Revised 4/18/01
THE WEST CENTRAL REGIONAL PROFESSIONAL DEVELOPMENT CENTER BYLAWS
WHEREAS, Revised Code Chapter 167 provides, in general, that the governing bodies of any two or more political subdivisions may enter into an agreement establishing a Regional Council of Governments for the purpose of promoting cooperative arrangements and agreements among its members and government agencies or private persons or entities, performing functions and duties that its members can perform individually and addressing problems of mutual concern; and
WHEREAS, certain boards of education wish to form a Regional Council of Governments for the purpose of providing teacher training and development and other joint activities of mutual interest;
NOW, THEREFORE, it is agreed by and among the Members identified below, on behalf of which this Agreement has been executed in accordance with the authorizing resolutions by their respective governing bodies, as follows:
SECTION 1. DEFINITIONS
Any capitalized word or phrase in these By-Laws are not otherwise defined herein, shall have the meaning given in Section 2 of this Agreement described above as that Agreement may, from time to time, be amended, modified, or supplemented in accordance with Section 11 thereof.
As used in this Agreement and in the By-Laws adopted pursuant to section 5 hereof, the following words shall have the following meanings:
SECTION 2. REGIONAL STAKEHOLDERS COUNCIL
The Regional Stakeholders Council shall be made up of individuals who are interested in teacher training and development, and who represent a wide range of positions in Member school districts; plus community leaders, representatives of institutions of higher education, and other organizations whose missions relate to that of the West Central Regional Professional Development Center. The Regional Stakeholders Council will meet annually in April.
A. COMPOSITION OF THE REGIONAL STAKEHOLDERS COUNCIL
Membership in the Regional Stakeholders Council shall be open to all individuals in the eight-county service area who are interested in teacher training and development, representing Member school districts; plus community leaders, representatives of institutions of higher education, and other Regional Professional Development Centers.
B. POWERS AND DUTIES OF THE REGIONAL STAKEHOLDERS COUNCIL
The Regional Stakeholders Council shall serve as an information and resource body. It will be the voice of the Stakeholders providing feedback to the Director and the Executive Board regarding the effectiveness of the West Central Regional Professional Development Center.
C. MEETINGS OF THE REGIONAL STAKEHOLDERS COUNCIL
The interests of the Stakeholders of the West Central Regional Professional Development Center will be addressed by convening a meeting of the Regional Stakeholders Council in April of each year. An annual report of West Central Regional Professional Development Center activities will be distributed at that meeting. The Director and/or Executive Board Chair may call special or additional meetings of the Regional Stakeholders Council as necessary. Members will be notified of all meetings through mailings to each school district and institution of higher education, through email, and through media press releases. The treasurer of the fiscal agent shall function as the Recording Secretary for all official proceedings of the Regional Stakeholders Council.
SECTION 3. EXECUTIVE BOARD
A. COMPOSITION OF THE EXECUTIVE BOARD
The eleven-member Executive Board shall include one representative from each of the eight counties, one member representing all Academic Watch West Central Regional Professional Development Center (AW) and Academic Emergency (AE) schools, one superintendent member representing all eight counties, and one member representing the city school districts. The superintendent member and the member representing city school districts will rotate alphabetically by county or city every two years.
1. Length of Term
Representatives of the Executive board shall be appointed initially for terms of one or two years, with the length of each term determined by drawing lots at the conclusion of the balloting in July 2001. Six members initially shall have one-year terms, and the remaining five members shall serve two-year terms. Thereafter all terms shall be for two years.
2. Vacancies
The Director will notify each ESC superintendent when an opening in his or her county(s) occurs. The ESC superintendent shall consult with stakeholders in the local, city and exempted village districts to fill the position. The name of the nominee will be presented to the Director for inclusion on the next Executive Board meeting agenda. The nominee will be voted upon and recorded in Executive Board Minutes before assuming the responsibilities as an Executive Board member. The appointment shall fill the remainder of the unexpired term.
