Bylaws

Bylaws

Bylaw 1: Board Bylaw Procedures

A BYLAW OF THE BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 33 (Chilliwack) (hereinafter called "the Board") to establish Board Bylaws.

WHEREAS the School Act provides that the Board may deal with such matters by bylaw.

AND WHEREAS the Board wishes to enact procedures regarding Board Bylaws.

NOW THEREFORE the Board enacts as follows:

This bylaw may be cited as School District No. 33 (Chilliwack) Board Bylaw 1 – Bylaw Procedures.

The definitions contained in the School Act shall apply to this bylaw.

1. The following matters shall be dealt with only by bylaw.

1.1. Trustee Elections

1.2. Indemnification

1.3. Student or Parent/Guardian Appeal Procedures

1.4. Adoption of the Annual or Amended Annual Budget

1.5. Referendums

1.6. Capital Bylaws

1.7. Ordinary rules or procedures of the Board and rules relative to the organization of meetings of the Board

1.8. Acquisition or Disposal of Property

2. Bylaws may be adopted, amended and repealed in accordance with the process identified below:

2.1. Written notice will be provided in the agenda package of the meeting where the new bylaw, bylaw amendment or bylaw repeal is to be proposed. The notice will be sent to each Trustee by email, using the school district provided email account, at least 48 hours in advance.

2.2. If no such notice has been given, the proposal may move forward upon unanimous vote of members of the Board present.

2.3. Bylaws shall normally be dealt with in the following stages:

2.3.1. first reading - discussion of the principle of the bylaw

2.3.2. second reading - debate and/or amendment

2.3.3. third reading - consideration and final decision

2.4. The Board shall not give a bylaw more than two readings at any one meeting unless the members of the Board who are present at the meeting unanimously agree to give the bylaw all three readings at the meeting.

2.5. A bylaw may be withdrawn at any stage with unanimous consent of members of the Board present.

2.6. The Secretary-Treasurer shall certify on a copy of each bylaw the readings and the times thereof and the context of any amendment passed.

2.7. Bylaws or amendments to bylaws shall be approved by a majority vote of Trustees present.

 

READ A FIRST TIME THE 1st day of June 2021

READ A SECOND TIME THE 1st day of June 2021

READ A THIRD TIME, RECONSIDERED AND ADOPTED THE 1st day of June 2021

Bylaw 2: Trustee Elections

A BYLAW OF THE BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 33
(Chilliwack) (hereinafter called "the Board") to establish procedures for the conduct of general school elections and by-law elections for trustees.

WHEREAS under the School Act a Board of Education may, by bylaw, determine various procedures and requirements to be applied in the conduct of trustee elections.

In School District No. 33 (Chilliwack), trustees are elected at large and elections are held in the following trustee electoral areas:

Trustee electoral area description:# of trustees
City of Chilliwack7
Electoral Area D, Fraser Valley Regional District
Electoral Area E, Fraser Valley Regional District
Electoral Area H, Fraser Valley Regional District

NOW THEREFORE the Board enacts as follows:

The Board wishes to establish various procedures and requirements under the authority of the School Act for trustee elections.

The Board, in an open meeting of the Board, enacts as follows:

1.      Definitions:

The terms used in this bylaw shall have the meanings assigned by the School Act, the Local Government Act, and the Local Elections Campaign Financing Act, except as the context indicates otherwise.

“Board” means the Board of Education of School District No. 33 (Chilliwack);

“By-election” means a trustee election to fill a vacancy on the board in any of the circumstances described in sections 36 of the School Act;

“Chief Election Officer” means the person appointed to perform the duties of chief election officer as set out in the School Act, Local Government Act and Local Elections Campaign Financing Act.

“City” means the City of Chilliwack;

“Election” means a trustee election including general school elections and by-elections;

“FVRD” Fraser Valley Regional District;

“General voting day” means the date on which general voting for a trustee election is to take place, whether part of the general school elections or a by-election.

2.      Scope of Bylaw

This bylaw applies to both general school elections and by-elections, except as otherwise indicated.

3.      Voters List

Voting in a trustee election shall be limited to only those electors registering to vote at the time of voting.

4.      Application of Local Government Bylaws

For purposes of harmonizing trustee elections with local government elections, the election bylaws of the City, as they may be amended from time to time, apply to trustee elections conducted by the City on behalf of the Board, except for those sections of the bylaws determining the minimum number of nominators, the order of names on the ballot, the resolution of tie votes after judicial recount, requiring a nomination deposit, or any other matter on which the local government bylaws may not by law apply to a trustee election.

5.      Order of Names on the Ballot

The order of names of candidates on the ballot will be alphabetical.

6.      Resolution of Tie Vote after Judicial Recount

In the event of a tie vote after a judicial recount, the tie vote will be resolved by lot in accordance with the Local Government Act.

