barry forbes wasb associate executive director and staff counsel...

Annual and Special Meetings: Notices, Procedures and Powers

Barry ForbesWASB Associate Executive Director and Staff Counsel

[email protected] 608-512-1707

mailto:[email protected]

Part I

◦Time and place of the annual meeting.◦Meeting notice.


Residents of common and union high school districts in Wisconsin have special governmental powers reserved to them as a body at the annual meeting.◦ School district residents who are eligible to vote have the

opportunity to participate in the governance of the school district.

◦ The annual meeting is an opportunity for the school board and administration to showcase the achievements, needs and future of the district.

The Annual Meeting – grassroots democracy in action

Wisconsin law requires that every common and union high school district hold an annual meeting.◦ 377 of Wisconsin’s 424 school districts hold

annual meetings.◦ In unified school districts the school board

holds the powers of both the common school district board and the annual meeting.

◦ The Milwaukee School District is governed under a separate set of laws found in Chapter 119 of the Wisconsin Statutes.

The Annual Meeting

Unless changed at an annual meeting, union high school districts must meet at 8 p.m. on the third Monday in July and common school districts at 8 p.m. on the fourth Monday in July.

Time and Place of the Annual Meeting

Electors at an annual meeting may determine to hold subsequent annual meetings on a date and hour different from that specified in the statute.

Electors may also authorize the school board to set the date and hour for future annual meetings.

No annual meeting may be held before May 15 or after October 31.


The school board determines the location of the annual meeting, which must be in a schoolhouse in the school district or at the nearest available place as determined by the school board.


The school district clerk shall publish a class 2 notice, under ch. 985, of the time and place of the annual meeting.◦ The notice states the time and place of the annual meeting.◦ If the clerk has received a proper petition requesting the annual

meeting to consider a special subject or item of business, a statement of the subject or item of business must be incorporated in the notice.

The Annual Meeting Notice

Electors may petition for inclusion of special subjects in the annual meeting notice.◦ The petition must be signed by at least 100 electors and be

submitted to the school board clerk at least 60 days prior to the annual meeting.

◦ If the petition includes a subject beyond the power of the annual meeting, the school district clerk shall reject that part of the petition and notify the proper person within 20 days of receipt of the petition.

◦ The petition shall identify the proper person or organization to be notified in case of rejection.

The Annual Meeting NoticeSpecial Subjects

A class 2 notice under ch. 985 must be published two times in the school district’s official newspaper.◦ The last publication of such notice must not be more than eight

days nor less than one day before the annual meeting.


If one-half or more of the members of the school board are expected to attend the annual meeting, the public should be notified that a quorum of the school board will attend the annual meeting to comply with the open meeting law.


Part II

◦Annual meeting powers.


School district governmental power is divided between the annual meeting and school board in common and union high school districts.◦Annual meeting powers are found at § 120.10 Wis. Stat.◦ School board powers and duties are found at §§ 120.12 and

120.13 Wis. Stat.◦Unified school district boards have the powers of both

common school district boards and the annual meeting.

Annual Meeting Powers

Annual meeting powers include the following:◦ Elect a meeting chairperson.◦Adjourn the meeting from time to time.◦ Set the time and date for future annual meetings, or◦Authorize the school board to set the time and date for future

annual meetings.

Annual Meeting PowersMeeting Procedures

Annual meeting powers include the following:◦ Set board members’ annual salaries or a payment based on

each meeting attended. Note that use of the term “or” in the statute suggests that the

annual meeting may authorize an annual salary or per meeting payments but not both.

◦Authorize payment of actual and necessary expenses of board members who travel in the performance of their duties.

Annual Meeting PowersBoard Member Compensation

Annual meeting powers include the power to vote a tax:◦ Tax for operation of the schools of the school district◦ Tax for sites, buildings and maintenance◦ Tax for transportation vehicles◦ Tax to discharge any debts or liabilities of the school district◦ Tax to create a school debt service fund◦ Tax to create a school capital expansion fund◦ Tax for recreational authority

Annual Meeting PowersPower to Vote a Tax

The annual meeting’s powers include the power to designate sites for school buildings, and◦ Provide for the erection of suitable buildings, or◦ Provide for the lease of suitable buildings for a period not

exceeding 20 years.

Annual Meeting PowersBuilding Sites

The annual meeting may elect to provide transportation for pupils who are not required to be transported under the law. § 121.54(2)(e) Wis. Stat.◦ Schools are required to provide transportation to and from

public school for all pupils who reside in the school district two miles or more from the nearest public school they are entitled to attend. § 121.54(2)(a) Wis. Stat.

Annual Meeting PowersTransportation

The annual meeting of a K-8 school district may elect to provide transportation for its pupils or to repeal a past election to provide such transportation. § 121.54(2)(b)2 Wis. Stat.◦ The union high school district is otherwise responsible for the

transportation of the K-8 students and can charge the costs of that transportation back to the K-8 district.