3. Ex-officio Members (Non-Voting)
The West Central Regional Professional Development Center's Director and the Fiscal Agent Treasurer shall serve as ex-officio members of the Executive Board.; However, neither the Director nor Fiscal Agent Treasurer are entitled to attend an executive session of the Executive Board. The attendance of the Director and /or Treasurer is at the discretion of the chair. The Director, with input from the Executive Board Chairperson and Stakeholders, shall prepare the agenda, and the treasurer shall function as the Recording Secretary for all official proceedings of the Executive Board.
B. POWERS AND DUTIES OF THE EXECUTIVE BOARD
1. The Executive Board shall provide leadership for the Director in conducting the West Central Regional Professional Development Center's necessary business. The Executive Board shall determine short-range and long-range goals for the West Central Regional Professional Development Center.
2. The Executive Board shall have primary responsibility of the fiscal accountability and the operations of the West Central Regional Professional Development Center.
3. The Executive Board shall authorize any expenditure within the approved budget, and shall forward approval of such expenditures to the Fiscal Agent for approval.
4. The Executive Board shall work with the Director to prepare a budget appropriation at the beginning of each fiscal year.
5. The Executive Board shall present an annual report and budget summary to the Regional Stakeholders Council at the April meeting.
6. The Executive Board may approve the acquisition by purchase, lease, or lease-purchase such supplies, materials, equipment, and facilities as it may deem necessary and appropriate for the work of the West Central Regional Professional Development Center, and may secure such insurance coverage as may be deemed necessary for the protection of the Regional Stakeholders, Executive Board Members, officers, personnel, and property.
7. The Executive Board may authorize non-member entities to participate in programs and services of the West Central Regional Professional Development Center on a contract basis.
8. The Executive Board may, on behalf of the West Central Regional Professional Development Center, accept any gift, donation or bequest from public or private donors, including gifts, donations, or bequests made under lawful conditions upon their use, and may accept goods, services, and the use of personnel contributed by either Members or non-Member entities.
9. The Executive Board shall direct the employment of any staff, and the procurement of contracted services, in accordance with Section 5 of these By-Laws.
10. The Executive Board shall approve the West Central RPDC Policies and Procedures.
11. The Executive Board shall have all powers and responsibilities vested in Regional Council of Governments pursuant to Chapter 167 of the Ohio Revised Code.
C. MEETINGS OF THE EXECUTIVE BOARD
The Executive Board shall meet monthly, or at the discretion of the chair of the Executive Board.
D. OFFICERS OF THE EXECUTIVE BOARD
The election of officers shall be conducted each year at the April meeting. Candidates receiving the highest number of votes shall be declared elected to a term of office beginning on July first of the ensuing year. The officers to be elected are the Chair and the Chair-Elect. These elected officers shall serve one-year terms and together shall serve as the Executive Officers of the West Central Professional Development Center. The duties of the officers shall be:
1. Chair
i. Shall preside at all meetings of the Regional Stakeholders Council, The Executive Board, and the Executive Officers.
ii. Shall call a meeting of the officers within thirty (30) days after each election, and shall call other meetings which are deemed necessary for the carrying out of the policies and business of the West Central Regional Professional Development Center.
iii. Shall appoint the special committees necessary to carry on the business of the West Central Regional Professional Development Center.
iv. Shall work with any employee or consultant employed by the West Central Regional Professional Development Center.
v. Shall represent (or appoint a designee) the West Central Regional Professional Development Center as the liaison to the Ohio Department of Education, and may attend required meetings on behalf of the West Central Regional Professional Development Center.
2. Chair-Elect
i. Shall preside in the absence of the Chair.
ii. Shall assist the Chair in the fulfillment of the needs of the West Central Regional Professional Development Center.
iii. Shall serve as Chair the subsequent year.
iv. Shall succeed to the office of Chair should that office be vacated.
