Alabama Administrative Code Chapter 356-X-1 — Board Powers

356 Alabama School of Fine Arts

Ala. Admin. Code r. 356-X-1-.01 Board Powers

The Board of Directors shall be concerned primarily with Board questions of policy. A policy is a guide for discretionary action. It expresses the intent of the Board concerning the job it expects of those to whom it gives authority. Policy statements guide the Board in making decisions and indicate certain practices the administration will follow. The application of policies is an administrative task to be performed by the executive director and his staff, who shall be held responsible for the effective administration and supervision of the Alabama School of Fine Arts.

History

• Authority: H.J.R. 145, September 17 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.02 Board Duties

The Board of Directors, functioning within the framework of laws, court decisions, State School Board regulations, and similar mandates from the state and national levels of government, fulfills its mission as the governing body of the ASFA by acting in accordance with current bylaws as follows in the execution of its duties:

(a) Enacts policy upon the recommendation of the executive director. Such policies are guidelines adopted as a course of action under which the school operates.

(b) Establishes a desirable educational program by adopting courses of study.

(c) Assumes leadership in acquiring adequate funds for the operation and improvement of the ASFA.

(d) Employs and terminates, upon the recommendation of the executive director, all regular professional staff.

(e) Approves the budget and receives from the professional staff financial reports and audits.

(f) Provides for the planning, acquisition, expansion, improvement financing, construction, maintenance, use, and disposition of properties and assets.

(g) Requires the establishment and maintenance of records, accounts, archives, management methods, and procedures essential to the efficient conduct of school business.

(h) Aids in the dissemination of school related information necessary for a well-informed public.

(i) Conducts quarterly meetings.

(j) Holds in trust for the use of the ASFA all property acquired for school programs.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.03 Public Participation At Board Meetings

(1) The public is welcome at all Board meetings. The Board wishes to provide the opportunity for any citizen to express his or her interest in and concern for the schools.

(2) Individuals who wish to comment on a scheduled agenda item will be permitted to do so at the discretion of the president.

(3) Individuals or delegates desiring to appear before the Board after proper discussion with the executive director shall do so in accordance with policy established by the Board.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.04 Rules Of Order

The Board shall observe Robert's_Rules of Order, Newly Revised, except as otherwise provided by law or determined by the Board.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.05 Appointment Of Board Members

(1) Members of the Board of the Alabama School of Fine Arts are appointed by the Superintendent of Education, State Department of Education, based upon the recommendations of the nominating committee of the ASFA Board of Directors.

(2) The nominating procedure is as follows: ASFA Board appoints a nominating committee; the nominating committee submits a name for appointment to the ASFA Board of Directors for approval. Upon approval of the Board, that name is submitted to the Board of Education, State Department of Education, for advise and consent, and the appointment is formalized by the Superintendent of Education, State Board of Education. If, for any reason, the name submitted is not acceptable to the State Board of Education or the State Superintendent of Education, they request that the ASFA Board of Directors submit another candidate.

(3) Members are appointed for staggered terms of four years, ensuring that there is continuity of leadership. It is the policy of the ASFA Board and the State Board of Education that no person will serve more than two consecutive terms. This policy may be accepted by unanimous vote of the ASFA Board in such instances when the executive director recommends the exception with appropriate evidence of justification. With the interruption of one term, former members may be reappointed when vacancies occur. Members of the Board whose terms have expired may continue to serve pending their reappointment or replacement.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.06 Board Chairman

(1) The chairman of the Board is elected by the ASFA Board of Directors.

(2) The duties of the chairman shall be as follows:

(a) to preside at Board meetings.

(b) to perform all duties imposed by the statutes, and such other duties as may be prescribed by law or by action of the ASFA Board of Directors and the State Board of Education.

(c) to have the same right as other members to offer resolutions, make or second motions, discuss questions and vote thereon.

(d) to appoint ad hoc committees of the Board unless otherwise directed by the Board and together with the executive director, serve as ex officio members of all such committees.

(e) to represent the ASFA on all occasions and at such functions which require the presence of ASFA Board authority.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.07 Duties Of Individual Board Members

The duties and obligations of an individual Board member are as follows:

(a) To be familiar with state school laws, State Board of Education regulations, and policies, rules and regulations of the Alabama School of Fine Arts.

(b) To have a working knowledge of educational aims and objectives of the Alabama School of Fine Arts.

(c) To work harmoniously with other Board members.

(d) To vote and act in Board meetings for the good of the Alabama School of Fine Arts.

(e) After votes are taken, to accept the will of the majority vote in all cases and give support to the resulting Board policy in accordance with the best interests of the Alabama School of Fine Arts.

(f) To represent the Board and the Alabama School of Fine Arts to the public in a manner which promotes both interest and support.

(g) To refer complaints to the executive director.

(h) To refrain from individual efforts to influence school operations in such matters as employment, promotion and purchasing.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.08 Code Of Ethics For Alabama School Of Fine Arts Board Members

As a member of the Board of the Alabama School of Fine Arts, representing citizens of the State of Alabama, I recognize:

(a) The Superintendent of Education has entrusted me with the educational development of the children and youth of the Alabama School of Fine Arts;

(b) My greatest concern will be the best interest of each of the young people at ASFA without personal distinction;

(c) The future welfare of the State of Alabama and the nation depends upon the quality of education provided in public schools and the Alabama School of Fine Arts;

(d) That I must take the initiative to make all facts about the Alabama School of Fine Arts known to the citizens of the State of Alabama to the end that they will readily provide the finest school program possible along with the finest staff and facilities;

(e) That the legal authority of the Board is derived from the State of Alabama in accordance with the will of the people; and

(f) That I will remember my personal and legal obligation to my community and state and must not surrender these responsibilities to any other person, group or organization; and that, beyond these, I have a moral and civic obligation to the nation which can remain strong and free only so long as public schools in the United States of America are kept free and strong.

