Highlands College: Constitution of the Governing Body

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 14 March 2011:

Decision Reference: MD-ESC-2011-0007
Decision Summary Title):	Changes to Highlands College Governing Body Constitution		Date of Decision Summary:	7th February 2011
Decision Summary Author:	Assistant Director : Culture & Lifelong Learning		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title:	Changes to Highlands College Governing Body Constitution		Date of Written Report:	6th January 2011
Written Report Author:	Assistant Director : Culture & Lifelong Learning		Written Report : Public or Exempt?	Public
Subject: Amendments to the Constitution of Highlands College Governing Body
Decision(s): The Minister for Education, Sport & Culture agreed that the Constitution of the Governing Body of Highlands College should be amended to take account of changes in the responsibilities of Governors arising from the decision to create a ‘single employer’ for all States employees, including Highlands College lecturers.
Reason(s) for Decision: To clarify the revised powers and responsibilities of the Governing Body in light of diminished responsibilities for teaching staff brought about by the creation of a single employment board for all States employees.
Resource Implications: There are no financial or manpower issues.
Action required: Inform Highlands College Governing Body of Ministerial approval.
Signature:		Position: Minister for Education, Sport and Culture
Date Signed:		Date of Decision:

Highlands College: Constitution of the Governing Body

Education, Sport and Culture Department Report
Subject:	Highlands College : Constitution Of The Governing Body

Author:	David Greenwood : Assistant Director

1: Background

The current constitution of Highlands College Governing Body has been out of date for some time. The original constitution contained provisions for governors to determine the management structure of the~~thee~~ College and negotiate salaries and conditions of service for staff.

The current constitution and the proposed amended constitution are attached as Appendix 1 & 2 respectively.

Much of these functions ceased when, in order to gain parity with teachers on salaries, the lecturers professional association gave up their rights to negotiate separate salary agreements and.

~~Since that time also,~~ the role of ‘employer’ ~~has~~ moved from the Education Committee to the States Employment Board.

In order to reflect these changes and also to take account of other changes a revised draft constitution has been prepared. The following table highlights the changes proposed in the new draft.

CURRENT CONSTITUTION	REVISED CONSTITUTION
Responsibilities regarding pay negotiations	Deleted
References to Education Committee	References to Minister
Definition of College responsibilities	Closer definition of conduct and mission
Appointments and periods of office	Longer renewable appointments to enable the College to trawl through a greater number of experienced governors when seeking to appoint the chair of Governors or chairs of sub- committees.
Employment of Principal	Closer description of accountability of the Principal – reference to SEB as the ‘employer’.

The requirement for a Governing Body for the College is detailed in the Education (Jersey) Law 1999 article 57. The specific requirements for a Governing Body for Highlands College are dealt with in Section 4 of the Schedule.

2: Recommendations

The Minister ~~SMT~~ is requested to

approve~~recommend that the Minister approves~~ the adoption of the revised~~new~~ constitution;

instruct officers to undertake the necessary work to make the necessary amendments to the Education (Jersey) Law 1999.

Constitution of the Governing Body

March 2001

Contents

		Page
1.	Conduct and Mission of Highlands College	3

2.	Responsibilities of the Governing Body	3

3.	Responsibilities of the Principal	3

4.	Academic Board	4

5.	Membership of the Governing Body	4

6.	Appointments to the Governing Body	4

7.	Resignation/Removal/Suspension of Governors	5

8.	Appointment of Chairman and Vice-Chairman	5

9.	Appointment of the Clerk to the Governing Body	5

10	Delegation of Functions and Committees	6

11	Pay Review Body	7

12	Meetings	7

13	Quorum	8

14	Proceedings of Meetings	8

15	Minutes	8

16	Standing Agenda items	9

17	Public Access to Meetings and Freedom of Information	9

18	Pecuniary/Personal and other Interests	9

19	Payment of Expenses	9

20	The College Inspector/Advisor	9

21	Academic Freedom	10

22	Appointments and Promotion of Staff	10

23	Conduct of Staff	10

24	Discipline of Staff	10

25	Grievance Procedures	11

26	Students	11

Note: In this Constitution "he" refers to both genders and no discriminatory intent should be inferred

1. CONDUCT AND MISSION OF HIGHLANDS COLLEGE

1. The conduct of Highlands College is determined by the Education (Jersey) Law 1999, and any acts passed by the Education Committee.