E. RESOLUTIONS OF THE EXECUTIVE BOARD
1. Quorum
A majority of all the Executive Board members, including any vacant positions, shall constitute a quorum to transact business. A simple majority of any duly convened quorum shall be sufficient to take any action, which is within the authority of the Executive Board
2. Voting
Each member, including the Chair and Chair-Elect, shall have one vote. All legislative action of the Executive Board shall be by resolution entered on its records. The affirmative vote of a majority of all members present and voting shall be required for the enactment of every resolution. All resolutions shall be effective immediately upon enactment, subject to any authorizations or certifications required by the Revised Code to be made by the Fiscal Agent or Members.
SECTION 4. COMMITTEES
1. Standing Committees and Ad Hoc Committees
Standing Committees (e.g. ODE Directives, Sub-region Initiatives, AE/AW Initiatives) will be convened to plan ongoing programs and state directives. Standing committees will be posted annually and be filled based on interest and representation of the eight counties. Standing committees shall be established on an annual basis, no later than the August meeting of the Executive Board. The charge of the Standing committees will reflect data from local CIPs and directives from the ODE.
A. Composition of Standing Committees
1. Each Standing Committee shall be composed of equitable representation from the stakeholders.
2. Educational agencies personnel shall be appointed by counties in the normal and customary manner of each county selecting representation to joint consortiums.
B. Length of Term
a. Membership on a Standing Committee shall be for one year, with no term limits.
Reappointment shall be made on an annual basis.
C. Meetings
a. Standing committees shall meet monthly, or at the discretion of the chair of the Standing Committee. Minutes of all standing committee meetings, including attendance or absences of voting members, shall be compiled and kept on file at the WC-RPDC offices.
D. Election of Chair
a. Members of the standing committees shall elect a chair by simple majority. The Director shall serve as ex-officio co-chair of each Standing Committee.
b. Duties of chair include presiding over the meetings, and reporting directly to the Executive Board.
E. Quorum and voting
A majority of Standing Committee members shall constitute a quorum. A simple majority of any duly convened quorum shall be sufficient to make a recommendation to the Executive Board.
Ad Hoc Committees will be convened to plan and/or carry out one-time activities (e.g. Annual Meeting, Policies/Procedures, Bylaws Review, Grant Initiatives, etc.).
A. Composition of Ad Hoc Committees
1. Ad Hoc Committee shall be composed of equitable representation from the stakeholders.
2. Local educational agencies personnel shall be appointed by counties in the normal and customary manner of each county selecting representation to joint consortiums.
B. Length of Term
a. Membership on a Committee shall be for one year, with no term limits.
reappointments shall be made on an annual basis.
C. Meetings
a. Ad Hoc committees shall meet as needed to complete the task, or at the discretion of the chair of the Ad Hoc Committee. Minutes of all Ad Hoc committee meetings, including attendance or absences of voting members, shall be compiled and kept on file at the WC-RPDC offices.
D. Election of Chair
a. Members of the Ad Hoc committees shall elect a chair by simple majority. The Director shall serve as ex-officio co-chair of each Ad Hoc Committee.
b. Duties of chair include presiding over the meetings, and reporting directly to the Executive Board.
E. Quorum and voting
A majority of Ad Hoc Committee members shall constitute a quorum. A simple majority of any duly convened quorum shall be sufficient to make a recommendation to the Executive Board.
SECTION 5. FISCAL AGENT
A. WEST CENTRAL REGIONAL PROFESSIONAL DEVELOPMENT CENTER FUND
The Treasurer of the Fiscal Agent shall maintain the West Central Regional Professional Development Center Fund separate and apart from all other funds of the Fiscal Agent. The West Central Regional Professional Development Center Fund shall be subject to the applicable laws of this state concerning the investment and management of public funds of the Members, particularly Revised Code Chapter 135, and shall be the responsibility of the Fiscal Agent. The Fiscal Agent shall deposit in the West Central Regional Professional Development Center Fund any contributions received from the Members for payment of West Central Regional Professional Development Center costs, and shall keep a record of each Member's contribution to the West Central Regional Professional Development Center Fund. Interest earned on monies in the West Central Regional Professional Development Center Fund shall be credited to the West Central Regional Professional Development Center Fund. Disbursements may be made from the West Central Regional Professional Development Center Fund by the Fiscal Agent at the direction of the Executive Board for any proper purpose of the West Central Regional Professional Development Center including, but not limited to, payment of fees for professional and contracted services, and for programs and operating expenses.
