ccms circular 2009/08 council for catholic maintained schools...

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Dear Colleague At our recent Principal/Trustee/Chair of Board of Governors’ meetings we advised you of the impending reconstitution of Boards of Governors, which we hoped with your assistance to have completed by December 2009, prior to transition to the new Education and Skills Authority. The Reconstitution of the Board of Governors, is an important event in the life of a school and provides an opportunity to focus on the provision of a high quality Catholic education for all children and young people who attend our schools. Research and experience invariably indicate that there is a high correlation between the quality of education which young people receive and the quality of leadership and commitment of Principals and Boards of Governors respectively. This important opportunity therefore, provides you as the Trustee Representative in the parish, with an ideal opportunity to reflect on the needs of the school over the next four year period and to take active steps to ensure that the appropriate expertise, through membership of the Board of Governors, is available to you. The purpose of the attached guidance is to support you in the exercise, setting out as it does, advice and processes whereby you can be proactively involved in the reconstitution of your Board. I would therefore request that you read the attached advice and guidance and begin the process of reflecting on the needs of your school over the next four year period and the type of people in your parish community who can make a positive contribution to your school. I would ask you to complete form BOG 2009 (Annex 1) providing the names of your Trustee Appointments, and also your nominations for the Education and Library Board positions, and the Department of Education position(s) on your respective Boards of Governors, and have these returned to your local Diocesan Education Office by 8 May 2009. I would also remind you that both the Department of Education and the Education and Library Boards make the final decision on their respective positions to each Board of Governors. As part of the documentation provided to the Principal, you will note that there is an individual Declaration of Acceptance (Annex 5) for completion by each individual Governor, at the first meeting of the newly constituted Board of Governors. As you will, undoubtedly, wish to engage with the Principal in this process, I have copied this letter and the guidance accordingly. Yours sincerely Donal Flanagan CHIEF EXECUTIVE Encs COUNCIL FOR CATHOLIC MAINTAINED SCHOOLS 160 HIGH STREET HOLYWOOD BT18 9HT TELEPHONE: 028 9042 6972 FAX: 028 9042 4255 Website: www.onlineccms.com CCMS Circular 2009/08 2 April 2009 TO: Nominating Trustees CC: Principals of Catholic Maintained Schools Re: RECONSTITUTION OF BOARDS OF GOVERNORS

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Page 1: CCMS Circular 2009/08 COUNCIL FOR CATHOLIC MAINTAINED SCHOOLS …onlineccms.vhost.tibus.com/filestore/documents/... · 2009-04-22 · In Catholic schools Boards of Governors have

Dear Colleague At our recent Principal/Trustee/Chair of Board of Governors’ meetings we advised you of the impending reconstitution of Boards of Governors, which we hoped with your assistance to have completed by December 2009, prior to transition to the new Education and Skills Authority.

The Reconstitution of the Board of Governors, is an important event in the life of a school and provides an opportunity to focus on the provision of a high quality Catholic education for all children and young people who attend our schools. Research and experience invariably indicate that there is a high correlation between the quality of education which young people receive and the quality of leadership and commitment of Principals and Boards of Governors respectively.

This important opportunity therefore, provides you as the Trustee Representative in the parish, with an ideal opportunity to reflect on the needs of the school over the next four year period and to take active steps to ensure that the appropriate expertise, through membership of the Board of Governors, is available to you.

The purpose of the attached guidance is to support you in the exercise, setting out as it does, advice and processes whereby you can be proactively involved in the reconstitution of your Board.

I would therefore request that you read the attached advice and guidance and begin the process of reflecting on the needs of your school over the next four year period and the type of people in your parish community who can make a positive contribution to your school.

I would ask you to complete form BOG 2009 (Annex 1) providing the names of your Trustee Appointments, and also your nominations for the Education and Library Board positions, and the Department of Education position(s) on your respective Boards of Governors, and have these returned to your local Diocesan Education Office by 8 May 2009. I would also remind you that both the Department of Education and the Education and Library Boards make the final decision on their respective positions to each Board of Governors.

As part of the documentation provided to the Principal, you will note that there is an individual Declaration of Acceptance (Annex 5) for completion by each individual Governor, at the first meeting of the newly constituted Board of Governors.

As you will, undoubtedly, wish to engage with the Principal in this process, I have copied this letter and the guidance accordingly.

Yours sincerely Donal Flanagan CHIEF EXECUTIVE

Encs

COUNCIL FOR CATHOLIC MAINTAINED SCHOOLS

160 HIGH STREET

HOLYWOOD

BT18 9HT

TELEPHONE: 028 9042 6972

FAX: 028 9042 4255

Website: www.onlineccms.com

CCMS Circular 2009/08 2 April 2009 TO: Nominating Trustees CC: Principals of Catholic Maintained Schools

Re: RECONSTITUTION OF BOARDS OF GOVERNORS

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NOTES FOR GUIDANCE

ON THE RECONSTITUTION

OF BOARDS OF GOVERNORS OF

CATHOLIC MAINTAINED SCHOOLS

March 2009

29172 makeup Cvr:24475 makeup L-Head 8/3/09 13:52 Page 1

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COUNCIL FOR CATHOLIC MAINTAINED SCHOOLS

NOTES FOR GUIDANCE ON THE RECONSTITUTION OF BOARDS OF GOVERNORS OF CATHOLIC MAINTAINED SCHOOLS

SECTION CONTENT PAGE

1.0 Introduction 4

2.0 Existing Constitution of Boards of Governors in Catholic Maintained Schools 4

3.0 Roles And Responsibilities of Boards of Governors 5

4.0 Nominating and Appointing Governors 9

4.1 General Considerations Regarding Governor Appointments 10

4.2 Appointment of Trustee Representatives 11

4.3 Important consideration for Trustees when appointing Trustee Representatives 12

4.4 Nomination of Department of Education Representatives 13

4.5 Nomination of Education & Library Board Representatives 13

4.6 Tenure 14

4.7 Vetting of Governors 14

4.8 Elected Teacher and Parent Governors 14

5.0 The First Meeting of a Newly Constituted Board of Governors 15

5.1 The election of the Temporary Chairperson of the Board of Governors 15

5.2 The election of the Chairperson and Vice-Chairperson 15

5.3 The Role of the Chairperson 15

5.4 The Appointment of a Secretary to the Board of Governors 16

5.5 Notification of Names of Chairperson, Vice-Chairperson and Secretary To CCMS, the Department of Education and the Education & Library Board 16

ANNEX 1 Appointments and Nominations form BOG/2009 17

ANNEX 2 Arrangements for the election of parent members of the Board of Governors 21

Nomination form for the election of a Parent Governor 22

ANNEX 3 Arrangements for the election of teacher members of the Board of Governors 23

Notice of election of a Teacher Governor 24

Nomination form for the election of a Teacher Governor 25

Ballot paper for election of a Teacher Governor 26

ANNEX 4 First meeting of newly constituted Board of Governors 27

ANNEX 5 Declaration of Acceptance 28

The Nolan Principles of Conduct Underpinning Public Life 29

ANNEX 6 Summary of Membership 30

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Programme of Action to be followed in the

Reconstitution of Boards of Governors of Catholic Maintained Schools

Action Taken By Completion

Date Trustee Representatives to be selected / appointed.