2. The mission of Highlands College is to provide high quality lifelong learning opportunities, which enhance student achievement and bring personal and economic success.

2. RESPONSIBILITIES OF THE GOVERNING BODY

The Governing Body of Highlands College is a body corporate and shall be responsible within the framework laid down by the Education Committee:

for determining the character, mission and activities of the College, and ensuring that it responds to the education and training needs of the Jersey community and its people.

for representing the interests of the College

for approving annual estimates of expenditure, and for the setting of fees and the raising of additional income;

for determining the management structure of the college and participating in the negotiations of salaries and conditions of service as appropriate and in implementing their outcomes;

for exercising disciplinary and grievance procedures in relation to the staff of the College;

for producing such reports and plans as required by the Education Committee;

for reviewing the extent to which the College is achieving its mission.
for monitoring the quality of provision and the standards achieved by students.

3. THE RESPONSIBILITIES OF THE PRINCIPAL

Subject to the responsibilities of the Governing Body, the Principal as Chief Executive of the College shall be responsible

for making proposals to the Governing Body about the educational character and mission of the College and for implementing the decisions of the Governing Body;

for the organisation, direction and management of the College and leadership of its staff;

for the appointment, assignment, appraisal and discipline of staff in accordance with the framework laid down by the Education Committee and the Governing Body, and for negotiating such matters of pay and conditions of services as are required by the Education Committee and the Governing Body;

for determining the curriculum and the academic programme of the College in consultation with industry and commerce as necessary;

for preparing annual estimates of income and expenditure for consideration and approval by the Governing Body, and for the management of the budget and resources, within the estimates approved by the Governing Body;

for the admission of students and the maintenance of student discipline, and for decisions to expel students for academic reasons within procedures approved by the Governing Body.

4. ACADEMIC BOARD

The Governing Body shall have the power to constitute an academic board or similar body(ies) to provide a forum for academic discussion and debate.

5. MEMBERSHIP OF THE GOVERNING BODY

(a) The Governing Body of Highlands College shall consist of:

(i) seven persons representative of the interests of industry and commerce, one of whom may be an employee of the States of Jersey or any administration thereof and may be involved in the provision of health and social services (to be known as “Industry and Commerce Governors”);

(ii) one member of Education Committee (to be known as “the Nominated Governor”);

(iii) one member of staff of the College elected by the staff (to be known as “the Staff Governor”);

(iv) such other persons as may be co-opted by the Governing Body (to be known as “Invited Governors”);

(b) The Principal, as Chief Executive of the College, shall attend such meetings of the Governing Body when required to do so;

(d) The Attorney General or persons nominated by him for the purpose, may attend meetings of the Governing Body;

6. APPOINTMENTS TO THE GOVERNING BODY AND PERIOD OF NOTICE

(a) The Industry and Commerce Governors shall nominate suitable persons to fill vacancies for Industry Governors, for approval by the Governing Body. The Governing Body shall nominate suitable persons to become Invited Governors. A Search Committee will normally be constituted to seek out suitable persons who may be nominated for vacancies. The Search Committee may publicly advertise to find suitable candidates to fill vacancies.

(b) The Staff Governor shall be elected by the full-time and associate members of the staff of the College.

(d) An Industry and Commerce Governor may not be re-elected as such on more than two successive occasions (a maximum of three terms [6 years]). This shall not apply where, at the time of re-election the Governor holds office as Chairman or Vice-Chairman.

