Resolution No. 2015- _____(B)
Title: AMENDING RESOLUTION 2006-247(B) REGARDING THE GOVERNANCE OF THE BOND ACCOUNTABILITY COMMISSION WHEREAS, the voters of the Cleveland Municipal School District passed a $335,000,000.00 school facilities bond issue and a tax levy of 0.5 mills for the maintenance of school facilities on May 8, 2001 (Issue 14); and WHEREAS, prior to passage of the 2001 Issue 14 bond issue and tax levy, the Board of Education of the Cleveland Municipal School District (the “Board”) created a Bond Accountability Commission; and WHEREAS, on May 9, 2006, the Board adopted Resolution No. 2006-247(B) reconstituting the Bond Accountability Commission; and WHEREAS, the voters of the Cleveland Municipal School District passed a $200,000,000.00 school facilities bond issue and a tax levy of 0.5 mills for the maintenance of school facilities on November 4, 2014 (Issue 4); now, therefore be it RESOLVED, the Bond Accountability Commission shall continue to be comprised of not more than fifteen members, including representatives of the community, appointed by the Board of Education Chair in consultation with the Mayor; and, be it further RESOLVED, the responsibilities of the Bond Accountability Commission shall continue to be providing monitoring and oversight of School Districts’ implementation of its master facilities plan, communicating its findings to the Board and the community, and regularly reporting to the Board on its activities, and shall include the following specific responsibilities: a. Monitoring the implementation of and revisions to the School District’s master facilities plan; b. Working in conjunction with the State of Ohio, the construction manager and owner’s representative to review the design, engineering, contract bidding procurement and construction of the School District’s construction projects, with this review including, but not limited to, a review of the manner in which contracts are awarded, and any other areas subsequently identified by the Board of Education Chair; c. Holding quarterly public meetings, at times and places convenient to the public, to review the master facilities plan and spending of bond funds;
d. Issue an “annual report” with respect to the facilities assessment, construction, renovation and repair projects and the School District’s spending of bond proceeds to the Board and the community; and e. Communicate directly with the Board of Education Chair, as necessary, concerning its work and its findings; and f. Work closely with the School District to ensure compliance with Board Resolutions and policies concerning bidding procedures, hiring goals for minorities, women and School District residents, apprenticeship opportunities for School District students, and on contracting personnel; and RESOLVED, that beginning in April 2015, the terms of office of the members of the Bond Accountability Commission, appointed by the Board of Education Chair in consultation with the Mayor, shall be for one year for one half of the appointed members (or if the total number of members is an odd number, just over one half), and for two years for the other half of the appointed members (or if the total number of members is an odd number, just under one half), as designated by the Board of Education Chair; and, be it further RESOLVED, that beginning with appointments made in April 2016 all of the terms of the members of the Bond Accountability Commission shall be two year, and the Board Chair in consultation with the Mayor, shall have the authority to fill any mid-term vacancy on the Bond Accountability Commission by appointing a new member to serve the balance of an unexpired term; and, be it further RESOLVED, that the Board of Education Chair, with the concurrence of the Mayor, and a with a concurring vote of two-thirds of the members of the Board of Education, may remove any member of the Bond Accountability Commission for cause; and, be it further RESOLVED, the Bond Accountability Commission, which was originally established to remain in place so long as proceeds from the 2001 Issue 14 bond issue are used, will now remain in place until the proceeds from the 2014 Issue 4 bond issue are expended; and, be it further RESOLVED, that the provisions of this Resolution supersede any inconsistent or contrary terms contained in any prior Resolutions of the Board of Education, and prior memorandum of understanding with the Bond Accountability Commission, or any code of regulation or bylaws of the Bond Accountability Commission; and, be it further RESOLVED, that the Board of Education authorizes and directs the Chief Executive Officer and/or designee(s) to take appropriate action necessary to implement this Resolution.
CLEVELAND MUNICIPAL SCHOOL DISTRICT BOARD OF EDUCATION
By:
___________________________ Eric S. Gordon Chief Executive Officer
____________________________ Denise W. Link Board of Education Chair
___________________________ John W. Scanlan Chief Financial & Administrative Officer
_____________________________ Date