HEAD START POLICY COUNCIL BYLAWS REVISIONS - FINAL 2023.PDF
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Maricopa County Early Education Division Revised Policy Council Bylaws Approved by Policy Council: Pending Maricopa County Board of Supervisors Approval: Pending Table of Contents Article 1. Name ................................................................................................... 1 Article 2. Purpose, Authority, Duties, and Functions ........................................... 1 Section 2.1 Purpose ......................................................................................................................1 Section 2.2 Authority, Duties, and Functions...........................................................................1 Section 2.3 Shared Governance ................................................................................................2 Article 3. Membership ........................................................................................ 3 Section 3.1 Composition of Members .........................................................................................3 Section 3.2 Conflicts of Interest...................................................................................................4 Section 3.3 Elections ....................................................................................................................5 Section 3.4 Alternates and Vacancies ..........................................................................................5 Section 3.5 Terms ........................................................................................................................6 Section 3.6 Attendance and Removal ..........................................................................................6 Section 3.7 Conduct .....................................................................................................................7 Article 4. Meetings .............................................................................................. 8 Section 4.1 Schedules ..................................................................................................................8 Section 4.2 Notices ......................................................................................................................8 Section 4.3 Quorum and Voting ..................................................................................................9 Section 4.4 Rules of Procedure ....................................................................................................9 Section 4.5 Reimbursements ........................................................................................................9 Article 5. Officers .............................................................................................. 10 Section 5.1 Executive Officers ..................................................................................................10 Section 5.2 Elections and Terms of Office ................................................................................11 Article 6. (This section was intentionally left blank) ………....……………………………… 12 Article 7. Impasse Procedures ........................................................................... 12 Article 8. Bylaw Amendments ........................................................................... 13 Revised Bylaws for the Maricopa County Early Education Division Head Start Policy Council Page | 1 ARTICLE 1 Name The name of this organization is the MARICOPA COUNTY HEAD START POLICY COUNCIL, herein after referred to as Policy Council or Council. ARTICLE 2 Purpose, Authority, Duties, and Functions Section 2.1: Purpose The purpose of the Policy Council shall be to promote the objectives of the Maricopa County Human Services Head Start Programs in Maricopa County, State of Arizona. Head Start programs must establish and maintain a formal structure for program governance that includes a governing body at the County level and a policy council at the Division level. The purpose of the Policy Council shall include, but not necessarily limited to: A. The encouragement and promotion of parental involvement and engagement in the process of making decisions about the nature and operations of the Head Start programs administered by the Human Services Department in Maricopa County. B. Initiating suggestions and ideas for program improvement C. Serving as a channel of communication among organizations and agencies by building a partnership, both private and public, with individuals and groups interested in the aims, goals, and objectives of the Maricopa County Head Start Programs. D. Assist enrolled children and their families in obtaining the full benefits of program services established to aid and improve educational, economic, and health status of the low-income population. Section 2.2: Authority, Duties, and Functions The duties and functions of the Policy Council is to provide program governance that includes program parents and other community representatives who are responsible for the direction of the Maricopa County Human Services Department Head Start and Early Head Start programs, as Page | 2 defined in Federal Regulation 45 CFR Chapter XIII Part 1301 Program Governance: 42 U.S.C. 9801 and the Improving Head Start for School Readiness Act of 2007, P.L. 110-134. The Policy Council approves decisions about the following activities: A. Activities to support the active involvement of parents in supporting program operation, including policies to ensure that the Head Start program is responsive to community and parent