7. RESIGNATION/REMOVAL/SUSPENSION OF GOVERNORS

(a) A Governor may resign by tendering his resignation in writing to the Chairman.

(b) A Governor may be removed from office by the other members of the Governing Body if, without prior consent of the Chairman, he fails to attend two consecutive meetings of the Governing Body.

(c) Except in the case of the Nominated Governor, a Governor may, for good and urgent cause, be suspended or removed from office by the other members of the Governing Body or by the Education Committee.

8. APPOINTMENT OF THE CHAIRMAN AND VICE-CHAIRMAN

(a) The Governing Body shall appoint a Chairman and a Vice-Chairman from amongst their number.

(b) Only Industry and Commerce Governors are eligible for the offices of Chairman and Vice-Chairman.

(c) The Chairman and Vice-Chairman shall normally hold their office for up to two years and for no more than three years.

(d) The Chairman or Vice-Chairman may be re-elected as such once only.

(e) Upon vacating the office of Chairman or Vice-Chairman, an Industry and Commerce Governor may be re-elected as such once only.

(f) If both the Chairman or Vice-Chairman are absent from any meeting of the Governing Body, the members present shall choose one of their number to act as Chairman, providing that the member chosen is not the Staff Governor.

9. APPOINTMENT AND DUTIES OF THE CLERK TO THE GOVERNING BODY

(a) The Governing Body shall appoint a person to serve as Clerk to the Governing Body, who shall report to the Chairman of Governors for his duties as Clerk.

(b) The Clerk shall be entitled to attend all meetings (including meetings of any Committee), to take minutes and to provide the Governors with advice, but will withdraw from any part of the meeting where matters pertaining to him are discussed.

Advise the Governing Body on all matters or procedure and policy relating to their powers and responsibilities.
Prepare all necessary agendas, minutes and papers for the Governing Body and its committees.

Organise any additional events and meetings required by the Governing Body

Transmit all acts of the Governing Body to the Education Committee and other appropriate bodies

Undertake all other reasonable duties in connection with the operation of the Governing Body as the Governing Body may require.

10. DELEGATION OF FUNCTIONS AND COMMITTEES

(a) The Governing Body may establish such committees as it deems fit and may delegate powers to such a committee or to the Chairman of the Governing Body or to the Principal. The Governing Body shall not, however, delegate the following:

the determination of the educational character and mission
approval of the annual estimates of income and expenditure
the appointment of the Principal
the modification or revocation of the Constitution

(b) The Governing Body shall establish appropriate committees, including:

A Finance Committee to monitor the planning and use of funds and advise the Governing Body on financial matters, and to produce finance statements for each Governing Body meeting and an annual statement of account for the approval of the Board;

A Remuneration Committee to be responsible for the determination of pay and conditions of service of staff, as appropriate. The Committee may, when necessary, be constituted with members from the Education and Human Resources Departments;

A Jersey Business School Executive to oversee the operation and finances of the Jersey Business School;

A Standards Committee to oversee academic and other standards in the College, including the achievement of students;

A Special Committee, which may be constituted to hear disciplinary or other matters related to the conduct of staff or students;

A Search Committee to seek suitable persons who may be nominated to fill vacancies on the Governing Body;

(c) The Governing Body has the power to form an Audit Committee to consider matters relating to audit and value for money.

(d) The number of members of any committee established under this article and the terms on which they hold and vacate office shall be determined by the Governing Body.

(e) Any committee established by the Governing Body may include persons who are not members of the Governing Body. Such persons shall be nominated by the Governing Body.

11. PAY REVIEW BODY

(a) A Pay Review Body shall be established to determine the salary of the Principal under delegated authority of the Education Committee and the Governing Body. The membership is the Chairman and Vice-Chairman of the Governing Body and the Director of Education.

