File: BCBM

1.       Scope. The Pocahontas County Board of Education is composed of the duly elected representatives of the citizens of the county charged with the responsibility of fulfilling the citizens’ education expectations. Consequently, official business of the Board shall be conducted only in legally called open sessions.  Appropriate efforts shall be made to keep the public informed about its schools.

2.    Public Notification of Board of Education Meetings.

2.1  All board meetings are open, public meetings, except as noted in section 5 of this policy.

2.2  Written notice will be provided to the public of all regularly scheduled board meetings.

2.3  Written public notice may include, but is not limited to posting in/on local newspapers, local media, e-mail, Pocahontas County Schools web site, public buildings, including school buildings. Notice will ALWAYS be posted on the front public entranceway to the Board of Education offices.

2.4  Public notice will be given at least three (3) calendar days, inclusive of the meeting date, before a regularly scheduled meeting.

2.5  In the event of an emergency/crisis, the requirement for written notice may be waived.

2.5.1  The superintendent will promptly notify the board president of the need for a meeting.

2.5.2  If the president concurs, a meeting of the board will be called on a one-hour verbal notice to discuss and act upon the emergency/crisis.

2.5.3  In the event the president cannot be reached, the superintendent will contact, in the following order, the vice president, then members based upon their seniority, to obtain consensus regarding the need for an emergency meeting.

3.   Meetings of the Board of Education.

3.1  Annual Meetings.

3.1.1  First Monday in July:  The board shall meet following each biennial election.  The purpose of this meeting is to organize and elect a president for a two-year term.  The board shall, at this meeting, also set the time for the regular monthly meetings.

3.1.2  Between March 7-28:  The board shall meet to fix the estimated levy rates and report the same to the State Tax Commissioner.  This meeting adjourns to the third Tuesday in April.

3.1.3  Third Tuesday in April:  The board will meet to complete the setting of the levy rates.

3.2  Regular Meetings:  The regular meetings of the Pocahontas County Board of Education shall be held on the second and fourth Monday of each month in the office of the Pocahontas County Board of Education at 926 Fifth Avenue in Marlinton, West Virginia, unless otherwise directed by the board.

3.3  Special Meetings.

3.3.1  The board president and any three members of the board may call a special meeting.

3.3.2  The only business that can be transacted at the special meeting is that designated in the call.

3.3.3  A three-day notice shall be given each board member of any and all special meetings, except when such meeting is called as an emergency measure in which circumstance this provision for advance notice shall be waived.

3.4  Adjourned Meetings.

3.4.1  Any meeting adjourned for the purpose of continuing that meeting in a subsequent session is known as an adjourned meeting.

3.4.2  A subsequent session of an adjourned meeting is not a separate meeting.  Therefore, a board member may not receive compensation for both the original and the adjourned meeting.

4.   School Board Meeting Procedures.

4.1  Superintendent Duties.

4.1.1  The superintendent is both the Executive Officer and the Secretary of the Board.  As Executive Officer, the superintendent prepares and provides the board a carefully organized written agenda and the minutes of the preceding meeting.

4.1.2  The written agenda must be provided to each board member (via hand delivery, U.S. mail, or electronic correspondence) at least three (3) calendar days, inclusive of the meeting date, before a regularly scheduled meeting.

4.1.3  Copies of reference items needed for clarification or examination shall be in readiness prior to the scheduled meeting.

4.2  Items of business may be suggested by board members, the superintendent, staff members, or citizens of the school district.

4.2.1  Business items shall be submitted in writing to the superintendent at least one week prior to the scheduled meeting in order to ensure inclusion on the written agenda.

4.2.2  Items may not be suggested from the floor during a meeting for discussion or action except at the discretion of the president.  If any board member or superintendent disagrees with adding the item from the floor to the agenda, a board vote shall be taken to determine if the item should be added to the agenda.

4.3  A majority of the board members constitutes a quorum required for transaction of official business.  In conducting its business, the board shall observe Robert’s Rules of Order, Revised, except that the president may introduce, discuss and have a vote on all matters before the board, or except as otherwise agreed upon by the members. 

