Common use of POWERS AND DUTIES OF THE BOARD AND APPOINTED REPRESENTATIVES TO THE BOARD Clause in Contracts

POWERS AND DUTIES OF THE BOARD AND APPOINTED REPRESENTATIVES TO THE BOARD. EDCO Collaborative shall exist as a public entity. The Board shall be vested with the authority to enter into agreements with Member Districts, non-member districts, charter schools or other collaboratives to establish mutually beneficial programs and services or pricing arrangements. The Board shall be responsible for the following, consistent with the requirements of law, regulation, and Article VIII of this agreement: 1. Ensuring adherence to this Agreement and progress toward achieving the purpose and objectives set forth in the Agreement 2. Determining the cost-effectiveness of programs and services offered by the Collaborative 3. Determining the appropriateness and cost-effectiveness of any borrowing, loans or mortgage 4. Approving all expenditures, including contracts, borrowing, and the purchase and sale of real estate 5. Ensuring an annual report for the previous fiscal year be prepared and submitted to the Commissioner and Chair of each Member District no later than January 1 of each year 6. Ensuring that an independent financial audit is completed annually and submitted to the Chair of each Member District, the Commissioner, and the State Auditor no later than January 1of each year 7. The Board may delegate to the Treasurer the causing of an audit. The Board shall have all the powers and duties conferred and imposed upon educational collaborative boards by law and conferred and imposed upon it by this Agreement and such other additional powers and duties as are specified in M.G.L. c. 40, §4E, 603 CMR 50.00 and any amendments thereof, or as may be specified in any other applicable general or special law. The Board may adopt by-laws consistent with law and regulations and with this Agreement to govern the day-to-day operation or other appropriate matters of the Collaborative. If a particular matter is not covered by such a document, then any such matter will be handled, as the Board deems appropriate by a vote of the Board Members present and voting. It is the function and responsibility of the Board to formulate policy for the Collaborative and to ensure compliance with applicable state and federal laws and regulations, including M.G.L.

POWERS AND DUTIES OF THE BOARD AND APPOINTED REPRESENTATIVES TO THE BOARD. EDCO Collaborative shall exist as a public entity. The Board shall be vested with the authority to enter into agreements with Member Districts, non-member districts, charter schools or other collaboratives to establish mutually beneficial programs and services or pricing arrangements. The Board shall be responsible for the following, consistent with the requirements of law, regulation, and Article VIII of this agreement: 1. Ensuring adherence to this Agreement and progress toward achieving the purpose and objectives set forth in the Agreement 2. Determining the cost-effectiveness of programs and services offered by the Collaborative 3. Determining the appropriateness and cost-effectiveness of any borrowing, loans or mortgage 4. Approving all expenditures, including contracts, borrowing, and the purchase and sale of real estate 5. Ensuring an annual report for the previous fiscal year be prepared and submitted to the Commissioner and Chair of each Member District no later than January 1 of each year 6. Ensuring that an independent financial audit is completed annually and submitted to the Chair of each Member District, the Commissioner, and the State Auditor no later than January 1of each year 7. The Board may delegate to the Treasurer the causing of an audit. The Board shall have all the powers and duties conferred and imposed upon educational collaborative boards by law and conferred and imposed upon it by this Agreement and such other additional powers and duties as are specified in M.G.L. c. 40, §4E, 603 CMR 50.00 and any amendments thereof, or as may be specified in any other applicable general or special law. The Board may adopt by-laws consistent with law and regulations and with this Agreement to govern the day-to-day operation or other appropriate matters of the Collaborative. If a particular matter is not covered by such a document, then any such matter will be handled, as the Board deems appropriate by a vote of the Board Members present and voting. It is the function and responsibility of the Board to formulate policy for the Collaborative and to ensure compliance with applicable state and federal laws and regulations, including M.G.L.M.G.L. c. 40, § 4E and 603 CMR 50.00. The Board shall review the effectiveness of such policies to ensure currency and appropriateness, and may establish a subcommittee to make recommendations to the Board concerning such policies. 8. The Board may establish subcommittees such as an Executive Subcommittee and a Finance and Administration Subcommittee to expedite the work of the Board and to provide guidance and support in managing the essential functions and business of the Collaborative. 9. The Board shall hire all employees of the Collaborative and ensure that all employees possess the necessary and required credentials and approvals, to the extent applicable, including those required by M.G.L. c. 71, § 38G and 603 CMR 7.00, M.G.L. c. 74 and 603 CMR 4.00, and all acts and regulations amendatory thereof. 10. The Board shall appoint the Executive Director, Business Administrator, Treasurer and at least one registered nurse, and oversee the operation of the Collaborative to the end that the educational needs of students enrolled in Collaborative programs, as well as the goals of any cooperative program of the Collaborative, are met in an effective and economical way. The Board will ensure there is segregation of duties among the Executive Director, Business Administrator, and Treasurer. 11. The Board shall have the authority to borrow money for any purpose consistent with law, regulations, and Article VIII of this Agreement, including, but not limited to, to meet ongoing payroll obligations, to finance the purchase and/or lease of any real or personal property, including equipment, land and/or a building(s) (including portables), and/or to finance any renovation, reconstruction and/or construction of any real property. The Board shall be responsible for ensuring that any borrowing, loans, or mortgages are cost-effective and necessary to carry out the purposes for which the Collaborative is established, in the best interest of the Collaborative and its Member Districts, and consistent with the terms of this agreement. 12. The Executive Director shall have the day to day responsibility for all activities of the Collaborative, shall be responsible for overseeing all of its programs, shall be responsible for implementing the policies and by- laws, if any, and for developing procedures consistent with the policies of the Board. The Board may delegate the Executive Director to supervise and discipline personnel to the extent permitted by applicable law and regulation. In addition, the Executive Director shall have the authority granted by M.G.L. c.40, §4E and any amendments thereto. The Board shall complete an annual evaluation of the Executive Director in accordance with 603 CMR 50.06(2). 13. The Executive Director shall be charged with maintaining a website for the Collaborative in accordance with M.G.L. c. 40 § 4E. Said website shall include a list of Board Members, copies of Board Meeting minutes, a copy of the Collaborative Agreement and any amendments to the Agreement, a copy of the annual independent audit, a copy of the Annual Report required by 603 CMR 50.08, and contact information for the Collaborative and key Collaborative staff members. 14. The Board shall appoint a Business Administrator subject to M.G.L. Chapter 41, Sec. 52 who shall have such powers and responsibilities determined by the Board in its approved job description. Said duties are similar to those of a town accountant and are consistent with 603 CMR 50.00. The Board shall ensure that an annual evaluation of the Business Administrator occur in accordance with 603 CMR 50.06(3). The Business Manager may not be the Treasurer of the Collaborative. 15. The Treasurer who shall have such powers and responsibilities as determined by the Board and as stipulated in the Board approved job description, consistent with 603CMR 50.00. The Board shall annually evaluate the Treasurer’s performance and effectiveness. No Collaborative employee or appointed representative to the Board may serve concurrently as the Treasurer. The Treasurer shall report directly to the Board.