Department of Education Nominees to be identified, in priority order, for a decision on appointment by the Department.

Nominating Trustee to complete and submit Form BOG2009 to the Diocesan Education Office (Annex 1 of this Guidance)

By 8th May 2009

Education & Library Board nominees to be identified in priority order, for decision by the Education & Library Board.

Diocesan Office to notify Department and Education & Library Boards of the Trustees’ nominations.

Senior Management Officer of the local Diocesan Office

By 12 June 2009

Department of Education to confirm to the local Diocesan Education Office their appointments to the position of Department Representative.

Department of Education

By end August 2009

Education & Library Board to confirm to the local Diocesan Education Office their appointments to the positions of Board Representative.

Education & Library Board

By end August 2009

Diocesan Education Office to confirm Trustee, Department and Board Representatives back to the school.

Senior Management Officer of the local Diocesan Education Office

By end Sept 2009

First meeting of the newly constituted Board of Governors to establish mechanisms for the election of replacement Parent and Teacher Representatives (Annex 4 of this Guidance).

Existing Parent & Teacher Representatives and newly appointed Trustees, Department

By end October 2009

Teacher Governor / Parent Governor elections to be completed (Annex 2 and Annex 3 of this Guidance).

and Education & Library Board Representatives

First meeting of fully reconstituted Board of Governors where permanent Office Bearers are elected/appointed

Fully reconstituted Board

By end November 2009

Fully reconstituted Board of Governors to complete and return Declaration of Acceptance and notify the local Diocesan Education Office, the Department of Education and the Education & Library Board of Office Bearers (Annex 5 of this Guidance)

of Governors

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NOTES FOR GUIDANCE ON THE RECONSTITUTION OF BOARDS OF GOVERNORS OF CATHOLIC MAINTAINED SCHOOLS

1.0 INTRODUCTION Boards of Governors are reconstituted every four years. Reconstitution is normally timed to coincide

with the local government elections. This reconstitution, however, is unusual in that it is taking place in

the midst of the reorganisation of local government. The Department has decided, however, not to

delay the reconstitution until the new education legislation comes into force in January 2010 but to

proceed with it now. This reconstitution of the Board of Governors is therefore, being carried out under

the existing legislation. The new legislation in relation to Foundation and Community Governors will not

be used until the current Boards are next reconstituted in 2013.

For this reconstitution, therefore, Trustees will continue to have responsibility for appointing their

representatives and for nominating others for consideration by DE and ELBs. The guidance notes

which follow have been prepared so that Trustees will have clear, unambiguous guidance to assist them

in the onerous task of providing each school with the best possible Board of Governors.

2.0 EXISTING CONSTITUTION OF BOARDS OF GOVERNORS IN CATHOLIC MAINTAINED

SCHOOLS The majority of Boards of Catholic Maintained Schools have nine Governors. Some Boards of

Governors, particularly those of post-primary schools, because of the number of parishes and different

interests involved, have an increased number of Governors on the Board. In such cases, there are

either 18 or 27 Governors on the Board. The make up of the representation for different interest groups

on Boards of Governors is set out below in Table 1 in accordance with Article 11 (2) of the Education

and Libraries (NI) Order 1986 as amended by Schedule 5, Part 1, Education and Libraries (NI) Order

1993.

TABLE 1 9 Person BOG 18 Person BOG 27 Person BOG 10 Person BOG

Where 100% Funding applies Where 85% Funding applies

Trustee Representatives* 4 8 12 6

Education & Library Board Appointees 2 4 6 2

Elected Parent Representatives 1 2 3 1

Elected Teacher Representatives 1 2 3 1

Department of Education Appointees 1 2 3

Trustee Representatives must always include a parent of a pupil attending the school (or one of

the schools for which the Board of Governors is responsible).

Council for Catholic Maintained Schools

-

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3.0 ROLES AND RESPONSIBILITIES OF THE BOARD OF GOVERNORS

The Education Reform (NI) Order 1989 gave Boards of Governors increased responsibilities that cover

an extremely wide range of roles and functions. The new legislation which is due to come into operation

in January 2010 will confirm these roles and responsibilities. In addition it is likely that the newly formed

Education and Skills Authority (ESA) will adopt a model of supported autonomy which will further

emphasise the role of Governors.

In Catholic schools Boards of Governors have the added responsibility of being guardians of the core

values and ethos of their schools. It is this ethos that makes Catholic schools distinctive and which has

underpinned their place as the most successful sector of education in Northern Ireland.

The eight areas listed below are not intended to define the complete spectrum of responsibilities of

Boards of Governors but are indicative of the main responsibilities and functions. In considering their

roles and responsibilities Governors should make use of the CCMS publication “Partnership for Quality”

which offers clear guidance to Boards of Governors for the discharge of their roles and responsibilities.

Governors should also make use of ‘Catholic Education – the Vision’ which provides guidance on the

promotion and development of Catholic Ethos in schools.

1. Catholic Ethos 2. School Development Planning 3. Curriculum and educational standards 4. Pastoral care 5. Employment 6. Enrolment and admissions 7. Financial management 8. Annual Report to Parents

3.1 Catholic Ethos The Boards of Governors in Catholic Schools have responsibility for maintaining and developing the

distinctive Catholic Ethos of the school. What is meant by the Catholic Ethos has been articulated in a

number of publications the most recent of which is ‘Vision 08 - A Vision for Catholic Education in

Ireland’.

