Policy 186: Board of Education Member Misconduct and Censure
PURPOSE
This policy is intended to provide the mechanism by which the Board of Education, acting as a
whole, can discipline any of its members who violate state or federal laws applicable to the
district or for violation of the Board policies or bylaws.
POLICY
It is the policy of the Board of Education that all of it’s members shall abide by federal
and state laws and Board policies and bylaws, that are applicable to members of the
Board of Education. Violation of such laws, policies or bylaws tends to injure the good
name of the District and undermine the effectiveness of the Board as a whole. Such
conduct is deemed to be a dereliction of duty.
The Board of Education shall not impose “censure” on any of its members for the exercise of his
or her First Amendment rights, no matter how distasteful the expression was to the District and
Board.
In order to ensure the right to due process, the Board of Education shall not impose “censure”
on any of its members for the violation of any law while criminal charges are pending. However,
when the criminal proceedings are final, the Board of Education need not be bound by the
conclusions of the court, and may hold a “censure” hearing.
COMPLAINT OF MISCONDUCT
The Board President meets to review the situation/action with the Board member. Then issues
are taken to the full Board as determined by the Board President.
If not less than two nor more than three Board members deem necessary, they may initiate the
disciplinary process. If this occurs, the Board member receives written notice by the Board
President.
The initiation of any investigation of alleged violation shall require an affirmative vote of the
majority of the elected members of the Board of Education.
PROCEDURE
1. A request for disciplinary action must be submitted to the Board President in writing by
no less than two nor more than three members of the Board of Education. The request
must contain the specific allegation(s) on which the proposed disciplinary action is based
and the written material(s) that are the basis for the allegation(s).
2. A copy of the request is presented to the Board member in question and to district legal
counsel.
3. A copy of the request for disciplinary action shall be sent by the Board President to all
the members of the Board of Education at least five (5) business days prior the Board
of Education meeting at which it will be considered.
4. If the Board member in question resigns, the issue will not be pursued.
5. The Board of Education shall determine by majority vote of elected members that either:
a. Further investigation is required; or
b. The matter is to be set for public hearing; or
c. No action is required.
6. Further investigation, if required, shall be done by an ad hoc committee of Board
members and is appointed by the Board President. If the Board President is the subject
of the request, the committee shall be formed by the board Vice President. Legal
counsel for the school district shall serve as an advisor to the ad hoc committee.
7. If the matter is set for public hearing, it must be set no sooner than the next regularly
scheduled board meeting following the board’s determination, under Section 5 of these
procedures, in order to give the accused member adequate time to prepare a defense.
POTENTIAL ACTIONS
Any action taken will require a super majority vote of the elected members of the board.
The Board can take action which includes but is not limited to:
● no action
● written warning
● removal from Committee(s) or assignment(s)
● censure ­ Censure is a formal resolution of the Board of Education officially
reprimanding one of its members. Censure is an appropriate punitive measure when
a board member has violated state or federal laws, Board policies and/or bylaws.
Censure can result in further legal action which could include removal from office by
legal action of a Wisconsin District Court and/or per Wisc. Sta. 17.13.
Adopted: April 22, 2013