Article 1. Name and Principal Office
Rock Creek School District shall be the “Rock Creek Grant School”. The principal office of the Rock Creek Grant School Board shall be located at the Rock Creek Grant School administrative office in the community of Rock Creek on the Standing Rock Indian Reservation. The address is Post Office Box 127, Rock Creek, SD 57621. The registered office of the School District for service of process shall be the Principal’s office.
Article II. Purpose
The primary purpose of the Rock Creek Grant School Board is to establish an atmosphere and administration for Rock Creek Grant School to enable the students, faculty and staff to fulfill the Mission Statement of the Rock Creek Grant School.
The Rock Creek Grant School Board is composed of five members elected by the residents of the Rock Creek District of the Standing Rock Indian Reservation. Candidates for the Rock Creek Grant School Board must by eligible to vote in the elections of the Standing Rock Sioux Tribe as residents of Rock Creek District.
The business and affairs of the Rock Creek Grant School District shall be managed under the authority and direction of the Rock Creek Grant School Board. The Rock Creek School District is responsible for determining the educational policies and procedures of the Rock Creek Grant School. As the educational Board of and for the Rock Creek Grant School, the Board shall be final decision-making authority of the Rock Creek Grant School.
The Rock Creek Grant School Board shall –
1. Be informed on all areas of education such as legislation, educational administration, school finances, and applicable laws.
2. Consider the educational needs and welfare of all Standing Rock Sioux Tribal members and other Indian students in or near Rock Creek District of the Standing Rock Indian Reservation.
3. Ensure the quality of educational standards and resources, meet quality and recognized accreditation standards and measures of effectiveness, and establish and comply with all regulations to maintain the best educational opportunities for the Rock Creek Grant School.
4. Function as a resource for the Standing Rock Sioux Tribe and Rock Creek District on educational policies and programs.
5. Establish effective policies, procedures, structures, and practices for governance, administration and operation of the Rock Creek Grant School.
Article III. Power and Duties
The Rock Creek Grant School Board shall exercise the following powers and duties –
1. Recruit, interview and employ staff for required and supplementary services, establish a comprehensive personnel management system with procedures constituting due process for all regular and full-time employees.
2. Establish operating policies, procedures, guidelines and structures for manage and operate the funding and programs of the Rock Creek Grant School.
3. Establish a system-wide planning and evaluation process to measure needs and priorities and to measure the effectiveness of programs and services at the Rock Creek Grant School.
4. Establish and approve of an annual budget and establish a financial management system, with provisions for investment of funding in accordance with Public Law 93-638, Public Law 100-297 and OMB Circular A-87 (or successor document).
5. Develop policies and procedures for admission, instruction, supervision, and graduation of students.
6. Develop facilities, policies, and programs that ensure a safe and supportive environment for students and staff.
7. Provide direction to the Principal of the Rock Creek Grant School in the areas of policy, procedure, expectations, reporting requirements of the Board, and other areas that the Board deems appropriate.
8. Participate in scheduled work and training sessions for school improvement, planning, and policy development.
9. Establish procedures for direct and effective communication with parents, parent committees and community members.
10. Maintain all required educational programs and services and acquire resources for such supplemental programs and services that are determined to be needed to improve school operations and meet student needs.
11. Retain legal counsel and such other technical assistance or other resources as may be necessary to govern the Rock Creek Grant School District.
12. Consult with Standing Rock Sioux Tribal Council on educational policies, programs and accomplishments at Rock Creek Grant School.
13. Seek funds from Federal, State, Private and other sources for the enhancement of the educational programs and services at the Rock Creek Grant School.
14. Establish and engage in other activities that are consistent with and will facilitate achieving the Mission Statement of the Rock Creek Grant School.
15. Make annual reports, or such other reports as required by either the Standing Rock Sioux Tribe Health, Education and Welfare Committee or the Standing Rock Sioux Tribal Council, setting forth the general state of education at the school, including but not limited to number of students, faculty, funding, and other issues of importance to the Standing Rock Sioux Tribe.
16. Other duties that are consistent with these By-laws or that may be required under Public Law 100-297.
Article IV. Membership of Board
The number of members of the Rock Creek Grant School Board is five. Three of the seats on the Board are to be for four-year terms. Two of the seats on the Board are to be for two-year terms. The election of the Board members shall be conducted at the same time and manner as the General Election of the Standing Rock Sioux Tribe and pursuant to the Standing Rock Sioux Tribe Election Code.
