Removal of an agenda item

[Guest Tommy Campbell]

If an elected county School Board has voted (unanimously) to include an item on its agendas (for every meeting), in this case "Board Member Concerns", can that item be arbitrarily removed from future agendas without a subsequent vote of the board?

[J. J.]

The rule adding "Board Member Concerns" could be rescinded. 

[Richard Brown]

On 3/29/2023 at 8:26 AM, J. J. said:

The rule adding "Board Member Concerns" could be rescinded. 

I agree, but it would require a vote of the board.

[Gary Novosielski]

On 3/29/2023 at 9:05 AM, Guest Tommy Campbell said:

If an elected county School Board has voted (unanimously) to include an item on its agendas (for every meeting), in this case "Board Member Concerns", can that item be arbitrarily removed from future agendas without a subsequent vote of the board?

I'm not certain I understand the question, so I'll give two answers.

• As @J. J. suggests, the motion to expand the agenda could someday be subject to a motion to Rescind  (§35).
• If you're asking about removing it from the agenda at one particular meeting, then:
  • If the board votes to approve the agenda at every meeting, a member could move to strike it prior to that vote.
  • If the board does not vote to approve the agenda (as is often the case with elected boards) it depends on what the regulations say.  For elected boards, they often say that the agenda is assumed to be binding, especially if it is required to be published in advance of the meeting. 

I'm somewhat skeptical of the possible purpose of such an agenda section.  Why would board members concerns not be germane to the discussion on any motion during any part of the meeting?  Is a separate section really needed?  Do you not have a New Business section in the agenda? Merely expressing concerns when no motion is pending often turns into a long and ultimately pointless exercise.  Perhaps you could elaborate on what this agenda item is intended to accomplish.

[Guest Tommy Campbell]

The reason for my question is that at some point in the past, a school superintendent -- attempting to limit school board members' comments -- would not allow items to be brought up for discussion unless the superintendent "approved". The board, some years ago, was finally able to get a motion introduced (which was approved unanimously) to allow a "Board Concerns" item on every agenda so that BOE members could make comments, raise questions, give public commendations for good work, etc., about issues/matters that might not be brought forward for a vote by the superintendent. After I was elected to the BOE last November, "Board Concerns" was removed from the agendas, apparently by the new superintendent or chairman of the BOE (no one will admit to being responsible for that at this point), and despite FOUR written requests from myself to bring it back to the table for discussion, that hasn't happened. My question is: CAN AN  AGENDA ITEM WHICH WAS UNANIMOUSLY APPROVED BY THE BOARD AT THE TIME OF ITS PASSAGE BE ARBITRARILY REMOVED WITHOUT BOARD DISCUSSION OR A SUBSEQUENT VOTE OF THE BOARD?

[Joshua Katz]

On 4/26/2023 at 8:59 AM, Guest Tommy Campbell said:

The reason for my question is that at some point in the past, a school superintendent -- attempting to limit school board members' comments -- would not allow items to be brought up for discussion unless the superintendent "approved". The board, some years ago, was finally able to get a motion introduced (which was approved unanimously) to allow a "Board Concerns" item on every agenda so that BOE members could make comments, raise questions, give public commendations for good work, etc., about issues/matters that might not be brought forward for a vote by the superintendent.

Nonsense. The board should have dealt with its employee directly. Boards that let themselves get pushed around by employees deserve it.

[Gary Novosielski]

As a former BOE president, if our superintendent, as a non-voting member of the board, announced that edict, it would have been ruled out of order, the superintendent possibly censured, and a note included in his next evaluation. 

Unless your organization is unusual, the Superintendent is subordinate to the board, and follows the instructions and policies adopted by the board, not the other way around.  Check your bylaws for any unusual powers granted to the Superintendent.  While you're at it, check on how the agenda is developed, by whom, whether it must be approved by the board at the start of a meeting or not, and whether and how the members may add to it.  You probably have custom rules on that.  If not, let us know.