“…Catholic Schools seek to reflect a distinctive vision of life and a corresponding

philosophy of education. This is based on the Gospel of Jesus Christ”

Vision 08

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The school’s mission, vision and fundamental aims must fully reflect the distinctive nature of Catholic

Education. The Governors have a key role in drawing these up and keeping them under review.

It is the responsibility of the Governors to ensure that the ethos of Catholic Education permeates all

aspects of school life. This includes the work of the Governors themselves. The Board of Governors

should therefore ensure that the school’s core values are used to guide all policies and practices in all

their areas of responsibility.

The Governors are responsible for ensuring that the ethos of the school is underpinned by a

programme of Religious Education and Faith Development and that the religious life of the school is

given the proper prominence.

3.2 School Development Planning Governors have a very important strategic role in guiding the school forward into the future and in

helping it to meet any challenges it might face. The school’s vision and aims must be central to this

process.

School Development Planning is the means by which schools decide what it is they want to achieve

and set out the framework for getting there. This plan provides the strategic framework for mapping

forward the development of the school. Governors should work in partnership with the Principal in

drawing up the School Development Plan.

The School Development Plan also provides Governors with an important tool for reviewing and

monitoring progress against targets. This will assist Governors in deciding what changes need to be

made and will therefore inform the ongoing process of school improvement.

3.3 Curriculum and Educational Standards The Board of Governors is responsible for ensuring that the statutory curriculum is delivered and that

the highest possible educational standards are adhered to. The DE publication ‘Every School a Good

School’ will be helpful to Governors in identifying what these standards should be.

In the context of the Catholic School the curriculum should not be defined narrowly as that set out as

statutory. The curriculum is the sum total of the educational experiences, both formal and informal, of

the pupils in the school. The curriculum is aimed not just at developing pupils academically but

physically, emotionally and spiritually.

“Education means the development of the whole person. An education which

makes no room to address the fundamental questions about the meaning of life

could not be described as seeking such holistic development”

Vision 08

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Boards of Governors have therefore the responsibility of ensuring that both the educational

requirements set by the government and the vision of the faith community which is the Catholic school

are met.

“Catholic education aims to help each student to develop his or her full potential as

a human being.”

Vision 08

Governors have a key role to play in ensuring the curriculum meets the needs of all pupils.

Ethos promotion and academic success are complementary responsibilities and the success of

Catholic schools in reaching the highest standards for schools in Northern Ireland owes a great deal to

their commitment to their Catholic Ethos.

3.4 Pastoral Care

The success of a school depends upon creating an environment in which pupils feel happy, safe and

secure. It is only in such an environment that pupils can hope to attain their full potential.

“Catholic schools aspire to create an open happy stimulating and mutually

respectful community environment in which young people are able to develop their

full range of abilities and talents in a balanced integrated and generous way.”

Vision 08

Governors have a duty of care to all pupils attending their school. Boards of Governors fulfil this

responsibility by ensuring that school policies and practices meet the individual needs of all pupils and

reflect fully the ethos of the school. In particular, Governors are responsible for having in place effective

policies for Child Protection and Special Educational Needs and for keeping these under review.

“In the catholic school . . . those who are educationally disadvantaged and those

with special needs are actively supported in achieving their full potential.”

Vision 08

A code of behaviour will be essential to providing a safe and secure environment and this will of

necessity include reference to the sanctions in place when the code is not adhered to. Regretfully this

may lead to suspension or expulsion. The Board of Governors will need to have a Suspension and

Expulsion Scheme in place in case of such an eventuality. The ethos and core values for the school

must form the guiding principles on which these policies and practices are based.

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Currently the Council and Education & Library Boards are the statutory employers of teaching and

non-teaching staff respectively in maintained schools. From January 2010 this role will be undertaken

by the ESA. Under both systems Boards of Governors will continue to have the primary role of

ensuring that the normal employment matters are addressed at school level. These include:

• Appointments and Promotions

• Discipline and Grievance Management

• Development and Welfare of Staff

• Health and Safety

• Development and on-going review of the School’s Salary Policy and the school’s Management

Structures

• The School’s Performance Review and Staff Development Scheme (PRSD).

3.6 Enrolment and Admissions

The Board of Governors is required to determine the enrolment and admissions criteria which will be

applied by the school in considering applications from parents. These criteria should take into account

the parishes and communities served by the school. Additionally, the Board of Governors may be

required to develop a number of strategies to promote the school in order to secure a satisfactory level

of admission. The Board of Governors also has a duty to verify the information provided by parents

when considering applications.

3.7 Financial Management

The Department of Education’s Common Funding Scheme empowers Boards of Governors to

determine how the school budget and any other generated income should be spent. The guidelines

and procedures contained within the Common Funding Scheme will continue to operate until ESA

comes into being in January 2010.

It is expected that ESA will inform schools of any changes to the arrangements. Governors must make

themselves familiar with these changes to ensure that the school complies with them. It is highly

unlikely that there will be any change in Governors’ responsibility to approve the main areas of

expenditure as set out under the current scheme.

3.8. Annual Reports

Under Articles 125 and 126 of Education Reform (NI) Order 1989 it is the responsibility of the Board of

Governors to prepare an Annual Report. This report is both an important means of communication with

parents and a sign of the Governors’ accountability to parents and the local community.

Clearly the above responsibilities are extensive in nature. In practice, however, many of these

responsibilities are delegated to the Principal and Senior Management Team in the School.

3.5 Employment

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Up until January 2010 Boards of Governors will continue to receive the support, advice and guidance

of officers of the Council and of the Education & Library Boards. From January 2010 that support will

come from the officers of ESA and the proposed Trustee Support Body.

4.0 NOMINATING AND APPOINTING GOVERNORS

Each school must have a Board of Governors. It is the Council’s recommendation that each school

should have its own Board of Governors and that only in exceptional circumstances should a Joint

Board of Governors arrangement be considered.

Table 1 indicates the number of Governors that each constituent body represented on the Board of

Governors is entitled to appoint or nominate.

The appointment of Trustee Representatives is usually delegated by the Trustee to the local Trustee

who is normally the parish priest, parish administrator or representative of the religious order. In this

guidance this person will be referred to as the Nominating Trustee.

The Nominating Trustee is also asked to nominate individuals who would be willing to serve as DE or

ELB representatives. While the Nominating Trustee will make recommendations for these positions the

final decision on these representatives rests with DE and the ELBs.

Nominating Trustees should note that the Scheme of Management specifically excludes a number of

people from being Governors.

