Bylaws
Of
Connections High School
A
Site Based School
Within
Staples Motley ISD 2170
Bylaws
Connections High School
June 2, 2014
Page 1
Table of Contents
TABLE OF CONTENTS
ARTICLE I
PURPOSE
4
ARTICLE II
OFFICE
4
ARTICLE III
MEETINGS
4
Annual Meeting
Regular Meeting
Special Meeting
Emergency Meeting
Quorum
Voting
Minutes
4
5
5
5
5
5
5
SITE COUNCIL
6
General Powers
Number, Tenure and Qualifications
Nomination Process
Election
Resignation and Removal
Filling Vacancies
Compensation
Meetings Without Notice
Presence at Meetings
Committees of the Board
Conflict of Interest
Required Training
6
6
7
7
7
7
7
8
8
8
9
10
OFFICERS AND EMPLOYEES
10
Number; Elections
Vacancies
Board Chair/President
Vice-President /Vice-Chair
Director/Coordinator
10
10
10
11
11
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
ARTICLE IV
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
ARTICLE V
Section 1
Section 2
Section 3
Section 4
Section 5
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June 2, 2014
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Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Secretary/Clerk
Management and Administrative Employees
Compensation
Bond
Removal of Officer
Resignation
12
12
12
12
13
13
DISTRIBUTION OF ASSETS
13
Right to Cease Operations and Distribute Assets
Cessation and Distribution
13
13
ARTICLE VII
INDEMNIFICATIONS
13
ARTICLE VIII
AMENDMENTS
14
ARTICLE IX
FINANCIAL MATTERS
14
Contracts
Loans and Pledges
Authorized Signature
Deposits
Corporate Seal
Documents Kept at Registered Office
Accounting System and Audit
14
14
14
14
14
14
15
MISCELLANEOUS
15
Gender Reference
Plurals
15
15
ARTICLE VI
Section 1
Section 2
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
ARTICLE X
Section 1
Section 2
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Connections High School
June 2, 2014
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BYLAWS
OF
CONNECTIONS HIGH SCHOOL
ARTICLE I
PURPOSE
The purpose of Connections High School, hereafter referred to as CHS, is to operate similar to a
site governed school, MS 123B.045, under the approvals granted by the School Board of Staples
Motley Independent School District 2170, hereafter referred to as ISD 2170.
The SM2170 School Board passed a resolution requesting CHS open as a site school within their
governance with the intent of developing a site-governed school under MS 123B.045. This
resolution was adopted by the SM2170 Board on March 18, 2013, and accepted by the CHS
Board of Education, hereafter referred to as a Site Council.
The purposes of CHS will be to:
1.
2.
3.
4.
Improve pupil learning and student achievement;
Increase learning opportunities for pupils;
Encourage the use of different and innovative teaching methods;
Measure learning outcomes and create different and innovative forms of measuring
outcomes;
5. Establish new forms of accountability for schools; and
Create new professional opportunities for teachers. Including the opportunity to be responsible
for the learning program at the school site.
ARTICLE II
OFFICES
As a site school, the principal office will be Connections High School, 401 Centennial Avenue,
Staples MN 56479.
ARTICLE III
MEETINGS
Section 1.
Annual Meeting
:
The annual meeting of CHS Site Council shall take
place in January of each year. Notice of the annual meeting shall be by official posting in the
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ISD 2170 District Office and the CHS office and CHS web site. Such notice shall contain the date,
time and place of the meeting
Section 2.
Regular Meetings:
Regular meetings of the CHS Site Council shall be held the
first Tuesday of every month. A schedule of the regular meetings shall be kept on file at the
CHS primary office. If a decision to hold a regular meeting at a time or place different from the
time and place slated in its schedule of regular meetings, it shall give the same notice of the
special meeting that is provided in section 13D of the Minnesota State Statutes for a special
meeting. Official posting of all meetings of the CHS Site Council will be in the SM2170 district
office and the CHS primary office and web site. Since the CHS Site Council reports to the SM
2170 Board of Education, the Staples World shall be sent a copy of all meeting agenda’s and
minutes
Section 3.
