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Ashburnham-Westminster Regional School Committee Bylaws

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ASHBURNHAM-WESTMINSTER REGIONAL SCHOOL COMMITTEE BYLAWS

By affirmative vote of a majority of all members present, the Ashburnham-Westminster Regional School Committee adopts these Bylaws effective May 25, 2004.

1. Purpose & Definitions

1.1. The purpose of these bylaws is to define those responsibilities of the Ashburnham-Westminster Regional School Committee (hereinafter referred to as the “School Committee”), required by the Ashburnham-Westminster Regional School District Agreement. Further, the purpose is to provide for the orderly conduct of the business of the School Committee.

1.2. The following terms are defined for the purposes of this document:

1.2.1. “Term” or “Current Term” – Shall be defined as the period beginning with the School Committee’s Organization Meeting and ending on the day immediately preceding the next Organization Meeting.

1.2.2. “Fiscal Year” – The operating year of the school district beginning on July 1 of any given year and ending on June 30 of the subsequent year.

2. Organization

2.1. Organization Meeting

2.1.1. Election of officers as prescribed by Section 2.3 below shall be held during the first regular School Committee meeting following the conclusion of Regional School Committee elections in both towns.

2.1.2. The School Committee shall adopt rules of order for the current term during the Organization Meeting as described in Section 3.4 below.

2.1.3. The organization meeting shall be called to order by the Superintendent of Schools upon determination that a quorum is present. The Superintendent shall then immediately open nominations for Chairperson, and conduct the election of the Chairperson. Upon election, the Chairperson shall assume chairmanship of the meeting and complete the elections of the Vice Chairperson and Secretary.

2.2. Quorum

2.2.1. As defined by the Regional School District Agreement, a quorum of the full School Committee shall be six members.

2.2.2. The Chairperson of the School Committee may convene any meeting of the full committee only if a quorum is present.

2.2.3. The Chairperson must adjourn any meeting of the full committee if the number of members present falls below the prescribed quorum.

2.3. Officers

2.3.1. Election – The officers described below shall be elected by a majority vote of the School Committee at the organization meeting described in Section 2.1.

2.3.2. Removal – Any of the duly elected officers of the School Committee described in Sections 2.3.3 through 2.3.6 below may be removed from office during his/her term by the affirmative vote of at least 6 members.

2.3.3. Chairperson – The Chairperson of the School Committee shall have the following responsibilities:

2.3.3.1. Authorized signatory for the School Committee, or as required by law.

2.3.3.2. Official representative of the School Committee.

2.3.3.3. Responsible for the timely and orderly conduct of School Committee meetings.

2.3.3.4. May participate in all discussions and votes at all School Committee meetings.

2.3.3.5. May temporarily turn the chair over to the Vice Chairperson.

2.3.3.6. Together with the Vice Chairperson approves the agenda for all School Committee meetings based on the recommendations of the Superintendent, and requests from School Committee members.

2.3.3.7. Shall be the sole contact with District legal counsel, and shall have the authority to approve contact with legal counsel by other School Committee members as warranted by specific circumstances.

2.3.3.8 Confer with Superintendent on crucial matters that may occur between Committee meetings and where matters would affect the duties of the committee or when strong community student or staff reaction is likely, the chair will use appropriate methods approved by the SC, to keep the committee fully informed of these matters, and place before the committee all relevant facts necessary to keep the committee and the public adequately informed of situations or business at hand.

2.3.4. Vice Chairperson – The Vice Chairperson of the School Committee shall have the following responsibilities:

2.3.4.1. Act as the Chairperson of the School Committee in the absence of the Chairperson.

2.3.4.2. Together withe Vice Chairperson approves the agenda for all School Committee meetings based on recommendations of the Superintendent and requests from School Committee members.

2.3.5. Secretary – The Secretary of the School Committee shall have the following responsibilities:

2.3.5.1. Act as the Chairperson of the School Committee in the absence of both the Chairperson and Vice Chairperson.

2.3.5.2. Swear in and record the oath of all newly elected or re-elected School Committee members, during or prior to the Organization Meeting of the School Committee described in Section 2.1.

2.3.5.3. Ensure the recording of the minutes of all School Committee meetings including executive sessions. In the event of the absence of the Secretary, the Chairperson shall appoint a member to fulfill the duties of the Secretary for that meeting or executive session as Acting Secretary.

