90-668 C.M.R. ch. 1
SUMMARY: This rule describes the organization and operation of the Maine Charter School Commission.
1. Commission. The Maine Charter School Commission consists of seven (7) members who are appointed by the State Board of Education for 3-year terms. Three (3) members must be members of the State Board of Education; the other four (4) members must be nominated by the three (3) State Board members and approved by a majority vote of the State Board of Education. Members must satisfy the experience requirements, and the State Board must satisfy the appointment process, set forth in 20-A MRSA Section 2405(8). Any employee, trustee, agent, or representative or the Commission may not simultaneously serve as an employee, trustee, agent, representative, vendor or contractor of a public charter school authorized by the Commission
Members may not serve more than three (3) consecutive terms, but may serve again after not serving on the Commission for at least one term. A Commission member who is a member of the State Board of Education serves on the Commission only during that person’s membership on the State Board of Education; upon expiration of that person’s State Board membership, the position on the Commission becomes vacant and must be filled in the manner provided for filling vacancies.
A vacancy on the Commission must be filled in the same manner as the same position was filled, and must meet any applicable requirements of the appointment process set forth in 20-A MRSA Section 2405(8). A vacancy is filled for the remainder of the unexpired term. If a member serves more than one and one-half (1.5) of an unexpired term, that service counts as one term for purposes of the term limitations described above. A member who vacates by means of resignation must provide written notice to the Commission within thirty (30) days of the effective date of the resignation.
A member of the Commission may be removed, by a majority vote of the State Board of Education, for failure to perform the duties of office. The Commission may recommend to the State Board of Education the removal of a Commission member for failure to attend three (3) consecutive Commission meetings either in person or by telephone or electronic means, unless the absences are excused by the Commission. Attendance by telephone or by electronic means counts as attendance only for purposes of this section. In addition, public behavior by a Commission member that diminishes the integrity of the Commission may warrant a recommendation of removal to the State Board of Education. Recommendations of removal require a majority vote of the Commission members.
2. Officers. The Commission shall elect a chair and such other officers as may be necessary to conduct its business. Officers must include a Chair and a Vice-Chair. The Commission may create additional officer positions by majority vote. Officers must be elected by a majority vote of the Commission members annually at the first meeting in July.
The Chair shall: preside over all Commission meetings; prepare, in consultation with the members, the agenda for each meeting; sign all Commission correspondence, reports and other communications; and shall be generally responsible for coordinating and directing the work of the Commission, in collaboration with the other Commission members, including the oversight of an Executive Director of the Commission or the administration of an agreement for the services of an Executive Director, should the Commission secure such services.
The Vice-Chair, in the absence of the Chair, shall have all the powers and duties of the Chair, and may assume other responsibilities at the direction of the Chair. In addition, if no Secretary is elected, the Vice-Chair shall ensure that proper notice of Commission meetings is provided, and that meetings are accurately recorded and meeting minutes are made available to the Commission for review, approval and public posting. The Vice-Chair shall also serve as facilitator of Commission meetings.
Each officer's term is one (1) year. Officers may not serve more than two (2) terms, but may serve again after not serving in that office for at least one (1) term. Upon expiration of an officer's term, the position becomes vacant and must be filled in the manner provided for election of officers.
A vacancy in an officer's position must be filled in the same manner as the same position was filled, and it is filled for the remainder of the unexpired term. If an officer serves more than one half of an unexpired term, that service counts as one (1) term for purposes of the term limitations described above. An officer who vacates by means of resignation must provide written notice to the Commission within thirty (30) days of the effective date of the resignation.
3. Commission Work Groups. The Commission may establish work groups for the purpose of conducting the work of the Commission. All work performed by the work groups is subject to the review and approval of the Commission. A work product of a work group must be adopted by the Commission pursuant to a vote at a Commission meeting in order to be considered the work of the Commission.
4. Representing the Commission. The chairperson is authorized to represent and speak on behalf of the Commission. The Commission chair may also authorize other Commission members to represent and speak on behalf of the Commission. When a Commission member is authorized to speak on behalf of the Commission, the member must clearly state that the communication being provided is representative of the Commission.
5. Office and Staff. The Commission shall, in keeping with its authorizing responsibilities, engage experts, professional and administrative staff separate from the Department of Education.