1. Seating of New Board Members. Newly-elected members of the Board shall assume their seats on the Board at the first regular monthly meeting of the Board which follows certification of the results of the Tribal General Election.
2. Board Vacancies. Any vacancy occurring in the Rock Creek Grant School Board shall be filled pursuant to Tribal law by appointment of the Local District Council. The member of the Rock Creek Grant School Board that is selected in this manner shall serve for the remaining term of the vacant seat on the Board.
3. Resignation of Board Members. A Board member may resign by sending written notice of resignation to the Chairperson of the Board. A resignation is effective the first regular meeting after written notice is received by the Chairperson.
4. Removal of Board Members.
4.1 Criteria for Removal. A member of the Rock Creek Grant School Board may be removed from their office upon a majority vote, only if any of the following are shown to exist:
4.1.1 Unexcused or unjustified absence for three regular meetings in a 12 month period; or
4.1.2 No longer meet eligibility requirements for seat on the Board; or
4.1.3 Violation of these By-laws, Tribal law or Federal law.
4.2 Notice Requirements. The School Board must provide written notice to any School Board members subject to an action for removal. The notice must be received not less than 14 days prior to the date of the meeting in which the proposed removal action is discussed. The notice must include –
4.2.1 A statement of the intent of the Board to consider removal from office;
4.2.2 A statement of reasons; and
4.2.3 Specific sections of these By-laws, Tribal law or Federal law that are alleged to have been violated.
4.3 Due Process Rights. At any meeting for removal of a member of the School Board, such Board members shall have the right to –
4.3.1 Legal counsel or other representative;
4.3.2 Present evidence, witnesses, and rebuttal evidence; and
4.3.3 Confront adverse witnesses.
Article V. Election of Officers
1. Number. The officers of the School Board shall be a Chairperson, Vice-Chairperson, and a Secretary, each of whom shall be elected by and from within the School Board.
2. Election and Term Office. The officers shall be elected annually by the School Board at the regular meeting of the Board held in July. The officers shall serve one-year terms.
3. Vacancies. A vacancy in any office because of death, resignation, removal disqualification or otherwise, may be filled by the Rock Creek District Council pursuant to Tribal law for the unexpired portion of the term.
Article VI. Officers
1. Chairperson. The Chairperson shall preside over all meetings of the School Board; sign with the Secretary or any other proper officer contracts or other instruments which the Board has authorized to be executed; and in general perform all duties incident to the office of President and such other duties as may be prescribed by the Board from time to time.
2. Vice-Chairperson. In absence of the Chairperson or in the event of his or her death or inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson and when so undertaken shall have all the powers of and be subject to all the restrictions upon the Chairperson. The Vice-Chairperson may perform such other duties as from time to time may be assigned to him by the School Board.
3. The Secretary. The Secretary shall –
3.1 Keep the minutes of the proceedings of the School Board;
3.2 See that all notices are duly given in accordance with the provisions of these By-laws or as required by law.
3.3 Be custodian of the records of the School Board;
3.4 Sign with the Chairperson or Vice-Chairperson contracts or other instruments of the Rock Creek Grant School District; and
3.5 In general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned by the School Board.
Article VII. School Board Meetings
1. Regular Meetings. A regular meeting of the School Board shall be held without other notice than this By-law at 7:00 p.m. (central time) on the second Wednesday of each calendar month, beginning September 12, 2007, clause for change of requirements.
2. Special Meetings. Special Meetings of the School Board may be called by or at the request of the Chairperson or any three Board members. The person or person authorized to call special meetings of the Board may fix any place, either within or without the Standing Rock Indian Reservation, as the place for holding any special meeting of the School Board.
3. Public Access. All meetings of the Board shall be open to the public with the exception of any part of any meeting conducted in executive session.
4. Notice. Notice any special meeting shall be given at least 24 hours notice previously thereto by written notice delivered personally or mailed to each School Board member at his home address. Such notice shall be deemed to be delivered when deposited in the United States mail, so addressed, with postage thereon prepaid.