(b) When determining the salary of the Principal the Pay Review Body shall

i) review the performance of the Principal in the light of the following criteria:

 the responsibilities of the post

 whether the post is difficult to fill

 whether there has been sustained high performance in the light of the criteria set through the Governing Body’s scheme for performance review and appraisal

ii shall ensure that the salary determined is not lower than the minimum and subject to iii), not higher than the maximum of the range specified

iii may, if it is satisfied that no salary payable to the Principal under ii) is adequate, having regard to the duties, responsibilities or performance of the Principal, or the circumstances of the College, determine that he shall be paid such higher salary as it considers appropriate.

12. MEETINGS

(a) The Governing Body shall meet at least once in every term, and hold such meetings as may be necessary.

(b) All meetings shall be summoned by the Clerk to the Governors, who at least seven calendar days before the date of the meeting shall ensure that members receive written notice of the meeting and a copy of the proposed agenda.

(c) A special meeting of the Governing Body may be called at any time by the Chairman, or at the request of any three members. Where the Chairman, or in his absence, the Vice-Chairman, so directs on grounds that there are matters demanding urgent consideration, it shall be sufficient if the written notice convening the meeting and the proposed agenda are given within such a period, being less than the seven days, as he specifies.

13. QUORUM

(a) Meetings of the Governing Body shall be quorate when at least four members are present.

(b) If the number of members assembled for a meeting of the Governing Body does not constitute a quorum, the meeting shall not be held. If, in the course of a meeting of the Governing Body, the number of members present ceases to constitute a quorum, the meeting shall terminate forthwith.

(c) If for lack of a quorum a meeting cannot be held, or as the case may be, cannot continue, the Chairman shall, if he thinks fit, cause a special meeting to be summoned as soon as conveniently may be.

14. PROCEEDINGS OF MEETINGS

(a) Every question to be decided at a meeting of the Governing Body shall be determined by a majority of votes of the Governors present and voting on the question. Where there is an equal division of votes the Chairman of the meeting shall have a second or casting vote, which shall be cast for the status quo.

(b) A member may not vote by proxy or by way of a postal vote.

(c) No resolution of the members may be rescinded or varied at a subsequent meeting unless consideration of the rescission or variation is a specific item of business on the agenda of that meeting.

15. MINUTES

(a) At every meeting of the Governing Body the minutes of the last meeting shall be taken as an agenda item and, if agreed, to be accurate, these minutes shall be signed as a true record.

(b) Separate minutes shall be taken of those parts of meetings from which the Clerk to the Governors or staff members have withdrawn. The Clerk or staff members who have withdrawn shall not be entitled to see the minute of that part of the meeting or any papers in relation thereto.

16. STANDING AGENDA ITEMS

There shall normally be the following standing items on the agenda for all Governing Body meetings, except for those called in exceptional circumstances. These standing items are:

minutes of the previous meeting
matters arising from the previous meeting
Principal’s report
summary of the College’s complaints register
health and safety report
financial report
reports of sub-committees

17. PUBLIC ACCESS TO MEETINGS AND FREEDOM OF INFORMATION

(a) The Governing Body may decide to open meetings to members of staff who are not governors, or to members of the public.

(b) The Governing Body shall determine how best to communicate its proceedings and decisions and to make available details of its proceedings while recognising legitimate needs for confidentiality in accordance with States' policy on Freedom of Information.

18. PECUNIARY/PERSONAL AND OTHER INTERESTS

(a) Every member of the Governing Body shall act in the best interests of the College and accordingly shall not be bound in speaking and voting by mandates given to him by any other person or body.

(b) Members of the Governing Body who have a personal and/or pecuniary interest in any matter under discussion shall declare that interest and will refrain from taking part in that part of the meeting and in voting on matters pertaining to it.

(c) The Staff Governor may be required by other members of the Governing Body to withdraw when the Governing Body is discussing any matter concerning the appointment and the terms and conditions of employment, including the remuneration of or any disciplinary matter concerning all or any members of the staff, including the Principal, and shall not have a vote on any decision concerning the matter.

19. PAYMENT OF EXPENSES

Governors shall not be entitled to any remuneration, but reasonable expenses by members may be claimed.