(g) In view of the foregoing consideration, it shall be my constant endeavor: To devote time, thought and study to the duties and responsibilities of the ASFA Board member so that I may render effective and creditable service.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.09 Board Secretary

(1) The secretary of the Board is appointed by the chairman.

(2) The secretary has the following duties:

(a) To keep a full and accurate record of the proceedings of the Board.

(b) To send out notices of the meetings.

(c) To maintain an accurate record of Board policies, bylaws and administrative regulations.

(i) the minutes of the Board shall be kept in an official minute book.

(ii) the minutes of the Board shall contain the motions and resolutions of the meetings.

(iii) supplementary materials shall be filed separately but maintained as part of the permanent record.

(iv) corrections to the minutes shall be made during the Board meetings.

(d) To sign permanent minutes upon approval by the Board.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.10 Committees Of The Board

(1) The Board of the Alabama School of Fine Arts shall establish and maintain standing committees on a continuing basis in the following areas: Finance, Personnel, Community Relations and Information, and Long-Range Planning and Foundation Liaison. Each committee will consist of at least one member of the Board who will serve a two-year term on the committee, renewable for no more than two consecutive terms. The executive director and Board chairman will serve as an ex officio member of each committee member. Committee appointments will be made by the chairman with the approval of the Board. A committee may add ex officio members to its membership from the staff and citizens as the need arises, subject to approval of the Board.

(2) Ad hoc committees may be created by the Board for special assignments and may include members of the Board and/or special citizen groups. When so created, such committees are appointed by the chairman with the approval of the Board and shall dissolve upon completion of assignment or upon a vote of the Board. The chairman and the executive director serve as ex officio members of all ad hoc committees.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.11 Policy Adoption

All policies, motions and resolutions shall be declared adopted with the concurrence of the majority of the whole Board.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.12 Policy Dissemination

(1) The executive director will establish and maintain an orderly plan for preserving and making accessible Board adopted policies together with administrative rules and regulations needed for their implementation.

(2) Accessibility is to extend to all employees of the Alabama School of Fine Arts and to all members of the community.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.13 Board Of Directors Legal Status

See Act 1203, H.J.R. 145, passed 1:00 P.M., September 17, 1971; Act 1193, H.J.R. 239, passed 4:30 P.M., September 18, 1973; and Act 82-380, H.J.R. 337 passed 4:00 P.M., April 26, 1982.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.14 Board-Executive Director Relations

(1) The adoption of policy is the most important function of the Board. The execution of the policies shall be the function of the executive director and his staff.

(2) Delegation of executive powers by the Board to the executive director provides freedom for the executive director to manage the Alabama School of Fine Arts within the Board's policies, and frees the Board for policy-making and appraisal functions.

(3) The Board holds the executive director responsible for carrying out Board policies and for keeping the Board informed on school operations.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.15 Board Member Development

The school board members are encouraged to participate in local, state, regional and national activities designed to improve their abilities to serve as effective officers of the ASFA Board.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.16 Minutes

A member of the Board is selected by the chairman to act as official secretary, responsible for the approval of the minutes of meetings. Typically, the minutes are prepared in the administrative offices of the ASFA, approved by the appointed secretary, and submitted for approval by the Board by mailing prior to, or reading at the subsequent meeting of the Board.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.17 Board Meetings

(1) Regular meetings of the Alabama School of Fine Arts Board shall be held quarterly.

(2) The time and location of the regular meeting will be announced at least 10 days prior to the date of the meeting.

(3) The chairman may call a special meeting on his or her own initiative, or at the request of any three members of the Board.

(4) All Board meetings will be open to the public except that executive sessions may be called in accordance with provisions of state law.

(5) Matters other than those related to personnel acted upon in executive session do not become official until confirmed in public session.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.18 Board Member Compensation And Expenses

(1) Members of the Alabama School of Fine Arts Board of Directors shall be paid travel and per diem for each regular meeting up to four meetings per year as authorized by law.

(2) Called meetings will be treated in the same manner as regular meetings.

(3) Board members shall be reimbursed for travel and other expenses incurred in the performance of their duties.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.

Ala. Admin. Code r. 356-X-1-.19 Notification Of Board Meetings

The chairman of the Board shall cause a written notice of each regular meeting of the ASFA Board of Directors to be delivered to each director and ex officio member, whether personally or by mail. In the case of a special meeting, the director or directors calling the meeting shall cause such notice to be delivered. Notice of any meeting shall be given at least ten (10) days prior to the date thereof. If mailed, such notice shall be delivered by mailing a copy of the notice to each Board Member and ex officio member at his last known residence, with postage thereon prepaid. Each notice shall specify the time and place of the meeting and, in the case of special meetings, an agenda of the business to be transacted.

(a) Notice of each regular meeting of the Board will be mailed to the members of the Board at least ten (10) days in advance of the meeting. The notice will include the time and location of the meeting.

(b) Notice of all special meetings shall be given to the members of the Board at least 48 hours prior to the time stated for the meeting to convene. Such notice shall indicate the purpose of said meeting, and items considered at such meetings shall be limited to those listed on the agenda. Meetings may be called on shorter notice with the concurrence of a majority of the Board.

(c) Notice of the time and location of the finance committee will be sent to its members at least one week prior to the time stated for the meeting to convene. Any items on the agenda for the finance committee will be provided for the committee at least one week prior to the meeting of that committee to consider that item.

History

• Authority: H.J.R. 145, September 17, 1971.
• Filed September 30, 1982.