7.      Number of Nominators

The minimum number of qualified nominators for a trustee candidate is two.

8.      Access to Candidate Nomination Documents and Campaign Financing Disclosure

a. The Board authorizes public access to nomination documents of the trustee
   candidates: 

i.   During regular office hours at the Board’s office from the time the nomination documents are delivered until 30 days after declaration of the election results; and 

ii.  Through internet access or other electronic means until 30 days after declaration of the election results, except that that public access by the means set out in this subparagraph many not include the residential address of the person nominated, other than the municipality, electoral area or treaty lands in which the person is resident.

b.  The Board will make available to the public by internet access, without charge, during the regular office hours of the Board’s head office, access to the disclosure statements or supplementary reports required to be made available by the BC chief electoral officer on an Elections BC authorized website, other than:

i.   a mailing address or residential address of a significant contributor, or 

ii.  a telephone number, mailing address, or residential address of a candidate,
until 5 years after general voting day for the election to which the trustee’s disclosure statements and supplementary reports relate.

9.    Title

This bylaw is sited as School District No. 33 (Chilliwack) Trustee Elections Bylaw 2.

10.    Repeal

School District No. 33 (Chilliwack) Trustee Elections Bylaw 2, adopted on June 1, 2021, is herby repealed.

 

READ A FIRST TIME THE 19th day of May, 2026

READ A SECOND TIME THE 16th day of June, 2026 

READ A THIRD TIME, RECONSIDERED AND ADOPTED THE 16th day of June, 2026

Bylaw 3: Indemnification

A BYLAW OF THE BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 33
(Chilliwack) (hereinafter called "the Board") to establish Board indemnification.

WHEREAS the School Act provides that the Board shall deal with such matters by bylaw.

AND WHEREAS the Board wishes to enact an indemnification bylaw.

NOW THEREFORE the Board enacts as follows:

This bylaw may be cited as School District No. 33 (Chilliwack) Indemnification Bylaw 3.

The definitions contained in the School Act shall apply to this bylaw.

1. Interpretation: In this bylaw:

a. "trustee" means a member of the Board of Education of School District No. 33 (Chilliwack);

b. "officer" means a Superintendent, Assistant Superintendent, Secretary-Treasurer, Assistant Secretary Treasurer or Director;

c. "employee" means all excluded staff, school-based administrators, teachers and nonteaching personnel other than officers;

d. reference to a trustee, officer or employee includes a former trustee, officer or employee; and

e. wherever the singular is used in this bylaw, the same shall be construed as meaning the plural, or the body corporate whenever the context so requires.

2. Indemnification

a. The provisions of this indemnification bylaw apply where, in the opinion of the Board, acting reasonably, the trustee, officer or employee had reasonable grounds to believe their conduct was lawful.

b. The Board shall indemnify a trustee, an officer or an employee of the Board against a claim for damages against the trustee, officer or employee arising out of the performance of their duties, and, in addition, pay the actual costs incurred by the trustee, officer or employee in a court proceeding arising out of the claim, except as otherwise provided for in this bylaw.

c. The Board shall indemnify a trustee, an officer or an employee where an inquiry under the Public Inquiry Act or other proceedings involving the administration and conduct of the business of the school district, and also pay legal costs incurred in such inquires or proceedings, except as otherwise provided in this bylaw.

3. Contracts: This bylaw refers to officer and employee employment contracts, including collective agreements, now in force or in force in the future.

4. Exclusions: In the event that insurance coverage is available with respect to the liability of the trustee, officer or employee, the Board shall not indemnify the trustee, officer or employee as the case may be.

The Board shall not indemnify a trustee, officer or employee against:

a. fine, penalty or order imposed as a result of a conviction for an offence;

b. legal fees incurred as a result of prosecution where the trustee, officer or employee is convicted of an offence or obtains a conditional or absolute discharge;

c. liability and/or legal fees arising in respect of allegations of harassment unless the Board agrees to the contrary, by an affirmative vote of a majority of its members;

d. liability and/or legal fees resulting from proceedings initiated pursuant to the Teachers Act unless the Board agrees to the contrary, by an affirmative vote of a majority of its members;

e. legal fees incurred in an appeal of any conviction, sentence, judgment or order unless the Board agrees to the contrary, by an affirmative vote of a majority of its members;

f. legal fees and/or liability resulting from an action or any other proceeding taken by the Board against the trustee, officer or employee, or as a result of an action or proceeding taken by the trustee, officer or employee against the Board;

g. liability and/or legal fees incurred by a trustee where there has been a determination by a Court that the trustee knowingly contravened the School Act or other legislation;

h. liability and/or legal fees incurred by a trustee, officer or employee where there is a determination by a Court that the trustee, officer or employee knowingly permitted and/or authorized an expenditure not otherwise authorized by an enactment;

i. liability incurred by a trustee resulting from any restitution ordered pursuant to the School Act; and

j. those matters for which the Board, pursuant to its authority under the School Act, may seek indemnity from an employee.