B. MAINTENANCE OF RECORDS
The Fiscal Agent shall maintain records that separately identify by Member any contributions from the respective Members for West Central Regional Professional Development Center costs. This Fiscal Agent shall maintain or cause to be maintained records that account for all disbursements or transfers from the West Central Regional Professional Development Center Fund made on behalf of each Member.
C. REPORTS
The Treasurer of the Fiscal Agent shall prepare and submit an annual report at the April Stakeholder Council Meeting and prepare such financial reports as may be deemed advisable by the Membership of the Executive Board.
D. CONTRACTS
The Treasurer of the Fiscal Agent shall honor all contracts entered into by the West Central Regional Professional Development Center Executive Board.
E. COMPETITIVE BIDDING
The Treasurer of the Fiscal Agent shall carry out all procedures related to competitive bidding which is conducted on behalf of West Central Regional Professional Development Center Members.
F. FIDELITY BOND
The Treasurer of the Fiscal Agent shall obtain and keep in force a fidelity bond, in an amount and with a surety company determined and approved by the Executive Board; the amount thereof shall not be reduced without prior consent of the Executive Board pursuant to a duly authorized resolution.
G. MANAGEMENT FEE
As consideration for its services, the Fiscal Agent may receive a management fee from the West Central Regional Professional Development Center in an amount approved by the Executive Board. Any such fee shall be included in the West Central Regional Professional Development Center costs.
H. CHANGE OF FISCAL AGENT
In the event that a majority of the Executive Board requests that the Fiscal Agent be changed, or in the event that the Fiscal Agent requests to be relieved of its duties, a new Fiscal Agent shall be designated by a majority of the Executive Board. The Executive Board shall notify the Fiscal Agent before the annual meeting in April if the Fiscal Agent services are to be offered for bid for the next fiscal year.
SECTION 6. EMPLOYEES AND CONSULTANTS
The Executive Board may employ such staff, and contract for the services of such consultants or experts, as deemed necessary for the work of the Executive Board, provided that any amounts to be paid under any contracts of employment or contracts for services are within the West Central Regional Professional Development Center budget approved by the Executive Board in accordance with the West Central RPDC Policies and Procedures. The Executive Board shall establish the salaries, benefits, and work and disciplinary rules for any staff employed by the West Central Regional Professional Development Center, and shall direct the hiring, evaluation and discharge of that staff. The Executive Board may employ a Director to supervise any West Central Regional Professional Development Center staff, or may designate the Chair to be responsible for the supervision of any West Central Regional Professional Development Center staff. The salaries and benefits paid to the West Central Regional Professional Development Center's staff and any amounts paid under contract to consultants or experts shall be West Central Regional Professional Development Center costs, and shall be payable sole from monies on deposit in the West Central Regional Professional Development Center Fund.
SECTION 7. EQUIPMENT AND FACILITIES
The West Central Regional Professional Development Center, through the Executive Board, may purchase, lease, lease-purchase or otherwise provide for such supplies, materials, equipment, and facilities as it deems necessary and appropriate to carry out the work of the West Central Regional Professional Development Center; provided that any amounts to be paid under contract or leases for such supplies, materials, equipment, or facilities are within the West Central Regional Professional Development Center budget approved by the Executive Board in accordance with the Agreement and these By-Laws. The West Central Regional Professional Development Center shall comply with the applicable laws of the state governing its Members with respect to the procedures for bidding and letting of contracts for the acquisition, repair, or improvement of its facilities, equipment, and supplies. The Treasurer of the Fiscal Agent shall honor all contracts or leases for supplies, materials, equipment, or facilities entered into by the West Central Regional Development Center Executive Board.