20. THE COLLEGE INSPECTOR/ADVISOR

The Governing Body may decide on the appointment of an external Inspector or Advisor who shall provide them with impartial advice and report on the academic performance and standards of the College. The College Inspector/Advisor will normally present his annual report to the Standards Committee.

21. ACADEMIC FREEDOM

In making the rules about the conduct of staff the Governing Body shall have regard to the need to ensure that the academic staff of the College have freedom within the law to question and test received wisdom and to put forward new ideas and controversial academic opinions.

22. APPOINTMENTS AND PROMOTION OF STAFF

(a) For appointments, which the Governing Body determines as senior staff, which shall include the Principal and Deputy Principal, the Governing Body shall, after consultation with the Director of Education, determine the appropriate selection and appointments procedure.

(b) The appointments panel for senior staff shall normally consist of the Chairman of the Governing Body, at least two other Governors, one of whom shall be the nominated Governor, the Principal, except when his post is being considered, and advised by the Director of Education or his nominated representative, as appropriate. The President of Education shall be a member of the panel for the appointment of the Principal.

(c) For other appointments the Principal shall, within the policies determined by the Education Committee and the Governing Body, determine the appropriate appointment and selection procedures.

(d) The appointment of full and part-time staff shall be subject to such Conditions of Service as may have been determined by the Governing Body and the Education Committee.

23. CONDUCT OF STAFF

After consultation with the staff, the Governing Body may make rules relating to the conduct of staff.

24. DISCIPLINE OF STAFF

(a) The Principal shall have the power to suspend on full pay any member of the College staff for good and urgent cause. The Principal shall notify the Chairman of Governors as soon as practical in writing, of his decision. The Chairman shall decide on what further action to take, including the establishment of a Special Committee to hear the matter.

(b) Following a meeting of the Special Committee, the Governing Body shall have the power to recommend to the Director of Education, the dismissal of any member of staff. The Staff and Nominated Governors shall not be members of the Special Committee.

(d) The Chairman, or in his absence, the Vice-Chairman, may suspend from duty on full pay, the Principal for good and urgent cause. The Chairman shall report his action as soon as practical, in writing, to the Governing Body and the Director of Education.

(e) The Chairman, or in his absence, the Vice Chairman, shall have the power to convene a Special Committee to consider further action that may follow the suspension of the Principal. The Staff and Nominated Governors shall not be members of the Special Committee. The Special Committee may recommend to the Director of Education, the dismissal of the Principal.

(f) The Principal shall have a right of appeal to the Education Committee should his dismissal be sought by the Director of Education.

25. GRIEVANCE PROCEDURES

The Governing Body shall adopt the Education Committee's grievance policy and procedures.

26. STUDENTS

(a) The Governing Body may empower the students of the College to form an association to represent their views and interests, and to develop a Constitution so that the association can properly conduct its affairs.

(b) The Governing Body may make policy on the best means by which the proper concerns and interests of the students can be communicated to the Governing Body and the managers of the College. The Governing Body shall consider the most appropriate method of dealing with complaints made by students.

(d) The Principal shall have the power to suspend or dismiss a student for good or urgent cause. Such cases shall be communicated promptly in writing to the Chairman of Governors. Students shall have a right of appeal against dismissal to a Special Committee of the Governing Body.

Constitution of the Governing Body

October 2010

Contents

1	Conduct and Mission	3

2	Responsibilities of the Governing Body	3

3	Responsibilities of the Principal	3

4	Academic Board	4

5	Membership of the Governing Body	4

6	Appointments to the Governing Body and Period of Office	4

7	Resignation/Removal/Suspension of Governors	5

8	Appointment of Chairman and Vice-Chairman	5

9	Appointment of the Clerk to the Governing Body	5

10	Delegation of Functions and Committees	6

11	Meetings	6

12	Quorum	6

13	Proceedings of Meetings	7

14	Public Access to Meetings and Freedom of Information	7

15	Standing Agenda Items	7

16	Pecuniary/Personal and Other Interests	7

17	Payment of Expenses	8

18	Appointments of the Principal and Senior Staff	8

19	Students	8

1. CONDUCT AND MISSION

1. The conduct of Highlands College is determined by the Education (Jersey) Law 1999, and decisions made by the Minister for Education, Sport and Culture.

