the individuals who voted in the last school election, whichever number is lower. 

Upon receiving a valid petition to the board to place a proposal on the next board agenda for public hearing, the board will place the proposal identified in the petition on the agenda of the next regular meeting, or a special meeting held within 30 days of receipt of the petition.  The board will provide a sign-up sheet for all individuals who wish to speak on the proposal, and individuals will be called to speak in order of sign-up.  The sign-up sheet will require each individual to list their legal name and mailing address.  Each speaker will be limited to an amount of time established by the board president that is reasonable and necessary based on the number of speakers signed up.  The same time limit will apply to all speakers on the proposal.  Each individual will be limited to one opportunity to speak. The board maintains absolute discretion on whether or not to discuss or act on the public comments made on the proposal. If a petition is related to curriculum, the district maintains discretion to determine whether to stop teaching that curriculum until the board holds the public hearing to discuss the curriculum.  

The board has a significant interest in maintaining the decorum of its meetings, and it is expected that members of the public and the board will address each other with civility.  The orderly process of the board meeting will not be interfered with or disrupted by public comment.  Only individuals recognized by the board president will be allowed to speak.  Comments by others are out of order.  If disruptive, the individual causing disruption may be asked to leave the board meeting.  Defamatory comments may be subject to legal action.  
 

NOTE: This policy must be displayed on the district’s website to comply with the district’s legal requirements on transparency.

 

NOTE: Boards need to make the determination how best, to involve the public in their board meetings.  Boards that follow other practices for allowing the public to participate in board meetings should amend this policy to reflect their practice.

 

Legal Reference:

Iowa Code §§ 21; 22; 279.8, 279.8B

Date of Adoption:                 
June 8, 1981

Date of Review:
August 9, 2021

August 14, 2023

REVISED:

August 14, 2023

 

Public hearings may be held on school district matters at the discretion of the board.  Public notice of a public hearing will be in the same manner as for a board meeting except that the notice will be given at least ten days before the hearing is to be held unless it is impossible or impractical to do so, or the law requires otherwise.

At public hearings, citizens of the district who register at the door will be allowed to speak on the issue for which the public hearing is being held.  Others may be allowed to speak at the board's discretion.  Speakers are asked to keep their remarks as brief as possible.  Prior to the beginning of the hearing, speakers and spectators will be apprised of the rules of order to be followed regarding time limitations, questions, remarks and rebuttals.  In no event will a speaker be allowed to take the time of another speaker.

The board will conduct public hearings in an orderly fashion.  At the beginning of the hearing, statements, background materials and public hearing rules and procedures will be presented by the board president.  The board president will recognize the speakers.  A board member may ask questions of the speakers after receiving permission from the board president.  Only those speakers recognized by the chair will be allowed to speak.  Comments by others are out of order.  Individuals who interfere with or interrupt speakers, the board or the proceedings will be asked to leave.

 

 

Legal Reference:         
Iowa Code §§ Ch. 21; 26.12;
Ch. 24; 279.8, .10; 297.22 (2013).

Date of Adoption:                                          
June 13, 2016

Date of Review:                                          
December 14, 2020

 

Since the official minutes of the board are the only legal record, it is important that they be recorded with extreme care and completeness.  The board secretary will follow the following guidelines in writing board minutes:

With respect to content, the minutes should show the following:

1. The place, date, and time of each meeting.
2. The type of meeting--regular, special, emergency, work session.
3. Members present and members absent, by name.
4. The call to order and adjournment.
5. The departure of members by name before adjournment.
6. The late arrival of members, by name.
7. The time and place of the next meeting.
8. Approval, or amendment and approval, of the minutes of the preceding meeting.
9. Complete information as to each subject of the board's deliberation and the action taken.
10. The maker and seconder of the motion, what action was taken, and the vote on the motion detailed enough to attribute a vote to each member present.
11. Complete text of all board resolutions, numbered consecutively for each fiscal year.
12. A record of all contracts entered into, with the contract documents kept in a separate file.
13. A record of all change orders on construction contracts.
14. All employment changes, including resignations or terminations.
15. A record, by number, of the bills of account approved by the board for payment.
16. A record of all calls for bids, bids received, and action taken thereon.
17. Approval of all transfers of funds from one budgetary fund to another.
18. Important documents forming a part of a motion should be made a part of the minutes by exhibit and placed in the minute book along with the minutes.
19. Board policy and administrative guides should be made a part of the minutes by exhibit.
20. Adoption of textbooks and establishment of bus routes by the board for the school year as well as the school calendar should become a part of the minutes.
21. Approval or disapproval of open enrollment requests with justification for disapproval or approval after the deadline.
22. A record of all delegations appearing before the board and a record of all petitions.
23. At the annual meeting each year the record should indicate that the books of the treasurer and secretary and the Certified Annual Report have been examined and approved subject to audit.
24. The election or appointment of board officers.
25. The appointment of auditors to examine the books. 

