THREE FORKS SCHOOL DISTRICT
1000 SERIES
THE BOARD OF TRUSTEES
TABLE OF CONTENTS

1000 Legal Status and Operation
1100 Organization
1105 Membership
1110 Taking Office
1111 Election
1112 Resignation
1113 Vacancies
1120 Annual Organization Meeting
1130 Committees
1210 Qualifications, Terms, and Duties of Board Officers
1230 Clerk
1240 Duties of Individual Trustees
1310 District Policy
1312 Administrative Procedures
1400 Board Meetings
1401 Records Available to Public
1420 School Board Meeting Procedure
1425 Abstentions from Voting
1441 Audience Participation
1511 Code of Ethics for School Board Members
1512 Conflict of Interest
1513 Management Rights
1520 Board/Staff Communications
1531 Trustee Expenses
1532 Trustee Insurance


The District is governed by a Board of Trustees consisting of five (5) members. The Board's powers and duties include the broad authority to adopt and enforce all necessary policies for the management and government of the public schools. Except as otherwise provided by law, trustees shall hold office for terms of three (3) years, or until their successors are elected and qualified. Terms of trustees shall be staggered as provided by law. All trustees shall participate on an equal basis with other members in all business transactions pertaining to the schools maintained by the District. Only those trustees elected from the elementary district may participate in business transactions pertaining to the elementary district maintained by the District. Official action by Board members must occur at a duly called and legally conducted meeting. "Meeting" is defined as the convening of a quorum of the constituent membership of the Board, whether in person or by means of electronic equipment, to hear, discuss, or act upon a matter over which the Board has supervision, control, jurisdiction, or advisory power. Board members, as individuals, have no authority over school affairs, except as provided by law or as authorized by the Board. Legal References: § 20-3-301, MCA Election and term of office § 20-3-302, MCA Legislative intent to elect less than majority of trustees § 20-3-305, MCA Candidate qualification and nomination § 20-3-306, MCA Conduct of election § 20-3-307, MCA Qualification and oath § 20-3-341, MCA Number of trustee positions in elementary districts – transition § 20-3-344, MCA Nominating of candidates by petition in first-class elementary district § 20-3-351, MCA Number of trustee positions in high school districts § 20-3-352, MCA Request and determination of number of high school district additional trustee positions – nonvoting trustee § 20-3-361, MCA Joint board of trustees organization and voting membership Policy History: Adopted on: April 13, 2004 Revised on:

1000 Legal Status and Operation The Board of Trustees of the Three Forks School District # J24 is the governmental entity established by the State of Montana to plan and direct all aspects of the District's operations, to the end that students shall have ample opportunity to achieve their individual and collective learning needs. The policies of the Board define the organization of the Board and the manner of conducting its official business. The Board's operating policies are those that the Board adopts from time to time to facilitate the performance of its responsibilities. Legal Reference: § 20-3-323, MCA District policy and record of acts § 20-3-324, MCA Powers and duties Policy History: Adopted on: April 13, 2004 Revised on:

1100 Organization The legal name of this District is Three Forks School District No. J-24, Gallatin County, State of Montana. The District is classified as a class 2 district and is operated according to the laws and regulations pertaining to a class 2 district. In order to achieve its primary goal of providing each child with the necessary skills and attitudes to become an effective citizen, the Board shall exercise the full authority granted to it by the laws of the state. Its legal powers, duties and responsibilities are derived from the Montana Constitution and state statutes and regulations. Sources such as the school laws of Montana, and the administrative rules of the Board of Public Education and the Office of Superintendent of Public Instruction delineate the legal powers, duties, and responsibilities of the Board. Legal References: § 20-3-324, MCA Powers and duties § 20-6-101, MCA Definition of elementary and high school districts § 20-6-201, MCA Elementary district classification § 20-6-301, MCA High school district classification Policy History: Adopted on: April 13, 2004 Revised on:

1110 Taking Office A newly-elected trustee shall take office as soon as the election results have been certified and the newly-elected trustee has taken and subscribed to an oath that he/she will faithfully and impartially discharge the duties of the office to the best of his/her ability. Such oath shall be filed with the county superintendent within fifteen (15) days after the receipt of the certificate of election. Legal Reference: § 20-1-202, MCA Oath of office § 20-3-307, MCA Qualification and oath Policy History: Adopted on: April 13, 2004 Revised on:

1111 Election Elections conducted by the District are non-partisan elections governed by the general election laws of the state of Montana, and include the election of Board members, various public policy propositions, and advisory questions. Board elections shall be held on the first (1st) Tuesday after the first (1st) Monday in May of each year. Any person who is a qualified voter of the District is legally qualified to become a trustee. Any 5 qualified electors may nominate as many trustee candidates as there are trustee positions subject to election at the ensuing election. The name of each person nominated for candidacy shall be submitted to the Clerk not less than forty (40) days before the regular school election day at which the person is to be a candidate. If there are different terms to be filled, the term for which each candidate is nominated shall also be indicated. Any person seeking to become a write-in candidate must file a declaration of intent on the 26th day before the election. If there are no contested seats, and there is no other reason for the election, the trustees may declare the election by acclamation and give notice no later than twenty-five (25) days before the election that an election will not be held. If the election is not held, the trustees shall declare the candidates elected by acclamation and issue a "certificate of election" to each candidate. Except in the event of an unforeseen emergency occurring on the date scheduled for the election, a proposition requesting additional funding pursuant to § 20-9-353, MCA, may be submitted to the electors only once each calendar year – on the regular school election day. Legal Reference: § 13-10-211, MCA Declaration of intent for write-in candidates § 20-3-304, MCA Annual election § 20-3-305, MCA Candidate qualification and nomination § 20-3-313, MCA Election by acclamation – notice § 20-3-322, MCA Meetings and quorum § 20-3-324(4), MCA Powers and duties § 20-3-344, MCA Nomination of candidates by petition in first-class elementary district § 20-20-105, MCA Regular school election day and special school elections § 20-20-301, MCA Qualifications of elector Policy History: Adopted on: April 13, 2004 Revised on:

1112 Resignation Resignation of a trustee, for whatever reason, must be submitted in writing to the Clerk. A resignation is effective seventy-two (72) hours after its submission unless withdrawn during that period by the resigner through written notification of withdrawal made to the Clerk. The Board shall accept the resignation at its next regularly scheduled meeting and proceed to fill the vacancy as provided by statute and Board policy. Trustees retiring from the Board may be recognized for their service to the District by presentation of a service plaque or other appropriate activities. Legal Reference: § 2-16-502, MCA Resignations § 20-3-308, MCA Vacancy of trustee position Policy History: Adopted on: April 13, 2004 Revised on:

1113 Vacancies Elective office of a Board member becomes vacant before the term's expiration when any of the following occurs: 1. death of the incumbent; 2. resignation, in writing, filed with the Clerk; 3. the incumbent moves his/her residence from the District; 4. the incumbent is no longer a registered elector of the District under the provisions of § 20-20-301, MCA; 5. the incumbent is absent from the District for sixty (60) consecutive days; 6. the incumbent fails to attend three (3) consecutive meetings of the trustees without a good excuse; 7. the incumbent has been removed under the provisions of § 20-3-310, MCA; or 8. the incumbent ceases to have the capacity to hold office under any other provision of the law. A trustee position also shall be vacant when an elected candidate fails to qualify. In the case of a trustee vacancy, the remaining trustees shall declare such position vacant and fill such vacancy by appointment. The Board will receive applications from any qualified persons seeking to fill the position after suitable public notice. The Board will appoint one (1) candidate to fill the position. Should the Board fail to fill a vacancy within sixty (60) days from the creation of such vacancy, the county superintendent shall appoint, in writing, a competent person to fill such vacancy. An appointee shall qualify by completing and filing an oath of office with the county superintendent within fifteen (15) days after receiving notice of the appointment and shall serve until the next regularly scheduled school election and his/her successor has qualified. Cross Reference: 1240 Duties of Individual Trustees Legal Reference: § 20-3-308, MCA Vacancy of trustee position § 20-3-309, MCA Filling vacated trustee position – appointee qualification and term of office Policy History: Adopted on: April 13, 2004 Revised on:

1105 Membership The District is governed by a Board of Trustees consisting of five (5) members. The Board's powers and duties include the broad authority to adopt and enforce all necessary policies for the management and government of the public schools. Except as otherwise provided by law, trustees shall hold office for terms of three (3) years, or until their successors are elected and qualified. Terms of trustees shall be staggered as provided by law. All trustees shall participate on an equal basis with other members in all business transactions pertaining to the schools maintained by the District. Only those trustees elected from the elementary district may participate in business transactions pertaining to the elementary district maintained by the District. Official action by Board members must occur at a duly called and legally conducted meeting. "Meeting" is defined as the convening of a quorum of the constituent membership of the Board, whether in person or by means of electronic equipment, to hear, discuss, or act upon a matter over which the Board has supervision, control, jurisdiction, or advisory power. Board members, as individuals, have no authority over school affairs, except as provided by law or as authorized by the Board. Legal References: § 20-3-301, MCA Election and term of office § 20-3-302, MCA Legislative intent to elect less than majority of trustees § 20-3-305, MCA Candidate qualification and nomination § 20-3-306, MCA Conduct of election § 20-3-307, MCA Qualification and oath § 20-3-341, MCA Number of trustee positions in elementary districts – transition § 20-3-344, MCA Nominating of candidates by petition in first-class elementary district § 20-3-351, MCA Number of trustee positions in high school districts § 20-3-352, MCA Request and determination of number of high school district additional trustee positions – nonvoting trustee § 20-3-361, MCA Joint board of trustees organization and voting membership Policy History: Adopted on: April 13, 2004 Revised on:

1120 Annual Organization Meeting After the issuance of the election certificates to the newly elected trustees in May, and on or before the third (3rd) Saturday in May, the Board shall elect from among its members a Chairman and a Vice-Chairman to serve one-(1)-year terms. If a Board member is unable to continue to serve as an officer, a replacement shall be elected immediately. In the absence of both the Chairman and the Vice-Chairman, the Board shall elect a Chairman pro tempore, who shall perform the functions of the Chairman during the latter's absence. The Clerk shall act as Board secretary. The normal order of business shall be modified for the annual organizational meeting by considering the following matters after the approval of the minutes of the previous meeting: 1. Welcome and introduction of newly-elected Board members by the current Chairman 2. Swearing in of newly-elected trustees. 3. Call for nominations for Chairman to serve during the ensuing year. 4. Election of a Chairman 5. Assumption of office by the new Chairman 6. Call for nominations for Vice-Chairman to serve during the ensuing year. 7. Election of a Vice-Chairman. 8. Appointment of a Clerk. Policies and Bylaws shall continue from year to year until and unless the Board changes them. Legal Reference: § 20-3-321, MCA Organization and officers § 20-3-322(a), MCA Meetings and quorum Policy History: Adopted on: April 13, 2004 Revised on:

1130 Committees Generally, the trustees will function as a committee of the whole and will not form subcommittees of the Board. Nevertheless the Board may create Board committees as deemed necessary. All committees created by the Board to serve a clear public and governmental purpose shall comply with the open meeting laws and all other laws applicable to school board meetings. Standing committees of the Board may be created and their purpose defined by a majority of the Board. The Board Chairman shall appoint trustees to serve on such committees. Board committees shall be limited to less than one-half (½) of the Board. Legal Reference: § 2-3-203, MCA Meetings of public agencies and certain associations of public agencies to be open to public – exceptions Bryan v. Yellowstone (2002), 2002 MT 264 Policy History: Adopted on: April 13, 2004 Revised on:

1210 Qualifications, Terms, and Duties of Board Officers The Board officers are the Chairperson and Vice-Chairperson. These officers are elected at the annual organizational meeting. Chairperson The Board elects a Chairperson from its members for a one-(1)-year term. The duties of the Chairperson are: Preside at all meetings and conduct meetings in the manner prescribed by the Board's policies; Make all Board committee appointments; Sign all papers and documents as required by law and as authorized by the action of the Board; and Close Board meetings as prescribed by Montana law. The Chairperson is permitted to participate in all Board meetings in a manner equal to all other Board members, including the right to participate in debate and to vote. The Chairperson may not make a motion, but may second motions. The Chairperson must be able to perform the functions of a trustee in all matters over which he/ she presides. Vice-Chairperson The Vice-Chairperson shall preside at all Board meetings in the absence of the Chairperson, and shall perform all of the duties of the Chairperson in case of the Chairperson's absence or disability. Legal Reference: § 2-3-203, MCA Meetings of public agencies and certain associations of public agencies to be open to public – exceptions § 20-3-321(2), MCA Organization and officers Policy History: Adopted on: April 13, 2004 Revised on:

1230 Clerk The Clerk of the Board shall attend all meetings of the Board, unless excused by the Chairman, and keep an accurate journal of its proceedings. The Clerk shall have custody of the records, books, and documents of the Board. In the absence or inability of the Clerk to attend a Board meeting, the Board will designate a person to serve as Clerk for the meeting. The Clerk will keep accurate and detailed accounts of all receipts and disbursements made by the District. The Clerk shall draw and countersign all warrants for expenditures that have been approved by the Board. The Clerk will make the preparations legally required for the notice and conduct of all District elections. The Clerk shall prepare and submit to the Board a financial report of receipts and disbursements of all school funds on an annual basis unless the Board requests such reports on a more frequent basis. The Clerk shall perform other duties as prescribed by state law or as directed by the Board and the Superintendent. Legal references: § 20-3-321, MCA Organization and officers § 20-3-325, MCA Clerk of the district § 20-4-201, MCA Employment of teachers and specialists by contract § 20-9-133, MCA Adoption and expenditure limitations of final budget § 20-9-165, MCA Budget amendment limitation, preparation, and adoption procedures § 20-9-221, MCA Procedure for issuance of warrants § 20-20-401, MCA Trustees' election duties – ballot certification Policy History: Adopted on: April 13, 2004 Revised on:

1240 Duties of Individual Trustees The authority of individual trustees is limited to participating in actions taken by the Board as a whole when legally in session. Trustees shall not assume responsibilities of administrators or other staff members. The Board or staff shall not be bound by an action taken or statement made by an individual trustee, except when such statement or action is pursuant to specific instructions and official action taken by the Board. Each trustee shall review the agenda and any study materials distributed prior to the meeting and be prepared to participate in the discussion and decision-making for each agenda item. Each trustee shall visit each school not less than once per year to examine its management, conditions, and needs. Each member is obligated to attend Board meetings regularly. Whenever possible, each trustee shall give advance notice to the Chairman or Superintendent, of the trustee's inability to attend a Board meeting. A majority of the Board may excuse a trustee's absence from a meeting if requested to do so. The Board shall declare a position vacant after three (3) consecutive unexcused absences from regular Board meetings or if the trustee has been absent from the District for sixty (60) consecutive days. Cross Reference: 1113 Vacancies Legal References: § 20-3-301, MCA Election and term of office § 20-3-308, MCA Vacancy of trustee position § 20-3-324(21), MCA Powers and duties § 20-3-332, MCA Personal immunity and liability of trustees Policy History: Adopted on: April 13, 2004 Revised on:

1310 District Policy Adoption and Amendment of Policies Proposed new policies and proposed changes in existing policies shall be presented in writing for reading and discussion at a regular or special Board meeting. Interested parties may submit views, present data or arguments, orally or in writing, in support of or in opposition to proposed policy. Any written statement by a person, relative to a proposed policy or amendment, should be directed to the District Clerk. All new or amended policies shall become effective upon adoption, unless a specific effective date is provided in the motion for adoption. Policies, as adopted or amended, shall be made a part of the minutes of the meeting at which action was taken and shall also be included in the District's policy manual. Policies of the District shall be reviewed annually by the Board. Policy Manuals The Superintendent shall develop and maintain a current policy manual which contains the policies of the District. Each administrator, as well as staff, students, and other residents, shall have ready access to the manual. All policy manuals distributed to anyone shall remain the property of the District and shall be subject to recall at any time. Suspension of Policies Under circumstances which require a waiver of a policy, the policy may be suspended by a majority vote of the members present. In order to suspend a policy, all trustees must have received written notice of the meeting, which included a proposal to suspend the policies and an explanation of the purpose of such proposed suspension. If such a proposal is not made in writing in advance of the meeting, the policies may only be suspended by a unanimous vote of all trustees present. Legal References: § 20-3-323, MCA District policy and record of acts 10.55.701, ARM Board of Trustees Policy History: Adopted on: April 13, 2004 Revised on:

1312 Administrative Procedures The Superintendent shall develop such administrative procedures as are necessary to ensure consistent implementation of policies adopted by the Board. When a written procedure is developed, the Superintendent shall submit it to the Board as an information item. Such procedures need not be approved by the Board, though they may be revised when it appears they are not consistent with the Board's intentions as expressed in its policies. On controversial topics, the Superintendent may request prior Board approval. Policy History: Adopted on: April 13, 2004 Revised on:

1400 Board Meetings Regular Meetings Unless otherwise specified, all meetings will be held in the Board Room. Regular meetings shall be held at 5 p.m. on the 2nd Tuesday of each month, or at other times and places determined by a majority vote. Except for an unforeseen emergency, meetings must be held in a school building or in a publicly owned building located within the District. If regular meetings are to be held at places other than the place stated above or are adjourned to times other than the regular meeting time, notice of the meeting shall be made in the same manner as provided for special meetings. When a meeting date falls on a legal holiday, the meeting shall be held on the next business day. Emergency Meetings In the event of an emergency involving possible personal injury or property damage, the Board may meet immediately and take official action without prior notification. Budget Meetings Between July 1st and August 4th of each year, the Clerk shall publish a notice stating the date, time, and place the trustees will meet for the purpose of considering and adopting the final budget of the District, stating that the meeting of the trustees may be continued from day to day until the final adoption of the District's budget, and stating that any taxpayer in the District may appear at the meeting and be heard for or against any part of the budget. This notice shall be published in the Three Forks Herald. On the date and at the time and place stated in the published notice (on or before August 15th), the trustees shall meet to consider all budget information and any attachments required by law. The meeting may continue from day to day; however, the Board must adopt the final budget not later than the fourth (4th) Monday in August. Special Meetings Special meetings may be called by the Chairman or by any two (2) trustees. A written notice of a special meeting, stating the purpose of the meeting, shall be delivered to each trustee not less than forty-eight (48) hours prior to the time of the meeting. Such written notice shall be posted conspicuously within the District in a manner that will receive public attention. Written notice shall also be sent not less than twenty-four (24) hours prior to the meeting, to each newspaper and radio or television station that has filed a written request for such notices. Business transacted at a special meeting will be limited to that stated in the notice of the meeting. Executive Sessions Under Montana law, the Board may hold closed or executive sessions to consider matters of individual privacy. Prior to closing the meeting, the presiding officer must determine that the demands of individual privacy exceed the merits of public disclosure. The Board may also close a meeting to discuss a strategy to be followed with respect to litigation, when an open meeting would have a detrimental effect on the litigating position of the District. This exception does not apply if the litigation involves only public bodies or associations as parties. Prior to closing a meeting for this purpose, it is recommended that the District obtain legal advice on the appropriateness of this action. No formal action shall take place during executive session. Legal Reference: § 2-3-103, MCA Public participation – governor to insure guidelines adopted § 2-3-104, MCA Requirements for compliance with notice provisions § 2-3-105, MCA Supplemental notice by radio or television § 2-3-201, MCA Legislative intent – liberal construction § 2-3-203, MCA Meetings of public agencies and certain associations of public agencies to be open to public – exceptions § 20-3-322, MCA Meeting and quorum § 20-9-131, MCA Final budget meeting 10.55.701, ARM Board of Trustees Policy History: Adopted on: April 13, 2004 Revised on: August 14, 2007

1401 Records Available to Public All District records except those restricted by state and federal law shall be available to citizens for inspection at the Clerk's office. In accordance with § 20-9-213(1), MCA, the record of the accounting of school funds shall be open to public inspection at any meeting of the trustees. A fee may be charged for any copies requested. Copies will be available within a reasonable amount of time following the request. A written copy of the Board's minutes shall be available to the general public within five (5) working days following approval of the minutes of the Board. If requested, one (1) free copy shall be provided to local press within five (5) working days following approval by the Board. Fees will be charged as follows: a) Copy of Board minutes - 15¢ per page b) Copy of other materials - 25¢ per page c) Time spent researching a copy project will be charged at the employee's hourly rate of pay. Legal Reference: § 20-3-323, MCA District policy and record of acts § 20-9-213, MCA Duties of trustees Policy History: Adopted on: April 13, 2004 Revised on:

1420 School Board Meeting Procedure Agenda The agenda for any Board meeting shall be prepared by the Superintendent. Items submitted by Board members to the Superintendent may be placed on the agenda. Citizens may also suggest inclusions on the agenda. Such suggestions must be received by the Superintendent at least 5 working days before the Board meeting, unless of immediate importance. Individuals who wish to be placed on the Board agenda must also notify the Superintendent, in writing, of the request. The request must include the reason for the appearance. If the reason for the appearance is a complaint against any District employee, the individual filing the complaint must demonstrate the Uniform Grievance Procedure step process has been followed. Citizens wishing to make brief comments about school programs or procedures or items on the agenda need not request placement on the agenda, and may ask for recognition by the Chairman at the appropriate time. The agenda must also include a "public comment" item in order to allow members of the general public to comment on any public matter under the jurisdiction of the district that is not specifically listed on the agenda, except that no member of the public will be allowed to comment on contested cases, other adjudicative proceedings, or personnel matters. The Board Chairman may place reasonable time limits on any "public comment" item in order to maintain and ensure effective and efficient operations of the Board. The District shall not take any action on any matter discussed, unless the matter is specifically noticed on the agenda, and the public has been allowed the opportunity to comment. Upon consent of the majority of the members present, the order of business at any meeting may be changed. Copies of the agenda for the current Board meeting, minutes of the previous Board meeting, and relevant supplementary information will be prepared and distributed to each Board member at least forty-eight (48) hours in advance of the Board meeting, and will be available to any interested citizen at the Superintendent's office twenty-four (24) hours prior to the Board meeting. An agenda for other types of Board meetings will be prepared if the circumstances necessitate an agenda. Consent Agenda To expedite business at a Board meeting, the Board approves the use of a consent agenda, which includes those items considered to be routine in nature. Any item which appears on the consent agenda may be removed by a member of the Board. It is strongly suggested that any Board member who wishes to remove an item from the consent agenda give advance notice in a timely manner to the Superintendent. The remaining items will be voted on by a single motion. The approved motion will be recorded in the minutes, including a listing of all items appearing on the consent agenda. Minutes The Clerk shall keep written minutes of all open Board meetings, which shall be signed by the Chairman and the Clerk. The minutes shall include: The date, time, and place of the meeting; The presiding officer; Board members recorded as absent or present; A summary of discussion on all matters discussed (including those matters discussed during the "public comment" section), proposed, deliberated, or decided, and a record of any votes taken; A detailed statement of all expenditures; Purpose of recessing to executive session; and Time of adjournment. When issues are discussed that may require a detailed record, the Board may direct the Clerk to record the discussion verbatim. Any verbatim record may be destroyed after the minutes have been approved, pursuant to § 20-1-212, MCA. Unofficial minutes shall be delivered to Board members in advance of the next regularly scheduled meeting of the Board. Minutes need not be read publicly, provided that Board members have had an opportunity to review them before adoption. A file of permanent minutes of Board meetings shall be maintained in the office of the Clerk, to be made available for inspection upon the request. A written copy shall be made available within five (5) working days following approval by the Board. Quorum No business shall be transacted at any meeting of the Board unless a quorum of the members is present. A majority of the full membership of the Board shall constitute a quorum, whether the individuals are present physically or present via a speaker telephone. A majority of the quorum may pass a resolution, except as provided in § 20-4-203(1), MCA, and § 20-4-401(4), MCA. Meeting Conduct and Order of Business General rules of parliamentary procedure are used for every Board meeting. Robert's Rules of Order may be used as a guide at any meeting. The order of business shall be reflected on the agenda. The use of proxy votes shall not be permitted. Voting rights are reserved to those trustees in attendance. Voting shall be by acclamation or show of hands. Cross Reference: 1441 Audience Participation Legal Reference: § 2-3-103, MCA Public participation - governor to ensure guidelines adopted § 2-3-212, MCA Minutes of meetings – public inspection § 20-1-212, MCA Destruction of records by school officer § 20-3-322, MCA Meetings and quorum § 20-3-323, MCA District policy and record of acts Policy History: Adopted on: April 13, 2004 Revised on:

1425 Abstentions from Voting Section 20-3-323(2), MCA, requires the minutes of each Board meeting to include the voting records of each trustee present. As a general rule of thumb, trustees should vote on all issues, unless casting a vote would be a violation of law. In accordance with Montana law, there are instances in which it would be unlawful or inappropriate for a trustee to cast a vote on a particular issue, including, but not necessarily limited to, the following: 1. When hiring the relative of a trustee; 2. When casting a vote would directly and substantially affect, to its economic benefit, a business or other undertaking in which the trustee either has a substantial financial interest or in which the trustee is engaged as counsel, consultant, representative, or agent; 3. When casting a vote would directly and substantially affect a business or other undertaking to its economic detriment, where a trustee has a substantial personal interest in a competing firm or undertaking; 4. When casting a vote would cause a trustee to have a pecuniary interest, either directly or indirectly, in a contract made by the trustee (while acting in the trustee's official capacity) or by the Board; 5. When casting a vote would put the trustee in the position of an agent or solicitor in the sale or supply of goods or services to the District. In addition, a trustee shall be allowed to abstain from voting in order to avoid the appearance of impropriety or the appearance of a perceived conflict. If a trustee abstains from voting, the abstention should be recorded in the minutes and may include an explanation of the reasons for the abstention. The Board discourages abstentions, unless the reasons are substantiated as provided herein. Legal Reference: § 2-2-302, MCA Appointment of relative to office of trust or emolument unlawful – exceptions – publication of notice § 20-3-323, MCA District policy and record of acts § 2-2-121, MCA Rules of conduct for public officers and public employees § 2-2-105, MCA Ethical requirements for public officers and public employees § 20-9-204, MCA Conflicts of interests, letting contracts, and calling for bids § 20-1-201, MCA School officers not to act as agents Policy History: Adopted on: April 13, 2004 Revised on:

1441 Audience Participation The Board recognizes the value of public comment on educational issues and the importance of involving members of the public in its meetings. The Board also recognizes the public's statutory and constitutional rights to participate in governmental operations. In order to permit fair and orderly expression of such comment, the Board will permit public participation through oral or written comments during the "public comment" section of the Board agenda and prior to a final decision on a matter of significant interest to the public. The Chairman may control such comment to ensure an orderly progression of the meeting. Individuals wishing to be heard by the Chairman shall first be recognized by the Chairman. Individuals, after identifying themselves, will proceed to make comments as briefly as the subject permits. The Chairman may interrupt or terminate an individual's statement when appropriate, including when statements are out of order, too lengthy, personally directed, abusive, obscene, or irrelevant. The Board as a whole shall have the final decision in determining the appropriateness of all such rulings. It is important for all participants to remember that Board meetings are held in public, but are not public meetings. Members of the public shall be recognized and allowed input during the meeting, at the discretion of the Chairman. Cross Reference: 1420 School Board Meeting Procedure Legal Reference: Article II, Section 8, Montana Constitution – Right of participation Article II, Section 10, Montana Constitution – Right of Privacy §§ 2-3-101, et seq., MCA Right of participation Policy History: Adopted on: April 13, 2004 Revised on:

1511 Code of Ethics for School Board Members AS A MEMBER OF MY LOCAL BOARD OF TRUSTEES, I WILL STRIVE TO IMPROVE PUBLIC EDUCATION, AND TO THAT END I WILL: Attend all regularly scheduled Board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings; Recognize that I should endeavor to make policy decisions only after full discussion at publicly held Board meetings; Render all decisions based on the available facts and my independent judgment, and refuse to surrender that judgment to individuals or special interest groups; Encourage the free expression of opinion by all Board members, and seek systematic communications between the Board and students, staff, and all elements of the community; Work with other Board members to establish effective Board policies and to delegate authority for the administration to the Superintendent; Recognize and respect the responsibilities that properly are delegated to the Superintendent; Communicate to the Superintendent expression of public reaction to Board policies, school programs, or staff; Inform myself about current educational issues, by individual study and through participation in programs providing needed information, such as those sponsored by the Montana and National School Boards Associations; Support the employment of those persons best qualified to serve as school staff and insist on regular and impartial evaluation of staff; Avoid being placed in a position of conflict of interest, and refrain from using my Board position for personal or partisan gain; Avoid compromising the Board or administration by inappropriate individual action or comments, and respect the confidentiality of information that is privileged under applicable law; Remember always that my first and greatest concern must be the educational welfare of the students attending public schools. Policy History: Adopted on: April 13, 2004 Revised on:

1512 Conflict of Interest A trustee may not: 1. engage in a substantial financial transaction for the trustee's private business purpose, with a person whom the trustee inspects or supervises in the course of official duties. 2. perform an official act directly and substantially affecting, to its economic benefit, a business or other undertaking in which the trustee either has a substantial financial interest or is engaged as counsel, consultant, representative or agent. 3. act as an agent or solicitor in the sale or supply of goods or services to a district. 4. have a pecuniary interest, directly or indirectly, in any contract made by the Board, when the trustee has more than a ten percent (10%) interest in the corporation. A contract does not include: 1) merchandise sold to the highest bidder at public auctions; 2) investments or deposits in financial institutions which are in the business of loaning or receiving money, when such investments or deposits are made on a rotating or ratable basis among financial institutions in the community or when there is only one (1) financial institution in the community; or 3) contracts for professional services other than salaried services or for maintenance or repair services or supplies when the services or supplies are not reasonably available from other sources, if the interest of any Board member and a determination of such lack of availability are entered in the minutes of the Board meeting at which the contract is considered. 5. be employed in any capacity by the District. 6. appoint to a position of trust or emolument any person related or connected by consanguinity within the fourth (4th) degree or by affinity within the second (2nd) degree. a. This prohibition does not apply to the issuance of an employment contract to a person as a substitute teacher who is not employed as a substitute teacher for more than thirty (30) consecutive school days. b. This prohibition does not apply to the renewal of an employment contract of a person who was initially hired before the Board member to whom he/she is related assumed the position. c. This prohibition does not apply if the trustees comply with the following requirements: 1) All trustees, except the trustee related to the person to be employed or appointed, vote to employ the related person; 2) the trustee related to the person to be employed abstains from voting; and 3) the trustees give fifteen (15) days written notice of the time and place of their intended action in a newspaper of general circulation in the county where the school is located. Degrees of Affinity Affinity is the legal relationship arising as the result of marriage. Relationship by affinity terminates upon the death of one of the spouses or other dissolution of marriage, except when the marriage has resulted in issue still living. Degrees of Consanguinity 4 Great Great Grandparent 3 5 Great Grandparent Great Great Uncle 2 4 6 Grandparent Great Uncle Child of Great Uncle 1 3 5 7 Parent Uncle Child of GG Uncle Grandchild of GG Uncle Appointing Power 2 4 6 8 Brother 1st Cousin 2nd Cousin 3rd Cousin 1 3 5 7 Child Nephew 1st Cousin 2nd Cousin once removed once removed 2 4 6 Grandchild Grand Nephew 1st Cousin twice removed 3 5 Great Grandchild Great Grand Nephew 4 Great Great Grandchild Degrees of Affinity 3 Great Grandfather-in-law 2 Grandfather-in-law 1 3 Father-in-law Uncle-in-law Spouse of 2 Appointing Brother-in-law Power 1 3 Step Child Nephew-in-law 2 Step Grandchild 3 Step Great Grandchild Policy History: Adopted on: April 14, 2004 Revised on:

1513 Management Rights The Board retains the right to operate and manage its affairs in such areas as but not limited to: 1. Direct employees; 2. Employ, dismiss, promote, transfer, assign, and retain employees; 3. Relieve employees from duties because of lack of work or funds under conditions where continuation of such work would be inefficient and non-productive; 4. Maintain the efficiency of District operations; 5. Determine the methods, means, job classifications, and personnel by which District operations are to be conducted; 6. Take whatever actions may be necessary to carry out the missions of the District in situations of emergency; 7. Establish the methods and processes by which work is performed. The Board reserves all other rights, statutory and inherent as provided by state law. The Board also reserves the right to delegate authority to the Superintendent for the ongoing direction of all District programs. Cross Reference: 6110 Superintendent Legal Reference: § 20-3-324, MCA Powers and duties § 39-31-303, MCA Management rights of public employers Policy History: Adopted on: April 13, 2004 Revised on:

1520 Board/Staff Communications Every reasonable means of communication is encouraged throughout the education community. Nevertheless, an organization must maintain some order and structure to promote efficient and effective communications. Staff Communications to the Board All official communications or reports to the Board, from principals, supervisors, teachers, or other staff members, shall be submitted through the Superintendent. This shall not deny any staff member's right to appeal to the Board from administrative decisions, provided that the Superintendent shall have been notified of the forthcoming appeal and that it is processed according to the applicable procedures for complaints and grievances. Board Communications to Staff All official communications, policies, and directives of staff interest and concern will be communicated to staff members through the Superintendent. The Superintendent will employ all such media as are appropriate to keep staff fully informed of the Board's concerns and actions. Visits to Schools In accordance with Montana statutes, each trustee shall visit each school of the District not less than once each school fiscal year to examine its condition and needs. Individual Board members interested in visiting schools should, out of courtesy, make arrangements for visitations through the principals of the various schools. Such visits shall be regarded as informal expressions of interest in school affairs and not as "inspections" or visits for supervisory or administrative purposes. Social Interaction Staff and Board members share a keen interest in the schools and education. When they meet at social affairs and other functions, informal discussion on such matters as educational trends, issues, and innovations and general District problems can be anticipated. Discussions of personalities or staff grievances are not appropriate. Legal Reference: § 20-3-324(21), MCA Powers and duties Policy History: Adopted on: April 13, 2004 Revised on:

1531 Trustee Expenses Expenses for Board Members - In-District A trustee shall not receive remuneration for service as a trustee. Trustees living more than three (3) miles from the meeting place shall be entitled to mileage at the rate stipulated in § 2-18-503, MCA, for each mile of travel from their homes to the meeting place for each meeting of the Board or for any meeting called by the County Superintendent. Reimbursement may be paid as the travel is assumed or may accumulate until the end of the fiscal year, at the discretion of the trustee. Expenses for Board Members at Out-of-District Meetings Trustees normally attend workshops, training institutes, and conferences at both the state and national level. It is appropriate that trustee expenditures at these out-of-District meetings be paid by the District. It is the intent of the District to pay all legitimate costs for trustees to attend out-of-District meetings, at the established rates for reimbursement set by the District: 1. Transportation as approved by the Board. 2. On-site transportation during the course of the meeting, i.e., bus, taxi, or rental car. 3. Hotel or motel costs for trustee, as necessary. 4. Food costs as necessary. 5. Telephone services shall be provided for necessary communications with business or family, resulting from the trustee being away from Three Forks. 6. Incidental expenditures for tips and other necessary costs attributable to the trustee's attendance at the meeting. The District will not reimburse or pay for such items as liquor, expenses of a spouse, separate entertainment, or other unnecessary expenditures. Cross Reference: 7336 Travel Allowances and Expenses Policy History: Adopted on: April 13, 2004 Revised on:

1532 Trustee Insurance The District shall maintain sufficient insurance to protect the Board and its individual members against liability arising from actions of the Board or its individual members while each is acting on behalf of the District and within the trustee's authority. Legal Reference § 20-3-331, MCA Purchase of insurance – self-insurance plan § 20-3-332, MCA Personal immunity and liability of trustees Policy History: Adopted on: April 13, 2004 Revised on:


School Policy