2. The mission of Highlands College is to provide high quality lifelong learning opportunities, which enhance student achievement and bring personal and economic success.

3 To fulfil its mission Highlands College provides programmes of study in the following areas:

full-time education;
further education for industry and commerce, including apprenticeships;
higher education;
adult education;
community education;
special needs vocational education;
partnership education with schools.

2. RESPONSIBILITIES OF THE GOVERNING BODY

1. The Governing Body of Highlands College is a body corporate and shall be responsible within the framework laid down by the Minister for Education, Sport and Culture for the oversight of the performance of the College.

2. The Governing Body’s role is to represent and promote the interests of the College and will have responsibility for overseeing, approving and advising on:

the achievement of the mission of the College;
the strategic direction of the College and its curriculum through strong partnerships with industry stakeholders, the wider community, partner universities and Skills Jersey;
the quality strategy, monitoring standards of performance, appeals and complaints, and ensuring that the College has a culture of self-improvement,
annual estimates of income and expenditure, the level of fees, the raising of additional income and ensuring the efficient and effective use of resources.

3. The Governing Body shall be able to take such reasonable steps and deploy such resources, as can be identified by the Principal, as are necessary to fulfil the above responsibilities

3. THE RESPONSIBILITIES OF THE PRINCIPAL

1. Subject to the responsibilities of the Governing Body, the Principal, who is employed by the States of Jersey Employment Board and accountable to the Director of Education, Sport and Culture (DfESC), shall be the Chief Executive, of the College and shall be responsible for the following functions:

the strategic direction of the College;
the leadership, management and organisation of the College;
the design of the curriculum and the delivery of learning and teaching;
the delivery of the quality strategy, and the maintenance of high standards of performance in line with the Professional Partners programme of the DfESC;
the appointment, assignment, development, appraisal and discipline of staff, and for negotiating on academic staff conditions of services in accordance with the framework laid down by the States of Jersey;
the admission of students and the maintenance of student discipline, and for decisions suspending or excluding students on disciplinary grounds or expelling students for academic reasons within the framework laid down by the DfESC;
preparing annual estimates of income and expenditure for consideration by the Governing Body, and for the management of the budget and resources, within the estimates approved by the Governing Body and within the framework laid down by the States of Jersey;
keeping the Governing Body informed about the performance to the College and other matters of strategic importance.

4. ACADEMIC BOARD

1. The Governing Body shall have the power to constitute an academic board or similar body(ies) to provide a forum for academic discussion and debate thus ensuring that the staff of the College have freedom within the law to question and test received wisdom and to put forward new ideas and controversial academic opinions.

5. MEMBERSHIP OF THE GOVERNING BODY

1. The membership of the Governing Body shall consist of up to twelve persons representative of the interests that the College serves, including knowledge of the industries and communities of the Island and the interests of the students, who have the necessary skills to ensure that the Governing Body can carry out its functions (to be known as Representative Governors).

The membership of the Governing Body will include the following:

i one person nominated and elected by the staff of the College who shall represent the views of staff and students (to be known as the Staff Governor);

one person, nominated by the Department of Education, Sport and Culture, who is the College’s Professional Partner (to be known as the Nominated Governor); and
The Governors may from time to time co-opt persons to the Governing Body for specific purposes.

6. ATTENDANCE AT MEETINGS OF THE GOVERNING BODY

i The Principal as Chief Executive of the College shall attend meetings of the Governing Body;

ii The Minister and Assistant Ministers for Education, Sport and Culture may attend meetings of the Governing Body;

iii The Director of Education, Sport and Culture, or persons nominated by him for the purpose, may attend meetings of the Governing Body;

iv The Attorney General, or persons nominated by him for the purpose, may attend meetings of the Governing Body.