“A person, other than the Principal or elected Teacher Governor who -

a) is employed for the purposes of the school or for non-school activities, or

b) has within five years before the first day that his membership could have taken effect, or at any

time thereafter been convicted by a court in Northern Ireland, United Kingdom, Republic of

Ireland, Isle of Man, or the Channel Islands, of any offence and has had passed on him a

sentence of imprisonment (whether suspended or not) for a period of not less than three

months without the option of a fine, or

c) is adjudged bankrupt or who has made a composition or arrangement with his creditors

shall not be a member of the Board of Governors.”

The Council would not normally sanction a serving officer of CCMS being a member of the

Board of Governors of a Catholic Maintained School.

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The context within which Boards of Governors operate has changed considerably over the past number

of years and will change even more over the lifetime of this Board of Governors. This changing context

will bring a number of very serious challenges to the newly constituted Board of Governors.

• From January 2010 CCMS and the ELBs will cease to exist and their roles will be undertaken

by ESA. Governors and schools will therefore have to come to terms with their support being

offered from a different source, perhaps by different personnel and in different ways. While it is

likely that transition arrangements will be in place, schools and Governors will quickly need to

come to terms with the new arrangements.

• The role of lay people within Governors has increased considerably and the increasing

demands on fewer religious will mean that this trend is likely to continue. While this is

something to be welcomed it does bring a changing context which we need to be aware of,

particularly in relation to the role of Governors in school ethos development and the interface

between Trustees and lay members of Boards.

• The increasing secularisation of our society together with growing cultural and religious

pluralism will create an ever more challenging environment within which Boards of Governors

will have to work.

• The weakening links between the parents and the parish threaten one of the key partnerships

in the education of our young people.

• Demographic trends together with economic constraints will place increasing strains on many

schools and will mean that we will be facing many difficult decisions in the near future.

If we are to secure the future of Catholic Education and the Catholic Ethos in our schools into the future

we must face and overcome these challenges. In light of these challenges the Council would offer the

following advice to the Nominating Trustees:

a) Before appointing Trustee Representatives and nominating anyone for the role of DE or ELB

Governor, the Nominating Trustee must ensure that those they are appointing/nominating are

fully aware of and committed to the core values and aims of the school and of Catholic

Education.

4.1 General considerations regarding Governor appointments

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b) Given the extensive range of responsibilities of Governors, it will assist the governance of the

school if Nominating Trustees select Governors with skills or expertise relative to the needs of

the school. Experience has shown that the following skills are particularly relevant; Finance,

Human Resources, Business Management, and Legal.

c) Each Board of Governors should be representative of the community. d) In selecting and nominating Governors, Trustees should be mindful of gender and should

ensure that an appropriate balance is achieved.

e) Evidence exists that the employment prospects of young people can be enhanced through the

development of close links and relationships between schools and industry. Accordingly, for

post-primary schools in particular, consideration should be given to developing these links

through selection or nomination of people involved in industry or commerce.

f) In accordance with Article 12 Education and Libraries (NI) Order 1986 as amended by Article 37

Education and Libraries (NI) Order 1993, only in the most exceptional circumstances should one

person be nominated for more than three individual Boards of Governors. In such

circumstances the specific approval of the Department of Education will be required.

g) Trustees should be mindful that family relationships with employees of schools will often result in

a Governor being excluded from key discussions and decisions and may on occasion create, or

be perceived as creating, particular difficulties.

h) Teachers and ex-teachers from other schools may be able to make important contributions to

the management of the school, particularly in regard to curricular matters. It could, in certain

circumstances however, be inappropriate to nominate a former teacher to the Board of

Governors of a school in which he or she has previously worked.

i) In addition to the voting members of a Board of Governors, it is possible to co-opt non-voting

members who may bring a particular expertise not present amongst the voting members.

Clearly this matter requires careful consideration.

4.2 Appointment of Trustee Representatives The appointment of Trustee Representatives on the Board of Governors is the responsibility of the

Nominating Trustee who is normally the parish priest, the parish administrator or representative of a

religious order. This is a crucial responsibility and one which takes on added significance in light of the

changing context we are working within which is described in Section 4.1.

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Trustee Representatives must always include a parent attending the school (or one of the schools for

which the Board of Governors is responsible).

4.3 Important considerations for Trustees when appointing Trustee Representatives Trustees not only hold the school properties that they own in trust they are also the guarantors of the

intentions and mission for which Catholic schools were originally founded. The role of guardian of the

Catholic Ethos of each of our schools is delegated to the Trustee Representative on the Board of

Governors.

For over 150 years Catholic schools depended totally on religious congregations for the maintenance

and development of the Catholic Ethos. This is rapidly changing. To an increasing extent the role of

trusteeship is being exercised in partnership with the laity who act as Trustee Representatives on the

Boards of Governors

While the greater role of the laity is to be welcomed it brings with it the responsibility to ensure that

those fulfilling this role are fully equipped to represent the Trustees and carry out this important

responsibility on their behalf. The particular roles and responsibilities of the Trustee Representatives

make it essential that they are fully committed to the values and aims of the school and of the Trustees,

that they will be responsive to the Trustees in interpreting the school’s ethos in light of prevailing

circumstances and challenges and that they will have the necessary knowledge, skills, experience and

expertise to fulfil the role of guardian of the Catholic Ethos of the school.

The Council recognises and fully supports the important role played by Catholic schools in the life of the

parish and the need for the closest links to exist between the home, the school and the Church. Given

the unique nature of the home-school-parish partnership, the Council would advise Trustees that one of

their Representatives on Boards of Governors should be drawn from the Clergy or from a Religious

Congregation or from a church body such as the Parish Council.

Trustee Representatives must always include a parent of a pupil attending the school (or one of

the schools for which the Board of Governors is responsible).

Nominating Trustees should advise the Diocesan Education Office of their appointees using

Form BOG 2009 at Annex 1.

.

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4.4 Nomination of Department of Education Representatives The Nominating Trustee should also provide at least two names of individuals who could, and are

prepared to represent the interests of the Department as well as the interests of the school, and

participate fully in the activities of the Board of Governors.

Boards of Governors will act as corporate bodies. Nominating Trustees should therefore be equally

conscientious about their nominations for representatives of DE as they are in appointing Trustee

Representatives. They should apply the same criteria in their selection as they do for Trustee

Representatives particularly in relation to their commitment to the Catholic Ethos of the school.