5. Legal Counsel: For those matters provided in Section 2 of this bylaw, and not excluded by Section 4, the trustee, officer or employee may either:

a. retain legal counsel appointed by the Board, in which case legal counsel shall be paid for and directed by the Board;

b. retain legal counsel chosen by the trustee, officer or employee, in which case the Board shall have the right to:

i. approve, in advance, any agreement for legal fees and disbursements;

ii. pay all or part of the legal fees and disbursements and to set a maximum for legal fees and disbursements;

iii. direct the defense and to settle or compromise the claim or action;

iv. tax the account of the legal counsel and the trustee, officer or employee agrees to include such a term in the agreement with their counsel; and

v. determine whether or not the trustee, officer or employee will be reimbursed by the Board for legal fees or any portion of the legal fees that have been paid by the trustee, officer or employee prior to the approval of the Board.

6. Amounts Payable: Any amount that may be payable by the Board shall be reduced by any court costs awarded to the trustee, officer or employee.

7. Advancing Legal Costs: The Board shall give consideration to advancing legal costs to the trustee, officer or employee prior to the final resolution of a claim or action in order to prevent undue hardship. When the Board advances such costs to a trustee, officer or employee, the trustee, officer or employee shall provide written authorization for the Board to deduct an amount equivalent to the costs advanced from future funds payable to the trustee, officer or employee by the Board.

The authorization shall only be used by the Board if it is determined at a later date that the trustee, officer or employee is not entitled to be indemnified pursuant to the terms of this bylaw.

8. Severability: If any section or lesser portion of this bylaw is held invalid, shall not affect the validity of the remaining portions of this bylaw.

 

READ A FIRST TIME THE 15th day of June 2021

READ A SECOND TIME THE 14th day of September 2021

READ A THIRD TIME, RECONSIDERED AND ADOPTED THE 5th day of October 2021

Bylaw 4: Appeal Procedure

A BYLAW OF THE BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 33 (Chilliwack) (hereinafter called "the Board") to establish the procedure for appeals under Section 11 of the School Act.

WHEREAS Section 11 of the School Act and School Act Regulation 24/08 provides that a parent/guardian/caregiver and/or student in the School District may appeal a decision of an employee or employees of the Board if that decision significantly affects the education, health or safety of the student;

WHEREAS the Board wishes to enact the process for the conduct of such appeals;

AND WHEREAS the Board believes that the resolution of concerns is best addressed at the point the concern occurred and appeals will generally not be heard unless the appellants have made efforts to resolve the issue with the decision-maker;

NOW THEREFORE the Board enacts as follows:

This bylaw may be cited as School District No.33 (Chilliwack) Appeal Procedure Bylaw 4.

The definitions contained in the School Act shall apply to this bylaw.

Fairness Principles

1. Students/parents/guardians/caregivers can expect fairness in the appeals process, including:

1.1. the right to be heard,

1.2. the right to adequate notice and timely receipt of relevant information,

1.3. being provided with reasons for decisions,

1.4. an impartial decision maker,

1.5. a respectful process, free from retaliation, and

1.6. confidentiality throughout the process.

Decisions Which May Be Appealed

2. The Board of Education recognizes the right of a student and/or parent/guardian/caregiver of a student under Section 11 of the School Act to appeal a decision of an employee of the Board where such decision significantly affects the education, health or safety of the student.

3. A “decision” for the purposes of this bylaw includes the failure of an employee to make a decision.

4. Examples of grounds for appeal include, but are not limited to:

4.1. disciplinary suspension from school;

4.2. suspension from an educational program, if no other educational program is provided by the board;

4.3. expulsion from an educational program;

4.4. refusal to offer an educational program to a student who is sixteen (16) years of age or older;

4.5. requirement to complete all or part of an educational program by distributed learning, or in an alternate program, as a disciplinary measure, where space and facilities are available in a school;

4.6. exclusion from school for a health condition;

4.7. failure to provide an Individual Education Plan to a student with special needs;

4.8. failure to offer to consult with a parent/guardian/caregiver regarding the placement or Individual Education Plan of a student with special needs;

4.9. denial of an educational program by failure to take action in respect of a complaint of bullying, intimidation, harassment, racism or threat or use of weapons or violence by one or more students against another student; and

4.10. any other decision that, in the opinion of the Board, significantly affects the education, health or safety of a student.

Refusal to Hear Appeals

5. The Board may refuse to hear an appeal where:

5.1. the appeal has not been filed within a reasonable time of the decision being appealed;

5.2. the student or parent/guardian/caregiver appealing the decision has not first discussed the decision being appealed with any persons identified by the Board; or

5.3. the Board determines that the decision does not significantly affect the student’s education, health or safety, including school placement.