7. APPOINTMENTS TO THE GOVERNING BODY AND PERIOD OF OFFICE

1. The Governors shall nominate suitable persons to fill vacancies for Representative Governors, for approval by the full Governing Body. A Search Committee will normally be constituted to seek out suitable persons who may be nominated for vacancies. The Search Committee may publicly advertise to find suitable candidates to fill vacancies.

2. Representative Governors shall hold office for a period of 5 years. Governors may be re-elected once (a maximum of 10 years).

3. A Governor who holds the office of Chairman or Vice-Chairman may serve for a period exceeding 10 years in order to complete their term of office.

4. The Staff Governor shall be elected by the full-time and associate members of the staff of the College for a three year term of office and may be re-elected once (a maximum of 6 years).

8. RESIGNATION/REMOVAL/SUSPENSION OF GOVERNORS

1. A Governor may resign by tendering his resignation in writing to the Chairman.

A Governor may be removed from office by the other members of the Governing Body if, without prior consent of the Chairman, he fails to attend two consecutive meetings of the Governing Body;
A Governor may, for good and urgent cause, be suspended or removed from office by the other members of the Governing Body or by the Minister of Education, Sport and Culture.

9. APPOINTMENT OF THE CHAIRMAN AND VICE-CHAIRMAN

The Governing Body shall appoint a Chairman and a Vice-Chairman from amongst themselves.

Only Representative Governors are eligible to be Chairman and Vice-Chairman,

The Chairman and Vice-Chairman shall normally hold office for up to three years,

The Chairman and Vice-Chairman may be re-elected as such once only,

If both the Chairman and Vice-Chairman are absent from any meeting of the Governing Body, the members present shall choose one of their number to act as Chairman.

10. APPOINTMENT AND DUTIES OF THE CLERK TO THE GOVERNING BODY

The Governing Body shall appoint a person to serve as Clerk to the Governing Body, who shall report to the Chairman of Governors for his duties as Clerk.

The Clerk shall be entitled to attend all meetings (including meetings of any Committee), to take minutes and to provide the Governors with advice, but will withdraw from any part of the meeting where matters pertaining to him are discussed.
The Clerk shall have the following duties:

Advise the Governing Body on all matters or procedure and policy relating to their powers and responsibilities;
Prepare all necessary agendas, minutes and papers for the Governing Body and its committees;
Organise any additional events and meetings required by the Governing Body;
Transmit all acts of the Governing Body to the DfESC and other appropriate bodies;
Undertake all other reasonable duties in connection with the operation of the Governing Body as the Governing Body may require.

11. DELEGATION OF FUNCTIONS AND COMMITTEES

The Governing Body may establish such committees as it deems fit and may delegate powers to such a committee or to the Chairman of the Governing Body or to the Principal

The Governing Body shall establish appropriate committees, which may include a:

Curriculum and Planning Committee to oversee developments in the curriculum and to ensure that the College is planning to meet the needs of its various client groups. In this connection, the Curriculum and Planning Committee will seek advice when appropriate from the Skills Board;
Standards Committee to oversee academic and other standards in the College, including the achievement of students;
Finance and Audit Committee to monitor the planning and use of funds and advise the Governing Body on financial matters, and to produce finance statements and consider any matters relating to reports from auditors;
A Special Committee, which may be constituted to hear disciplinary or other matters related to the conduct of staff or students;
A Search Committee to seek suitable persons who may be nominated to fill vacancies on the Governing Body;
The number of members of any committee established under this article and the terms on which they hold and vacate office shall be determined by the Governing Body;
Any committee established by the Governing Body may include persons who are not members of the Governing Body. Such persons shall be nominated by the Governing Body.

12. MEETINGS

The Governing Body shall meet at least once in every term, and hold such other meetings as may be necessary.

