I. LEGAL AUTHORITY, RESPONSIBILITY AND POWERS
	II. TYPE OF SCHOOL CORPORATION AND GOVERNING BODY
	II. A. Original Organization
	II. B. Reorganization
	II. C. Elected School Board Plan (Resolution 92-4)
	III. MEMBERS
	IV. BOARD OFFICERS
	V. BOARD OF FINANCE
	VI. LEGAL SERVICES
	VII. SPECIAL COUNSEL

I. LEGAL AUTHORITY, RESPONSIBILITY AND POWERS
I A. Responsibility and Legal AuthorityThe State of Indiana has mandated in its constitution that the General Assembly shall provide for a uniform and tuition-free system of education in Indiana. In providing educational programs, the General Assembly has delegated such responsibility to local school corporations and their governing bodies to conduct an educational program for all children. Within the boundaries of the School City of Hobart, its Board of Trustees has such responsibility.

 SOURCE: Constitution of Indiana, Article VIII, Section 1
Indiana General School Powers Act I.C. 20-5-1 [The General School Powers Act sets forth the general and specific powers of the governing body of each school corporation.]

 In 1989, the state legislature granted to school corporations, including the School City of Hobart, in addition to other powers specifically granted, "all other powers necessary or desirable in the conduct of its affairs, even though not granted by statute or rule." (School Corporation Home Rule, I.C. 20-5-1.5)

 I B. Policy Making RoleThe Board's central function in providing an educational program is policy making and planning long and short term goals. Through its policy- making function, the board determines what shall be done, selects an executive officer (superintendent), and delegates to him the execution and administration of such policies and plans, providing the necessary financial means for their achievement.

 I C. Evaluative RoleIn determining the effectiveness of the execution of policies, the Board of School Trustees shall annually evaluate the performance of the superintendent.

II. TYPE OF SCHOOL CORPORATION AND GOVERNING BODY

II A. Original Organization
The School City of Hobart was originally organized as a school city of the fourth class with school trustees appointed by the common council of such city.

II B. Reorganization
Subsequently, the school city became a reorganized school corporation under the amended provisions of the School Corporation Reorganization Act of 1959 with a plan of organization adopted by the General Commission on Education, effective July 1, 1969.

 The plan approved by statute and subsequent action of the Department of Education provided for five (5) members of the Board of School Trustees to be appointed by the Common Council of the City of Hobart in the month of June for a term of three (3) years. The term of office of members of the Board of School Trustees commenced on July 1 of the year of appointment and terminated on June 30 of the third year of such term under this plan of organization. In the event of a vacancy on the Board during the term of the vacating member, the appointment would be made in accordance with state statutes with the replacement having the same qualifications as the vacating member. The appointment would be for the remainder of the term of the member who vacated his/her office. Each member who took office as a member of the Board of School Trustees would take the oath of office as prescribed by law.

 SOURCE: I.C. 20-4-1 [This statute is the school corporation reorganization act that provides for a system of school reorganization in Indiana in 1959 and thereafter to provide more efficient schools.] I.C. 20-5-1 [The General School Powers Act also provides for the oath of office and the filling of vacancies during the term of a member.]

II C. Elected School Board Plan (Resolution 92-4)
The original Elected Board Plan, Resolution 88-3, adopted by referendum vote at the General Election of 11/8/88, called for five "district" members and two "at-large" members. Resolution 92-4, adopted 2/20/92, replaced this plan in its entirety, though the only substantive change was elimination of residence districts, making all members "at-large" members. That resolution, repeated here as subsection (C), was certified and approved by the Indiana State Board of Education on 8/4/94, and modification may require state approval.

II C 1. Purpose.
The purpose of the proposed plan is to allow each voter residing within the boundaries of the School City of Hobart a direct voice in the selection of all members of the governing body of the School City of Hobart.

II C 2. Governing Body.
II C 2a) Title & Duties. The governing body of the School City of Hobart shall be known as the Board of School Trustees, and shall be charged with governing the School City of Hobart through the exercise of the powers and responsibilities set forth under Indiana Law.

II C 2b) Composition. The Board of School Trustees shall be composed of seven (7) members, all of which shall be elected at large.

II C 2c) Qualifications of Trustees:
II C 2c 1) Each prospective trustee must have been a registered voter residing within the boundaries of the School City of Hobart for at least one year prior to taking office as a trustee, and must maintain residency within the boundaries of the School City of Hobart during their term of office.

