Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Governance topic
No spam. Unsubscribe anytime.
Outside counsel urges clearer role separation and transparency in board‑superintendent relations
Summary
Kevin Sutton of Miller Johnson told the Bloomfield Hills board that successful governance rests on clear division of responsibilities between the board and superintendent, frequent two‑way communication, and caution around deliberation in electronic communications under the Open Meetings Act.
Kevin Sutton of Miller Johnson presented an extended overview of board‑superintendent roles, legal obligations and governance best practices at the Bloomfield Hills Schools Jan. 27 meeting.
Sutton reviewed legal foundations in the Revised School Code and characterized board duties as setting vision, adopting policies and holding administration accountable; he described the superintendent’s role as administering instructional programs, implementing policies and advising the board on need and impact. Sutton highlighted the MASB governance clock and recommended a policy framework that provides clear direction while preserving administrative latitude for day‑to‑day decisions.
Trustees asked specific questions about administrative appointments, policy drafting, and recent federal Title IX rule changes. Sutton confirmed he had provided a written legal opinion on whether the board must vote on certain administrative appointments (that opinion is attorney‑client privileged and will be discussed with the board in February). He cautioned trustees about 'deliberation' in electronic exchanges: replying to messages in ways that narrow options or eliminate possibilities can create an Open Meetings Act risk and should be avoided.
Sutton also described eight characteristics of effective school boards—vision, accountability, data use and a collaborative relationship with staff—and urged periodic self‑evaluation, careful planning and frequent, transparent communication between board and superintendent.
Board members said they would review Sutton’s materials in advance of February’s work sessions and asked staff to circulate the legal memo and policy update materials.
