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Policy Review Committee Minutes - 3/13/09


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Proceedings of the Board of Trustees Policy Review Committee

Elementary District No. 2, Yellowstone County

High School District No. 2, Yellowstone County

Billings, Montana

 

March 13, 2009

 

Call to Order

 

The Policy Review Committee met on Friday, March 13, 2009 at 12:00 PM at the Lincoln Center, 415 North 30th Street, Billings, Montana.

 

The meeting was chaired by Katharin Kelker.

 

Those present included: Trustees Katharin Kelker, Joel Guthals and Mary Jo Fox. Also present were Leo Hudetz, Clerk, Dan Martin, Director of Human Resources and Jeff Greenfield, BEA representative. Guests included Jerry Hansen

 

 

Policy 1441 – Audience Participation – Form 1441-F1 – Request to Address the Board

Trustee Joel Guthals reviewed the changes that were made to Policy 1441 after it was referred to the Policy Review Committee after being passed on the first reading. Joel Guthals explained that a Board Panel meeting was held on February 12, 2009 on a Policy 1700 complaint that was filed by Jerry Hansen. The complaint stated that Jerry Hansen was limited to two minutes in speaking to the Board and that he did not have any prior notice or information that he would be so limited and that his right of participation was unduly constrained. A resolution was agreed upon and the panel recommended that Policy 1441 be reviewed by the Policy Review Committee and that a specific statement be included in the policy as to the amount of time that a participant be allowed to speak and an opportunity to ask for more time to speak if necessary. Mr. Hansen agreed that three (3) minutes would be adequate to address the Board.

 

The committee reviewed a draft of changes made in Policy 1441 and form 1441-F1. Form 1441-F1 also indicates that the form must be submitted before the start of the meeting and that Public comment shall be limited to three (3) minutes unless additional time is granted by the Board Chair. A box has been provided to check to request additional minutes. The form also notes that Board Policy prohibits Board members from responding to comments made by the public.

 

Mr. Hansen stated that he generally limits his comments to three minutes. Mr. Hansen questioned language on the form 1441-F1 regarding submitting the form at the beginning of the meeting. Another concern of Mr. Hansen’s was that if a member wants to speak on an item that is not on the agenda and also wants to speak on an agenda item. He asked was a speaker limited to three minutes per presentation or is a member of the public limited to three minutes per Board meeting. In order to make it clear to everyone Mr. Hansen would like to see Policy 1441 wording used on the form.

 

Mary Jo Fox commented that it is much easier to control the meeting for the Chair if the forms are submitted before the meeting. Chair Kelker stressed the fact that the Board chair has to have the ability to control the environment.

 

Joel Guthals recommended that if we are going to have a policy that limits the time that people can speak it needs to be published and stated in the policy.

 

Joel Guthals suggested the following language be added to the last paragraph of Policy 1441. “Public Comment shall be limited to three (3) minutes per person unless additional time is requested and/or granted by the Board Chair. The Board Chair may reduce the three (3) minute limit and set a limit on the total time available for public comment on a particular item if necessary for the orderly progression of the meeting. The Board Chair shall announce any limitations to be placed on public comment at the beginning of the meeting.”

 

Trustee Guthals suggested the following language be added to the first paragraph of Policy 1441. “Before the beginning of every Board meeting persons wishing to address the Board shall complete Form 1441-F1 which shall be collected by the Clerk and delivered to the Board Chair. This form shall also be available on the District website and may be delivered to the Clerk by e-mail or other methods of delivery.”

 

On Form 1441-F1, in order to comply with the policy, Joel Guthals suggested that the following be added to the first paragraph “In order to address the Board, this form must be submitted to the Board Clerk before the start of the meeting. This form is also available on the district website and may be delivered to the Clerk by e-mail or other methods of delivery.”

 

A motion was made by Mary Jo Fox to adopt the changes discussed to Policy 1441 and 1441-F1 and send to the Board for 1st reading. Joel Guthals seconded. The motion passed unanimously.

 

Policy 1700 Appeal

Leo Hudetz informed the committee that a Policy 1700 complaint filed by Mr. Jerry Hansen was denied due to a recent change in Policy 1700 that states when someone files a complaint you have to specify the policy and procedure that is involved. Mr. Hansen’s complaint did not specify policy or procedure and was denied, therefore, Mr. Hansen is appealing the decision.

 

Mr. Hansen stated that he was in attendance not to resolve the complaint regarding financial statements of the Insurance Fund, but to say that the District Policy and Montana Law are not being adhered to and he would like his complaint to be heard before a Board committee.

 

Mr. Hansen stated that the basis of his complaint is with regard to the Health Insurance Financial Statements. Mr. Hansen said that internal service funds are required by Montana law to maintain their records using Generally Accepted Accounting Principles ((GAAP). The Health Insurance Financial Statements that have been issued have understated the incurred but not unreported claims. Mr. Hansen passed out a statement and went over the problems.

 

Mr. Hansen’s main concern was regarding the Statement of Cash Flow. A monthly Statement of Cash Flow is provided but not a year-to-date cash flow. Mr. Hansen would like to see the Health Insurance Financial Statements in the audit report.

 

Joel Guthals inquired if there was a board policy with regard to incorrect or misleading financial statements. Leo Hudetz said such a policy exists. The correct policy is in the 7000 series.

 

A motion was made by Joel Guthals to deny the Policy 1700 appeal by Mr. Hansen on procedural grounds not on the merits of Mr. Hansen’s complaint. Mr. Hansen may re-file a valid 1700 complaint to specifically identify the board policy or policies that are an issue and were allegedly violated. Mary Jo Fox seconded. The motion passed unanimously.

 

Policy 5251 – Resignations

Dan Martin said that is was not necessary to proceed with this policy.

 

Policy 5000 Series Updates

Dan Martin wants to go through the series and bring it together for the committee to look at in the near future.

 

Minutes

Mary Jo Fox moved to approve the minutes of the December 18, 2008 Policy Review Committee meeting. Joel Guthals seconded. The motion passed unanimously.

 

The committee adjourned at 1:15 P.M.

 

 

______________________ ______________________ ________________

Katharin Kelker Joel Guthals Mary Jo Fox

Trustee Trustee Trustee

 

 

___

Cindy Curnow, Recorder

 

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