needs. B. Program recruitment, selection, and enrollment priorities C. Applications for funding and amendments to applications for funding prior to submission D. Budget planning for program expenditures, including policies for reimbursement and participation in Policy Council activities. E. Bylaws for the operations of the Policy Council F. Program personnel policies and decisions regarding the employment of program staff, including the termination of the Executive Director, Head Start Director, Director of Human Resources, Chief Fiscal Officer, and any other person in an equivalent position within the Human Services Department. G. Standards of conduct for program staff, contractors, and volunteer and criteria for the employment and dismissal of program staff. H. Developing procedures for how members of the Policy Council of the Head Start program will be elected. I. Establish written procedures for resolving internal disputes, including impasse procedures, between the governing board and policy council. J. Recommendations on the selection of delegate agencies and the service areas for such agencies, if applicable. The Head Start program ensures the sharing of accurate and regular information for use by the Policy Council, about program planning, policies, and program operations, including— A. Monthly financial statements, including credit card statements B. Monthly program information summaries and information reports C. Program enrollment reports, including attendance. D. Monthly reports of meals and snacks provided through programs of the Department of Agriculture E. Financial audits Page | 3 F. The annual self-assessment, including improvement plans related to assessment G. Community strategic planning and needs assessments H. Communication and guidance from the Secretary of Health and Human Services The Policy Council is responsible for the direction of the Head Start program including: A. Program Design and Operations B. Long-and short-term planning goals and objectives The Maricopa County Head Start Director is responsible for ensuring that all Policy Council members receive appropriate training and technical assistance or orientation to the Policy Council including training on performance standards, regulations, policies and procedures related to eligibility, so that members can effectively oversee and participate in the Head Start programs. Section 2.3: Shared Governance The Policy Council maintains a Memorandum of Understanding (MOU) with the Maricopa County Board of Supervisors that establish written procedures describing how the Maricopa County Board of Supervisors, the Maricopa County Head Start Policy Council, and Maricopa County staff work together to govern the program and engage in shared decision-making. This MOU is developed in accordance with Section 642 of the Head Start Act and Head Start Performance Standard 1301-Program Governance to establish and maintain a formal structure for program governance that includes a governing body; the Maricopa County Board of Supervisors, a policy council at the program level and parent committee at the community. Governing bodies have a legal and fiscal responsibility to administer and oversee the Head Start programs administered by the Human Services Department. The Policy Council is responsible for the direction of the program’s design and operations, including long-and short-term planning goals and objectives. ARTICLE 3 Membership Section 3.1: Composition of Members The Policy Council shall be composed of— A. Parents of children who are currently enrolled in the Head Start program of Maricopa County, who shall constitute a majority of the members of the Policy Council; and Page | 4 B. Members at large of the community served by the Maricopa County program, who may include parents of children formally enrolled in the Maricopa County Head Start program. These individuals are described as Community Representatives on the Policy Council. a. A maximum of five (5) Community Representatives (Members at Large) are nominated from the local community, such as businesses; public or private community, civic and professional organizations; or others who are familiar with resources and services for low-income children and families; or have a skill, talent or other asset that can benefit the Head Start Program. Community Representatives include: i. One (1) Board of Supervisors (BOS) representative, who is appointed by the BOS from among its members, or a representative from the community to serve on its behalf or a non-voting liaison to the board as a Designee to the Policy Council. If a non-voting liaison is selected in lieu of appointing a Board representative, this person would not count for or against meeting a quorum to conduct business and would not serve as a voting member on any committee. ii. Four (4) Community Partners or former parents, who are nominated by the Executive Committee, elected by the Parent Representatives of the Policy Council on behalf of the program parents, and in accordance with the Rules of Procedure. (See Section 4.4) Section 3.2: Conflicts of Interest Members of the Policy Council shall not have any conflict of interest with the Maricopa County Head Start program, such as: A. Receive any compensation for serving on the Policy Council for providing services to the Head Start program B. Be employed, or have members of their immediate families employed, by Maricopa County Human Services Department. Page | 5 C. Have a financial interest with Maricopa County Human Services Department by employment or employment of immediate family member, with any contractors, property owners, or suppliers of good and