2.3.5.4. Shall review and sign all School Committee minutes, including executive session minutes, for completeness and accuracy and submit such minutes to the full School Committee for approval in a timely manner.

2.3.5.5. In case of the absence of the Chairperson or Vice Chairperson, approves the agenda for all School Committee meetings together with the remaining officer.

2.3.6. Treasurer

2.3.6.1. As prescribed by the Regional School District Agreement, the School Committee shall annually elect a Treasurer who need not be a member of the Committee.

2.3.6.2. The School Committee shall adopt a policy concerning the time and method of selection of the Treasurer; duties and responsibilities of the Treasurer; and contract requirements and remuneration of the Treasurer.

2.3.7. Executive Committee

The term "Executive Committee" within any contract, certification or any other document issued or produced in reference to the Ashburnham-Westminster Regional School District of its School Committee shall refer exclusively to the Chairperson, Vice Chairperson and Secretary.

3. Meetings

3.1. The School Committee will approve a regular meeting schedule for the subsequent fiscal year by June 30 of any year. Regular meetings will be scheduled at least monthly. Changes to the regular meeting schedule, or the calling of special meetings will be agreed to by the full committee during a regularly scheduled meeting except as noted in section 3.2 below.

3.2. The Chairperson, Vice Chairperson and Secretary shall have by majority vote, the responsibility for such changes in the period between regularly scheduled meetings.

3.3 The Chairperson, Vice Chairperson and Secretary shall have by majority vote, the responsibility for the scheduling of special or emergency meetings in the period between regularly scheduled meetings.

3.4. School Committee meetings may only be called to order by the Chairperson; or by the Vice Chairperson in the Chairperson’s absence; or by the Secretary in the absence of both the Chairperson and the Vice Chairperson. If none of these officers is present, the Superintendent of Schools may, after determining that a quorum is present, call the meeting to order and direct the membership present to elect an Interim Chairperson to serve for the duration of the present meeting or until a duly elected officer arrives at that meeting.

3.5. Conduct of all School Committee and subcommittee meetings shall be governed by Robert’s Rules of Order. The School Committee, at its organization meeting shall adopt any such complete or abridged version of Robert’s Rules as it sees fit. Adoption shall be by majority vote, and shall remain in effect until the following organization meeting.

4. Majority

4.1. One more than one-half of the votes cast shall be considered a majority for the conduct of School Committee business, unless otherwise specified by law.

4.2. A Super Majority shall be defined as an affirmative vote of 7 members.

4.3. Budget certification, Expedited Policy Adoption (§8.2.3), and Bylaw Amendment (§11.3) shall require the affirmative vote of a super majority of the School Committee.

4.4. An abstention is not considered a vote cast, and is not counted in the affirmative or negative, and in no way shall affect the determination of a majority, or a quorum.

5. Agenda

5.1. Per sections 2.3.3.6, 2.3.4.2, and 2.3.5.5 above, the Chairperson and Vice Chairperson shall approve the agenda for any regular or special School Committee meetings. In the absence of the Chairperson or Vice Chairperson, the Secretary shall participate in the approval of such agendas.

5.2. Agenda items for subsequent meetings will be submitted to the Chairperson by members or at the request of the Superintendent.

5.3. All members shall have the right to submit agenda items per section 5.2 above.

5.4. If, in the conduct of any regular or special meeting, time constraints prevent the coverage of a specific agenda item, such item will have preference and priority for placement on the next available meeting agenda.

5.5.. The agenda for any meeting may be altered during that meeting only by a majority vote of the School Committee.

6. Minutes

6.1. Per Section 2.3.5.3 and 2.3.5.4 above, the Secretary shall be responsible for the accurate and timely recording of the minutes of all School Committee meetings including executive sessions. The Secretary may delegate the actual recording and preparation of minutes to any other member or employee of the School District.

6.2. Subject to the provisions of Massachusetts General Law, School Committee minutes shall contain an accurate record of: date and chronology of events; committee and administration attendees; all motions and attendant votes; general description of discussion; in the case of public comment, speakers will be identified in the minutes where possible.

