Kelley Baker kbaker@hslegalfirm.com
Karen Haase khaase@hslegalfirm.com @KarenHaase
Steve Williams
Bobby Truhe
swilliams@hslegalfirm.com @SteveisEsteban
btruhe@hslegalfirm.com @btruhe
Ringing in the New Year with New School Board Members Happy New Year! As many school administrators are preparing for their January board meetings, there may be questions about the appropriate process for dealing with new board members. We have prepared a short list of frequently-asked questions for your reference. Do new board members have to take an oath of office? No, but it is a tradition that Nebraska school boards have historically followed. There is no harm in taking the oath and maintaining this long-standing tradition. Section 11-101 of the Nebraska statutes requires “[a]ll state, district, county, precinct, township, municipal, and especially appointed officers, except those mentioned in Article XV, section 1, of the Constitution of the State of Nebraska” to take and subscribe to a specific oath before performing their respective duties. However, in Frans v. Young, 30 Neb. 360, 46 N.W. 528 (1890), the Nebraska Supreme Court held that school district officers are not required to take oath prescribed by this section, as the term “district” applies only to judicial districts, and the term “municipal” to villages, towns, and cities. Section 11-101 includes the following oath: I, __________, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely and without mental reservation or for purpose of evasion; and that I will faithfully and impartially perform the duties of the office of _________, according to law, and to the best of my ability. And I do further swear that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence;
and that during such time as I am in this position I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence. So help me God. This oath may also be endorsed on the bonds of school board treasurers who are bonded rather than insured. Board secretaries should keep a record in the board’s minute book of board members’ oaths and the oaths of treasurers who are insured. This oath may be administered orally to incoming board members or they may simply sign it. The taking of the oath of office does not have to be part of your board’s first meeting, but it is a good practice. What if I don’t have enough old board members to constitute a quorum to open the January board meeting? Simply open the meeting with your new board members. The new board members may sign their oaths before the meeting opens, or you may open the meeting and swear in the new board members as the first thing you do. May the old board members act on the board’s old business and the new members act on its new business? No. At most, board members whose terms have expired may perform ceremonial acts. They may not take any formal action because they automatically lose their authority to act on behalf of the school district when their terms expire, regardless of when their replacements are seated. Some districts mistakenly have the old board act on old business and then pass the meeting over to the new board to deal with new business; however, this should be avoided because it exposes the board to a charge of having nonmembers take action on behalf of the school district. Many districts use the January meeting as a time to thank board members whose terms are expiring and to welcome new board members. This is an important interpersonal issue that you should not ignore. However, be sure that your board has complied with the legal requirements for changing membership on the board and that any gifts or items given in recognition of their service are given in compliance with the requirements and limitations of the Local Government Miscellaneous Expenditures Act (sections 13-2202 to 2204). For example, section 13-2203(2)(iii) permits one recognition dinner per year for elected and appointed officials, employees and volunteers. The “maximum cost per person for such dinner shall be established by formal action of the governing body, but shall not exceed twenty-five dollars.” Section 13-2204(3) authorizes the expenditure of public funds “for plaques, certificates of
achievement, or items of value awarded to elected or appointed officials, employees or volunteers. . . .” Before spending money for such items, “the governing body shall, by official action after a public hearing, establish a uniform policy which sets a dollar limit on the value of any plaque, certificate of achievement, or item of value to be awarded.” This limit may not be changed more than once in any 12-month period. These requirements are most easily met by adopting a board policy that sets the expenditure limits. If you have any questions about seating new board members or any other matter, please contact your school attorney or Kelley, Karen, Steve or Bobby. I:\3\7613\E-mail Updates\164 -- New Year, New Board Members 2015.docx