Special Meetings:
Special meetings of the CHS Site Council may be called at
any time, for any purpose, by the Site Chair or at least two directors. Notice of every special
meeting of the Site Council will be given in compliance with MS 13D (Open Meeting Law).
Section 4.
Emergency Meeting: Emergency meetings of the CHS Site Council may be called
in accordance with MS 13D. Notice of an emergency meeting shall be given in compliance with
MS 13D.
Section 5.
Quorum and Adjourned Meeting: A meeting at which at least a majority of
the members of the CHS Site Council are present shall constitute a quorum for the transaction
of business at any meeting of the Site Council. If, however, such quorum shall not be present at
any such meeting, the director or directors present thereat shall have the power to adjourn the
meeting from time to time without notice other than announcement at the meeting, until a
quorum shall be present. The existence of a quorum is determined when a duly called meeting
is convened.
Section 6.
Voting:
The affirmative vote of a majority of a quorum of CHS Site Council
members shall constitute a duly authorized action of the Site Council.
Section 7.
Minutes:
Minutes of all meetings shall be submitted to the Superintendent
of Schools of ISD 2170, Site Council members, and posted on the CHS Website. The CHS Site
Council minutes shall be referenced in the ISD 2170 official minutes.
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ARTICLE IV:
SITE COUNCIL
Section 1.
General Powers:
The affairs of the CHS shall be managed by its Site Council,
under the auspices of the ISD 2170 Board of Education. The CHS Site Council will adhere to
MS123B.045 (Site Governed School) if applicable. The CHS Site Council shall have the power
and authority to do all acts and perform all functions that the corporation my do or perform,
subject to approval of the SM2170 School Board.
Section 2.
Number, Tenure, and Qualifications.
The CHS site shall consist of eight (8)
members. Directors shall designate a Chair, Vice-Chair, Treasurer and Secretary by a majority
vote at the annual reorganization meeting. Elected board members will be installed at the
annual reorganization meeting, following their election.
a. Site Council Members:
There will be a teacher majority Site Council that consists of:
A. Not less than four (4) licensed teachers currently employed by the school or
a licensed teacher providing instruction under a contract between the
Connections High School and a cooperative.
B. One (1) parent of a currently enrolled student (implemented during the first
election of the ongoing board).
C. One (1) interested community member defined by statute as one who is not
employed by the Charter school and does not have a child enrolled in the
school.
D. An at large position can be a licensed teacher, parent of a currently enrolled
student, or an interested community member.
E. One member from the Staples Motley Board of Education, who shall be
named by the Staples Motley Board. The person’s term on the CHS Site
Council shall match the person’s term status on the Staples Board of
Education.
b. Elected Directors. Each Site Council member shall hold office for a three (3) year
term. Each member shall hold office until a successor has been duly elected and
qualified or until the director dies, resigns, is removed or the term otherwise
expires. A site council member elected for the parent position will remain in that
position for the duration of the school year in which their student is enrolled in
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Connections High School
c. Ex-Officio Site Council Members: The CHS Site Council may name by majority vote
other members to serve as ex-officio members. The ISD 2170 Board of Education
shall have one member serve as an ex-officio member. The CHS Site Director or
Coordinator will serve as an ex-officio member if not already serving as a teacher
member. Ex-Officio members have no voting authority.
d. Approval of SM 2170 The Board of Education of ISD 2170 shall approve and
officially name newly elected members to the Site Council.
Section 3.
Nomination Process. At least ninety (90) days prior to the CHS Site Council
annual meeting, the Site Council, or its committee, will solicit nominations from teachers,
parents, community people, and friends of the CHS for all of the Site Council member positions,
that will be filled at the next annual meeting. The Site Council will compile a list of nominees at
least sixty (60) days prior to the annual meeting and prepare ballots for use by the voters.
Section 4.
Election.
Each parent of a child at CHS and each employee assigned from
ISD 2170 to the site shall have the right to exercise one (1) vote for its Site Council candidates.
The election shall be by paper mail in ballot or returned in a sealed envelope to the secretary or
agent of the secretary.
Section 5.
Resignation and Removal.