II C 2c 2) No trustee may hold any other elective or appointive office during his/her term of office as a trustee, if such dual office holding is prohibited under Indiana Law.

II C 2c 3) No trustee may hold any interest in any contract with the Board of School Trustees or the School City of Hobart, either directly or indirectly, if such interest is prohibited under Indiana Law.

II C 3. Selection and Term of Office.
II C 3a) Method of Selection. The members of the Board of School Trustees of the School City of Hobart shall be elected at large by nonpartisan vote in the general election every fourth year. The seven (7) candidates receiving the largest number of votes shall be deemed elected.

II C 3b) Qualifications of Voters. Only those registered voters residing within the territorial limits of the School City of Hobart shall be eligible to vote for members of the Board of School Trustees.

II C 3c) Term of Office. The term of office of each trustee shall be four years. Such term shall begin on January 1 of the year following their election, and shall extend for forty-eight (48) months, or until such time as their successor is duly qualified and elected.

II C 3d) Vacancies.
II C 3d 1) If a member of the Board of School Trustees, during their term of office, shall become unable to serve by reason of death, resignation, disqualification or otherwise, the remaining members of the Board of School Trustees, within thirty (30) days of the creation of such vacancy, shall elect a successor to fill the remainder of the unexpired term.

II C 3d 2) In the event the Board of School Trustees fails to act as directed herein, the Judge of the Circuit Court of Lake County, shall appoint a successor to fill the remainder of the unexpired term.

II C 3d 3) Any successor chosen under this section to fill a vacancy shall meet all of the qualifications of Item 2, Section (c) of this plan.

II C 3e) Oath of Office. In addition to the oath requirement under I.C. 20-5-3-1.5, each member of the Board of School Trustees shall, before assuming the duties of office, take an oath before a person qualified to administer such oaths, that he possesses all qualifications required by the Plan; and that he will honestly and faithfully perform the duties of office as a member of the Board of School Trustees.

II C 3f) Disqualification. If at any time after the election of any member of the Board of School Trustees, any member shall become interested in any contract therewith, or claim against the School City of Hobart, where such claim or interest is prohibited by Indiana law, said member shall thereupon be disqualified to continue as a member of the Board of School Trustees and a vacancy shall be thereby created and filled in accordance with Section (d) of this Item.

II C 4. Conduct of Elections
II C 4a) Nominating Petition.
II C 4a 1) A nominating petition must be submitted to the Clerk of the Lake Circuit Court by each prospective trustee at least sixty (60) days prior to the election at which trustees are chosen.

II C 4a 2) Each such petition shall contain a statement, signed by the candidate, attesting that they meet the qualifications of Item 2 of this plan.

II C 4a 3) Each such petition shall contain the signatures of ten (10) registered voters residing within the boundaries of the School City of Hobart.

II C 4b) Election:
II C 4b 1) Members of the Board of School Trustees shall be elected beginning with the general election of 1994, and each four years thereafter.

II C 4b 2) Elections for members of the Board of School Trustees shall be held under the provisions of the election laws of the State of Indiana insofar as they do not conflict with the provisions of this plan, and do not require candidates to declare political party affiliation.

II C 5. Effective Date of Plan
This plan shall be effective and shall be deemed to take effect on January 1, 1993 or at the earliest date thereafter as allowed by law.

II C 6. General Provisions.
II C 6a) Authority to Establish Plan and Construction of Plan. This plan is established in accordance with I.C. 20-4-10.1- 1 through 20-4-10.1-19 and shall be construed if possible to comply with the provisions of said act, the Constitution of the State of Indiana and the Constitution of the United States of America.

II C 6b) Gender. Use of the masculine gender in this plan shall include the feminine and singular number the plural vice versa where the context so requires.

II C 7. Certification.
The Indiana State Board of Education hereby certifies the governing body selection plan(s) for the School City of Hobart Board of School Trustees pursuant to I.C. 20-4-10.1-9. This action follows a review of the plan to insure its compliance with limitations set out in I.C. 20-4-10.1-3.

(Certification signed by Suellen Reed, Chairman, Indiana State Board of Education, on August 4, 1994.)

The above and foregoing is a true, correct, and complete copy of the governing body selection plan adopted by the Board of School Trustees of the School City of Hobart on February 20, 1994 and certified by the State Board of Education on August 4, 1994.

III. MEMBERS

III A. Qualifications (SEE Article II, C, 2, c, 1-3, and Ind. Const. Art. 6, Sec. 6)

III B. Number & Term of Office

III B 1. Composition. See Article II, C, 2, b.