Before Filing an Appeal

6. Before an appeal is filed, it is the Board’s expectation that the student and/or parent/guardian/caregiver will discuss (present the concern verbally) the issue in dispute in a constructive manner with those responsible at the school or district level.

6.1. The Board encourages the use of the following steps before an appeal is filed:

Step 1: The student and/or parent/guardian/caregiver will discuss the issue with the teacher/employee who made the decision.

a. The teacher/employee will review information and will inform the parent/guardian/caregiver of their decision within one week.

Step 2: Should the decision in 7.1.1 be unsatisfactory, the student and/or parent/guardian/caregiver will discuss the issue with the principal where the decision was made at the school level, or the responsible administrator, where the decision was made at the district level; and

a. The principal or administrator will review information and will make a decision within one week.

Step 3: The student and/or parent/guardian/caregiver will discuss the issue with the Superintendent and/or administrator(s) appointed by the Superintendent.

a. The Superintendent or administrator will review information and will make a decision within one week.

6.2. The Principal’s/Administrator’s/ Superintendent’s decision at Step 2 or 3, will be provided in writing, with reasons for the decision, along with a copy of the Board Appeal Procedure Bylaw 4.

6.3. Notwithstanding the above, an appellant may file a formal appeal at any point in the process.

7. In order to facilitate resolution of an issue, the district can provide the services of an uninvolved staff member as a navigator and/or provide interpretive services.

Time Limit for Filing an Appeal

8. An appeal must be filed within thirty (30) days of the date the student or parent/guardian/caregiver was informed of the final decision in accordance with section 8 above.

8.1. If the student or parent/guardian/caregiver initiating the appeal (the “appellant”) can demonstrate that there are reasonable grounds to extend this time limit, the Board will consider same.

9. Upon receipt of the notice of appeal, it will be immediately forwarded to the Board, and the appellant will be notified of same.

Filing an Appeal

10. An appeal shall be initiated by filing a notice of appeal in writing with the Secretary Treasurer.

10.1. The notice of appeal shall include the following information:

10.2. the name, address, email address (if applicable), and telephone phone number of the appellant, including the student’s name, school, grade level;

10.3. a description of the decision that is being appealed and its effect on the education, health or safety of the student;

10.4. the name of the employee who made the decision;

10.5. the date the appellant was informed of the decision being appealed;

10.6. the grounds of the appeal and the action requested; and

10.7. the steps that the appellant has taken to discuss the matter directly with the person who made the decision or with other school or district employees.

11. The district will provide assistance with preparing an appeal if requested

11.1. An Appeal Form is available, but not mandatory, provided the information in 12 is provided.

12. Upon receipt of the appeal, the appellant will be provided with details regarding:

12.1. confidentiality and information-sharing;

12.2. a description of how appeal will be conducted, such as an in-person hearing, through written submissions, or both;

12.3. how and to whom appeal submissions can be made and a main, neutral contact person;

12.4. who (what position(s), name of committee) will conduct the review, and how the district ensures an unbiased decision maker will be assigned; and

12.5. any time limits within the appeal process such as when an individual must submit all evidence to be considered on appeal, or time limits for a response to a request for additional information.

13. Where the appellant is a student under the age of nineteen (19) years, the Board shall provide a copy of the notice of appeal to the parent/guardian/caregiver (s) of the student.

14. The Secretary-Treasurer will, upon receiving the notice of appeal, notify the Board, the Superintendent, and the employee whose decision is being appealed.

15. The Superintendent may appoint a person to be responsible for carrying out the responsibilities of the Superintendent under this Bylaw.

Pre-Hearing Procedure

16. The Secretary-Treasurer or their designate is responsible for reviewing the notice of appeal and for communicating with the appellant and others on matters related to the appeal.

17. Where, in the opinion of the Secretary-Treasurer, the appeal does not comply with the requirements for an appeal established under this Bylaw or Section 11 of the School Act (e.g. it is not a decision of an employee which significantly affects the student’s education, health or safety; the appeal was not filed in a timely manner), the Secretary-Treasurer shall refer the preliminary matter to the Board for a determination.

17.1. The Board may ask for written submissions from the appellant and/or the Superintendent on the preliminary matter.

18. The Board shall notify the appellant and the Superintendent of any preliminary decision it may make, including a refusal to hear the appeal.

18.1. The Board will make a preliminary decision, if required, within 10 working days of receipt of the appeal.

18.2. The Board’s preliminary decision not to hear an appeal is final.

19. The Board shall inform appellants of the preliminary decision, provide reasons for the decision and where the decision is not favourable to the appellant, provide information about the next level of appeal.

20. Where, in the opinion of the Secretary-Treasurer, there is no preliminary matter to be determined, arrangements will be made for the hearing of the appeal by the Board.