6.3. Minutes will be presented to the full Committee for approval by the Secretary within the next three meetings or 30 days, whichever occurs latest, after the meeting in which such minutes were recorded. Approval of minutes shall require an affirmative vote of the majority of the committee.

6.4. The School Committee shall create a policy governing the approval and release of executive session minutes.

7. Subcommittees – The following rules shall govern the formation and conduct of any standing or ad hoc subcommittees of the School Committee:

7.1. Standing subcommittees are those formed by consent of the full School Committee and are intended to carry out a specific function on a permanent basis, or until otherwise instructed or dissolved by action of the full School Committee.

7.1.1. Standing subcommittees shall be appointed no later than 2 weeks following the School Committee’s organization meeting.

7.1.2. Each standing subcommittee shall formulate a charter for approval by the full School Committee. Such charter shall include: 1) scope of responsibility; 2) specific duties; and 3) authority. At the start of each term each standing subcommittee shall review its charter and submit revisions to the full school committee within 45 days of the start of the term.

7.1.3. The School Committee Chairperson shall have the final authority to appoint members to standing subcommittees, and shall also have the authority to appoint Chairpersons for each of those same subcommittees.

7.1.4. Standing subcommittees shall have no less than 3 and no more than 5 members.

7.1.5. All School Committee members shall serve on a minimum of 2 standing subcommittees.

7.1.6. Only School Committee members may be voting members of any standing subcommittee. Exceptions must be made by majority vote of the full School Committee.

7.2. Ad hoc subcommittees are those formed by consent of the full School Committee from time-to-time to carry out a specific function of a temporary or transitory nature.

7.2.1. The School Committee Chairperson shall have the final authority to appoint members to ad hoc subcommittees, and shall also have the authority to appoint Chairpersons for each of those same subcommittees.

7.2.2. Only School Committee members may be voting members of any ad hoc subcommittee. Exceptions must be made by majority vote of the full School Committee.

7.3. A quorum for all subcommittees shall be equal to one more than half of the membership of that subcommittee.

7.4. A majority of any subcommittee for voting purposes shall be defined as in Section 4.

7.5. No subcommittee may bind the School Committee by its votes or actions, unless authorized by a vote of the full School Committee.

7.6. Whenever possible, scheduling of any subcommittee meetings shall be done by majority vote of that subcommittee. In the absence of a majority, the subcommittee chairperson may set the date for any meeting.

7.7. Whenever possible, members will endeavor to schedule subcommittee meetings on no more than two (2) days in any given week.

8. Policies

8.1. The School Committee will develop policies and put them in writing so that they may serve as guides for the discretionary action of those to whom they delegate authority.

8.1.1. Policies are principles adopted by the School Committee to chart a course of action. They tell what is wanted; they may include why and how much. Policies should be broad enough to indicate a general line of action to be followed by the administration in meeting day-to-day challenges, yet be specific enough to give clear guidance.

8.1.2. The policies of the School Committee are framed and meant to be interpreted in terms of Massachusetts General Law, regulations of the Massachusetts Department of Elementary and Secondary Education, and other regulatory agencies which have authority over the District as well as addressing specific concerns of the School Committee or situations that are unique to the Ashburnham-Westminster Regional School District.

8.1.3. Adoption of new policies or revision and rescission of existing policies is solely the responsibility of the School Committee. The process of adopting new policies or revising or rescinding existing policies shall occur under the purview of the Policy Subcommittee.

8.2. Introduction of proposed Policies to the School Committee

8.2.1. Proposed policies (including revisions and rescissions) should be presented through the Policy Subcommittee as an agenda item to the School Committee.

8.2.2. Policies presented directly as an agenda item to the School Committee should be treated as a discussion item and be referred, by committee vote, to the Policy Subcommittee.

8.2.3. Expedited Policy Adoption: The School Committee, by an affirmative vote of a super majority, may dispense with the Introduction and Adoption Process described in this section and §8.3 below to meet emergency conditions.

8.3. School Committee Policy Adoption Process

First and Second reading may be waived if the text of the policy, in its entirety, is mandated by statute or exists in documents which have prior approval of the School Committee.

8.3.1. First Reading: Public introduction to the proposed policy or revision; response from Superintendent; report from any advisory Committee assigned responsibility in the area; committee discussion and directions for any redrafting.