III B 2. Term of Office. See Article II, C, 3, c.

III C. Election & Vacancies

III C 1. Method of Selection. See Article II, C, 3, a.

III C 2. Vacancies. See Article II, C, 3, d.

III C 3. Election. See Article II, C, 4, b.

III D. Expenses & Compensation

III D 1. Board Compensation
At the organizational meeting or at any regular meeting, the Board shall determine its annual compensation for such board service with such compensation not to exceed the amount set forth in I.C. 20-5-3-6.

III D 2. Board Expenses
Board members who attend workshops, seminars, or meetings to further their understanding of educational issues or board governance, or to provide service to the school corporation will be reimbursed for those expenses approved by the Board. Expenditures for such purposes that are likely to exceed $500 should receive prior approval of the Board. Payment will be by the submission of a verified claim for such expenditures. Any mileage reimbursement will be at the rate approved for administrative personnel.

III E. Conflict of Interest-Disclosure (SEE I.C. 35-44-1-3; Articles II,C,3,f;II,C,2,c,3)

III F. Code of Ethics
The Board is a member of the Indiana School Boards Association, and subscribes to its Code of Ethics, a copy of which is attached to this Article as Appendix A.

III G. Representation on other Boards or Agencies
The Board may, by resolution, appoint its superintendent or any person residing inside its boundaries to serve on any other public board, commission, or public body where legislation requires or permits representation by a member of the Board, its superintendent, or other designated educator as a member of the public board, commission, or body. SOURCE: I.C. 20-5-2-4

III H. Membership in State or National Associations of Educational Nature
The Board may appropriate necessary funds to provide membership of the school corporation in state and national associations of an educational nature that have as their purpose the improvement of school governmental operations. The school corporation may also participate through duly designated representatives in the meetings and activities of the associations, and the Board may appropriate the necessary funds to defray the expenses of the representatives in connections with the meetings and activities.

IV. BOARD OFFICERS

IV A. Selection
The governing body of the School City of Hobart shall organize by electing a president, vice-president, and a secretary, each of whom shall be a different member, within the first fifteen (15) days in January. At such meeting, the governing body shall also appoint a treasurer for the school corporation, other than the superintendent and members of the governing body. At this meeting, the governing body shall establish its schedule of regular meetings for the school year.

SOURCE: I.C. 20-5-3.

IV B. Duties
IV B 1. President. The President shall consult with the Superintendent or his representative to discuss, in advance, the agenda items for each board meeting. The President shall preside at meetings of the Board of Trustees, and perform those additional duties customarily attached to said office.

IV B 2. Vice-President. The Vice-President shall assume the duties of the President in his absence, and shall perform those additional duties customarily attached to said office.

IV B 3. Treasurer. The Treasurer is appointed by the Board of Trustees at the annual organizational meeting. The Treasurer may not be a member of the Board or the Superintendent. The Treasurer is official custodian of all funds of the School City, responsible for safeguarding and accounting for all funds, and depositing of said funds according to law. The Treasurer is responsible for issuance of all warrants in payment of expenses of the school corporation, upon board approval when required. (I.C. 20-5-3-1)

IV B 4. Secretary. The Secretary shall keep a list of unresolved items, and shall have such list available at each meeting. The Secretary shall also perform those additional duties customarily attached to said office.

IV C. Officer Vacancies. In the event a vacancy shall occur in any of the offices of the Board of Trustees, a successor shall be elected by the remaining members of the Board to serve until the next organizational meeting of the Board.

V. BOARD OF FINANCE
The Board of School Trustees constitutes the Board of Finance for the School City of Hobart. (I.C. 5-13-7-5) At its last meeting in November of each even numbered year, the Board of Finance shall open and consider all proposals of financial institutions to become depositories of the School City of Hobart. (I.C. 5-13-8-2)

VI. LEGAL SERVICES
Annually at its organizational meeting, the Board shall appoint a school attorney. The person shall be licensed to practice law in the State of Indiana, and a reputable member of his profession. The School Attorney shall represent the Board and its interests in legal matters pertaining to the business of the school corporation and shall advise the Board or its administration, when requested. At the time of appointment, the retainer and/or hourly fee shall be determined.

VII. SPECIAL COUNSEL
The Board may retain special counsel for the specialized problems of school, constitutional and labor law in the event that the Board determines that such service is necessary.