Directors may resign at any time, effective
immediately or at a specified later date, by giving written notice to the Board Chair or the
Secretary of the Corporation. Unless otherwise specified therein, the acceptance of such
resignation shall not be necessary to make it effective. A director may be removed at any time,
by a two-thirds (2/3) vote of a majority of all remaining Site Council Members. A Director that
has missed three consecutive regular meetings without a valid reason may be removed from
office.
Section 6.
Filling Vacancies.
Unless otherwise provided by Minnesota Statutes, Section
317A.227, vacancies on the Board of Directors caused by death, disqualification, resignation,
disability, removal or such other cause shall be filled by appointment of a new director by the
affirmative vote of a majority of the remaining directors, even if less than a quorum. A director
filling a vacancy shall hold office until the next annual meeting or until his or her successor has
been duly elected and qualified, subject to an earlier death, disqualification, resignation, or
removal.
Section 7.
Compensation.
Site Council Members shall not receive compensation for
their services as a Council Member, but nothing in these bylaws shall be construed to preclude
any Member from serving the CHS as an employee and receiving compensation therefore. In
addition, the members of this CHS may be reimbursed for reasonable out-of-pocket incurred by
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them in rendering services to this CHS, as the Site Council from time to time determines such
services to be directly in furtherance of the purposes and in the best interest of the CHS. All
compensation or reimbursement must be in compliance with all requirements of the SM Board
of Education and staff agreements.
Section 8.
Meetings Without Notice. Members of the Site Council or of any committee,
as applicable, may participate in a meeting of the Site Council or any committee by means of a
conference telephone or similar communications equipment by which all persons participating
in the meeting can simultaneously hear each other. However, any method including, but not
limited to telephone calls, video conferencing and e-mail may constitute presence at a meeting,
but not constitute the right to vote on any issue before the Site Council. Only a physical
presence at the Site Council meeting will constitute a right to vote on an issue before the Site
Council.
Section 9.
Presence at Meetings.
Members of the Site Council or of any committee,
as applicable, may participate in a meeting of the Site Council or any committee by means of a
conference telephone or similar communications equipment by which all persons participating
in the meeting can simultaneously hear each other. However, any method including, but not
limited to telephone calls, video conferencing and e-mail may constitute presence at a meeting,
but not constitute the right to vote on any issue before the Site Council. Only a physical
presence at the Site Council meeting will constitute a right to vote on an issue before the Site
Council.
Section 10.
Committees of the Site Council.
The CHS Site Council may, by resolution
passed by a majority of the Site Council, designate, define authority of, set the number and
determine persons, but need not be members of the Site Council. The Council, by similar vote,
may designate one or more alternate members of any committee who may replace any absent
or disqualified member of any meeting of the committee.
(a) Authority of Committees. All committees shall make recommendations to
the Site Council. No committee shall have the authority to act on behalf of
the Site Council.
(b) Procedures for Conducting Committee Meetings. The activities of all
committees of this CHS shall be conducted in such manner as will advance
the best interest of the CHS. Each committee shall fix its own rules of
procedure and other regulations which shall be consistent with these Bylaws,
and the policies of the CHS. The Board Chair shall be ex-officio member of all
committees, unless the Chair serves as a member of such committee. The
meetings of all committees shall be open to the public.
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Limitation on Authority of Committees. Each committee shall be under the
direction and control of the Board and shall keep regular minutes of its
proceedings, and all action of each committee shall be reported to the Site
Council and shall be subject to revisions and alteration by the CHS Site Council.
All committee minutes and reports shall be submitted to the Superintendent of
Schools, who will determine if submission to the ISD 2170 Board of Education is
necessary.
Section 11.
Conflict of Interest. A Conflict of Interest Policy will be established by the Site
Council that is consistent with policies of ISD 2170 and federal law. Further, the Conflict of
Interest Policy and the Site Council must meet at least the following conditions:
(a) Each member must complete a conflict-of-interest statement for review by
the Site Council within thirty (30) days of his or her election, and shall
annually complete such a statement on the anniversary of his or her election
or on such an annual date that the Council may select. The Council will
provide the conflict of interest statement to its authorizer.
(b) Conflict of Interest Policy-for-Profit.
