| Advisory Committees to the Board |
Purpose. To provide guidelines for advisory committees established by the School Board of Palm Beach County (Board) to advise the Board on specific issues pertaining to Palm Beach County public schools.
Policy Statement. The Board believes that the Palm Beach County School District (School District) is strengthened when communities are actively engaged in the education process. In support of this belief, the Board is committed to providing opportunities for responsible community participation in the operation of the school system. Advisory committees provide one means to achieve this objective and allow interested community members to become more effectively involved in the educational process.
Establishment of Committees. Advisory committees may be created to advise the Board on specific matters as determined by the Board. All committees shall be created by written charter and no advisory committee charter shall conflict with the charter of any other advisory committee created to advise the Board. This policy governs board advisory committees unless a specific policy governing the committee contains contrary language, in which event the specific policy controls and supersedes this policy. All charters shall include the following:
An explicit statement of the committee's mission or charge which establishes the committee's advisory role.
Qualifications for membership on the committee, if the Board desires certain qualifcations and/or experiences as a pre-conditions for appointment to an advisory committee.
Other matters as determined by the Board.
Appointment, Term and Removal of Committee Members. The following provisions shall govern the appointment, term of office and removal of members to advisory committees, unless otherwise provided in such policy governing the advisory committee. Such committees shall be advisory only and committee members shall serve in a voluntary capacity.
Appointment. Each member of the School Board shall designate an appointment to an advisory committee, or shall appoint a member(s) to an advisory committee consistent with this policy and any membership qualifications as specifically set out in the advisory committee's policy. The School Board will endeavor to appoint advisory committees representative of the diversity of the District.
Membership by Organization. In cases where the Board has determined membership on an advisory committee will be by organization, the organization will be requested to submit nominees for vacancies. However, the final selection of membership remains the responsibility of the School Board.
Committee Form. Any person appointed to an advisory committee, whether by an appointment of a Board member or nomination by an organization, shall complete the School Board Advisory Committee Information Form, attached and incorporated hereto.
Residency Requirement. All advisory committee members shall be residents of Palm Beach County.
Term of Office. A committee member who was appointed by a Board member shall be entitled to remain a committee member as long as the appointing Board member serves on the Board, unless otherwise provided for in the advisory committee policy. However, the appointing Board member may exercise his/her discretion to remove such committee member at any time. The Board member shall address all pending vacancies in a reasonable period of time. A committee member may be reappointed by the appointing Board member or by a new Board member for that particular district. If a vacancy exists as to the position of an appointing Board member for a particular district or if the appointing Board member has been replaced for that particular district, the committee member appointed by the prior Board member may continue to serve as a voting member on the committee until such time as a new committee member is appointed.
Compensation. All members of advisory committees shall serve in a voluntary capacity and shall not be compensated for their services.
Automatic Removal. A committee member will be removed automatically should he or she miss three (3) consecutive regular meetings, unless, by request of the member, the Chair grants compassionate leave due to personal, business, or familial exigency, or other good cause. A periodic report will be made by the advisory committee chair to the Board the regarding the attendance of appointed committee members.
Provision of Policies. Upon adoption of this policy, advisory committee members shall be provided with a copy of this policy and a copy of the advisory committee policy. Upon the appointment of an individual(s) to an advisory committee, the individual(s) shall be provided with a copy of this policy and the advisory committee's charter policy.
Advisory Committee Operations and Procedures. All advisory committees shall adhere to the following procedures for the conduct of committee meetings. Otherwise, the committees shall conduct their meetings in accordance with the parliamentary rules of Robert's Rules of Order, newly revised, latest edition.
Organizational Meeting. The committee shall, at its initial organizational meeting, select a chairperson and vice chairperson, and adopt standing rules which shall include meeting dates and times. No standing rules shall be adopted which are contrary to this policy. Thereafter, each advisory committee shall hold an organizational meeting in January of each year.
Committee Chairs Subject to Term Limitation. An advisory committee member selected by committee members to serve as the committee's chair shall be limited to four (4) consecutive years as committee chair. The term limitation for an advisory committee chair as provided for herein shall become effective commencing with the reorganization meeting occurring in January immediately following the adoption of this policy.
Meetings. Advisory committees to the Board shall meet at least once monthly, or as otherwise needed to fulfill the committee's duties and responsibilities as provided in the advisory committee's policy.
Meeting Agendas and Minutes.
To facilitate preparation for committee meetings, the agenda and backup materials should be available to members a week in advance of each regular meeting. Special meetings may be called by the committee chair. If a special meeting is called, the agenda and backup materials should be available upon calling and noticing the meeting, at least 48 hours in advance.
Copies of the approved minutes from all advisory committee meetings shall be forwarded regularly from the staff liaison to the Superintendent and Board members through Clerk of the School Board.
Quorum. A quorum for the transaction of business shall consist of a majority of the full membership of the advisory committee.
Subject to Sunshine Law. All advisory committee meetings shall be subject to Florida's Government in the Sunshine Law as provided in §286.011, Fla. Stat.
Subject to Public Records Law. All documents maintained as public records by persons in their capacity as advisory committee members are subject to public disclosure as required by Chapter 119, Fla. Stat., unless exempt under § 119.07, Fla. Stat. or other statutes.
