90- 668 C.M.R. ch. 1, § 1

Current through 2024-50, December 11, 2024

Section 668-1-1 - ORGANIZATION

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 Section2405(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 Section2405(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, 5^th 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

90- 668 C.M.R. ch. 1, § 1