2.5 - Board Governance
2.5 - Board Governance
SERIES 2 - THE BOARD AND GOVERNANCE
BOD members may not be teachers or other paid employees of the school or immediate
family members of employees of the school, except as provided in the Conflict of
Interests Policy. Only one member of an immediate family may serve on the BOD at one
time.
A board member must be a parent/grandparent/legal guardian of a student currently
enrolled in the school. Once a board member no longer meets this criteria, that shall
constitute an automatic resignation by the board member, and a vacancy shall be
declared.
Board Candidate Criteria
Candidates for the BOD must meet the following criteria to qualify for election or
appointment to the BOD:
1. Registered voter residing in Colorado
2. Approved as a registered volunteer at Liberty Common School
3. Complete and sign both Board of Directors Non-Disclosure and Confidentiality Agreements
4. Attendance to at least one of the BOD meetings during the school year of the election or appointment
5. Read and wholeheartedly support the views presented in the following three books:
i. Cultural Literacy by E.D. Hirsch Jr.
ii. Why Johnny Can’t Tell Right from Wrong by William Kilpatrick
iii. The Schools We Need and Why We Don’t Have Them by E.D. Hirsch, Jr.
6. Submission of Letter of Interest for BOD Membership
7. Submission of Statement of Educational Philosophy
8. Parent, grandparent, or legal guardian of a student enrolled at Liberty for a
minimum of two years by the time the candidate’s term on the BOD would
commence
9. Volunteer in the school
10. Embrace the principles of Liberty’s Charter and founding books (evaluated
through a board interview process)
11. Receive a recommendation from the School Headmaster
In the event no candidate meets the criteria, a unanimous vote of the BOD is required to:
- Amend the criteria listed above.
- Appoint a BOD Member as needed for the seat(s) vacated.
- Delay the occurrence of the election cycle for 1 year.
TERM
Except as otherwise provided in the Charter Application concerning the terms of the
initial BOD or under circumstances described below concerning integrity of continuity
of operations, BOD members shall hold office for three-year terms ending in June of
their third year. BOD members leaving the BOD will retain their positions until June 30
of the current school year or until new BOD members elected during the previous
election have been sworn in, whichever occurs first. It is the intent of this procedure to
assure a smooth transition period for newly elected members of the BOD. To ensure the
integrity of continuity of operations, the BOD may extend the term of one or more
members to ensure a majority of Board seats are not open for election.
VACANCIES
In the event of resignation or removal of a BOD member or BOD member-elect, The
BOD will adopt a resolution declaring a vacancy at the next meeting immediately
following the resignation or other event causing the vacancy. the BOD shall give notice
through the school’s normal means of communicating with all parents and staff, inviting
applicants to apply to fill the vacancy. A qualified applicant will be selected by a vote of
the BOD in a public meeting. The BOD is to appoint a replacement within 60 days of
adopting the resolution declaring a vacancy, and if it fails to do so, the President is to
make the appointment forthwith. The new BOD member shall be appointed for the
remainder of the term of the BOD member being replaced. At no time shall the BOD be
compelled to appoint or hold elections for a majority of seats on the BOD.
COMPENSATION
BOD members shall receive no compensation.
REMOVAL
A BOD member may be removed by the BOD on the following grounds:
- The person duly elected or appointed fails, neglects or refuses to subscribe to an oath of office no later than the first regularly scheduled BOD meeting of the new member’s term.
- A BOD member is or becomes during the term of office a non-resident of the School District or not registered to vote in School District elections.
- The BOD member is found guilty of a felony.
- A court of competent jurisdiction voids the BOD member’s election or appointment or removes the member for any cause whatsoever, but only after his or her right to appeal has been waived or otherwise exhausted.
- A court of competent jurisdiction determines that the BOD member is insane or otherwise mentally incompetent, but only after the right to appeal has been waived or otherwise exhausted, and a court enters, pursuant to part 3 or part 4 of article 14 of title 15 or section 27-10-109(4) or 27-10-125, C.R.S., an order specifically finding that the insanity or mental incompetence is of such a degree that the person is incapable of serving as a BOD member.
- A BOD member does not attend three consecutive regular meetings of the BOD, unless the BOD shall approve additional absences or unless the absences are due to a temporary mental or physical disability or illness.
- A BOD member does not meet his financial obligations to the school.
- A BOD member has violated the BOD Members Code of Conduct or Governing Style policies as determined by a 2/3 majority vote of the BOD.
RULES OF ORDER
Robert’s Rules of Order will be used as deemed appropriate by the BOD.
