May the Board chairman change the agenda for Board meetings and require Department staff to prepare reports without first consulting the Superintendent?
This question goes to the issues of whether the Board retains control over its own agenda and to what extent it can require employees of the Department to assist it in performing its duties. Obviously, under the new Code section just quoted the Board chair may change the agenda consistent with Board policies and the general requirements of State law.1 See O.C.G.A. § 20-2-5.2 (Supp. 2000) (“The chairperson shall . . . set the agenda for the state board.”). Although the Superintendent is the “executive officer” of the Board, O.C.G.A. § 20-2-241, the relevant statutes do not require that she be consulted about the agenda. See O.C.G.A. §§ 20-2-240, -241 and O.C.G.A. § 20-2-5.2 (Supp. 2000). On the other hand, since she is the executive officer of the Board and the administrative chief executive officer of the Department, the Superintendent by implication is the officer expected to prepare the Department for the Board’s meetings. She could not reasonably do this unless she is at least reaso