services used by the Department Section 3.3: Elections A. The Head Start program must establish a policy council as early in the program year as possible. Parents of children currently enrolled in each program option must be proportionately represented on the Council at a ratio of 1 parent for no less than 75 enrollment opportunities in each option: a. Head Start Center-based: One Ballot Per Region i. Mesa ii. Chandler/Gilbert iii. Scottsdale/Tempe/Guadalupe b. Early Head Start Center-based: One Ballot for all Regions B. Policy Council Parent Members are selected by a nomination and electronic ballot process for enrolled parents that occur annually in September. Ballots are organized by Region, or by program option, based on the total number of enrollments to ensure that all communities and all program options served by the Maricopa County Head Start programs are proportionality represented. Section 3.4 Alternates and Vacancies Each Parent representative holding membership in the Policy Council shall additionally be entitled to have one alternate. An alternate will be elected based on nomination and elections as a parent(s) who received the next highest number of votes, according to the program option and community that they represent. A. Alternates may be seated as voting members of the Policy Council only in the absence of the voting representative for whom they serve as alternate. B. In the event an Alternate does not cast a vote during the program year, Alternate will have not served as a Policy Council member and term is not counted. C. Alternates may be seated as voting members upon recognition of their voting status by the Policy Council Chair at any meeting. Page | 6 D. Alternates may not hold an office. E. Alternates are encouraged to attend meeting of the Policy Council on the same regular basis as members. F. Alternates are excluded from having attendance at a conference or training that is paid for by the Head Start program. If a Policy Council seat becomes vacant— A. A vacancy of a Parent Representative is filled in accordance by their Alternate and this individual serves the balance of the unexpired term. B. In the case that a Parent Representative vacancy occurs and there is not an alternate to fill the vacancy, a nominee from the most current election with the highest votes received in the appropriate program option and community will fill the vacancy. C. When a community representative vacancy occurs, the Policy Council attempts to fill the vacancy for the unexpired term provided the vacancy is other than the Board of Supervisors Designee. If the vacancy is with the Board of Supervisors Designee, the Board of Supervisors fills the vacancy for the unexpired term. D. Seats on the Policy Council that remain or become vacant after the February Policy Council meeting are not filled and are not considered in the determination of quorum. E. Interim members Section 3.5 Terms The term of service of each Policy Council member is one year, from September through September. All members’ terms end at the September meeting when the new members are seated. Policy Council members cannot serve more than five (5) one-year terms, regardless of the category of membership and whether such terms are served consecutively. Any member serving six (6) or more months on the Council will be considered to have served one full year. Section 3.6 Attendance and Removal A. All Council members are expected to attend monthly Policy Council meetings or participate by conference call. If a Community Representative is unable to attend a meeting s/he may send a representative of the agency to the Policy Council meeting as a voting alternate. Page | 7 B. All Policy Council members are expected to contact the Head Start Director, or their designee, and report their absence so that an Alternate can be notified in advance and attend in place of the member. C. A Policy Council member may be removed by majority vote of the Policy Council for consecutive absences or if a Policy Council member fails to follow appropriate conduct. (See Section 3.7) D. Any member may resign by verbal notification to the Head Start Director, or their designee. The resignation will be accepted at the Policy Council meeting occurring after notification. Section 3.7: Conduct All Policy Council members are expected to— A. Read the agenda and review materials prior to the meeting. B. Attend meetings regularly and arrive on time. C. Actively participate in the meetings. D. Respect the rights of other members to express their opinions. E. Consider all information and views before voting. F. Debate the issues and not persons. G. Accept and support any final decisions of the majority of the Policy Council. H. Keep the organizations and Parents they represent informed about actions proposed or taken by the Policy Council, and also regarding the Head Start programs operations. I. Report information, issues, or special concerns as requested by parents and/or community agencies Members of the Policy Council shall conduct themselves in a professional manner while at Policy Council meetings and while representing the Head Start program. Policy Council members may be removed by the Policy Council for inappropriate actions. Such actions include, but are not limited to, the following: A. Personal misconduct such as: use of vulgar language, lewd and/or illegal actions, abusive and confrontational behavior, and physical altercations B. Presenting false information or false accusations either verbally or in writing C. Violations of confidentiality D. Communication either verbally or in writing, on behalf of the Council to the