5. Quroum. A majority of the number of members of the School Board, or three, shall constitute a quorum for the transaction of business at any meeting of the Board.
6. Manner of Acting. The act of the majority of the school Board members present at a meeting at which a quorum is present shall be the act of the School Board.
7. Chain of Command – Chairperson, Vice-Chairperson, Secretary.
8. Action without a Meeting. There shall be no legal action of the Board without a meeting duly called and noticed according to the provisions of these by-laws, signing off on FDD’s and other.
9. Compensation. School Board members may be paid a stated stipend of $150.00 per meeting or training.
10. Presumption of Assent. A Board member who is present at a meeting of the Board at which action on any matter is taken shall be presumed to have assented to the action taken unless such dissent shall be entered in the minutes of the meeting or unless he or she shall file such written dissent to such action with the person acting as the Secretary of the meeting before the adjournment thereof or shall forward such dissent in written letter to the Principal.
11. Voting. The Chairperson of the Board shall cast a vote as any other member of the Board.
Article VIII. Conduct of Meetings
1. Agenda. The presiding officer at all meetings shall adhere to the following meeting procedures –
1.1 Opening prayer
1.2 Call to order
1.3 Approve of agenda
1.4 Community/parent time limit 5 minute request
1.5 Act on minutes of preceding meeting
1.6 Chairperson’s report
1.7 Principal’s report – update and trainings
1.8 Old business
1.9 New business – financial report
2. Board minutes and records. The Secretary shall be responsible for recording all School Board actions, transactions, and data pertaining to official School Board business. Dissemination of School Board minutes shall be in accordance with the procedures included in the Policies and Procedures of the school. All official and original documents of the school Board (including but not limited to minutes; handbooks; budget reports; policy manuals and resolutions) shall be kept in the administrative office under lock in key.
The primary function of the School Board minutes is to document official School Board actions. Therefore, extensive narrative on discussions needed not be maintained as a portion of the official proceedings of the School Board meetings. The following format will be discussed to document Board meetings:
2.1 Date, time and location of meeting;
2.2 Agenda (attachment)
2.3 School Board members present and absent
2.4 Individual listing of reports, items, or information presented, Board action taken; and
2.5 Meeting beginning and ending times.
3. Preparation for Board meeting. The Rock Creek Grant School Principal shall be responsible for coordinating the preparation and submittal of data, reports, information, recommendations, or other applicable items to the Board for the agenda for regular School Board meetings. School Board members will provide the Principal with any similar information or documents prior to School Board meetings to assist the conduct of business at regularly scheduled meeting of the School Board.
4. Presentation to the Board.The public and members of the School staff as individuals or as members of an employee organization, as differentiated from them in an official capacity appearing in the line of duty, shall have an opportunity to make presentations to the school Board. The Chairperson may limit presentations in his or her reasonable discretion as presiding officer. According to the Robert Rules of Order.
4.1 Advanced request procedures. A person or group who wishes to address the school Board should make the request, preferably in writing, to the Chairperson, indicating the subject of the presentation. This should be done before the meeting, if possible, and clearly before the Board adopts the agenda for such meeting.
4.2 Recognition from the floor. Recognition from the floor in the case where no advance request was made by the person desiring recognition may be granted at the discretion of the Chairperson.
4.3 Addressing the Board. Upon recognition by the Chairperson, the speaker is to clearly state their name, tribal affiliation, residence, and the subject of their remarks.
4.4 Time limit for presentations. The time allotted to any speaker is at the discretion of the Chairperson, who, upon recognizing the speaker, is to indicate the time being permitted for the presentation.
4.5 Complaints concerning students or employees of school.
4.5.1 The Board shall establish in writing the procedures to be used to bring complaints of students or employees before the Board. The policies established must recognize the right of privacy of individuals. The Board shall not honor any request of individuals or groups who desire to discuss complaints against students or employees until such signed complaints have gone through established and proper channels. The Chairperson shall rule such a speaker to be out of order until they have complied with the policies of the Board.
5. Executive session. The Board may hold meetings executive session when deemed necessary, for discussion of matters involving students, personnel, or related issues. No Board action may be taken while the Board is in executive session.
Article IX. Other Provisions
1. Bonding. All School Board members and those administrative personnel charged with the responsibility for funds of the school shall be bonded.
