Section 1 — Name: The name of the organization shall be the Merced Black Parallel School Board.
Section 2 — Purpose:
The primary purpose of the Merced Black Parallel School Board (MBPSB) is for African-descended people to take the initiative with respect to the deep and broad-reaching deficiencies in the education of our children. Our mission is to serve Black children by closing the opportunity/receivement gap, providing representation, advocacy and leadership for, and promoting leadership and self-advocacy among African American parents and students. A great deal of our effort will be targeted through school districts because our children are primarily enrolled in schools run through or by school districts. Our principle emphasis is not the school districts themselves, but the education school districts provide for our children.
Section 3 – Scope:
The parallel school board will address public education for Black children throughout the Merced area. Its jurisdiction will include every school district in the region and every county board of education. Our intention, however, is to begin by developing our practice and honing our skills by an initial focus on the following school districts: Atwater Elementary School District, Merced Elementary School District, Merced Union High School District, Weaver Union School District.
Section 4 – Nature of Organization: The Merced Black Parallel School Board is an African-descended community based association. This association is organized and operated exclusively for the African descended community.
ARTICLE II — MEMBERSHIP
Section 1 — Membership: The Merced Black Parallel School Board itself will consist of African-descended persons who attend the parallel school board meetings.
ARTICLE III — BOARD
Section 1 — Meetings and notice: The board shall meet at least monthly, at an agreed upon time and place.
Section 2 — Modus Operandi: The Merced Black Parallel School Board will: (1) monitor school districts, beginning with the LCAP, on each of the indicators which the board identifies; (2) publish an annual report with respect to the district’s performance on each indicator; (3) present the report to the school board annually; and (4) make the report available to the public. (5) We will develop means, independent of the school districts, to help our children delight and flourish in their educational lives. In order to assess the overall efforts at educating Black children throughout the district, we will: (6) annually and systematically compare the results achieved by Black children we serve with those served solely by the district. We will conduct such comparisons selectively, at our discretion, including but not limited to the following patterns: by school sites, grade levels, subject matter, and by various district-wide performances. (7) On the basis of school performance, alternative performance, and comparison performance, we will establish and maintain an ongoing catalogue of best practices.
ARTICLE IV — EXECUTIVE COUNCIL
Section 1 — Council role and size: Members of the Merced Black Parallel School Board will select an executive council of 13 who will implement the decisions of the board, including monitoring learning environment indicators; liaison with school boards and districts; development and implementation of alternative initiatives; conducting comparisons; presentation, publication, and presentation of the annual report; development, maintenance, and dissemination of the catalogue of best practices.The Council receives no compensation other than reasonable expenses. Executive Council members are prohibited from receiving compensation (contracts or salaries) from Merced County public school institutions/agencies.
Section 2 — Terms: All council members shall serve two-year terms, but are eligible for re-election.
Section 3 — Meetings and notice: The council shall meet at least monthly, at an agreed upon time and place.
Section 4 — Officers and Duties: There shall be four officers of the board, consisting of a chair, vice-chair, secretary and treasurer from the executive council. Their duties are as follows:
The chair shall convene regularly scheduled board meetings, shall preside or arrange for other members of the Executive Council to preside at each board meeting. The chair will serve for one quarter and rotate among the executive council members.
The vice-chair shall preside or arrange meetings in the absence of the Chair. The vice-chair shall enforce Robert’s Rules of Order during Merced Black Parallel School Board and Executive Council meetings.
The secretary shall be responsible for keeping records of board actions, including overseeing the taking of minutes at all board meetings, sending out announcements of Special Meetings electronically to each Executive Council member, distributing copies of minutes and the agenda to each board member, and assuring that Board records are maintained. The secretary will serve for two years.
The treasurer shall make a report at each board meeting. The treasurer will serve for two years. The treasurer shall chair the finance committee, assist in the preparation of the budget, help develop fundraising plans, and make financial information available to board members and the public.
Section 5 — Executive Council elections: During the last quarter of the second year, the members of the board shall elect council members to replace those whose terms will expire. This election shall take place during a regular meeting of the board, called in accordance with the provisions of these bylaws.
