CHAPTER XIV  DEPARTMENT OF EDUCATION

 

Section  1. Committee to Constitute.

 

The school committee shall constitute the department of education.

 

Section 2. Membership  of Committee; Terms.

 

The school committee shall consist of five (5) members who shall be elected from the city at large at the regular city election;  provided that the first election on or after December 31, 2017 may be held via a special election on any date determined by the City Council via Ordinance.  Each member of the committee shall serve for a term of two (2) years and until his successor is elected and qualified.  The terms of any existing appointed school committee members shall end on the date concurrent with the date in which the newly elected school committee members are sworn into office following the first election.

 

Section 3. Qualifications;  Restrictions on Committee.

 

Members of the school committee shall have the same qualifications and shall be subject to the same restrictions as are provided by this charter for members of the city council.

 

Section 4. Filling of Vacancies in Committee.

 

a)  If a vacancy occurs in the office of school committee more than two hundred forty (240) days before the time of holding the next succeeding  regular city election, the canvassing  authority shall forthwith call a special election for the purpose of filling such vacancy for the remainder of the term.

 

b)  If any such vacancy occurs two hundred forty (240) days, or less,  before the time of holding the next succeeding regular city election, the school committee may in its discretion direct the canvassing authority to call a special election for said purpose, to be held in the same manner as indicated  below.

 

b)  Such special election shall be held within seventy-five (75) days of the date of the occurrence  of such vacancy and the procedure to be followed for the holding of such special election shall be the same as that designated  in Chapter XV of this charter, in regard to nominating petitions, primary election and election:

 

Section 5. Chairperson; Rules; Meetings to be Open.

 

The school committee shall elect one of its members as chairperson and one of its members as vice chairperson and shall adopt its own rules and orders of business.  In the event of a vacancy in the office of chairperson, the vice chairperson shall assume the office of chairperson  until a new chairperson  is chosen by the committee.  All meetings of the committee shall be open to the public except as provided by state law.

 

Section 6. Superintendent of Schools

 

The school committee shall appoint a superintendent of schools as its chief administrative agent to serve an indefinite term subject to employment terms and conditions as determined by a majority of the school committee.

 

Section 7. Powers and Duties.

 

The powers and the duties of the school committee shall be as imposed on school committees by state law and the Home Rule Charter.

 

Section 8.  Budget

 

Annually at the time and in the manner provided in Chapter VII, Article 1, Section 5 (b) the school committee shall submit to the Mayor and City Council an itemized estimate of anticipated revenue and the proposed expenditures necessary to meet the financial needs of the school department for the ensuing fiscal year.

 

Section 9.  Purchasing and Contractual Responsibility.

 

The school committee shall have sole jurisdiction, supervision, and control of all purchasing with respect to school supplies and equipment and all other materials required for school or educational purposes, and shall also have the power and authority to contract for the construction and reconstruction of school buildings within the amounts provided in the capital budget for the construction of reconstruction. As to all purchasing, with respect to school supplies and equipment and all other materials required for school or educational purposes, the school committee shall have the authority and shall be required to purchase or contract for the same, to be responsible for the inspection of deliveries of said purchasing, and to determine their quality, quantity, and conformance with specifications.

 

The pre-audit of expenditures under the authority of the school committee by the director of finance shall be purely ministerial, concerned only with the legality of the expenditures and availability of the funds, and in no way shall the director of finance interpose his judgment regarding the wisdom or expediency of any item or items of expenditure.

 

Section 10. Control of Property

 

The school committee shall have charge of the control and management of all property of the city used for school purposes and in connection therewith, may employ such clerical and custodial employees as it deems necessary, and pay such employees such compensation as it sees fit, subject only to the provisions that such employment and such compensation shall be within the amounts provided in the budget.