§ 9.04. Same—Duties; referendum as to school budget.

In addition to other duties imposed by this Charter or by general law, it shall be the duty of the metropolitan board of public education to:

1.

Hold regular monthly meetings which shall be open to the public.

2.

Adopt and make available for distribution rules, regulations and a statement of policies, including (a) the manner and method of operating the metropolitan school system and its properties, (b) the manner and method of employing personnel, (c) all personnel policies and any requirements with reference to teaching personnel or nonteaching personnel, salaries, vacations, sick leave, job security and retirement policy; and (d) the manner and extent of use which may be made of the public buildings under the control of the board.

3.

Hold public hearings on the operational school budget prior to its approval by the board, and thereafter to submit to the mayor through the director of finance the budget for schools. If the operational school budget adopted by the council is in the opinion of a two-thirds majority of the entire membership of the board insufficient and inadequate to meet the needs of public education, then the board is authorized to take the following action with respect thereto:

Not later than thirty (30) days prior to the first Thursday in August, the board by a two-thirds majority of its entire membership shall adopt a resolution declaring that in addition to funds appropriated for the operational school budget as adopted by the council, an amount of money (to be specified in the resolution) is necessary; that the specified amount will be produced by an additional tax levy of a stated number of mills (to be specified in the resolution), and that the board by such resolution calls for and initiates a referendum election to determine whether such additional tax shall be levied and the total revenues thereby raised shall be added to the operational school budget. For the purpose of calculating the tax increase necessary, the board shall procure from the director of finance, who shall furnish the same immediately upon request, the amount of revenue which an additional tax of one (1) mill is anticipated to produce, and on this basis calculate the additional tax necessary to raise the additional school funds sought. A certified copy of such resolution shall immediately be transmitted to the council and to the board of county commissioners of election, which shall order and conduct a special referendum election on the first Thursday in August, the same to be held simultaneous with, and as a part of, the general August election if the year be an even one.

In addition, the Board may take the action outlined in the preceding paragraph to provide additional funding for capital improvements eligible for funding in the capital improvements budget established pursuant to Section 6.13 of the Metropolitan Charter. For purposes of this section, capital improvements include renovations, repairs, maintenance, new construction of any building, structure, work, or improvement and technology, instructional and safety equipment.

The notice of election and the ballot for such referendum on the operational school budget shall provide substantially as follows:

Referendum Election as to increased operational school budget of $ (here fill in the additional amount which the Board has certified as necessary) and an increase of (here fill in amount which the Board has certified as necessary) mills in tax rate thereby necessitated.

For Increase _____   
Against Increase _____   

The result of the special election on the operational school budget shall be certified by the commissioners of election to the director of finance and to the county trustee. If the majority of voters favor said increase, then the previously adopted tax levy for the general services district shall be deemed accordingly amended and increased and the previously adopted operational school budget shall be deemed accordingly amended and increased. If the majority of voters do not favor said increase, then both the tax levy and the operational school budget shall remain as previously adopted.

If the Board, not later than thirty (30) days prior to the first Thursday in August, adopts a resolution calling for a referendum to increase funding for capital improvements, the notice of election and the ballot for such referendum shall provide substantially as follows:

Referendum Election to increase funding for capital improvements in the amount of $ (here fill in the additional amount which the Board has certified as necessary), and an increase of (here fill in amount which the Board has certified as necessary) mills in the current tax rate thereby necessitated.

For Increase _____   
Against Increase _____   

If the Board adopts a resolution calling for a referendum to fund capital improvements outside of the time period described above, the notice of election and the ballot for such referendum shall provide substantially as follows:

Referendum Election to authorize funding for capital improvements in the amount of $ (here fill in amount which the Board has certified as necessary) for the upcoming fiscal year beginning on July 1, 19___ (here fill in first day of next fiscal year), and an increase not to exceed (here fill in amount which the Board has certified as necessary) mills in the tax rate for the upcoming fiscal year.

For Increase _____   
Against Increase _____   

The result of the special election to increase funding for capital improvements shall be certified by the commissioners of election to the director of finance and to the county trustee. With respect to special elections on capital improvements called pursuant to a resolution adopted by the Board not later than thirty (30) days prior to the first Thursday in August, if the majority of voters favor said increase, then the previously adopted tax levy for the general services district shall be deemed accordingly amended and increased and the previously adopted appropriation for capital improvements shall be deemed accordingly amended and increased. If the majority of voters do not favor said increase, then both the tax levy and the appropriation for capital improvements shall remain as previously adopted. With respect to special elections on capital improvements called pursuant to a resolution adopted by the Board outside the time period described above, if the majority of voters favor said increase, then the additional tax levy shall take effect the following fiscal year, unless the budget appropriation for capital improvements for the following fiscal year includes the additional revenues authorized by the special election.

From and after the issuance of tax bonds or notes for the Board to fund capital improvements from the revenues generated by the additional tax levy for capital improvements authorized by this section, there shall be included in the annual tax levy ordinance for education for the general services district, over and above all other taxes assessed therein, a sum sufficient to meet the interest and redemption charges on such tax bonds or notes due or to be paid in the ensuing year, together with a sum sufficient to reimburse the general fund for any appropriation made or to be made therefrom for the payment of any such interest or redemption charges.

The cost of any special election authorized by this section shall be paid out of the general fund of the general services district.