BY-LAWS OF JOHNSON O'MALLEY INDIAN EDUCATION COMMITTEE
ARTICLE I
NAME
The name of this Committee shall be the Johnson O'Malley Indian Education Committee (JOM IEC).
ARTICLE II
PURPOSE
The purpose of Johnson O’Malley Indian Education Committee is to provide advice and input to the Central Consolidated School District School Board of Education for planning, development, implementation and evaluation of Johnson O'Malley programs. The JOM IEC is established under the Johnson O'Malley Act, in partnership with Central Consolidated School District (CCSD) being the Local Educational Agency (LEA).
ARTICLE III
POWERS AND DUTIES
The powers and duties of the JOM IEC shall be the following:
JOM IEC will participate fully in planning, development, implementation, and evaluation of the JOM program by performing the following duties: provide updates to the CCSD School Board regarding the JOM Program. Participate fully in planning, development, implementation and evaluation of the JOM program through an annual assessment, approve contracted services, and conduct program monitoring visits.
JOM IEC will conduct an annual needs assessment;
JOM IEC will conduct program monitoring through school site visits utilizing the CCSD JOM IEC classroom monitoring form;
JOM IEC will obtain and supply information on the views of Native American Indian parents and students concerning the unique educational and culturally related academic needs on Native American Indian students in the JOM program;
The Intercultural and Community Outreach Department (ICO) staff, Johnson O’Malley (JOM) program and District will utilize priority listing from the IEC needs assessment findings, school-site monitoring, views collected from parents and CCSD quantitative student data (academic gains, attendance, drop-out rates, graduation rates, school incident reports, etc.) to develop goals and objectives for CCSD JOM Educational Plan's Implementation Design, Evaluation Design and Budget Breakdown;
JOM IEC will review and approve all programs to be contracted and will provide advice and input to CCSD Board regarding the JOM Program;
JOM IEC will participate in contract negotiations concerning CCSD JOM Application and Educational Plan with the Navajo Nation;
JOM IEC will secure a copy of the negotiated contract;
JOM IEC will have access to all reports, evaluations, surveys, program and budget related documents determined necessary to carry out responsibilities; and
No program contracted pursuant to this part shall be changed from the time of its original approval by the IEC to the end of contract period without prior written IEC approval. Any amendments must be presented at a duly called meeting of the IEC as an Action Item on the agenda and documented in the official meeting minutes.
Conduct program monitoring through 2 school site visits (ensuring that each region is equally represented); one in the fall and one in the spring; utilizing the CCSD IEC classroom monitoring form. Data collected through monitoring visits will lend recommendations to the ICO department and JOM application budget proposals;
Obtain and supply information on the views of Native American Indian parents and students concerning the unique educational and culturally related academic needs of Native American Indian students in the JOM program;
Establish priorities based upon the JOM Family Survey needs assessment to develop the JOM Application and Educational Plan;
Provide JOM IEC reports to assigned represented schools; once in fall and once in spring;
Any of the IEC members who volunteer can serve on district school Equity Council as a parent representative
JOM IEC will hear grievances related to the programs in the educational plan. Act as a hearing committee for any individual who may wish to propose revisions or to file grievances regarding District's JOM funded programs;
JOM IEC will review and recommend curricula, including texts, materials, and teaching methods used in JOM programs;
Each member shall receive copies of each JOM negotiated contract approved by JOM IEC and by CCSD as Subcontractor;
Recommend to the Commissioner of Indian Affairs through appropriate Navajo Nation JOM contracting officer, cancellation or suspension of a contract(s), which contains program(s) approved by JOM IEC and CCSD Board, if the contractor fails to permit the JOM IEC to exercise its powers and duties;
Each member shall fully participate in negotiating CCSD JOM contract with Navajo Nation;
Each member shall receive copies of reports, evaluations, surveys, other program and budget-related documents determined necessary by JOM IEC to carry out its responsibilities;
No JOM IEC member may participate in any committee action when a member of his/her immediate family is in a JOM-funded position;
All JOM IEC members must be given prior formal authorization at a duly called meeting, with a motion and a second recorded in the minutes, to represent or speak on behalf of the IEC;
JOM IEC shall exercise its authority only during duly called IEC meetings;
JOM IEC members shall not act or speak on behalf of the JOM IEC as an individual. JOM IEC members may continue to speak as parents;
JOM IEC members are expected to attend all meetings in its entirety in order to fully participate in the discussion to cast a vote; participation can be by phone, zoom, or in person;
JOM IEC members shall receive training to gain knowledge, skills of JOM IEC role and responsibilities;
Hold regular and special IEC meetings scheduled per approved bylaws, which are open to the public; and
JOM IEC members shall participate in at least one public hearing and tribal consultation that is organized and hosted by CCSD to address needs of the program such as student achievement reports and parent input.
ARTICLE IV MEMBERSHIP
SECTION 1: MEMBERSHIP OF JOM IEC
Eligible Members
A minimum of three (3), but no more than nine (9) members shall constitute the membership of the JOM IEC. Depending on availability, parent representatives from each CCSD region based on enrollment of combined schools are eligible to be committee members. See also section C below.
Parents from South Area (Newcomb Elementary, Newcomb Middle School, Newcomb High School, Naschitti);
Parents from Shiprock Area (Nizhoni Elementary, Mesa Elementary, Eva B. Stokely, Tse Bit’ai Middle School, Shiprock High School, Career Prep High School) and
Parents from Kirtland/Ojo Area (Kirtland Elementary School, Judy Nelson Elementary School, Kirtland Middle School, Kirtland Central High School, Ojo Elementary School);
Parent from Dream Diné Charter School.