2. Legal Counsel. The School Board may retain an attorney to provide assistance on legal matters and to conduct legal research or other legal services.
3. Fiscal Management. The School Board shall be responsible for adopting a budget as well as policies and procedures to govern and provide for that funding needed to acquire building, staff, materials, equipment and other resources which will enable the school to carry out the educational and support programs and services of the school. The school Board is responsible for exercising control over the finances of the school to assure proper use of, and accounting for, all school funds of the Rock Creek Grant School.
4. Policy Development Amendments. The school Board shall be responsible for developing the overall governing structure, policies, and procedures required for the effective operation and management of the school and school-related programs and services. The Principal, upon direction of the Board, shall be responsible for advising the School Board of the need for policies in specific areas of operation. School Board policies shall be effective only –
4.1 Upon posting of anticipated new or revised policies in the Rock Creek Grant School facilities for a period of not less than forty-eight hours.
4.2 At a regular meeting of the school Board following posting of notice as provided herein.
Article X. Waiver of Notice
Whenever any noticed is required to be given to any member of the Board under the provisions of these By-laws, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. The presumption of assent as defined in these By-laws also constitutes waiver of notice.
Article XI. Amendments
These By-laws may be amended and new By-laws may be adopted by the School Board at any regular or special meeting. Any amendment of these By-laws prior to becoming effective must be submitted to the Standing Rock Sioux Tribe Health, Education, and Welfare committee for review and submission to the Standing Rock Sioux Tribal Council with recommendation to approve or disapprove.
Article XII. Fiduciary Duties of School Board
The members of the Rock Creek Grant School Board possess a fiduciary duty to the Rock Creek Grant School. This fiduciary duty includes –
1. A duty of loyalty to the Rock Creek Grant School District; a duty of the diligence to perform the obligations of their office; and a duty of reasonable care in the performance of their duties.
2. The duty of diligence includes a positive duty to attend meetings of the Board and frequent delinquency may constitute negligence unless there is an approved method for attendance of meetings by proxy.
3. Members of the Rock Creek Grant School Board should devote to the carrying out of their official responsibilities that degree of diligence and care which a prudent person would exercise in like circumstanced, usually the same degree of diligence and care which the members of the Rock Creek School Board would apply to the conduct of his/her own affairs.
4. Members of the Rock Creek Grant School Board should possess of at least the minimum knowledge and skill necessary to manage the affairs of the Rock Creek Grant School District.
5. Members of the Rock Creek Grant School Board shall comply with the Constitution of the Standing Rock Sioux Tribe, Code of Justice of the Standing Rock Sioux Tribe, and Charter and By-laws of the Rock Creek Grant School District.
6. An individual member of the Rock Creek School Board has no authority to act for and on behalf of the Board or to bind the Rock Creek School District in dealing with third parties, except by executing his/her office in a fully convened meeting of the Board unless he/she has been specifically so authorized by resolution duly adopted by the Board itself.
7. An individual member of the Board has no more authority to act for and on behalf of the Rock Creek School District, or to bind the School District in dealing with third parties, than a mere member of the Board, except to the extent they are specifically authorized by Tribal law or by these By-laws or by resolution of the Board itself.
8. For members of the Board to take legal action in a meeting of the Board, the meeting must be one that is duly and properly noticed and held.
9. Members of the Board are fiduciaries, having rights and powers to be exercised for and on behalf of others, and as such he/she will be acting as an agent or trustee exclusively for the best interest of the Rock Creek Grant School and the students thereof.
10. Since each member of the Board is a fiduciary, they may not so contract with third parties as to make it impossible for him/her to exercise his/her best judgment, skills and fairness in executing the office as a member of the Board of the Rock Creek School District.
11. Members of the Board should not authorize or permit the Rock Creek Grant School to engage in activities other than those in which it is legally empowered to engage.
12. Members of the Board shall have the legal right to receive an expense reimbursement for their service only as is specifically authorized by the approved operating budget of the Rock Creek Grant School, which meets the requirements of OMB Circular A-87 and other applicable statues and regulations, Tribal ordinance, resolution or these By-laws. There shall be no reimbursement of expenses without a true and proper receipt for such expenses. Board members shall provide true and proper receipts verifying the expenditures incurred pursuant to an advance payment for expenses for travel or similar expenditures.