Equipment purchased with Ohio Department of Education funds to the Regional Professional Development shall remain the property of the Regional Professional Development Center in the event that the fiscal agent or site changes. In the event the Regional Professional Development Center is dissolved, equipment purchased with Ohio Department of Education funds will be transferred to another Regional Professional Development Center or will revert to the Ohio Department of Education, as determined by the Ohio Department of Education.
SECTION 8. AMENDMENTS
These By-Laws may be amended, modified, or supplemented in any respect not prohibited by law under the following procedures. The amendment, modification, or supplement shall be (i) approved by the Executive Board and submitted by it to the governing boards of the Members (see Agreement Establishing the West Central RPDC for list of Members) and (ii) approved by the governing boards of at least two-thirds of the Members, pursuant to duly adopted resolutions. Any amendment, modification, or supplement shall thereupon become binding upon all Members. The governing board of each Member approving the amendment, modification, or supplement shall provide to the Fiscal Agent a certified copy of that resolution within thirty (30) days following its adoption.
ADDENDUM
12-14-01
Recommendations from the
REVISED
1. In order to receive input from the Ohio Department of Education for appointment of the director, a representative will be asked to serve as a non-voting member on the Search Committee
2. At the time of the evaluation of the director, the Ohio Department of Education will be asked to provide input concerning the service relationship with the director in the form of a survey.
3. Co-Directors are to use their own judgment within the limitations of the budget appropriation for spending without direct Board approval. (This includes professional development as well as ongoing supplies.)
4. The food allotment for professional development meetings will be $10.00 per full day per person.
5. Complimentary gifts to presenters are not funded by the WC-RPDC. Complimentary gifts to teacher participants must align with the goals of the program.
6. For purposes of employee overnight travel:
a. Room should not exceed $99.00 per employee.
b. $25.00 per day per person meal allotments.
c. Receipts are required for all meal expenditures.
d. Gratuities and alcoholic beverages may not be included for reimbursement.
7. Only the Governing Board may hire additional personnel.
8. Mileage will be reimbursed at a rate set by the fiscal agent for the employees of that entity. Reimbursement for mileage will be made to:
a. Employees of WC-RPDC in carrying out official duties away from the office
b. Board members when serving in that official capacity as defined in the bylaws Section 3 (Executive Board)
9. Programs may be offered to any WC-RPDC stakeholder who directly impacts student learning.
10. All program proposals must align and support the mission and goals of WC-RPDC
It is the intent of the board that the policies and procedures be reviewed once yearly by an ad hoc committee of Executive Board members. If special situations arise, the board may request the Policy and Procedures committee meet to discuss and make a recommendation to the board.
The Policy
It is the policy of the West Central Regional Professional Development Center (WC-RPDC) to maintain a learning and working environment that is free from sexual harassment. No employee or any other person shall be subjected to sexual harassment. This policy applies to conduct relating to employment with the WC-RPDC and to conduct relating to any service recipient. It shall be a violation of this policy for any member of the WC-RPDC community to harass another member of the WC-RPDC community or the service recipient community through conduct or communications of a sexual nature, as defined below.
Definition
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
1. submission to such conduct is an explicit or implicit term or condition of an individual’s employment or participation in a WC-RPDC or service-recipient related activity;
2. submission to or rejection of such conduct by an individual is used as the basis for employment or service-recipient related decisions affecting the individual; or
3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.
Sexual harassment may include, but is not limited to, the following:
· Verbal harassment or abuse of a sexual nature
· Pressure for sexual activity
· Remarks with sexual or demeaning implications
· Unwelcome touching
· Sexual jokes
· Sexual materials, posters, etc.
