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2.5 - Board Governance

2.5 - Board 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:

1. Amend the criteria listed above.

2. Appoint a BOD Member as needed for the seat(s) vacated.

3. 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:

  1. 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.
  2. 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.
  3. The BOD member is found guilty of a felony. 
  4. 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.
  5. 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.
  6. 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.
  7. A BOD member does not meet his financial obligations to the school.
  8. 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.

  1. Matters discussed in executive session of the BOD may not be disclosed outside of executive session to anyone except BOD members.
  2. Matters discussed by or before the BOD in open session may be disclosed or discussed with anyone at any time.
  3. 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:

  1.  In matters relating to their own children; such contacts would normally be with the child’s teachers or the administration.
  2. 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:

  1. Make significant requests of staff;
  2. Offer advice or suggestions to staff; or 
  3. 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