It must be noted that the ultimate responsibility for selection rests with the Department, which

will apply its own criteria and is not bound to appoint either of the two names proposed.

Accordingly the Department will itself seek to obtain suggestions from a number of different

sources in addition to nominations from Trustees.

Nominating Trustees should use Form BOG 2009 at Annex 1 to provide the names of their DE

nominations. It shall be the responsibility of the Senior Management Officer to forward the

names provided to the Department of Education.

4.5 Nomination of Education & Library Board Representatives The Nominating Trustee should also provide at least two names of individuals who could, and are

prepared to represent the interests of the Education and Library Board as well as the interests of the

school, and participate fully in the activities of the Board of Governors.

As for the DE nominations the Nominating Trustee should ensure that those they are nominating are

fully committed to the Catholic ethos of the school.

It must be stressed that whilst the Education & Library Boards value the local knowledge of the

trustees and welcome their suggestions, the ultimate responsibility for deciding on such

appointments rests with the Education & Library Board.

Nominating Trustees should use Form BOG 2009 at Annex 1 to provide the names of their ELB

nominations. It shall be the responsibility of the Senior Management Officer to forward the

names provided to the Education and Library Board.

The Membership Committee of the Education and Library Board will deal with the selection of its Board

Representatives and will notify each Board of Governors of their appointees. Until notified officially of

the new appointees the existing Education & Library Board Representatives will continue to

serve on Boards of Governors of schools. Additionally, as outlined under Article 8.2 of the

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Scheme of Management, a member nominated by the Board who is a member of the Board

shall, unless the Board otherwise determines, cease to be a member if he ceases to be a

member of the Board.

4.6 Tenure The Council recognises the need for continuity and renewal and would advise that lay members of the

Board of Governors should not normally serve more than two terms of office.

4.7 Vetting of Governors Taking account of the reconstitution of Governors during 2009 and 2010, and the overlap with the

introduction of the new Vetting and Barring Scheme it is proposed that existing Governors will not be

required to become vetted and registered under the new Scheme until after their next four year term has

expired in 2013. However current vetting arrangements as outlined in DE Circular 2006/25 and CCMS

Circular 2007/06 still apply to new Governors. In accordance with the Vetting and Barring Scheme,

from 1 October 2009 all new Governors starting a fresh term of office or taking up a new position with

another governing body will be required to register in accordance with the Scheme.

In terms of implications for schools, new Governors from 1 October 2009 cannot lawfully take office until

they are registered with Independent Safeguarding Authority (ISA), and any Governor who is registered

with ISA and subsequently loses his or her registration, will be disqualified from being a Governor, and

similarly, a barred person will also be disqualified.

4.8 Elected Teacher and Parent Governors Article 7 of the Scheme of Management for Catholic Maintained Schools specifies that voting members

shall remain in office until their successors have been appointed. Therefore, the existing elected

Parent and elected Teacher Governors remain as participating members of the reconstituted

Board of Governors until they have been formally replaced through elections. With this in mind, it

is strongly recommended that Boards of Governors, as soon as reasonably practicable after

reconstitution, make arrangements for the election to the positions of Parent and Teacher Governors.

Annex 2 and Annex 3 cover the elective processes to be followed for the election of Parent and

Teacher Governors. Officers of Council are available to provide specific advice to Chairpersons and

Principals on the procedures to be followed and the documentation to be returned to the Diocesan

Education Office and the relevant Education & Library Board.

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5.0 THE FIRST MEETING OF A NEWLY CONSTITUTED BOARD OF GOVERNORS

5.1 The election of the Temporary Chairperson of the Board of Governors

(Reference: Article 47 of the Scheme of Management)

A model Agenda for the first meeting of the newly constituted Board of Governors is attached at

Annex 4.

At the first meeting of each newly-constituted Board of Governors, the voting members shall elect a

temporary Chairperson and Vice-Chairperson from among those of their number who are not members

of staff and the persons so elected shall hold office until the Parent and Teacher Governors have been

elected and the Board can be fully reconstituted.

5.1 The Election of the Chairperson and Vice-Chairperson Subsequent to the election of the Parent and Teacher Governors, the voting members shall elect a

Chairperson and a Vice-Chairperson from among those of their number who are not members of staff.

Should a vacancy occur in the office of Chairperson or Vice-Chairperson of Board of Governors the

voting members shall, at the next meeting of the Board of Governors, elect one of their number who is

not a member of staff to fill that vacancy.

Should the Chairperson and Vice-Chairperson of the Board of Governors be absent from a meeting, the

voting members present shall elect one of their number who is not a member of staff to be Chairperson

at that meeting.

(See ‘Partnership for Quality’ - CCMS ‘Governorship - A positive contribution to Quality’)

5.2 The Role of the Chairperson The importance of the Chairperson in promoting the Catholic Ethos and in all aspects of school life

cannot be overstated. Chairs of Boards of Governors have a vital role in ensuring that the vision, aims

and objectives of the school are at the forefront of all policies, practices and decisions taken by

Governors.

For this reason, due consideration should be given to the election to this post. The Chair, whom the

Governors elect, has the potential to direct the course taken by the school for the duration of their term

of office.

The Chairperson must be capable of commanding the respect of the whole school community. They

must be able to exercise a leadership role both within the governing body and the school. The Chair

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must be able to ensure that the Board of Governors operates as an effective team. An important aspect

of the role is the ability to conduct meetings in a professional manner.

The relationship between the Chair and the Principal is the key one for the efficient and effective running

of the school. At the core of this relationship is the need for mutual respect and trust and a clear

understanding of the respective roles.

The Chairperson will be party to information that will require a great deal of discretion. They must,

therefore, at all times respect the need for confidentiality

5.4 The Appointment of a Secretary to the Board of Governors

(Reference: Article 49 of the Scheme of Management) Subject to the conditions below -

(a) the Board of Governors shall appoint a person to act as its Secretary; and

(b) a committee of the Board of Governors shall appoint a person to act as its Secretary.

Neither the Principal of, nor other teachers in the school shall act as Secretary at any meeting of the

Board of Governors or of a committee thereof at which any matter relating to the appointment,

remuneration, tenure or conditions of service, status, conduct, discipline, suspension, dismissal,

resignation, retirement or superannuation of the Principal is to be considered.

Where a Board of Governors is responsible for two or more schools, the Principal of any one of

those schools shall not act as Secretary at any meeting of the Board of Governors or a

committee thereof.

