Stevensville School District

THE BOARD OF TRUSTEES

Abstentions From Voting

Section 20-3-323(2), MCA, requires the minutes of each Board meeting to include the voting records of each trustee present. As a general rule trustees should vote on all issues, unless casting a vote would be a violation of law. Under Montana law, instances in which it would be unlawful or inappropriate for a trustee to cast a vote on a particular issue include but are not necessarily limited to situations when the Board is considering hiring the relative of a trustee.

In addition, a trustee shall be allowed to abstain from voting to avoid the appearance of impropriety or the appearance of a perceived conflict. If a trustee abstains from voting, the abstention should be recorded in the minutes and may include an explanation of the reasons for the abstention. The Board discourages abstentions, unless the reasons are substantiated as provided herein.

Legal References:
§ 2-2-105 MCA; Ethical requirements for public officers and public employees
§ 2-2-121 MCA; Rules of conduct for public officers and public employees
§ 2-2-302 MCA; School officers not to act as agents
§ 20-3-323, MCA; District policy and record of acts
§ 20-9-204, MCA; Conflicts of interests, letting contracts, and calling for bids

Policy History:
Adopted on: January 8, 2013
Reviewed on: April 9, 2019
Revised on: May 14, 2019