A member of a CHS Site
Council is prohibited from serving as a member of the Site Council or as an
employee or agent of or a contractor with a for-profit entity with whom the
CHS contracts, directly or indirectly, for professional services, goods, or
facilities. A member of the Site Council who violates this prohibition shall be
individually liable to the school for any damage caused by the violation.
(c) Conflict of Interest Policy-not-for Profit. A member of a CHS Site Council is
prohibited from serving as a member of the Site Council or as an employee
or agent of or a contractor with a not-for-profit entity with whom the CHS
contracts, directly or indirectly, for professional services, goods, or facilities,
must disclose all potential conflicts to the ISD 2170 Board of Education.
(d) Conflict of Interest Policy-Contract or Transaction.
Neither
the
Site
Council nor the CHS shall enter into any contract or transaction with (i) one
or more of its members, (ii) a member related organization, or (iii) an
organization in or which a member of the organization is a director, officer,
or legal representative, employee, or in some other way has a material
financial interest unless all of the following criteria are met, in addition to (a)
and (b) above: (1) The contract or transaction is fair and reasonable; (2) that
interest is fully disclosed to all the Board’s members; (3) the SM2170 Board
approves, authorizes or ratifies the action in good faith and (4) the approval
is by unanimous decision of the ISD 2170 Board of Directors members
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present at a duly called meeting, with the interested party abstaining from a
vote.
(e) Conflict of Interest Policy-Vote at Site Council Meeting. The
interested
director may be present at the Site Council meeting to answer questions, but
may not advocate for the action to be taken and shall leave the room while a
vote is taken. The minutes of all actions taken on such matters shall clearly
state that the requirements in (a), (b), and (c) were met.
Section 12. Required Training.
Since a stated purpose of CHS is to work towards being an
approved Site Governed School, every CHS Site Council member shall attend departmentapproved training on board governance, the board’s role and responsibilities, employment
policies and practices, and financial management.
ARTICLE V
OFFICERS AND EMPLOYEES
Section 1.
Number; Election.
The officers of CHS shall be elected for one (1) year terms
by the Site Council, and shall consist of a Chair, Vice-Chair, Clerk or Secretary and such other
officers as the CHS Site Council shall determine from time to time. The Connections High
School Director/Coordinator and ISD 2170 business manager shall be ex-officio members of the
Board but are not permitted to hold officer positions or serving as an elective member of the
Site Council, unless also serving as a teacher on the site council.
Section 2.
Vacancies.
A vacancy in any office of CHS Site Council occurring by reason of
death, disqualification, resignation, or removal shall be filled for the unexpired portion of the
term by appointment of a successor by the Site Council.
Section 3.
Board Chair/President.
The Chair or Board President shall:
(a) Exercise the functions of the Office of the President of the Site;
(b) Preside at all meetings of the Site Council;
(c) Perform such duties and exercise such powers as are necessary or incident to
the supervision and management of the business and affairs of the CHS as
directed by the Site Council;
(d) Sign and deliver, in the name of the CHS, all deeds, mortgages, bonds,
contracts or other instruments requiring an officer’s signature, unless the
signature required is that of the Superintendent and /or Chair or Clerk of ISD
2170.
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(e) Have the general powers and duties usually vested in the Office of the
President and;
(f) Have such other powers and perform such other duties as are prescribed by
Minnesota Statutes, Section 317A.305, subd. 2, and as the Site Council may
from time to time prescribe.
Section 4.
Vice- Chair/Vice-President. The Vice-Chair shall:
(a) Exercise the functions of the Office of the President of the CHS in the
absence of the President or Chair.
(b) Preside at all meeting of the Site Council, in the absence of the President or
Chair.
(c) Perform such duties and exercise such powers as are necessary or incident to
the supervision and management of the business and affairs of the CHS as
directed by the Board of Directors, in the absence of the President/Chair.
(d) Sign and deliver, in the name of the CHS, all deeds, mortgages, bonds,
contracts or other instruments requiring an officer’s signature, unless the
signature required is that of the Superintendent and/ or Chair or Clerk of ISD
2170.
(e) Have the general powers and perform such other duties usually vested in the
Office of the President, in the absence of the President.