At the annual or organizational meeting, in odd numbered years, the minutes should reflect the following:

   26. Appointment of a temporary chairperson if not specified in policy.
   27. Oath of office administered to newly elected board members.
   28. Nominations taken for the office of president and vice-president.
   29. Election of the president and vice-president, the votes and the oath of office administered to the president and vice-president.
   30. The resolution to pay bills when the board is not in session.
   31. A resolution to automatically disburse payroll along with a roster of all employees under contract.
   32. A resolution naming depositories along with the maximum deposit for each depository.
   33. Resolution authorizing the use of a check protector and signer and the proper control of the signer.
   34. Motion designating a member or a committee to examine the bills of account for a designated period of time on a rotation basis if desired

 

 

Legal Reference:        
(Code of Iowa)
Chapters 21.3, 279.35, 291.6

Date of Adoption:                                          
May 12, 1975                                                 

Date of Review:
December 14, 2020

 

Board members may receive a gift on behalf of the school district.  Board members shall not, either directly or indirectly, solicit, accept or receive a gift, series of gifts or an honorarium unless the donor does not meet the definition of "restricted donor" stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below.

A "restricted donor" is defined as a person or other entity which:

• Is seeking to be or is a part to any one or any combination of sales, purchases, leases or contracts to, from or with the school district;
• Will be directly and substantially affected financially by the performance or nonperformance of the board member's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or
• Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.

A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received.  However, "gift" does not include any of the following:

• Contributions to a candidate or a candidate's committee;
• Information material relevant to a board member's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;
• Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
• An inheritance;
• Anything available or distributed to the general public free of charge without regard to the official status of the board recipient;
• Items received from a charitable, professional, educational or business organization to which the board member belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;
• Actual expenses of a board member for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the board member has participation or presentation responsibilities;
• Plaques or items of negligible resale value given as recognition for public service;
• Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;
• Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business
• or educational conference, seminar or other meeting or solicited by or given to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;
• Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference,
• seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political
• subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
• Funeral flowers or memorials to a church or nonprofit organization;
• Gifts which are given to a public official for the public official's wedding or twenty-fifth or fiftieth wedding anniversary;
• Payment of salary or expenses by a board member's employer or the firm in which the board member is a member for the cost of attending a meeting of a subunit of an agency when the board member whose expenses are being paid serves on a board, committee, council or other subunit of the agency and the board member is not entitled to receive compensation or reimbursement of expenses from the school district;
• Gifts other than food, beverages, travel and lodging received by a board member which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the board member; or
• Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions.  The costs of food, drink, lodging and travel are not "registration costs" under this paragraph.  Meetings or sessions which a public official or public board member attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

An "honorarium" is anything of value that is accepted by, or on behalf of, a board member as consideration for an appearance, speech or article.  An honorarium does not include any of the following:

• Actual expenses of an board member for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the board member has participation or presentation responsibilities;
• A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa Department of General Services; or
• A payment made to a board member for services rendered as part of a private business, trade or profession in which the board member is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as a board member of the district, but, rather, because of some special expertise or other qualification.

It shall be the responsibility of each board member to know when it is appropriate to accept or reject gifts or an honorarium.

 

 

Legal Reference:        
(Code of Iowa)
Chapter 68B (1993);
Iowa Code Supp. Chapter 68B (1993);
1972 Op. Att'y Gen. 276; and
1970 Op. Att'y Gen. 319

Date of Adoption:
April 10, 1995

Date of Review:
December 14, 2020