The Executive Director supervises the staff and is responsible for all day-to-day operations and to implement the goals and objectives of the Commission. In the interim between Commission meetings, the Executive Director reports to the Chair.
The Commission's office is located at the Burton Cross State Office Building, 5th Floor, 111 Sewell Street, Augusta, Maine, where any filing or written submission may be made by hand delivery between the hours of 8 AM and 5 PM on any day when State government offices are open. The address for all correspondence by mail is 182 State
House Station, Augusta, Maine 04333-0182. Filings by telephone facsimile to 207-287-2109 or by electronic mail to mcsc@maine.gov may be transmitted at any time if otherwise permitted by statute, rule or application requirements.
All records of the Commission are maintained in these offices, where they are available for inspection or copying, except as particular records are made confidential by law. The cost of copying is set by the Executive Director, subject to reasonable limitations and approval of the Commission
1. Frequency. The Commission shall hold regularly scheduled meetings. Special meetings of the Commission may be called by the Chair or by a majority of the Commission members. Commission members must be given at least twenty-four (24) hours written notice of the time, place and purpose of a special meeting; if such written notice is not possible, notice must be provided by telephone, telephone facsimile or email with confirmation of receipt required.
2. Public Notice. Notice of, and the agenda for, all regular meeting of the Commission shall be posted on the Commission's website (www.maine.gov/csc) at least seven (7) days before the meeting. Notice of any special meeting of the Commission shall be provided in the same manner as notice of regular meetings is provided to Commission members.
3. Public Participation. All meetings of the Commission are open to the public except that an executive session may be called, in accordance with 1 MRSA Section 405, by a public, recorded vote of 3/5 of the members of the Commission present and voting.
4. Agenda and Rules of Conduct. The Chair shall provide a written agenda for each regular meeting of the Commission. The agenda must set forth the items to be considered, including any scheduled upcoming appearances of Commission members, as well as the date, time and location of the meeting. The agenda must be mailed, or sent by either telephone facsimile or email to each Commission member at least seven (7) days before the meeting. The agenda is subject to amendment by Commission members at the opening of the Commission meeting. Commission meetings shall be governed by Robert's Rules of Order.
5. Quorum and Voting. Decisions made by the Commission must be made at a meeting at which a quorum is present. Four Commission members constitute a quorum. Commission members are entitled to one (1) vote on each issue or motion to come before the Commission at all regular and special meetings held. When it is impossible or impractical for a Commission member to travel to attend a Commission meeting in person, the Commission member may participate in the meeting by telephone; that member will not be counted in the quorum. Neither proxy nor absentee voting is permitted.
For the approval of an application to authorize a public charter school a roll call vote with five (5) affirmative votes or two-thirds (2/3) of the current Commission membership is required. The Chair will call the roll alphabetically and will vote last. The Vice Chair of the Commission will call the roll when the Commission Chair served as Chair of the application review committee.
No Commission member shall cast a vote on any matter that would provide direct
financial benefit to that member or the member’s spouse, family member, or business partner or otherwise give the appearance of a conflict of interest under State law.
6. Minutes. The Vice-Chair shall ensure that minutes of each meeting of the Commission are prepared and are provided to the Commission members for their review and approval as the official record of the meeting.
The staff will prepare minutes of each business meeting of the Commission. Minutes shall record all actions of the Commission. If votes are not unanimous, the names of those voting in the minority should be recorded. Approved minutes are to be posted on the State Charter School Commission web site.
The minutes will record any executive session of the Commission and its subject matter, but will not report the proceedings of the executive session. Likewise, the minutes will not be taken of any public hearing held by the Commission, since hearings are separately recorded.
1. Reports. The Commission shall submit such reports as are required under applicable State or federal law, or as requested by the Commissioner of the Department of Education, including an annual report to the Commissioner within sixty (60) days of the end of each school fiscal year in accordance with the requirements set forth in 20-A MRSA Section 2405(4).
2. Records. The Commission shall maintain, at its Augusta office, all records related to its work.
1. Funding. The Commission shall, in keeping with its authorizing responsibilities, seek and receive state, federal and private funds.
2. Reimbursement. A Commission member may not receive compensation, but may be reimbursed for travel expenses, in accordance with State policy.
STATUTORY AUTHORITY Title 20-A §2405 8.B.
EFFECTIVE DATE:
June 16, 2013 – filing 2013-129