Public Officers Subject to Code of Ethics, Chapter 112, Fla. Stat. By accepting an appointment to an advisory committee of the Board, an individual is a public officer as defined in §§ 112. 313(1) and 112.3143(1), Fla. Stat. Thus, each member agrees to be subject to and shall comply with the standards of conduct for public officers and employees set forth in Sections 112.313(3) and (7), Fla. Stat.; the voting conflicts prohibitions of § 112.3143, Fla. Stat.; and pertinent Opinions of the Florida Commission on Ethics.
An individual appointed to or nominated for an advisory committee who has a conflict due to the provisions of §§ 112.313(3) and/or (7), Fla. Stat., shall seek a waiver of such conflict as provided in § 112.313(12), Fla. Stat., prior to commencing service on the advisory committee. To seek such a waiver the individual must complete the necessary disclosure form as required by the Florida Commission on Ethics which can be located at http://www.ethics.state.fl.us/Forms/Form4a.PDF, and submit to the Board’s Clerk for addition to the next available Board agenda for consideration.
Public Participation. Absent permission from the Chair, public comment speakers may address the committee for no longer than three (3) minutes at the appropriate time. The committee, however, may vote to limit the time to a lesser amount due to the volume of speakers or the amount of time scheduled for a meeting.
Correspondence to Board. Correspondence between the Board and its committees shall be conducted by the Board Chair.
Staff Support for Committee. Unless otherwise provided for in the advisory committee's policy, the Superintendent will designate a staff member to provide administrative support to the committee. This support staff will be responsible for scheduling meetings, taking meeting minutes and maintaining the records of the committee. Additional staff members may be assigned to the advisory committee by the Superintendent as needed or requested by the advisory committee, to assist the members and answer questions. No voting committee member shall direct staff. Any requests for services shall be directed to the Superintendent/designee or Board.
Reports. Reports of the findings, conclusions, or recommendations of advisory committees shall be made to the School Board, and Superintendent on an annual basis or more often if required. The committee will present reports to the Board that may include dissenting viewpoints. Whenever a recommendation of the committee on a substantive issue is reported to the Board and the recommendation was not unanimous, the basis for the majority and minority positions should be brought to the attention of the Board at the same Board meeting in which the recommendation was made.
Participation in Meetings Interactive Video or Telephonically. Advisory committee members may attend meetings and participate at meetings through the use of an interactive video and/or telephone systems, as long as a quorum of advisory committee members are physically present at the meeting. Voting members of the committee may participate and vote by use of electronic media technology to allow a member of the committee who is not physically present to attend the meeting, in those instances where the committee member is confined to home or hospital due to illness or accident or in those situations where the committee member's absence is due to a death or serious illness of an immediate family member.
Voting of Committee Members. A unanimous vote will be considered if all committee members voting (not abstaining due to potential conflict of interest) audibly vote "yes", show by hands a "yes," or all those who are voting and present have indicated a "yes" vote on the e-agenda system, or if they remain silent it will also mean consent (unless they abstained due to a potential conflict of interest.) However, if a member votes "no' on the e-agenda, audibly, or by a show of hands, it will then be considered a split vote. If a vote is evenly tied for and against a measure, such tie vote shall defeat the measure For each vote, the Chair or acting chair shall announce the vote, and the names of any member in dissent, after it is tabulated.
Guidelines for Communications outside the School District. The School Board encourages the free flow of ideas and opinions within advisory committees. However, members of the advisory councils or committees shall not represent their personal actions, views, statements, etc., as those of the committee or the School Board. In communicating with the media, members of the general public, other individuals or institutions, members must exercise caution to ensure that, unless authorized by the committee, they specifically indicate that any expressed opinions or views are, in fact, their own. The provisions herein governing a committee member's personal actions, opinions, views, statements, etc., do not prohibit a committee member from discussing decisions of the committee.
Other.
Except as specifically authorized by the Board, advisory committees shall not obligate the Board for the payment of any funds.
The Board office, with the cooperation of the staff liaison designated by the Superintendent, shall ensure that all advisory committee members shall receive a copy of this policy and a copy of the advisory committee policy of the advisory committee to which the individual was appointed.
The Office of General Counsel shall serve as legal advisor to an advisory committee of the Board.
The Office of General Counsel shall develop and deliver, or contract with the Florida Commission on Ethics or other entity, to develop and deliver, ethics training programs for members of advisory committees. Such training programs shall be delivered in a timely and efficient manner.
Limitation of Advisory Committees
The Board possesses certain legal powers and prerogatives, which cannot be delegated or surrendered to others. Recommendations of an advisory committee are not, therefore, binding on the Board and must be submitted to the Board for consideration and action.
| STATUTORY AUTHORITY: | Fla. Stat. §§ 1001.32(2); 1001.41(2); 1001.42(23); 1001.43(10) |
| LAWS IMPLEMENTED: | Fla. Stat. §§ 286.011; 112.313; 218.415; 1001.32(2); 1001.41(1); 1001.43(2) & (10) |
| HISTORY: | 02/18/72; 07/21/82; 02/4/98 (as Policy 2.08); 02/25/2002 (as P-1.09); 8/27/08; 10/5/2011 |