By-Laws

AMENDED AND RESTATED
MARQUEZ GOVERNING BOARD BYLAWS
(effective on May 18, 2000)

ARTICLE I.  NAME

The name of this organization shall be the “Marquez Governing Board” (the “Board”).

ARTICLE II.  PURPOSE

The purpose of the Board is to govern Marquez Charter School (the “School”), and its areas of decision making may include, but are not limited to, the following:  budget, curriculum/ instruction, personnel hiring, scheduling of school events, determination of calendar, student admission and/or enrollment policies, student conduct, community relations, fiscal management and school operations.

ARTICLE III.  BOARD MEMBERS

Section 1.  Representation.  The Board shall consist of a total of twelve (12) members:  the Principal; six (6) teachers (one representative from each grade), one of whom shall be the teacher union chapter chair; one classified representative; and four parents/guardians of students attending the School.

Section 2.  Alternates.  Any teacher member who is unable to attend a Board meeting shall designate in writing an alternate to attend such meeting, which designee shall have all of the rights and duties of a regular Board member for such meeting.  The parent candidates receiving the third and fourth highest number of votes shall serve as parent alternates 1 and 2, respectively.  During the absence of a parent member from a Board meeting, parent alternates 1 and 2, in that order, shall have all of the rights and duties of a regular Board member.

Section 3.  Elections.  All members (except the Principal and the teacher union chapter chair) shall be elected by their constituency through elections held once a year in May.  Notice of the election and a listing of the various candidates running for office shall be set forth in a bulletin, newsletter or other communication distributed through the school office and distributed by the teachers via the students in a manner to assure that each person entitled to vote will receive a copy, and posted on the bulletin board at the entrance to the School, at least fourteen (14) days prior to the election.  Election will be by secret ballot, with ballots distributed through the school office and distributed by the teachers via the students of the School  in a manner to assure that each person entitled to vote will receive a ballot.  Ballots will be counted by two Board members and the Principal, and will be available for review until the next year’s election.

Section 4.  Term of Office.  Each parent/guardian elected member shall serve for a two-year staggered term, or until his or her successor has been elected.  No parent/guardian elected member may serve for consecutive terms.  All other elected members shall serve for a one-year term, with no limit on consecutive terms of office.

Section 5.  Termination of Membership.  Any Board member may resign by filing a written resignation with the Board.  Any member may be removed by a two-thirds (2/3) vote of the total voting membership of the Board where a Board member has  missed three (3) consecutive regular Board meetings.  Notice of such intended action shall be included in the agenda of the meeting at which such action is to take place.

Section 6.  Vacancy.  Any vacancy of a parent representative position of the Board shall be filled by parent alternates 1 and 2, in that order.  Any vacancy of a teacher representative position of the Board shall be filled by teacher alternates 1 and 2.  Such alternates shall finish the term of the vacancy they are filling.  In the event that there are additional vacancies to be filled, a special election shall be scheduled as soon as possible according to the procedures in Section 3 of this Article.  The person(s) elected will finish the term of the vacancy they are filling.  Alternates serving a term will comply with Section 4 (Term of Office) conditions.

ARTICLE IV.  OFFICERS

Section 1.  Officers.  The officers of the Board shall be elected annually and consist of a chairperson and a recorder, and such other officers as the Board may deem desirable.

Section 2.  Chairperson.  The Chairperson shall preside at all Board meetings in a fair and impartial manner, striving to promote consensus on the Board.  The Chairperson shall prepare the agenda for each Board meeting and provide it to the Recorder to distribute in accordance with Article V.  The Chairperson shall act as official spokesperson for the Board to the public and the Board of Education, and approve, sign and transmit all pertinent documents requiring Board action.  The Chairperson shall also ensure that Board meetings be conducted in an orderly manner and shall have the power to exclude disruptive individuals from Board meetings.