13. Members of the Board have a duty of confidentiality regarding matters discussed in Executive Sessions of the Board.
Article XIII. Ethical Standards for School Board Members
The members of the Rock Creek Grant School Board shall follow the Code of Ethics prescribed in this Article. The members of the Board shall-
1. Conduct themselves in a prudent manner while in office and on delegations shall uphold the esteemed status of the Standing Rock Sioux Tribe.
2. Not abuse their position as public officers and/or shall not use their position unethically to advance or for their own personal gain or the interest of relations who are of the third degree.
3. Be of good health and sound mind to carry out their duties as members of the Rock Creek Grant School Board.
4. Faithfully discharge their duties in a pleasant and courteous manner.
5. Not discuss their decisions and opinions about other members of the Board and maintain loyalty to the Rock Creek Grant School.
6. Agree that any single officer shall refrain from making any decision pertaining to the business of the Standing Rock-Rock Creek Grant School. Any decision or transaction that is binding on the District shall take the majority of the Board, in the absence of a specific delegation of authority in the Standing Rock Tribal Code of Justice, resolution of the Board, or these By-laws.
7. Refrain from using threats or intimidation of fellow Board members or the public while in office.
8. Follow all rules and regulations and policies set forth by the Standing Rock Sioux Tribe and Bureau of Indian Affairs and Rock Creek Grant School.
9. Take an oath of office or swearing-in ceremony when elected as a member of the Rock Creek Grant School Board.
10. Refrain from consideration in any proceedings involving a relative of the third degree of blood or closer.
Article XIV. Approval
For the purposes of governing the Rock Creek Grant School under the laws of the Standing Rock Sioux Nation, the undersigned, officers of the Rock Creek Grant School Board, hereby execute these By-laws upon direction of the Board after the By-laws were duly and properly approved by the School Board on [Date, 2011].
Frances Jimboy, Chairperson, Rock Creek Grant School Board
Melbert Mutchler, Vice-Chairperson, Rock Creek Grant School Board
These By-laws have been approved by the Standing Rock Sioux Tribal Council on [Date, 2011].
Corrie Brown Otter, Secretary, Standing Rock Sioux Tribal Council
WHEREAS, the Rock Creek Grant School Board met in a duly called meeting at 7:00 o’clock pm on [Date, 2011] at the Rock Creek Grant School at Bullhead, SD with a quorum present; and
WHEREAS, the Standing Rock Sioux Tribe and its Health, Education, and Welfare Committee have directed the school to draft and submit Articles and By-laws for submission to and approval by the Standing Rock Sioux Tribal Council, and
WHEREAS, the school Board reviewed the Articles and By-laws that were drafted and reviewed by the school’s attorney and reviewed by the attorney for the Standing Rock Sioux Tribe both of whom indicated that both the Articles and By-laws were in proper substantive and procedural form; and
WHEREAS, the school Board has found the Articles and By-laws to be proper both in terms of substance and procedure.
THEREFORE, BE IT RESOLVED, that the Rock Creek Grant School Board hereby adopts and approves the Articles of Incorporation of Rock Creek Grant school consisting of six pages, a copy of which is attached hereto and incorporated herein by reference, and authorizes and directs Frances Jimboy, Chairperson, and Melbert Mutchler, Vice-Chairperson, to sign and endorse the Articles of Incorporation; and
BE IT FURTHER RESOLVED, that the Rock Creek Grant School Board hereby adopts and approves the By-laws of Rock Creek Grant School consisting of thirteen pages, a copy of which is attached hereto and incorporated herein by reference, and authorizes Frances Jimboy, Chairperson, and Melbert Mutchler, Vice-Chairperson, to sign and endorse the By-laws; and
BE IT FURTHER RESOLVED, that the Rock Creek Grant School Board hereby directs that a true and correct copy of the Articles of Incorporation and By-laws approved by this Resolution be submitted to the Standing Rock Sioux Tribe Health, Education, and Welfare Committee for review and submission to the Standing Rock Tribal Council for approval.
The above resolution was duly considered by the Rock Creek Grant School Board on the __ day of __, 2011, with a quorum present, and was duly passed by a vote of __ in favor, __ against, and __ not voting.
Nicole Omen, Secretary, Rock Creek Grant School Board