(f) Have such other powers and perform such other duties as are prescribed by
Minnesota Statutes, Section 317A.305, subd. 2, and as the Site Council may
from time to time prescribe.
Section 5.
Director/ Coordinator
(a) The Director / Coordinator shall act as the Chief Financial Officer under the
Business Manager and staff of SM2170.
(b) Report to the Site Council accounts of all monies the CHS earns and receives
or disbursed by the Business Office of ISD 2170.
(c) Have the care and custody of the CHS funds and securities with ISD 2170.
(d) Have the power to receipt for deposit all notes, checks and drafts received by
CHS at the direction of the Site Council with the Business Office of SM2170.
(e) Authorize purchase requisitions to be processed by the Business Office of
SM2170.
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(f) Coordinate with the Business Manager and Superintendent of Schools all
budgets.
Section 6.
Secretary / Clerk.
The Secretary/Clerk shall maintain the Office of
CHS and shall:
(a) Attend all meetings of the Site Council and all committees as required;
(b) Record all proceedings in the Minutes of the Site Council and committees in a
book to be kept for that purpose;
(c) Preserve all documents and records belonging to CHS;
(d) Give or cause to be given notice of all meetings of the Site Council and its
committees; and
(e) Perform such other duties as may be prescribed by the Site Council.
Section 7.
Management and Administrative Employees.
The CHS may have such
management and administrative employees as the Site Council deems necessary. Such
employees shall: 1) be appointed in a manner, 2) have their duties and responsibilities; and 3)
hold their positions for the time, prescribed by the Site Council.
Section 8.
Compensation.
The employees of the CHS may be paid such reasonable
compensation, if any, for their services rendered to the Corporation in such capacity, and may
be reimbursed for reasonable out-of pocket expenses, as the Site Council from time to time
determines to be directly in furtherance of the purposes and in the best interests of the CHS.
Such compensation shall meet all requirement and policies of ISD 2170.
Section 9.
Bond.
The Board of Directors of this Site Council shall from time to time
determine which, if any, of the officers, agents or employees of this Council shall be bonded
and amount of each bond. Such determination shall be made by the Business Office of ISD
2170.
Section 10.
Removal of Officer. Any officer may be removed at any time by the vote of a
majority of a quorum of the Site Council at any regular meeting or at a special meeting called
for that purpose.
Section 11.
Resignation. Any officer may resign at any time. Such resignation shall
be made in writing to the President/Chair or Secretary/Clerk of the CHS and shall take
effect at the time specified therein, or if no time be specified, at the time of its receipt
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by the President or Secretary. The acceptance of a resignation shall not be necessary to
make it effective.
ARTICLE VI
DISTRIBUTION OF ASSETS
Section 1.
Right to Cease Operations and Distribute Assets. This section is to
acknowledge that all property is owned by ISD 2170 and inventoried to CHS. If full Site
Governing Status is obtained then MS 123B.045 prescribes that all property belongs to the
Site should the site convert to Charter Status under MS 124D.10 the property must be
transferred to the newly created Charter School.
By a two-thirds (2/3) vote of the Site Council, The Site Council may resolve that CHS Cease
operations and voluntarily dissolve. Such resolution shall set forth the proposed dissolution
and direct designated officers of the CHS to perform all acts necessary to affect dissolution.
Written noticed as required by the Bylaws shall state the purpose of the meeting shall be to
vote upon the dissolution of the CHS. A resolution to dissolve CHS shall be approved only upon
the affirmative vote of a two-thirds (2/3) or a quorum of the Site Council taken at a meeting
during which the resolution is brought before the public. The Site Council shall adopt a
resolution proposing dissolution of the CHS by the affirmative vote of a majority of all Site
Council Members. The resolution must include a plan of dissolution that states to whom the
assets owned or held by the CHS will be distributed after creditors are paid. The plan must
comply with the requirements of section 317A.735 and the Site’s contract with ISD 2170. If the
Site will have discretion in distributing assets, the plan must state that the assets will be
distributed to persons the Site subsequently identifies.
Section 2.
Cessation and Distribution. If such cessation and distribution is called for the
ISD 2170 Board of Education shall distribute the property unless the purpose of dissolution is to
convert to CHS 4206, a Charter School.