21. Prior to the date established for the hearing of the appeal, the Superintendent will provide a report to the Board regarding the matter under appeal. The appellants and the employee whose decision is being appealed shall receive a copy of this report.

22. The Board may, prior to the Board hearing the appeal or at any other time, require the appellant discuss the decision being appealed with persons directed by the Board.

23. The Board may make any interim decision it considers necessary pending the disposition of the appeal.

Board Hearing

24. The Board may hold an oral hearing in respect of the appeal and/or may decide the appeal based upon written submissions. Oral hearings, and sessions to consider written materials will be held in an in-camera session.

24.1. The Board shall advise the appellant, the Superintendent and the employee whose decision is being appealed, whether the appeal will be determined based upon written submissions and/or an oral hearing and on any directions established for the hearing of the appeal, including the time frame for oral and/or written submissions.

25. Where the Board decides to hold an oral hearing, the appellant, the Superintendent and the employee whose decision is being appealed, shall be provided with written notice of the date, time and location of the hearing. The correspondence will outline the purpose of the hearing which is to provide:

25.1. an opportunity for the parties to make representations in support of their respective positions to the Board. This information may include medical, psychological, and educational data and may be presented by witnesses. The information may be both written and verbal;

25.2. the Board with the means to receive information and to review the facts of the dispute; and,

25.3. a process through which the Board can reach a fair and impartial decision.

26. The Superintendent and/or designate(s) will have an opportunity to explain the decision, the reasons for the decision and to respond to information presented by the appellant.

27. The appellant will have an opportunity to respond to the information presented by the Superintendent or designate(s).

28. The Board will have the opportunity to ask questions or request clarification from both parties.

28.1. No cross examination of the parties shall be allowed, however, the Board may ask questions of any person appearing at the appeal hearing.

29. The Board shall consider any requests for adjournments in relation to the hearing of appeals and will notify the parties in writing of their decision regarding the adjournment.

30. The Board may adjourn the hearing at any time to obtain additional information where it considers such information would assist the Board in determining the appeal. If the Board requires additional information or clarification in order to make its decision, both parties to the appeal will be requested to return to the hearing for the required information.

31. During the appeal process, the appellant may be accompanied by an advocate, support person and/or interpreter/translator.

32. Notes of the proceedings, excluding Board deliberations, will be recorded for the purpose of the Board’s records.

Decision

33. The Board shall make any decision that it considers appropriate in respect of the matter that is being appealed and any preliminary matters.

34. The Board shall decide the appeal based on the oral and/or written submissions presented to it and any other information obtained by the Board in accordance with this Bylaw.

35. The Board must make a decision within 45 days from the date the notice of appeal was received.

36. The Board shall promptly notify the appellant, the Superintendent and the employee whose decision was appealed of the decision of the Board and shall provide written reasons for the decision within five days of the conclusion of the Board hearing.

37. An appellant may have a right to appeal a decision of the Board made under this Bylaw to the Student Appeals Branch of the Ministry of Education.

Postal Address   Registrar, Student Appeals
Ministry of Education, Student Appeals Branch
PO Box 9146 Stn Prov Govt,
Victoria, BC V8W 9H1
Email  RQHP.fghqragnccrnyf@tbi.op.pnac.cb.vog@slaeppatneduts.CUDE
Telephone1-877-387-8037 or 250-387-8037
Website https://www2.gov.bc.ca/gov/content/education-training/k-12/support/student-disputes-and-appeals

 

READ A FIRST TIME THE 7th day of December 2021

READ A SECOND TIME THE 7th day of December 2021

READ A THIRD TIME, RECONSIDERED AND ADOPTED THE 8th day of February 2022

Bylaw 5: Board Meeting Procedures

A BYLAW OF THE BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 33 (Chilliwack) (hereinafter called "the Board") to establish Board meeting procedures.

WHEREAS the School Act provides that the Board may deal with such matters by bylaw.

AND WHEREAS the Board wishes to enact meeting procedures to ensure that meetings shall be conducted in a democratic and expeditious manner, with an intent to serve students and the public.

NOW THEREFORE the Board enacts as follows: This bylaw may be cited as School District No. 33 (Chilliwack) Board Meeting Procedures Bylaw 5.

1. Oath of Office, Inaugural Meeting and Election of Board Officers

1.1. A person elected or appointed as a Trustee must take a prescribed oath of office, by oath or solemn affirmation, within the timelines outlined in the School Act, before taking their seat on the Board.

1.2. After the general local election of Trustees, the Secretary Treasurer will convene a first meeting of the Board as soon as possible and, in any event, within 30 days from the date that the new Board begins its term of office.

1.3. The Secretary Treasurer will call the meeting to order and will preside until a Chair has been elected.

1.4. The Secretary Treasurer will announce the results of Trustee elections and confirm that all Trustees have taken the oath of office, or will administer or cause the oath of office to be administered.