5.5 Notification of Names of Chairperson, Vice-Chairperson and Secretary to CCMS, the

Department of Education and the Education & Library Board

As well as forwarding the completed Declaration of Acceptance of Office (Annex 5) to your local

Diocesan Education Office, it is essential to forward the names of the Chairperson, Vice-Chairperson

and Secretary to the local Diocesan Education Office, the Department of Education and your local

Education & Library Board (see Annex 6). Any changes to Chairperson, Vice-Chairperson or Secretary

should be notified to the same three authorities. Any subsequent changes to the membership of your

Board of Governors should be notified to the local Diocesan Education Office and the relevant

Education and Library Board.

All Governors are, at the commencement of their tenure, required to sign and date a Declaration

of Acceptance, a copy of which is contained at Annex 5.

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ANNEX 1

BOG 2009

COUNCIL FOR CATHOLIC MAINTAINED SCHOOLS

Information required for the Reconstitution of Boards of Governors for 2009 School Ref No: ________________ School Name: _______________________________________________ Address: _______________________________________________Post Code: ______________________

TRUSTEE APPOINTMENT (Parent) Trustee Representatives (normally four, including a parent) Name Full Address including Postcode 1.______________________________ (Parent Trustee) ____________________________________

____________________________________ Occupation: ___________________________ ____________________________________ Length of Service as Governor: ________ yrs Post Code: ___________________________ Please indicate if the Trustee appointment has any of the following skills or experience Financial management □ Accountancy □ Law □ Education □

HR or Personnel management □ Recruitment □ Business management □ Commitment to Catholic Ethos □

TRUSTEE APPOINTMENT Name Full Address including Postcode 1._____________________________________ ____________________________________

____________________________________ Occupation: ___________________________ ____________________________________ Length of Service as Governor: ________ yrs Post Code: ___________________________ Please indicate if the Trustee appointment has any of the following skills or experience Financial management □ Accountancy □ Law □ Education □

HR or Personnel management □ Recruitment □ Business management □ Commitment to Catholic Ethos □

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COUNCIL FOR CATHOLIC MAINTAINED SCHOOLS

Information required for the Reconstitution of Boards of Governors for 2009 School Ref No: ________________ School Name: _______________________________________________ Address: _______________________________________________Post Code: ___________________

TRUSTEE APPOINTMENT

Name Full Address including Postcode 3._____________________________________ ____________________________________

____________________________________ Occupation: ____________________________ ____________________________________ Length of Service as Governor: ________ yrs Post Code: ___________________________ Please indicate if the Trustee appointment has any of the following skills or experience

Financial management � Accountancy � Law � Education � HR or Personnel management � Recruitment � Business management � Commitment to Catholic Ethos �

TRUSTEE APPOINTMENT

Name Full Address including Postcode

4._____________________________________ ____________________________________

____________________________________

Occupation:_____________________________ ____________________________________

Length of Service as Governor: ________ yrs Post Code: ________________________ Please indicate if the Trustee appointment has any of the following skills or experience

Financial management � Accountancy � Law � Education � HR or Personnel management � Recruitment � Business management � Commitment to Catholic Ethos � (Signed) ____________________________________ (Date) ________________________

Trustee

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COUNCIL FOR CATHOLIC MAINTAINED SCHOOLS

Information required for the Reconstitution of Boards of Governors for 2009 School Ref No: ________________ School Name: _______________________________________________ Address: _______________________________________________ Post Code: ___________________

Department of Education Nomination Names of persons who would be willing to put their names forward as possible

Representatives of the Department of Education

(Names should be detailed in order of preference) Name Full Address including Postcode 1.______________________ ________________________________________________________________ ________________________________________________________ Post Code:___________________________ Occupation: ______________________________ Date Of Birth: (or approx age) ________________________ Length of Service as Governor: ________ yrs Please indicate if your nomination has any of the following skills or experience

Financial management □ Accountancy □ Law □ Education □ HR or Personnel management □ Recruitment □ Business management □ Commitment to Catholic Ethos □

It is important that you supply below details of any other skills or experience you consider your nomination would bring to a Board of Governors including any personal qualities that you consider would be valuable to the effective management of a school.

Department of Education Nomination Name Full Address including Postcode 2.______________________ _________________________________________________________________ ________________________________________________________ Post Code: ___________________________ Occupation: ______________________________ Date Of Birth (or approx age) ________________________ Length of Service as Governor: ________ yrs Please indicate if your nomination has any of the following skills or experience

Financial management □ Accountancy □ Law □ Education □ HR or Personnel management □ Recruitment □ Business management □ Commitment to Catholic Ethos □

It is important that you supply below details of any other skills or experience you consider your nomination would bring to a Board of Governors including any personal qualities that you consider would be valuable to the effective management of a school. (Signed) _____________________________________ (Date) __________________________

Trustee

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COUNCIL FOR CATHOLIC MAINTAINED SCHOOLS

Information required for the Reconstitution of Boards of Governors for 2009

School Ref No: ________________ School Name: _______________________________________________ Address: _______________________________________________Post Code: ___________________

Education and Library Board Nomination Names of persons who would be willing to put their names forward as possible

Representatives of the Education and Library Board (Names should be detailed in order of preference) Name Full Address including Postcode 1.______________________ ________________________________________________________________ ________________________________________________________ Post Code: ___________________________ Occupation: ______________________________ Date Of Birth: (or approx age) ________________________ Length of Service as Governor: ________ yrs Please indicate if your nomination has any of the following skills or experience

Financial management � Accountancy � Law � Education � HR or Personnel management � Recruitment � Business management � Commitment to Catholic Ethos � It is important that you supply below details of any other skills or experience you consider your nomination would bring to a Board of Governors including any personal qualities that you consider would be valuable to the effective management of a school.

Education and Library Board Nomination

Name Full Address including Postcode 2.________________________ _______________________________________________________________ ________________________________________________________ Post Code:___________________________ Occupation: ______________________________ Date Of Birth (or approx age) ________________________ Length of Service as Governor: ________yrs Please indicate if your nomination has any of the following skills or experience

Financial management � Accountancy � Law � Education � HR or Personnel management � Recruitment � Business management � Commitment to Catholic Ethos � It is important that you supply below details of any other skills or experience you consider your nomination would bring to a Board of Governors including any personal qualities that you consider would be valuable to the effective management of a school.