Annual Meeting PowersTransportation

Annual meeting powers include the following:◦ Legal Proceedings: Direct and

provide for the prosecution or defense of any legal action or proceedings in which the school district is interested.

◦ Textbooks: Authorize the school board to furnish textbooks under conditions prescribed by the annual meeting or by the school board.

Annual Meeting PowersOther Powers

Annual meeting powers include the following:◦ School Lunches: Direct the school board to furnish school

lunches to the pupils of the school district and appropriate funds for that purpose.

◦Accident insurance for students can be paid for by the district if authorized at the annual meeting.


Nomination Papers:◦Candidates for school board in school districts containing

territory within a 2nd class city must file nomination papers in addition to a declaration of candidacy.

◦ The school board or annual meeting may, by resolution adopted not later than the last Tuesday in November preceding an election for members of the school board, require that nomination papers be filed by all candidates seeking election to the school board.


The annual meeting may authorize and direct an audit of the school district accounts by a certified public accountant. § 120.14(3) Wis. Stat.


If a petition is received by the school district clerk at least 30 days prior to the annual meeting: ◦ The annual meeting may authorize a change in the number of

school board members.◦ The annual meeting may authorize a plan of apportionment or

a change in the plan of apportionment.◦ The annual meeting may authorize assignment of numbered

seats to each position on the school board.

Annual Meeting PowersPower to Change School Board Organization

The petition to change a school board’s organizational structure must: ◦Conform to § 8.40 Wis. Stat. and ◦Must be signed by at least 100 electors residing in the school

district, unless◦ The school district includes property within a 2nd or 3rd class

city, in which case the petition must be signed by at least 500 electors residing in the school district.

Annual Meeting PowersPower to Change School Board Organization

Real Estate: The annual meeting may authorize the school board to acquire real estate and structures and facilities necessary for school district purposes.

Annual Meeting PowersShared Powers

Sale of Property: Authorize the sale of any property belonging to and not needed by the school district.◦ This power includes both real and personal property.


Lease of School Property: The school board may lease school sites, buildings, and equipment not needed for school purposes to any person for any lawful use at a reasonable rental if approved at an annual or special school district meeting.


Annual meetings do not have the power to:◦Approve the school district budget.◦Hire or terminate any school district employee.◦Approve or change the school curriculum.◦Otherwise control the operation and management of the school

district except as noted earlier in this presentation.

Annual Meeting Powers

Part III

◦Preparing for the annual meeting.


Checklist:◦Develop proposed agenda◦ Identify a possible chairperson◦ Select a parliamentarian◦Make arrangements for ballot voting if necessary◦Arrange for media coverage

Preparation for Annual Meeting

Basic agenda should include the following:◦Call to order◦ Election of chairperson◦ Treasurer’s report◦Adoption of tax levy◦Old business◦New business◦Adjourn

Preparation for Annual MeetingDevelop a Proposed Agenda

The annual meeting may exercise any of the powers reserved to it under § 120.10 and other Wisconsin statutes.◦Annual meetings are not subject to the Open Meeting Law

requirement that the subject matter to be discussed at the meeting be included in the notice. Exception: If electors petition for inclusion of special subject in

meeting notice under § 120.09 Wis. Stat., that special subject must be included in the meeting notice.

◦No annual meeting shall be deemed illegal for want of notice. § 120.08(1)(c) Wis. Stat.

Preparation for Annual MeetingDevelop a Proposed Agenda

Identify a possible chairperson.◦ The electors at the annual meeting will select the chairperson. ◦ The electors may select someone else.


Select a parliamentarian. The school board should make recommendations for

ground rules to be adopted at the meeting:◦ Procedures for addressing the chairperson◦ Procedures for making motions◦Discussion procedure◦Voting procedure◦ Should a parliamentary authority, such as Robert’s Rules of

Order, be used as a parliamentary guide?


Make arrangements for ballot voting if necessary.◦ If electors petition for inclusion of a special subject in the

agenda and notice of the annual meeting, the school district clerk shall prepare ballots to permit voting on the subject or item.


Publicity:◦ In addition to the meeting notice, the meeting should be

publicized: Include in district newsletter and website Post notices in public places Give local news media information packet:

Copy of proposed budget Summary of major features of budget Names and telephone numbers of people who can respond to questions


Handouts:◦ School budget◦ State and federal education legislation◦ Special programs and projects that the school board wishes to

highlight Keep handouts simple. Recognize that most people will

not understand school budgets or the Wisconsin school aide formula.


Meeting area:◦ The meeting area should be large enough to handle the

expected audience.◦ Set the meeting up so that the audience is not distracted by the

physical environment.◦ Set up and test the sound system in advance.