CONFLICTS OF INTEREST
Public office is a trust created in the interest of the common good and for the benefit of
the people. It is the intent of this section to maintain public confidence and prevent the
use of public office for private gain. In order to avoid conflicts of interest, it is the
general policy of the school not to employ or contract with BOD members or employees
(except for the employee’s employment), members of their families, or persons or
entities having an ongoing business or financial relationship with them. BOD members
and employees shall disclose any known or potential conflicts of interest in writing to
the BOD prior to the time set for voting on any such transaction and a BOD member
making such disclosure shall not vote on the matter or attempt to influence the decisions
of other BOD members in voting on the matter.
A Member of the Board and their family members are permitted to engage in temporary
employment by the school which may include, but is not limited to, serving as a substitute classroom instructor, teacher assistant, or filling in for any other absent
fulltime or permanent part-time employees, and which may include reasonable
compensation for the timeframe served. Such temporary employment shall be disclosed
to the BOD at the earliest possible occasion. The BOD may consider in an open meeting
whether such temporary employment presents any reasonable perceived conflict of
interest. Consideration may include BOD discussion, public comment, entertainment by
the Chair of a motion, and a vote on the proposition with the relevant BOD Member
being recused of deliberation and voting on the matter. The BOD’s affirmative finding
of perceived conflict of interest, by majority vote, shall preclude the Member or board
member’s family member under consideration from filling the paid position identified in
the motion. Absence of a relevant motion, or failure of a motion for lack of a majority,
shall be an indication of the BOD’s finding of no perceived conflict of interest.
FINANCIAL OBLIGATIONS OF BOD MEMBERS
It is critical to good governance of the school that BOD members and their families meet
their financial obligations to the school, including payment of book fees, lunch fees, and
other fees or charges properly assessed by the school, fully and promptly. Failure to do so could create a conflict of INTEREST AND would create an appearance that non-
paying members might not meet his or her fiduciary duty to act in the school’s best interests in other matters. Also, the BOD believes that its members must act as models
for the school’s community. Whenever a BOD member fails to pay any such obligation
when due, the Headmaster shall deliver written notice of non-payment as soon thereafter
as is reasonably possible. A member’s failure to pay any such obligation within 15 days
after receiving such written notice shall be good cause for removal from the BOD under
the removal policy.
COMMUNICATION BETWEEN THE BOD AND THE COMMUNITY
All members of the school community are free to contact any BOD member at any time
on any matter. BOD members should make themselves reasonably available to discuss
the school’s business with concerned community members. Subject to the special
considerations affecting contacts between BOD members and paid staff, and to the
following rules of conduct, BOD members are free to contact any member of the school
community – parents, staff and other community members – at any time on any matter.
The following rules of conduct for BOD members apply to matters that are or may
become the subject of discussion between individual BOD members and community
members. They apply to all discussions occurring outside of a regular or special
meeting of the BOD.
- Matters discussed in executive session of the BOD may not be disclosed outside of executive session to anyone except BOD members.
- Matters discussed by or before the BOD in open session may be disclosed or discussed with anyone at any time.
- Matters brought to the attention of a BOD member should be brought before the BOD as a whole by the community member, and should not be brought before the BOD by the BOD member unless:
i) the community member specifically so requests;
ii) the name of the community member is disclosed to the BOD; and
iii) if factual matter is included, the BOD member is prepared to vouch for
its accuracy.
These rules are not intended to inhibit discussion among BOD members, or between
BOD and community members, but to facilitate the conduct of the BOD’s business and
assure that the BOD’s decisions are based on the best available information.
CONTACT BETWEEN STAFF AND BOD MEMBERS
Staff members, like other school community members, have the right to contact any
BOD member at any time on any matter. BOD members should refrain from contacting
staff except:
- In matters relating to their own children; such contacts would normally be with the child’s teachers or the administration.
- When the contact is requested by the BOD or is reasonably related to a specific BOD action or a proposed action after it has been the subject of discussion by or before the BOD.
Without regard to how contact was initiated, except for the above, BOD members should
not:
- Make significant requests of staff;
- Offer advice or suggestions to staff; or
- Engage in informal polling of staff.
Although non-BOD parents may freely engage in these activities, it is inappropriate for
BOD members to do so.
ACTION BY PARENT/STAFF INITIATIVE
The Charter and Bylaws of Liberty Common School provide that the property, business
and affairs of the school will be managed by a Board of Directors. The BOD believes
that parents and staff should have a means to be heard by the BOD; to propose action to
the BOD; in matters of sufficient community concern, to compel BOD action. To that
end, the BOD adopts the following procedure: Any parent or staff member may present
a proposed action to the BOD or any BOD member in writing at any time. If it is moved
and seconded at the next meeting of the BOD at which a quorum is present, the BOD
will vote on it.
Adopted: 04-14-2022