Policies part of annual budget process |
On Board Online • December 15, 2014
By Courtney Sanik
Policy Consultant
May 2015 may seem far away, but now is a good time to make sure that your policies regarding the budget vote and member election are current and are being followed.
First, be sure your district's timeline for key steps, such as publishing legal notices and accepting nominating petitions, matches the timeline required by law. For a timeline researched by NYSSBA Senior Attorney Kimberly Fanniff, see page 15 of the Nov. 24, 2014 issue of On Board or go to http://goo.gl/EmgJlW.
Policies that specifically relate to the budget vote and member election are largely concerned with ensuring the public receives various notices in a timely fashion. There is some area for board discretion, but mostly these are dictated by law.
Here is a summary of the relevant policies in NYSSBA's codification system. Your district may use a different numbering system, but the same topics should be addressed. It should be noted that your district's board may have unique policies pertaining to the budget development, public hearings and voting. It is good practice to review these policies annually and update them as appropriate.
NYSSBA Policy 1050, Annual District Meeting and Election
This policy provides information regarding when the vote will take place, who will post notifications regarding the election and when it shall be done, where copies of the budget will be available for public review (including on the district's website) and the rules for the submission of petitions to be put on the ballot. This is also a good place to state that school resources shall not be used to advocate for passage of the budget or any bond item. All communications should be aimed at informing the public rather than exhorting them to vote a certain way, according to rulings by the commissioner of education.
NYSSBA Policy 2120, School Board Elections
This policy states when the vote will take place and what will be voted upon. This is also a notification that electioneering during the hours of any vote is not permitted within 100 feet of the polling place.
NYSSBA Policy 2120.2, Voting Procedures
This policy provides information directly from education law pertaining to school elections, including outlining who is eligible to vote in a district. several areas in which the board has discretion to establish whether qualified voters must be registered with the school district's board of registration or be on a current voter list maintained by the local Board of Elections. Additionally, it outlines the use and provisions of voting machines.
It should be noted that the board does not have discretion in determining who is eligible to vote or use an absentee ballot. These are dictated by State Education Law.
NYSSBA Policy 2121, Board Member Qualifications
This policy provides notice to the public as to the qualifications to be a board member. These elements are taken directly from the law. If the board has an individual submit a petition for candidacy who does not meet one or more of the requirements, the district should consult with its school attorney about the best way to proceed.
NYSSBA Policy 6100, Annual Budget
This policy gives notice of the district's responsibilities regarding the annual budget, its components, the location where it can be reviewed, tax cap information and contingency budget information.
NYSSBA Policy 6110, Budget Planning
This policy provides notice to the public regarding who is in charge of preparing the budget and a description of the process for developing a budget calendar.
NYSSBA Policy 6120, Budget Hearing
This policy provides notice to the district and members of the community about a budget hearing to discuss the proposed budget.
It's likely that the board, through policy, has made commitments that will need to be considered as part of the budget. Be sure your budget reflects these commitments.
If you would like samples of any of the above noted policies, please email NYSSBA's policy department at policy@ nyssba.org or call (800)342-3360 and ask to speak with a member of the policy department.