1.5. The Secretary Treasurer will call for nominations for the position of Board Chair.

1.5.1. Trustees may not nominate themselves.

1.5.2. Nominations do not require a seconder.

1.5.3. After each nomination, the Secretary Treasurer will request that each candidate accept or decline their nomination.

1.5.4. Once nominations are closed, Trustees, who have accepted a nomination, may address their colleagues for two minutes.

1.5.5. Trustees who are not elected for one office may accept a nomination for another office.

1.6. The Secretary Treasurer will then conduct a vote by secret ballot. The Secretary Treasurer may designate one or more staff members as scrutineers to count the ballots. A person receiving a clear majority of votes cast shall be elected Board Chair. If no person receives a majority, further ballots will be taken.

1.6.1. If more than two candidates are on a ballot and no majority is reached, then candidate/s with one vote will be eliminated from the next ballot.

1.6.2. In the event of a 3-2-2 vote the Trustees with two votes will be on a separate ballot and the winner will be included in a final ballot with the Trustee who received three votes.

1.6.3. The Secretary Treasurer will declare the duly elected Chair of the Board for the ensuing year and will vacate the Chair.

1.6.4. All ballots shall be destroyed by motion of the Board.

1.7. Upon assuming the chair, the Board Chair will call for nominations for Vice-Chair, and then for the BCSTA Provincial Councilor and BCPSEA representative (and their alternates) for the ensuing year and will conduct each election in the same manner as described in 1.5 and 1.6 above.

1.8. The Chair and Trustees serve at the pleasure of the Board or until the annual special meeting in the following December.

2. Annual Special Meeting and Election of Board Officers

2.1. In the years when no inaugural meeting is required, an annual special meeting of the Board will be held no later than the second Tuesday in December. The Secretary Treasurer will preside as Chair at the meeting to elect a chair as per 1.5 and 1.6 above. When the Board Chair is elected, the Chair will then proceed as per 1.7 above.

3. Meetings of the Board - General Provisions

3.1. Annually, the Board of Education will determine the schedule of Board meetings for the following school year.

3.2. All meetings will begin with an acknowledgement of Traditional Stó:lō Territory.

3.3. A quorum of the Board is a majority of the Trustees holding office at the time of the meeting.

3.4. Any Trustee with a conflict of interest shall immediately declare so and follow the guidelines in Policy 131 Trustee Conflict of Interest.

3.5. At the appointed time for commencement of a meeting, the presiding officer will ascertain that a quorum is present before proceeding to the business of the meeting. If a quorum has not been made within one-half hour after the appointed time, the meeting shall stand adjourned until the next meeting date or until another meeting has been called in accordance with this Bylaw.

3.6. In the event both the Chair and Vice Chair are absent, a chair will be decided by drawing of lots of those trustees willing to have their name stand.

3.7. After a meeting has commenced, if notice is drawn to a lack of quorum, the presiding officer shall adjourn the meeting to the next regular meeting date or to another meeting called in accordance with this Bylaw.

3.8. Meetings of the Board shall be conducted in accordance with this Bylaw and, where the Bylaw is silent, using Robert’s Rules of Order, Newly Revised.

3.9. A motion, when introduced, brings business before the meeting.

3.9.1. The presiding officer may divide a motion containing more than one subject and it will be voted on in the form in which it is divided.

3.9.2. A replacement or substitute motion or an amendment should be worded in a concise, unambiguous, and complete form and, if lengthy or complex, should be provided in writing. Staff can provide assistance with wording, if requested.

3.9.3. All debateable motions shall be seconded.

3.10. Wherever possible, requests for information are to be addressed prior to the question being considered.

3.11. Debate shall be strictly relevant to the question before the meeting and the presiding officer will advise speakers when violating this rule.

3.11.1. Speakers shall be recognized by the Chair and will address remarks to the Chair.

3.11.2. Each Trustee has the right to speak twice on the same question on the same day but cannot make second comments so long as any Trustee who has not spoken on that question desires to speak. No Trustee shall speak for more than three minutes at one time.

3.11.3. Debate may be extended, subject to a motion requiring a majority vote.

3.12. A matter of privilege (a matter dealing with the rights or interests of the Board as a whole or of a Trustee personally) may be raised at any time and will be dealt with forthwith before resumption of business.

3.13. No Trustee shall interrupt another Trustee who has the floor except to raise a point of order or a point of privilege, or to disclose a conflict of interest.

3.14. It is expected that all Trustees present at a duly constituted meeting of the Board will vote on each motion, unless a Trustee has a declared conflict of interest, in which case the Trustee must not vote.

3.14.1. The Board chair shall vote at the same time as other Trustees.

3.14.2. Voting, unless elsewhere stipulated, shall be by show of hands. The record will indicate Trustees in favour, opposed or abstained for each motion.