(Signed) ______________________________________ (Date) __________________________

Trustee

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ANNEX 2 Arrangements For The Election Of Parent Members Of The Board Of Governors Attached is a suggested method of implementing election procedures for the election of Parent Governors and a nomination form. Part 2 of DENI Circular 2005/20 goes into this in detail. However in summary, the following statutory position regarding elected Parent Governors may be useful: a) A parent elected as a member of the Board of Governors of one or more than one school shall not by reason

only of ceasing to be a parent of a pupil attending the school or one of the schools cease to hold office as a member of the Board of Governors (Para 6 DENI Circular 1997/24).

b) A Parent Governor is elected by parents of pupils attending the school or schools from amongst the parents of

such pupils. c) The Education and Libraries (NI) Order 1986 provides that election arrangements must have the Department’s

approval and any vote taken for the purpose for any such elections must be by secret ballot. d) Where (a) one or more vacancies for parent members are required to be filled by election; and (b) the number

of parents standing for election as parent members is less than the number of vacancies, the required number of parent members shall be made up by persons appointed by the voting members of the Board of Governors of the school.

Parents 1) Parents will be entitled to nominate candidates, to vote, and to stand for election. 2) Voting is by a parent of pupils attending the school(s) at the time. 3) “Parent” includes a guardian and every person who has actual custody of the pupil attending the school. 4) An elected parent continues in office even if ceasing to be a parent of pupil(s) attending the school. 5) A teacher in the school, who also happens to be a parent in the school may not be elected as a Parent

Representative to the Board of Governors of that school. Clerk of Elections 5) The Board of Governors shall appoint from its membership a clerk for the elections. 6) The Clerk shall not be a parent as defined in 2 above. 7) The Clerk shall write to parents explaining the procedure for nominating and for voting. 8) Voting forms shall be prepared by the Clerk and handed directly to parents at a meeting or posted to them. 9) The Clerk shall call a meeting at such time and place as shall be convenient for most parents, (unless voting

is by postal ballot). 10) The Clerk shall act as chairperson if the election takes place at a meeting of parents. 11) The Clerk shall minute the proceedings of that meeting and forward these along with the name(s) of the

elected parent(s) to the Diocesan Office as soon as possible. 12) The Clerk’s decision on matters of procedure shall be final. Candidates 13) Candidates must be nominated by at least one other parent and seconded by another. 14) The right to nominate, to vote and to stand for election is not limited to one parent per family. 15) Only those entitled to vote may propose and second nominations. 16) Candidates may vote. 17) Persons nominated should confirm that they are prepared to stand for election. Procedures 18) The Board of Governors should determine that a quorum exists. 19) Voting may not be by proxy. 20) A simple majority should determine the successful candidate(s). 21) In the event of a tie a second ballot should be held - only candidates with the same number of votes should

be involved in this ballot. 22) If the further ballot also produces a tie, the result may be determined by lot. 23) If the number of nominees is equal to or fewer than the number of vacancies, all candidates will be deemed to

have been duly elected without the need for a vote and if applicable any remaining vacancies filled by appointment by the voting members of the Board of Governors.

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Nomination Form For The Election Of A Parent Governor

School: I, agree to stand for election to the position of Parent Governor on the Board of Governors of the above school. Signed: Nominated by: Proposer: Seconder: The Proposer and Seconder must be parents at the school. Return when completed to the Clerk of the Election, at the school on or before:

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ANNEX 3 Arrangements For The Election Of Teacher Members Of The Board Of Governors There follows a suggested method of implementing election procedures for the election of Teacher Governors, a nomination form and a notice of election. The guidance supplements that already issued by the Department in DENI Circular 2005/20. In addition, the following statutory position regarding elected Teacher Governors may be useful. a) A teacher (including Vice-Principal) elected as a member of the Board of Governors of one or

more than one school) shall on ceasing to be a teacher at the school or one of the schools, cease to hold office as a member of the Board of Governors.

b) A Teacher Governor is elected by teachers who hold permanent posts, be they full time, job

sharers or part time, from amongst such teachers. c) A teacher who holds a permanent post, be it a full time, job share or a part time post, and who is

seconded to an outside agency or who is on unpaid leave or who is on extended absence due to illness or maternity leave, will be entitled to vote in any elections.

d) A teacher, seconded to an outside agency or on unpaid leave is not eligible to be a Teacher

Governor. Teachers elected to the position of Teacher Governor who subsequently leave to take up a secondment to an outside agency or unpaid leave (including approved career break) or extended absence due to illness or maternity leave shall cease to hold post until their return to school. The Board of Governors shall hold an election to fill the interim vacancy.

e) The Education and Libraries (NI) Order 1986 provides that election arrangements must have

the Department’s approval and any vote taken for the purpose for any such elections must be by secret ballot.

The election of a Teacher Governor is a simple operation but it is essential, if complaints are to be avoided, that exact procedures are laid down by the Board of Governors and strictly adhered to. Parts 3 and 4 of DENI Circular 2005/20 outline the arrangements that would meet with the Department’s approval governing the election of Teacher Governors. A sample procedure, which you may wish to adapt to fit your school’s circumstance, is given below:- 1) The Board of Governors appoints a Clerk to oversee the election procedure. As all permanent

teachers, including Vice-Principals, in post are eligible for election; the Board of Governors may nominate the Principal.

2) The Clerk announces the election, preferably by individual letter, to each eligible teacher (including those on extended leave). a) The announcement should contain:

• the method of election, • the arrangements for nominations, • the time and place for counting.

b) A copy should be affixed to the staff notice board. 3) The Clerk prepares nomination forms. 4) The Clerk prepares and issues ballot papers if an election is necessary. The papers should

have a distinctive marking, e.g. a parish seal and must be sent to each teacher entitled to vote. 5) A post-type box should be provided in a convenient place for collection of completed ballot

papers. If this method is used, the voting can be spread over several days at the convenience of teachers voting.

6) Fix a date and time for the opening of the ballot box. The candidates are invited to be present for the opening and the count.

7) In most cases the Clerk can act as Teller. If necessary other persons, not candidates, can be elected as Tellers. The Clerk is empowered to make arrangements for such an election.