media, funding sources, or other entities without Policy Council approval. Page | 8 Any complaint received by the Head Start Director or Policy Council Chair regarding inappropriate actions of a Policy Council Members will be investigated either by the Head Start Director or other Maricopa County Administrator and a recommended resolution provided to the Policy Council within 30 days of receipt of complaint. ARTICLE 4 Meetings Section 4.1 Schedules A. An annual schedule of meeting is determined by the Policy Council in October, at a day and time that allows for maximum participation of members. B. Special meetings may be called by the Chairperson upon request of 25% of the members and notification is provided to the Head Start Director or upon the request of the Head Start Director with approval of the Chairperson. Special meetings of the Policy Council are convened only to consider individual action items specified in the call of the meeting. C. The Policy Council approves the location of regularly scheduled meetings and any alternate location. Section 4.2 Meeting Notices A. Pursuant to A.R.S 38.431-02, Public notice of all Policy Council meetings and any of its committee and sub committees are posted in the lobby at 1001 W. Southern Ave, Suite 106, Mesa, AZ, Monday through Friday from 8:00 am to 5:00 pm, except on legal holidays. Notices are also posted at all Head Start Program sites Monday through Friday from 8:00 am to 5:00 pm, except on legal holidays and at the Maricopa County Human Services Department website. a. An annual notice includes the date, time, and place of the scheduled meetings and information concerning the manner in which the public may obtain an agenda for the meeting. b. Agenda for the meeting are posted 24 hours prior to the meeting and include information about major items on the agenda. c. Minutes of Policy Council meetings are posted within 72 hours after conclusion of the meeting. Page | 9 B. Agendas of regular meetings are emailed, mailed, or hand delivered to each member at least 24 hours prior to the meeting. Agenda for the meeting include information about major items on the agenda. C. Notice of any special Policy Council meetings are schedule so that a 24-hour notice can be given and participant can attend via conference call, in person, or televised. Section 4.3 Quorum and Voting A. The quorum for a meeting of the Policy Council is 51% of the seated membership which includes any alternates seated in behalf of an absent Policy Council member. B. Each representative has one (1) vote. C. Voting may be done via conference call/speaker phone. All Council members must have access to the conference call and be able to hear the vote(s). Voting by proxy is prohibited. D. If quorum is not established, discussion on agenda items may occur and informal decision can be made but cannot be acted upon until quorum is established and any informal decisions can be ratified by the quorum. Section 4.4 Rules of Procedure Arizona’s Open Meeting Law (ARS § 38-431 et seq.) is the statutory Parliamentary Authority for the Policy Council. Where the Law is silent, the rules contained in the current edition of Robert’s Rules of Order, Newly Revised shall be the Parliamentary Authority for all matters of procedure not specifically covered by these Bylaws or any special rules of order this organization may adopt. Section 4.5 Reimbursements Policy Council Parent Representatives or the designated alternate may receive reimbursement for reasonable expenses in fulfilling their Policy Council responsibilities. The Maricopa County Head Start program provides grant funds as reimbursement for: A. Child Care: If not provided by the program during meetings. Up to $5.00 per hour for the first child and $1.00 per hour for each additional child up to a maximum of $9.00 per hour. Parents will not be reimbursed for caring for their own children (including stepparents, divorced parents.) The maximum daily claim is eight hours. The amount of time reimbursed is the length of the time spent at the meeting or other required event plus travel time. The childcare Page | 10 provider’s name, address, and phone number must be submitted on the Head Start Parent Expense Form. B. Transportation: Reimbursement requests for private transportation expenses are rates based on the current Federal reimbursement rates. Requests for reimbursement for Public Transportation must have an attached timed and dated receipt and will not exceed $5.00 per event. Parent representatives who plan to submit an expense form for mileage are to provide documents that will be kept on file for verification of mileage claims. Parents are responsible for updating vehicle information as it become available with the Parent Expense Form. Required documents include: a. His/her Arizona Driver’s License b. Current and valid Arizona automobile registration for each vehicle on which mileage is claimed c. Current and valid Automobile liability insurance for each vehicle on which mileage is claimed C. Other Parent Travel: Policy Council Parent Representatives may be given the opportunity to attend local training or conferences that may benefit the program and strengthen governing and leadership skills, experience, and knowledge. The Maricopa County Head Start program will be responsible for registration fees, travel, meals and lodging accommodations when necessary. Upon return of travel, Parent representatives are responsible to: a. Turn in receipts for itemized lodging, ground and/or air travel b. Sign the Travel Authorization and Expense Report to verify attendance c. Submit Childcare expenses as outlined above d. Present