3.15. The Board-approved written minutes are the official record of a meeting.

4. Regular Public Meetings

4.1. Regular Board meetings shall be open to the public.

4.2. The Chair will ensure that a draft agenda and notice of meeting is prepared in consultation with the Vice Chair, the Superintendent and the Secretary Treasurer. Proposed items may be requested to be on the draft agenda in one of the following ways:

4.2.1. By notifying the Board Chair, Vice Chair or Superintendent eleven (11) days prior to the board meeting.

4.2.2. By notice of motion at a previous meeting within the trustee’s written report.

4.2.3. As a request from a committee of the Board.

4.3. Where a Trustee has proposed an item for the agenda and it has not been included, the Chair will advise the Trustee and provide reasons.

4.4. The proposed agenda and supporting documentation will be posted on the district website on Friday afternoon prior to the meeting. Written notice of each meeting, together with the proposed agenda, will be provided to each Trustee by email using the school district provided email account at least 24 hours prior to the agenda being made public.

4.5. The order of business at regular Board meetings shall be:

4.5.1. call to order, acknowledgement and inclusion statement

4.5.2. adoption of agenda

4.5.3. reading and approval of minutes

4.5.4. strategic presentations/delegations

4.5.5. reports

4.5.5.1. written Board Advisory and Working Committee reports and/or minutes

4.5.5.2. Trustee written reports

4.5.5.3. information item reports

4.5.6. public participation: comments and/or questions concerning the agenda

4.5.7. action items

4.5.8. meeting summaries

4.5.9. public participation: comments and/or questions concerning the agenda

4.5.10. superintendent update

4.5.11. adjournment

4.6. An addition or deletion to the agenda, or change to the order of business, may be proposed by any Trustee at the adoption of the agenda. Any addition to the agenda, or change to the order of business, shall require a majority vote.

4.7. Trustee Reports

4.7.1. Trustees will prepare a short, written report regarding their liaison and representation assignments.

4.8. A regular meeting will stand adjourned at three hours after its commencement unless a resolution is passed by a majority vote to extend the hour of adjournment.

4.9. Minutes of the proceedings of regular meetings will be stored in digital format certified as correct by the Secretary Treasurer or other employee designated by the Board under the School Act, and signed by the Chair or other member presiding at the meeting or at the next meeting at which the minutes are adopted.

4.9.1. The minutes of the regular public meeting will be open for inspection at all reasonable times.

4.9.2. Copies and extracts will be made available in accordance with the School Act.

4.10. If the Secretary Treasurer is unable to attend the meeting, another employee must be appointed by Board motion to serve as acting Secretary Treasurer to record motions and their disposition.

4.11. In accordance with the School Act, the Chair may expel from the meeting a person, other than a Trustee, that the Chair considers is conducting themselves improperly.

4.11.1. A majority of the Trustees present at a meeting of the Board may expel a Trustee from the meeting for improper conduct.

5. Public Participation in the Public Meeting

5.1. Communication with the public is extremely important. The public Board meeting is the formally designated means of transacting Board business. Two public participation periods are therefore provided solely as a means for ensuring that community members who are present in the audience have an opportunity to provide comments and/or ask questions about business or issues pertaining to the Board agenda.

5.2. The public participation periods are open to comments and/or questions from the public concerning the agenda.

5.2.1. Each public participation period will generally be allotted fifteen minutes.

5.2.2. Speakers must identify themselves before speaking.

5.2.3. Individuals will be limited to a total of two minutes per speaker.

5.2.4. Persons addressing the Board are reminded that, when requests or questions are directed to the Board, actions or answers to many questions may be deferred pending Board consideration.

5.2.5. The Chair may indicate another means of response if question cannot be answered at the time.

5.3. Community members who have other comments or questions are encouraged to contact Trustees or the Superintendent or, if desired, to appear as a formal delegation on the Board agenda in accordance with section six of this Bylaw.

5.4. Matters currently under negotiation or litigation, or related to personnel or student circumstances, are not permitted and will not be addressed in the public participation periods.

5.5. The Chair shall have the authority to terminate the remarks of any individual who does not adhere to this Bylaw.

6. Delegations

6.1. Delegations comprised of an individual or groups of students, parents, teachers and others are welcome at regular meetings.

6.2. Delegations that wish to appear before the Board shall submit a request in writing to the Secretary Treasurer ten days prior to the meeting, outlining the item(s) they wish to present and naming a spokesperson.

6.3. A maximum of ten minutes will be allowed for each delegation to make a presentation.

6.4. The Secretary Treasurer will review the delegation request at the agenda review meeting and, if accepted, will then make the appropriate arrangements for the delegation to appear.