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Notice Of Election Of A Teacher Governor ________________________________________________________School 1) For the purpose of this election a teacher is defined “as a permanently employed teacher, including

Vice-Principal, other than the Principal or a temporary teacher employed on the staff of the school”. 2) All teachers are entitled to vote in the election. 3) Teachers in post at the school are eligible for nomination and election. 4) Teachers seconded to outside agencies, on unpaid leave (including career break) or on extended

sick leave or maternity leave: I. may vote in the election. II. are not eligible to be elected.

4) Voting is by secret ballot. 5) A simple majority will decide the election. 6) The elected teacher will normally serve for a period of four years. 7) If the elected teacher leaves the staff of the school (s)he ceases to hold office as a Governor and a

new election must be held. 8) The Clerk of Election is ________________________________________________ 9) Nomination forms will be available from the Clerk and must be returned on or before

_________________________________. 10) Ballot papers will be available from the Clerk after _______________________________ . 11) Completed ballot papers in a sealed envelope should be placed in the box provided in the Staff

Room between _________________ and ______________________. 12) The box will be opened by the Clerk at _________ pm on ______________________ and votes

counted in the presence of the nominated candidates. 13) If it is necessary to elect Tellers the Clerk is empowered to arrange for their election. 14) If there is a tied vote the result will be determined by a second ballot or by lot involving only those

who had been tied.

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Nomination Form For The Election Of A Teacher Governor NB: Small schools may have difficulty in finding a proposer and seconder due to small staff

numbers. In these circumstances you should contact the local Diocesan Education Office for specific advice and approval of proposals to fill the vacant post.

School: I, agree to stand for election to the position of Teacher Governor on the Board of Governors of the above school. Signed: Proposer: Seconder: The Proposer and Seconder must be teachers at the school. Return when completed to the Clerk of the Election, on or before:

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Ballot Paper For Election Of A Teacher Governor

School:_________________________________________________________ Place an ‘X’ opposite one name: (Type in Names of Candidates)

This Ballot Paper must be returned in a sealed envelope clearly marked ‘Clerk of Elections’. The envelope should be: (a) handed to the Clerk _______________________________________________ or (b) placed in the ballot box in the staff room.

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ANNEX 4

First Meeting Of Newly Constituted Board Of Governors Newly Appointed Trustee Representatives Newly Appointed Education & Library Board Representatives Newly Appointed Department Representative Existing elected Teacher Representative Existing elected Parent Representative Principal (Non-voting)

AGENDA

1. Election of temporary Chairperson: Proposed and Seconded.

2. Election of temporary Vice-Chairperson: Proposed and Seconded.

3. Circulation of the Scheme of Management.

(Note): Each member should have a copy of the Scheme.

4. Apologies.

5. Arrangements for election of Teacher Governor(s) (see Annex 3).

(Note): The existing Teacher Governor(s) should remain in post until the election(s) of their

successors has taken place.

6. Arrangements for election of Parent Governor(s) (see Annex 2).

(Note): The existing Parent Governor(s) should remain in post until the election(s) of their

successors has taken place.

7. A copy of Unit 1 of “Life to the Full” should be distributed.

8. Signing of Declaration of Acceptance of Office, (see Annex 5).

9. The Principal should complete the Summary of Membership of the Board of Governors (Annex 6) at

the first meeting of the newly constituted Board of Governors. Note: The names of the

Chairperson, Vice-Chairperson and Secretary should be notified to the local Diocesan Education

Office, the Department of Education and the Education & Library Board once the Board of

Governors has been fully reconstituted and the parent and Teacher Governors have been

appointed.

NB: Copies of the minutes of each meeting should be forwarded to the local

Diocesan Education Office and Education & Library Board within one month of a Board of Governors meeting having taken place.

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ANNEX 5

Declaration Of Acceptance of Membership

I, , declare that I accept membership of the Board of Governors of School in accordance with the terms of Scheme of Management (2005) regulating the membership, procedure and functions of the said Board of Governors. In making this declaration I hereby affirm that throughout my period of service I will act in accordance with the Nolan Principles of Conduct Underpinning Public Life (reproduced overleaf), and that specifically I will:

• Acknowledge, respect and contribute to the ethos of the school;

• Acknowledge, respect and act on the policies of the School’s Trustees, Department of Education, and Education and Library Board (Education and Skills Authority)

• Attend meetings regularly and be punctual;

• Contribute fully and positively to the work of the Board of Governors;

• Take all necessary steps to become fully informed about the school and about relevant issues;

• Act always in the interests of the school and its pupils; and

• Observe confidentiality when necessary in respect of Board of Governors’ business.

I further declare that:

• My acceptance of membership of this Board of Governors will not cause the total number of Board of Governors of grant-aided schools of which I am a member to exceed three;

• I am not disqualified from membership of the above Board of Governors under the terms of Article 6 of the Scheme of Management; and

• I hereby give my consent to a vetting check in accordance with the Department of Education’s arrangements currently in place.

(Signed) (Date)

Representing: Trustee /Trustee Parent / ELB / DE / Elected Teacher / Elected Parent / Principal (non-voting)

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The Nolan Principles of Conduct Underpinning Public Life

Selflessness Holders of Public office should take decisions solely in terms of the public interest. They should

not do so in order to gain financial or other material benefits for themselves, their family, or their

friends.

Integrity Holders of public office should not place themselves under any financial or other obligation to

outside individuals or organisations that might influence them in the performance of their official

duties.

Objectivity In carrying out public business, including making public appointments, awarding contracts, or

recommending individuals for rewards and benefits, holders of public office should make

choices on merit.

Accountability Holders of public office are accountable for their decisions and actions to the public and must

submit themselves to whatever scrutiny is appropriate to their office.

Openness Holders of public office should be as open as possible about all the decisions and actions that

they take. They should give reasons for their decisions and restrict information only when the

wider public interest clearly demands.

Honesty Holders of the public office have a duty to declare any private interests relating to their public

duties and to take steps to resolve any conflicts arising in a way that protects the public interest.

Leadership Holders of public office should promote and support these principles by leadership and example.

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ANNEX 6

Summary of Membership

Name of School: School Ref No: Address:

Governor Name Representing

1 _______________________ Trustees

2 _______________________ Trustees

3 _______________________ Trustees

4 _______________________ Trustees__

5 _______________________ The Department __

6 _______________________ The Board ___

7 _______________________ The Board ___

8 _______________________ Teachers ___

9 _______________________ Parents

10 _______________________ Principal (Non-Voting)_

Name of Chairperson: Name of Vice-Chairperson: Name of Secretary:

0