Section 3.  Recorder.  The Recorder shall be the custodian of the Board records and keep the minutes of all meetings of the Board, see that all notices are duly given in accordance with the provisions of these bylaws; keep a register of the address, telephone number and email address (if any) of each Board member, which shall be furnished to the Recorder by such members; and, in general, perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to the office by the Chairperson by the Board.

ARTICLE V.  MEETINGS

Section 1.  Regular Meetings.  The Board shall meet on a regular basis at least once every two months while school is in session.  Notice of regular meetings, including an agenda, shall be given to each Board member by email or fax and shall be set forth in a bulletin, newsletter or other communication distributed through the students of the School, posted on the bulletin board at the entrance to the School, and placed in the faculty boxes in the School office, at least five (5) days in advance of the date of the meeting.

Section 2.  Special Meetings.  Special meetings may be called by the Chairperson or by majority vote of the Board.  Notice of a special meeting, including an agenda, shall be set forth in a bulletin, newsletter or other communication distributed through the students of the School, posted on the bulletin board at the entrance to the School, and placed in the faculty boxes in the School office at least three (3) days in advance of the date of the meeting.  Only such business shall be conducted at a special meeting as shall have been noticed in the agenda.

Section 3.  Deliberations.  All Board meetings shall be open to the public and the public is encouraged to attend.  Consensus building is the preferred decision-making process since the decision should be supported by all members of the group.  Board members shall make an effort to receive input from their constituents and committees and present that information to be used in deliberations.  The ideas and opinions of each Board member are equally important in arriving at decisions.  Board members shall consider all points of view and shall solicit the advice of all interested parties as needed.

Section 4.  Voting.  Each Board member shall be entitled to one vote and may cast that vote on each matter submitted to a vote of the Board.  When consensus cannot be met, decisions will be made by majority vote; provided, however, any decisions having an impact on teacher salaries, teacher health plans, teacher pension plans, teacher job security and like issues will require a vote of the entire faculty and a 75% affirmative vote for passage.  With respect to procedures governing voting mattes, Robert’s Rules of Order shall be applicable to issues not addressed herein.

Section 5.  Quorum.  The presence of a majority of the total voting membership shall be required in order to constitute a quorum necessary for the transaction of the business of the Board at any regular or special board meeting.

Section 6.  Emergency Meetings.  If, during an emergency, a majority of the Board cannot be found or is unable to act, one-third (1/3) of the total voting membership (including at least one teacher and one parent/guardian) shall constitute a quorum thereof.  Notice of an emergency meeting, including an agenda, shall be posted on the bulletin board at the entrance to the School and given by telephone and email to each Board member that can be reached and the local media as early as possible in advance of the meeting.  Only such business shall be conducted at an emergency meeting as shall have been noticed in the agenda.  “Emergency” in this section means disorder, disturbance or damage caused by war, enemy attack, other warlike acts or by catastrophe, disaster or other similar emergency condition.

ARTICLE VI.  COMMITTEES

Section 1.  Standing and Special Committees.  The Board may from time to time establish and abolish such standing or special committees as it may desire.  All committee meetings shall be open to the public and the public is encouraged to attend.  No standing or special committee may exercise the authority of the Board.  The standing committees of the Board shall include but not be limited to:

School Site Council relating to budgetary matters
Curriculum Committee

Section 2.  Committee Membership.  Committee membership is open to all members of the public.  The standing committees shall have both parent and teacher representation.  Committee members may be appointed by the Board or by the Chairperson.  The Principal shall be an ex officio member of each committee.  Each committee shall select a chairperson that will staff the committee, organize meetings, and report to the Board as necessary.

ARTICLE VII.  AMENDMENTS

These Bylaws may be amended at any regular meeting of the Board if notice of such amendment was noticed in the agenda of such meeting by a vote of two-thirds (2/3) of the total voting membership of the Board.

ARTICLE VIII.  RATIFICATION

These Amended and Restated Bylaws shall be effective when approved by two-thirds (2/3) of the total voting membership of the Board.