4.4  All votes on motions and resolutions shall be “ayes” or “nays,” or via raising the hand.

4.5  The vote shall be recorded if not unanimous.

4.6  The order of business for a regular meeting of the Board of Education shall be:

4.6.1  Call to order;

4.6.2  Approval of minutes from previous meeting;

4.6.3  Approval of agenda;

4.6.4  Special recognitions;

4.6.5  Delegations/Hear Callers;

4.6.6  Hearings;

4.6.7  Informational reports;

4.6.8  Financial approvals;

4.6.9  Items for information, consideration and possible action;

4.6.10  Personnel considerations;

4.6.11  Superintendent’s report;

4.6.12  Matters from the Board

4.6.13  Announcement of next Board of Education meeting;

4.6.14  Adjournment;

4.6.15  Executive Sessions may be held within the regular meeting, as needed.

5.   Executive Sessions.

5.1  The board may hold an executive session for consideration of the following:

5.1.1  The appointment, employment, retirement, promotion, demotion, disciplining, resignation, discharge, dismissal or compensation of any public officer or employee, or  other personnel matters;

5.1.2  For the purpose of conducting a hearing on a complaint against a public officer or employee, unless such public officer or employee requests an open hearing;

5.1.3  The disciplining, suspension or expulsion of any student in any public school, unless such student requests an open meeting;

5.1.4  The physical or mental health of any person, unless such person requests an open meeting;

5.1.5  Matters which, if discussed in public, would likely to adversely affect the reputation of any person;

5.1.6  Any official investigation or matters relating to crime prevention or law enforcement;

5.1.7  Matters involving or affecting the purchase, sale or lease of property, advance construction planning, the investment of public funds or other matters involving competition, which, if made public, might adversely affect the financial or other interest of the State or school district.

5.2  The president or presiding officer shall identify the authorization and reasons from WV Code 6-9A-4 for the holding of an executive session to the board members and to the general public.  An executive session may only then be held following majority affirmative vote of the members present.

5.3  No decision shall be made in an executive session.  Following reconvening into open session a decision may be made relative to the business under consideration in the executive session.

5.4  Minutes shall be kept of executive sessions.  The minutes shall be limited to material, the disclosure of which is not inconsistent with items 5.1.1 – 5.1.7 above.

5.5  All executive sessions shall be attended by the superintendent, except those in which his/her tenure, salary or administration of duties is under consideration.

5.6  The board shall determine which other individuals, as appropriate, shall be included in executive session.  The president shall invite said individuals into the session as needed, and shall dismiss them from the executive session when appropriate.

6.   Minutes of School Board Meetings.

6.1  The Board of Education shall provide for the preparation of written minutes of all of its meetings.

6.2  All such minutes shall be kept in a safe place by the Secretary to the board, and shall be available for public review during regular business hours within ten days of the board meeting.

6.3  The minutes shall include, but not be limited to, the following information:

6.3.1  The date, time and place of the meeting;

6.3.2  The names of each member present and absent;

6.3.3  All motions, proposals, resolutions, orders, ordinances, and measures proposed, the name of the person proposing the same and their disposition; and

 6.3.4  The results of all votes and, upon request of a member, the vote of each member by name.

6.3.5  A copy of the minutes shall be provided for public review. This may include, but is not limited to posting in/on:  local newspapers; local media; e-mail; Pocahontas County Schools web site; public buildings, including school buildings.


7.   Public Participation.

7.1  All residents of Pocahontas County and other interested parties shall be welcomed at any or all regular, special or annual meeting of the Board of Education.

7.2  Individuals or groups who wish to speak or make some other presentation before the board must submit a written request to the superintendent.

7.2.1  The written request shall state the purpose and topics to be presented.

7.2.2  The written request must be provided no later than thirty minutes prior to a scheduled board meeting to commence in order for the delegation to be heard.

7.2.3  Time allotted each delegation (individual or group) will be 10 minutes.

7.2.4  The board president may use his discretion in allowing more time for the delegation.

8.   Media Participation.  The media, including, but not limited to radio and television, shall be welcomed at any or all regular, special, or annual meeting of the Board of Education.  Video and audio recording is permitted, so long as it is conducted in a manner that is not disruptive or distractive to the conduct of the meeting.

8.1  Equipment used may not produce distracting light or sound emission.

8.2  Any video or audio recording devises shall be placed in a manner in order that they will not obstruct the public’s view of the Board members.

8.3  Video or audio recording devises shall not be placed on the board members’ table.  All devices must be placed at least three (3) feet from the table.

9.   Board/Staff Communications.

9.1  The board recognizes professional and service educational associations affiliated with the West Virginia Education Association, the West Virginia School Service Personnel Association, the American Federation of Teachers, and other professional agencies through which the personnel of Pocahontas County Schools represent their considered opinion in matters of concern to them.

9.2  The board shall give due consideration to proposals and representation made on behalf of professional and service educational associations.


Adopted:  April 11, 2011

Reference:  W. Va. Code §§ 6-9A-1.6, 6-9A-3, 6-9A-5, 11-8-9, 11-8-12a, 18-4-10, 18-5-1c, 18-5-4, 11-8-12a, 18A-2-8A