Part IV

◦Conducting the annual meeting.◦Meeting minutes.◦Special meetings.


A temporary chairperson (usually the school board president) calls the meeting to order.◦ The president should briefly explain the purpose of the

meeting, the powers of the electors and submit to the meeting the suggested agenda and ground rules to be followed.

◦ If a parliamentarian has been designated, that person should be introduced.

Conducting the Annual Meeting

The temporary chairperson then calls for the nomination of a chairperson for the meeting.◦ The chairperson is usually elected by a voice vote.

The chairperson then takes over the conduct of the meeting.◦ The chairperson should not take part in discussions unless he

or she gives up the chair to do so.


The chairperson should keep the discussion focused on the issues before the annual meeting.◦A motion to limit debate may be in order for a discussion that

is getting out of hand.◦Board members should be prepared to offer motions when

necessary, including a motion to adjourn.


Voting:◦ Every elector of the district, including every school board

member, is eligible to vote.◦ 6.02 Qualifications, general. (1) Every U.S. citizen age 18 or

older who has resided in an election district or ward for 28 consecutive days before any election where the citizen offers to vote is an eligible elector.

◦An elector of the district is an elector (someone eligible to vote in state and national elections) who is a resident of the district.


If a person’s eligibility to vote at an annual meeting is challenged:◦ The chairperson shall state to the person challenged the

qualifications necessary to vote at the annual meeting: Must be an elector Must reside within the school district


Challenge to eligibility to vote (continued):◦ If the challenged person declares he or she is eligible, but the

challenge is not withdrawn, the chairperson shall administer the following oath or affirmation to him or her: You do solemnly swear (or affirm) that you are an actual resident

of this school district and that you are qualified, according to law, to vote at this meeting.

◦A person taking the oath shall be permitted to vote, but if that person refuses to take the oath or affirmation, that person may not vote.


A budget hearing shall be held at the time and place of the annual meeting. § 65.90(4) Wis. Stat.◦Copies of the budget should be available before and during the

public hearing so people come prepared to ask questions and discuss it.

◦Board members should play a major role before and during the hearing to explain the budget to constituents.

Conducting the Annual MeetingPresenting the Budget

The budget hearing (continued):◦Consider using audiovisual and other exhibits to present the

budget.◦Make residents aware of outside influences on the district

budget such as the state aid formula and revenue limits.


The budget hearing (continued):◦Make electors aware that the school board must vote a tax levy

sufficient to operate and maintain the schools by November 1. § 120.12(3) Wis. Stat. Also notify electors that if the annual meeting votes a tax levy in

excess of that allowed under revenue limit that the board must lower the tax to bring it into compliance with the revenue limit.


The school district clerk is required by s. 120.17(2) Wis. Stat. to record the proceedings of school district meetings.◦ In the absence of the district clerk, the annual meeting must

elect a person to act as clerk of the meeting.◦ The minutes, as authenticated by the clerk, are given the

presumption of regularity. No approval of meeting minutes is required

◦ Publication of annual meeting minutes is not required.

Annual Meeting Minutes

A special school district meeting may be called at any time:◦ Electors may request a special meeting by filing a petition with

the school district clerk signed by 3% of the electors residing in the school district or 100 electors, whichever is fewer, or

◦A school board may by motion call for a special meeting. If the petition includes a subject beyond the power of the special

meeting to transact, the school district clerk shall reject such subject and so notify each elector signing the petition.

Special School District Meetings

Notice of a special school district meeting:◦Notice of a special meeting shall be published as a class 2

notice, under ch. 985. ◦ The last insertion shall be not more than 8 days nor less than

one day before the day of the special meeting. ◦ If no hour for the special meeting is fixed in the notice, it shall

be held at 8 p.m.


Special school district meeting powers:◦A special meeting has the powers of the annual meeting.◦No more than 2 special meetings may be held between annual

meetings to consider or act upon the same subject, except that in counties having a population of 500,000 or more no more then 4 such meetings may be held.


Special school district meeting powers:◦No tax may be voted at a special meeting, unless notice thereof

is included in the notice of the special meeting. The amount of the tax proposed to be voted shall be set forth in the

notice. The special meeting may vote a tax of a lesser amount than stated

in the notice, but not a greater amount.


Go to the WASB website to find The Annual School District Meeting:

http://www.wasb.org/websites/legal/File/p-annual_meeting_book.pdf

For More Information




WASB’s Legal & Human Resources Staff

Barry Forbes ([email protected])& Robert Butler ([email protected])WASB Associate Executive Directors/Staff Counsels

Ben Richter ([email protected])Staff Counsel

Phone: 877-705-4422Web: wasb.org

barry forbes wasb associate executive director and staff counsel...

Documents

annual meeting notice

annual meeting powers

school district clerk

school board clerk

school district residents

common school district

common school districts

milwaukee school district