6.5. A delegation accepted to appear before the Board may present written material to the Board which must be provided at least five working days prior to the meeting for inclusion on the Board agenda.

6.6. The Board will hear the delegation’s presentation and the Trustees may ask questions for clarification. The Board will ordinarily take the presentation under advisement and will take action after due deliberation, usually at a subsequent meeting.

6.7. If circumstances warrant, the Board may receive such individuals or delegations "incamera".

7. In-camera Board Meetings

7.1. If, in the opinion of the Board, the public interest so requires, persons other than Trustees may be excluded from a meeting.

7.2. Unless otherwise determined by the Board, the following matters shall be considered in an in-camera meeting:

7.2.1. salary claims and adjustments and consideration of requests of employees and Board officers with respect to collective bargaining procedures;

7.2.2. accident claims and other matters where Board liability may arise;

7.2.3. legal opinions respecting the liability or interest of the Board;

7.2.4. the conduct, efficiency, discipline, suspension, termination or retirement of employees;

7.2.5. medical reports;

7.2.6. matters pertaining to individual students including the conduct, discipline suspension or expulsion of students;

7.2.7. staff changes including appointments, transfers, resignations, promotions and demotions;

7.2.8. purchase of real property including the designation of new sites, consideration of appraisal reports and accounts claimed by owners, determination of Board offers and expropriation procedures;

7.2.9. lease, sale or exchange of real property prior to finalization thereof;

7.2.10. matters pertaining to the safety, security or protection of Board property; and

7.2.11. such other matters where the Board decides that the public interest is best served.

7.3. If the Secretary Treasurer is unable to attend the meeting, another employee must be appointed by Board motion to serve as acting Secretary Treasurer for the purpose of the meeting, to record motions and their disposition.

7.4. No Trustee shall disclose to the public the proceedings of an in-camera meeting unless a resolution has been passed at the in-camera meeting to allow such disclosure, except such as might be necessary to enforce the conflict of interest provisions of the School Act.

7.5. The Board will prepare a meeting summary listing the general nature of the matters discussed. The in-camera meeting summary will be presented at the next regular public meeting of the Board.

7.6. The Chair will ensure a draft agenda and notice of an in-camera meeting is prepared in consultation with the Vice Chair, the Superintendent and the Secretary Treasurer. Proposed items may be requested to be on the draft agenda in one of the following ways:

7.6.1. By notifying the Board Chair, Vice Chair or Superintendent eleven (11) days prior to the meeting.

7.6.2. By notice of motion at the previous meeting.

7.6.3. As a request from a committee of the Board.

7.7. Where a Trustee has proposed an item for the agenda and it has not been included, the Chair will advise the Trustee and provide reasons.

7.8. The proposed agenda and supporting documentation will be provided to each Trustee by email using the school district provided email account at least 48 hours prior to the meeting.

7.9. The order of business at in-camera meetings shall be:

7.9.1. call to order

7.9.2. meeting attendance

7.9.3. adoption of agenda

7.9.4. approval of minutes

7.9.5. information items

7.9.6. action items

7.9.7. adjournment

7.10. A change to the order of business may be proposed by any Trustee at the adoption of the agenda. Any addition or deletion to the agenda, or change to the order of business, shall require a majority vote.

7.11. An in-camera meeting shall adjourn or recess at least 15 minutes before the regular public meeting and shall not exceed a total of 2 hours unless a resolution is passed by a majority vote to extend the hour of adjournment.

8. Special Meetings

8.1. Special meetings are any Board meetings held between the regularly scheduled meetings.

8.2. A special public or special in-camera meeting of the Board may be called by the Chair or, upon written request by a majority of the Trustees, will be called by the Secretary Treasurer.

8.3. The agenda and supporting documentation will be provided to each Trustee by email using the school district provided email account at least 48 hours prior to the meeting.

8.3.1. Delivery of a written notice and the agenda may be waived by a majority vote of Trustees holding office, provided all reasonable steps have been taken to notify all Trustees of the meeting.

8.4. No business other than that for which the meeting was called shall be conducted at the meeting unless waived unanimously by all Trustees present.

8.5. If the Secretary Treasurer is unable to attend the meeting, another employee must be appointed by Board motion as acting Secretary Treasurer for the purpose of the meeting, to record motions and their disposition.

9. Electronic Participation by Trustees

9.1. In accordance with the School Act, Trustees may participate in or attend a meeting of the Board by telephone or other means of communication, provided that all Trustees and other persons participating in or attending the meeting are able to communicate with each other.

9.2. If a Trustee participates in or attends a meeting of the Board by telephone or other means of communication, the Trustee is to be counted for the purpose of establishing a quorum.

 

READ A FIRST TIME THE 12th day of September 2023

READ A SECOND TIME THE 12th day of September 2023

READ A THIRD TIME AND ADOPTED THE 12th day of September 2023