The Policy Subcommittee should ensure interested parties have had an opportunity to review the proposed policy or revision prior to its presentation.

8.3.2. Second Reading: to occur with new policies and major revisions of existing policies, or redrafting from first reading. (This step may repeat if additional redrafting occurs)

8.3.3. Adoption: by majority vote of the School Committee.

9. Appointments to Special or Outside Committees

9.1. The Chairperson of the School Committee shall have the authority to appoint School Committee representatives to any committee specifically outside the scope of the School Committee itself. Such outside appointments may include: search committees, building committees, focus groups, community outreach groups, professional organizations, etc.

9.2. Appointments to such committees will be made in direct response to requests from outside groups for participation by a School Committee member(s).

10. Attendance

10.1. School Committee members are expected to attend all scheduled full committee and subcommittee meetings.

10.2. Excessive absenteeism may be cause for censure by majority vote of the full School Committee.

10.3. Absences will be reported to the School Committee Chairperson as early as possible prior to any expected absence.

10.4. The Chairperson shall inform the School Committee of his/her absences as far in advance as possible in order to allow for timely notification to his/her replacement.

11. Bylaw Amendment

11.1. Amendments to these bylaws may be offered by any School Committee member directly to the full School Committee.

11.2. The full School Committee may by majority vote refer the amendment to any standing or ad hoc subcommittee for further review. Such referral must include a request for specific recommendation, and a specific schedule for report back to the full committee. The full committee may, by majority vote, choose to consider the amendment directly without referral to any subcommittee.

11.3. Adoption of any amendment to these Bylaws shall require an affirmative vote of a super majority of the full School Committee.

12. Supremacy of Bylaws

12.1. Upon adoption by the School Committee, these bylaws will supersede any then current policy of the School Committee.

12.2. Per 12.1, any then current policy of the School Committee upon which the Bylaws are silent shall still be considered in force.

12.3. In no case may a current or future policy adopted by the School Committee, contradict or supersede anything contained in these Bylaws. Should such a situation arise, through ignorance or otherwise, the full committee shall vote to either amend the bylaws or declare such policy null and void.

12.4. These Bylaws may only be altered or amended per the process in Section 11 above.

LEGAL REF: MGL Ch. 71§16A

APPENDIX A

AWRSC Bylaws

Revision History

Date Action

05/25/04 Adopted original bylaws

05/10/11 Motion by J. Boudreau that the School Committee amend the By-laws by striking “in person or by telephone” under 9.3 seconded by J. Schonborg.

Approved unanimously.

Note: text & vote of amendments henceforth are recorded in School Committee meeting minutes

01/06/15 Add new section 8 regarding policies {renumbering remaining sections}

Revise §2.3.7.2 regarding authority of Executive Committee

Revise §7.1.2 regarding Subcommittee requirement to have their charter approved

Revise §12.3 (formally §11.3) regarding conflicts between Bylaws and Policies

Revise §4.3 adding Expedited Policy Adoption and Bylaw Amendment

Revise §11.3 (formally §10.3) changing 7 members to super majority

02/27/18 Revise §6.3 regarding timeframes for approval of minutes

01/22/19 Revise §2.3.3.6 regarding duties of Chairperson

Revise §2.3.4.2 regarding duties of Vice Chairperson

Add §2.3.5.4 regarding duties of Secretary

Revise §2.3.7 regarding description and authority of Executive Committee

Revise §3.2 regarding reference to Executive Committee

Add 3.3 regarding responsibilities of Chairperson, Vice Chairperson and Secretary

Revise §5.1 regarding responsibilities of Chairperson, Vice Chairperson and Secretary

Revise §5.6 regarding Agenda approval

03/26/19 Add §2.3.3.8 regarding duties of Chairperson

10/27/22 Revise §5.2 modified language

Revise §5.3 modified language

Revise §5.4 strike

Revise §5.6 strike

Revise §5.5 number changed to 5.4

Revise §5.7 number changed to 5.5

First Reading: 05/11/04 Second Reading: 05/25/04 ADOPTED: 05/25/04

Amended: 05/10/11 Amended: 01/06/15 Amended: 02/27/18 Amended 02/22/19 Amended 03/26/19 Amended 10/27/2022