ARTICLE VII
INDEMNIFICATION
As a Site Council, the CHS is operating as an approved sub-entity of Staples Motley Independent
School District 2170 and it’s administrative and governance structure and the Site Council is
insured and protected by SM2170 to the fullest extent permitted by MS section 317A.521 and
MS section 466.07.
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ARTICLE VIII
AMENDMENTS
Section 1.
Amendments to Bylaws.
The bylaws may be amended, altered, or repealed
and new Bylaws adopted upon proper notice and a two-thirds (2/3) vote of the Site Council.
ARTICLE IX
FINANCIAL MATTERS
Section 1.
Contracts.
The CHS Site Council may authorize any officer or officers, agent
or agents of the CHS to enter into any contract or execute and deliver any instrument in the
name and on behalf of the CHS, and any such authority may be general or confined to specific
instances. Unless so authorized by the CHS or these Bylaws, no officer, agent, or employee
shall have any power or authority to bind the CHS by any contract or engagement, or to pledge
its credit or to render it financially liable for any purpose or to any amount. Only the ISD 2170
Board of Education has the authority to approve any debt on behalf of CHS.
Section 2.
Loans and Pledges. No loans shall be contracted nor pledges or guarantees
given on behalf of the Site Council unless specifically authorized by the ISD 2170 Board of
Directors.
Section 3.
Authorized Signatures.
All checks, drafts or other orders for the
payment of money, notes or other evidence of indebtedness issued in the name of the CHS
shall be signed by such person or persons as authorized by ISD 2170.
Section 4.
Deposits.
All funds of the CHS shall be deposited to the credit of the CHS in
accounts designated by ISD 2170 in such banks, trust companies or other depositories as the
ISD 2170 Board of Directors may designate and shall be disbursed under such general rules and
regulations as the Board of Directors may from time to time determine.
Section 5.
Corporate Seal.
The CHS shall not have a corporate seal.
Section 6.
Documents Kept at Registered Office.
The CHS Site Council shall cause to
be kept at the registered office of the CHS and SM2170 the original or copies of:
(a) Approved minutes and records of all proceedings of the Site Council
and all committees;
(b) Records of all votes and actions of the members;
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(c) All financial statements of this Site Council; and,
(d) Bylaws of this Corporation and all amendments and restatements
thereof;
(e) Any other documents required to be kept on file by MS123B.045.
Section 7.
Accounting System and Audit.
The ISD 2170 Board of Directors shall cause
to be established and maintained, in accordance with generally accepted standards of fiscal
management for a public school applied on a consistent basis, and appropriate accounting and
financial reporting system for the CHS. The Board shall ensure compliance with the following:
(a) Audits must be conducted in compliance with generally accepted
governmental auditing standards, the Federal Single Audit Act, if
applicable, and Minnesota Statutes Section 6.65.
(b) The Board is subject to and must comply with Minnesota Statutes
Sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04; 118A.05;
118A.06; 471.38; 471.391; 471.392; and 471.425.
(c) The Board must ensure that audits comply with the requirements of
Minnesota Statutes Sections 123B.75 to 123B.83, except to the extent
deviations are necessary because of the program at the school.
Deviations must be approved by the Commissioner and Authorizer.
(d) The Board shall cause the financial records and Board Minutes of the
CHS to be audited at least once each fiscal year and at such times as it
may seem necessary or appropriate, and may retain such person or
firm for such purposes as it may deem appropriate.
The Board shall ensure that the school submits an audit report to the Commissioner of
Education, by December 31 each year.
ARTICLE X
MISCELLANEOUS
Section 1.
Gender References. All references in these Bylaws to a party in
the masculine shall include a feminine and neuter.
Section 2.
Plurals.
All references to the plural shall, where
appropriate include the singular and all references in the singular shall, where
appropriate be deemed to include the plural.
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Approved by the Founding Board of Connections High School on Dec. 6, 2011
ARTICLE IV: Section 2, Amended on September 4, 2012
Amended and approved the change from Charter School (Board of Directors) to Site Governed
School and the change of site council members in Article IV, Section 2, on June 2, 2014
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