Section 6 — Election procedures: New council members shall be elected by a majority of board members present at such a meeting. Council members so elected shall serve a term beginning on the first day of the next monthly meeting.
Section 7 — Quorum: A quorum is at least one board member present excluding executive council members.
Section 8 — Vacancies: When a vacancy on the executive council exists, the Chair person must receive nominations for new members from the present board members two weeks in advance of a board meeting. These nominations shall be voted upon at the next board meeting.
Section 9 — Resignation, termination, and absences: Resignation from the Council members must be in writing and received by the chair and vice chair. An executive council member shall be terminated from the Council due to five excessive absences.
Section 10 — Special meetings: Special meetings of the Council shall be called upon at the request of any member. Notices of special meetings shall be sent out by the secretary to each Council member.
ARTICLE V — COMMITTEES
Section 1 — Committee formation: The board or council may create committees as needed, such as fundraising, outreach, parent/development , data collection, etc. Committee decisions shall be approved by a majority vote of the Executive Council before enactment.
ARTICLE VI — FISCAL MATTERS
Section 1 — GENERAL The Merced Black Parallel School Board may use its funds only to accomplish the objectives and the purposes specified by the Bylaws. No part of its funds will benefit or be distributed to the members of Merced Black Parallel School Board.
Section 2 — EXECUTIVE AUTHORITY No member of the Merced Black Parallel School Board shall be authorized to make purchases in the name of the Merced Black Parallel School Board, nor shall members represent themselves as having such authority, except as provided by the Merced Black Parallel School Board rules governing such matters. No member (or Officer) of the Merced Black Parallel School Board shall be authorized to obligate the credit of the Merced Black Parallel School Board beyond its current free credit balance in the Merced Black Parallel School Board's bank account(s). Expenditures by any Officer in the name of the Merced Black Parallel School Board in excess of $100.00 must have prior approval of the Executive Council. All checks, drafts, or other orders for payment of money, notes or other evidence of indebtedness issued in the name of the Merced Black Parallel School Board in the excess of $100.00 shall be signed by two duly authorized officers, except that the Treasurer shall be permitted to pay for routine, regularly occurring expenses as approved by the Executive Council.
Section 3 —BOOKS AND RECORDS The Merced Black Parallel School Board shall keep correct and complete books and records of accounts and shall also keep minutes of the proceedings of its members, the Executive Council, and committees having any of the authority of the Executive Council. All books and records of the Merced Black Parallel School Board may be inspected by any member or his or her agent or attorney for any proper purpose at any reasonable time.
Section 4 — DEPOSITS All funds of the Merced Black Parallel School Board will be deposited from time to time to the credit of the Merced Black Parallel School Board in such banks, trust companies, or other depositories as the Executive Council may select.
Section 5 — MATERIAL PROPERTY Material property that may be obtained from time to time by the Merced Black Parallel School Board in its name, will be controlled by and be the responsibility of the Merced Black Parallel School Board Chair or other personnel so designated by the Executive Council. All such material property shall be used only for the benefit of the Merced Black Parallel School Board and shall not be used for the personal benefit or gain of the appointed caretaker or any third party.
Section 6 — GIFTS The Executive Council may accept on behalf of the Merced Black Parallel School Board any contribution, gift, bequest, or device for the general purposes or for any specific purpose of the Merced Black Parallel School Board.
Section 7 — DISSOLUTION In the event of the liquidation or dissolution of Merced Black Parallel School Board, whether voluntarily or involuntarily, no member will be entitled to any distribution or division of its remaining property nor its proceeds. The balance of all money and other property received by the Merced Black Parallel School Board from any source, after the payment of all debts and obligation of the Merced Black Parallel School Board, will be distributed in accordance with the applicable law and exclusively for purposes therein set forth with the intendment of Section 501(c) of the Internal Revenue Code 1954 and the regulations thereunder as the same now exist or as they be hereafter amended from time to time.
ARTICLE VII — AMENDMENTS
Section 1 — Amendments: These bylaws may be amended when necessary by two-thirds majority of the board members present and voting. Proposed amendments must be submitted to the secretary to be sent out with regular board announcements.
These bylaws were approved by a two-thirds majority vote.
Date Effective: July 15, 2018
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