· Sexually suggestive gestures or looks
· Name-calling of a sexual nature
· Sexual rumors
· Sexual assault
The
following procedure must be used by any employee wishing to file a complaint
concerning sexual harassment:
1. In order for the Governing Board to effectively enforce this policy and to take prompt, corrective measures, it is essential that any and all incidents of sexual harassment be reported. Any person who alleges sexual harassment must promptly report the alleged harassment to his or her supervisor.
2. If this person is the alleged harasser, a complaint should be brought to the Director (or if this person is the alleged harasser, to the chairman of the Governing Board).
3. The Director’s decision may be appealed to the Governing Board within thirty (30) days of notification of the Director’s decision. The Board shall investigate the grievance and render a decision to the aggrieved within thirty (30) calendar days of the appeal.
4. If, after appropriate investigation, the Governing Board finds that any employee has violated this policy, prompt corrective action will be taken, up to and including termination of a staff member. Corrective action of employees will be taken in accordance with the applicable Governing Board policy and/or federal or state law.
The West Central Regional Professional Development Center (WC-RPDC) offers educational and employment opportunities without regard to race, color, national origin, sex, disability, religion, or age.
The following procedure must be used by any employee wishing to file a complaint of discrimination on the basis of race, color, national origin, sex, disability, religion, or age.
1. File a Discrimination Grievance Form with the Director. The Director, and Title IX, Section 504, or ADA Coordinator (as appropriate), shall investigate the matter and report findings and decisions to the aggrieved party within thirty (30) calendar days of receipt of the complaint.
2. The Director’s decision may be appealed to the Governing Board within thirty (30) days of notification of the Director’s decision. The Board shall investigate the grievance and render a decision to the aggrieved within thirty (30) calendar days of the appeal.
3. Title IX, Section 504, and ADA Coordinator for the WC-RPDC is:
WC-RPDC Director
7746 County Road 140
Findlay, OH 45840
(419) 424-7499
Reporting
any sexual harassment or civil rights violation will not reflect upon the
individual’s status nor will it affect future employment or work
assignments. To the greatest
extent possible, such complaints will be treated in a confidential manner. Limited disclosure may be necessary in
order to complete a thorough investigation.
Step I. Original
request – by requisition on form provided by the WC-RPDC Board and signed by
originator.
II.
Original requisition is filed
with the purchasing agent (WC-RPDC Director) with all required information
needed for ordering. Incomplete
forms cannot be processed.
III.
Requisition, if approved
by purchasing agent, is signed by the purchasing agent and forwarded to the
fiscal agent for approval. If
approved, it is then forwarded to the treasurer of fiscal agent
IV.
The treasurer of fiscal
agent shall prepare a purchase order providing funds are available in the
appropriate account as adopted by the Board. Should funds be insufficient in the appropriate account, the
WC-RPDC purchasing agent is notified, who in turn shall notify the person(s)
making the original requisition, and no purchase order shall be issued.
V.
Providing purchase order
is issued, it must be signed by the treasurer of fiscal agent certifying that
funds are available and by the fiscal agent superintendent.
VI.
Purchase order is issued
to vendor. Copies of such order
are given by the treasurer of fiscal agent to the WC-RPDC purchasing agent for
him/herself and the originator of the request by requisition.
VII.
Upon arrival of
merchandise, the originator of requisition will examine all merchandise as to
quantity, damage and appropriateness, then certify by sending a copy of the
purchase order, signed by originator and approval to process payment to the
WC-RPDC purchasing agent, who in turn will submit invoice along with any other
pertinent materials (shipping bill, packing slip, etc.) to the treasurer of
fiscal agent for timely payment to the vendor.
VIII.
Upon payment, the
WC-RPDC purchasing agent shall issue an inventory tag for all furniture and
equipment, which shall be attached to the property and recorded in the
inventory of all WC-RPDC Board property.
Disposal of WC-RPDC Board property, so listed on the inventory, may be
deleted only by WC-RPDC Board action.