summary of training or conference to the Policy Council ARTICLE 5 Officers Section 5.1: Executive Officers The officers of the Policy Council shall be the Chair, Vice Chair, and Secretary. These officers constitute the Policy Council Executive Committee. The duties of the Policy Council officers are prescribed in these Bylaws and include other duties that may be established by the Policy Council that is not in conflict with these Bylaws. Page | 11 A. The Chair of the Policy Council shall preside over all meeting of the Policy Council including: a. Prepare an agenda with the Head Start Director or designated staff for each meeting. b. Call the meeting to order and establish a quorum to conduct scheduled business. c. Sign all documents as required for Policy Council operations. Appoint committees with the concurrence of the Policy Council. d. Serve as a voting member of the Health Services Advisory Committee (HSAC). e. Conduct meetings in fairness, with courtesy, and under meeting rules. f. Work closely with the Council members and Head Start Zero-Five staff in carrying out the functions of the Council. g. Perform such other duties as the Policy Council may assign. B. The Vice Chair shall serve as Chair of the Policy Council in the absence of the Chair and shall have all delegated powers. The Vice Chair will assume the position of Chair if the seat of Chair is vacated, an election will be held for Vice Chair. C. The Secretary shall preside at meetings in the absence of the Chair and Vice-Chair and: a. Assist staff in the preparation of meeting minutes b. Conduct roll call of members at each meeting. Section 5.2: Elections and Terms of Office A. Election of the new officers shall take place at the Policy Council meeting following the seating of members for a new term. Elections occur after opening the floor for nominations and voting by ballot of Policy Council members. Alternates in attendance do not vote unless filling an absent member’s seat at that meeting. B. At least 51% of officers must be Parent Representatives C. No member shall hold more than one office at a time, and no member shall be eligible to serve more than two terms in the same office. Page | 12 ARTICLE 6 This section was intentionally left blank. ARTICLE 7 Impasse Procedures An internal dispute occurs when the Board of Supervisors and the Policy Council fail to agree on an item that each must approve or disapprove, or the Policy Council fails to approve an item recommended by the Head Start Director for approval and which requires Policy Council approval The Parties agree to make every good faith effort to resolve internal disputes amicably so as to avoid impasse. A. An impasse occurs when the Board of Supervisors and the Policy Council or the Policy Council and Head Start Director fail to resolve their internal disputes. In the event that the parties reach an impasse, the Parties agree that the impasse will be resolved by arbitration in accordance with the procedures established in this section. Arbitration commences on the date when either party provides written notice of intent to arbitrate to the other party. B. The arbitration shall take place in Phoenix, Arizona before an Arbitration Committee. The Arbitration Committee will be comprised of three (3) persons. Within 30 days of the commencement of the arbitration, the Policy Council Chairperson and the Director of Maricopa County Human Services Department each shall designate in writing an independent arbitrator. Independent arbitrator means someone not affiliated with Maricopa County’s Head Start Zero-Five Program. C. Within 15 business days of such designation, the two arbitrators designated by the Parties shall then select a third, neutral arbitrator who must be a resident of Maricopa County. In the event the two arbitrators are unable to select the third arbitrator within the time provided, the arbitrators shall be determined pursuant to A.R.S. § 12-1501. et. seq. The arbitration shall take place within 30 days of the selection of the third arbitrator. D. The arbitrators shall have the authority to arbitrate only internal disputes that have reached impasse as defined herein and the arbitrators will have no authority to award damages or costs of any kind. The arbitrators will have no authority to determine any other matter not specified herein. The arbitration shall be governed by the laws of the Page | 13 State of Arizona except as required under federal law and regulations regarding the Head Start programs. The arbitration shall remain confidential except as required by law. E. The Board of Supervisors, Policy Council, Head Start Director and Regional Office each will be notified in writing of the Arbitration Committee’s decision within five days after the decision is rendered. F. The Board of Supervisors will absorb the reasonable costs incurred in these arbitration procedures; however each party shall be responsible for their own attorney’s fees and costs. G. In the event the impasse is related to Head Start Program funding, the Region IX Office of Administration for Children and Families must be notified within 10 days of the impasse, and the impasse shall be resolved in accordance with Head Start Program Instruction 1996-16- Mediation. ARTICLE 8 Bylaws Amendments These Bylaws may be amended by a two-thirds (2/3) vote at any meeting of the Policy Council upon the condition that written notice of the proposed changes are given to the membership postmarked at least seven (7) days prior to any meeting at which an amendment of these Bylaws is to be considered. Any amendment must also be approved by the Maricopa County Board of Supervisors.