All meetings shall be summoned by the Clerk to the Governors, who at least seven calendar days before the date of the meeting shall ensure that members receive written notice of the meeting and a copy of the proposed agenda.

A special meeting of the Governing Body may be called at any time by the Chairman, or at the request of any three members. Where the Chairman, or in his absence, the Vice-Chairman, so directs on grounds that there are matters demanding urgent consideration, it shall be sufficient if the written notice convening the meeting and the proposed agenda are given within such a period, being less than the seven days, as he specifies.

13. QUORUM

Meetings of the Governing Body shall be quorate when at least six members are present of whom at least three shall be Representative Governors.

If the number of members assembled for a meeting of the Governing Body does not constitute a quorum, the meeting shall not be held. If, in the course of a meeting of the Governing Body, the number of members present ceases to constitute a quorum, the meeting shall terminate forthwith.

If for lack of a quorum a meeting cannot be held, or as the case may be, cannot continue, the Chairman shall, if he thinks fit, cause a special meeting to be summoned as soon as conveniently may be.

14. PROCEEDINGS OF MEETINGS

Every question to be decided at a meeting of the Governing Body shall be determined by a majority of votes of the Governors present and voting on the question. Where there is an equal division of votes the Chairman of the meeting shall have a second or casting vote, which shall be cast for the status quo.

A member may not vote by proxy or by way of a postal vote.

No resolution of the members may be rescinded or varied at a subsequent meeting unless consideration of the rescission or variation is a specific item of business on the agenda of that meeting.

15. PUBLIC ACCESS TO MEETINGS AND FREEDOM OF INFORMATION

The Governing Body may decide to open meetings to members of staff who are not governors, or to students and members of the public.

The Governing Body shall determine how best to communicate its proceedings and decisions and to make available details of its proceedings while recognising legitimate needs for confidentiality in accordance with States' policy on Freedom of Information.

16. STANDING AGENDA ITEMS

1. There shall normally be the following standing items on the agenda for all Governing Body meetings, except for those called in exceptional circumstances. These standing items are:

minutes of the previous meeting;
matters arising from the previous meeting;
committee reports;

17. PECUNIARY/PERSONAL AND OTHER INTERESTS

Every member of the Governing Body shall act in the best interests of the College and accordingly shall not be bound in speaking and voting by mandates given to him by any other person or body.

Members of the Governing Body who have a personal and/or pecuniary interest in any matter under discussion shall declare that interest and will refrain from taking part in that part of the meeting and in voting on matters pertaining to it.
The Staff Governor may be required by other members of the Governing Body to withdraw when the Governing Body is discussing any matter concerning the appointment and the terms and conditions of employment, including the remuneration of or any disciplinary matter concerning all or any members of the staff, including the Principal, and shall not have a vote on any decision concerning the matter.

18. PAYMENT OF EXPENSES

1. Governors shall not be entitled to any remuneration, but reasonable expenses by members may be claimed.

19. THE APPOINTMENT OF PRINCIPAL AND OTHER SENIOR STAFF

1. For the appointment of senior staff, which shall include the Principal and Deputy Principal, the Governing Body shall decide with the Director of Education, Sport and Culture the appropriate selection and appointments procedure.

20. STUDENTS

The Governing Body may empower the students of the College to form an association to represent their views and interests, and to develop a Constitution so that the association can properly conduct its affairs.

The Governing Body may make policy on the best means by which the proper concerns and interests of the students can be communicated to the Governing Body and the managers of the College. The Governing Body shall consider the most appropriate method of dealing with complaints made by students.

The Principal shall within the policy of DfESC make rules for the conduct of students, including procedures for their suspension and dismissal.

The Principal shall within the policy of DfESC have the power to suspend a student for good or urgent cause. Such cases shall be communicated promptly in writing to the Chairman of Governors who has the power to dismiss a student. Students shall have a right of appeal against dismissal to a Special Committee of the Governing Body.