Election Process to select members:
Nominations and Elections will take place in May;
Each school in the district will have nominations open for three (3) days. Nomination forms and information will be sent home with students. Nomination forms will be returned by paper to the school secretary by the deadline set by ICO;
Elections will be held in May and will be open for 1 week;
Submitted votes will be counted by respective Principals and School Secretaries;
Names will be submitted to ICO by each school of winning candidates if there are any;
Candidates will be notified of their results and they will be asked if they will take their position. If they decline, the process will repeat; and
Elected officials will begin from July through June.
Parent representative (committee member) is any person who is the parent/legal guardian or person acting in loco parentis (as verified by legal guardianship documents and/or notarized statement of full custody) of a Native American Indian student who possesses a Certificate of Indian Blood (ClB) on file and is currently enrolled in CCSD. Documentation must be provided to the CCSD ICO and will become part of the official record of that member;
School Administrators and school officials who are employed with CCSD may not serve as voting members on the JOM IEC;
The term of IEC membership is 4 years. IEC members may serve more than one (1) term.
A Conflict of Interest Disclosure Form must be completed and on file for all JOM IEC members.
CONFLICT OF INTEREST DISCLOSURE FORM
THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR, WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS ANY FAMILY MEMBER EMPLOYED ON THE IEC.
“Contract” means any agreement for the procurement of items of tangible personal property, services, professional services, or construction.
“Family Member" means spouse, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, sister-in-law.
“Person” means any corporation, partnership, individual, joint venture, association of any other private legal entity.
SECTION 2: VOTING RIGHTS
Each parent (school representative) JOM IEC member is entitled to one (1) vote on JOM IEC matters.
SECTION 3: ATTENDANCE
All JOM IEC members are expected to attend each meeting and stay for the entire meeting. See Article III, Section Q. An absence will be excused if a member contacts the ICO and/or JOM IEC Officers prior to the meeting or retroactively in case of emergency. An unexcused absence is one in which the IEC member fails to contact the ICO and/or JOM IEC Officers with a valid excusal as described in this paragraph. There will be a 15-minute grace time for an IEC meeting; Should an IEC member go over the allotted grace time or fail to be present for at least 60% of the meeting then he/she will not receive their stipend.
SECTION 4: TERMINATION OF MEMBERSHIP
Any member may be terminated from membership during a duly called regular JOM IEC meeting for any of the listed reasons below. Termination will be approved by a majority vote of the JOM IEC.
The member who does not attend meetings and stay for entire meetings, (regular, special meetings, work and training sessions) of the JOM IEC for three (3) inexcusable consecutive meetings;
The member who no longer wishes to serve on JOM IEC, must submit a letter of resignation with a copy provided to their respective schools; and
A member will be terminated if the parent representative JOM IEC member's child is no longer enrolled in CCSD.
ARTICLE V
OFFICERS AND DUTIES
SECTION 1: IEC OFFICERS
Officers of JOM IEC will be the President, Vice-President and Secretary.
SECTION 2: ROLES AND RESPONSIBILITIES OF OFFICERS
PRESIDENT
The President shall perform all duties incidental to the President and such other duties as may be prescribed by JOM IEC from time to time. The President shall act on behalf of JOM IEC, recorded by motion of JOM IEC. Specific duties are:
To preside over all general meetings;
Prepare the meeting agendas in conjunction with the ICO Staff;
Sign on behalf of JOM IEC, all letters, reports and other committee documents as required with authority given by JOM IEC to do so; and
The President may appoint a JOM IEC member to serve as Vice-President or Secretary when the elected Vice-President or Secretary he/she is not available.
VICE-PRESIDENT
The Vice-President shall:
Assume the role of the President in his/her absence;
Ensure that JOM IEC membership is consistent with the federal regulations;
Arrange for speakers and special programs; and
Shall perform such other duties as may be prescribed by the committee from time to time.
SECRETARY
The Secretary shall:
In conjunction with ICO will distribute to JOM IEC prior to meetings the following:
Staff reports;
The minutes of the previous committee meeting;
Record and type minutes of regular and special meetings;
Provide minutes to JOM IEC and to other persons JOM IEC may indicate;
Ensure all notices are given in accordance with bylaws provisions; and
Keep a current list of the addresses, e-mails, and telephone numbers of each JOM IEC member and that the JOM IEC Secretary have access to contract information.
Secretary shall perform other duties as prescribed by JOM IEC from time to time; and
The Secretary, in three (3) days shall provide the JOM IEC meeting minutes to ICO.
ICO shall maintain minutes of official JOM IEC meetings. JOM IEC Secretary, along with ICO shall have full responsibility to provide copies of previous meeting minutes to JOM IEC members.
SECTION 3: ELECTION OF IEC OFFICERS
Election of JOM IEC officers shall be held during a duly called, regular meeting announced to the public via newspaper, radio, newsletter, or letter, internet, social media, and website.
JOM IEC officers shall be nominated and elected at the meeting by JOM IEC members.
SECTION 4: TERMS OF IEC OFFICERS
The JOM IEC will elect three (3) officers. Officers will be President, Vice-President and Secretary. The officers will be elected on an annual basis and serve one (1) year. Election will take place at a duly called regular meeting of the school year. Officers may be re-elected to serve more than one (1) year.
SECTION 5: VACANCY
If the position of President should become vacant, the Vice-President will assume the role of the President. The JOM IEC shall elect a new Vice-President from among the JOM IEC members.
Any JOM IEC membership vacancy shall be filled by majority vote of the board for the remaining term of the vacant position, provided that an eligible replacement must comply with Article IV, Section 1(A), (C), (D) and (F).
ARTICLE VI
MEETINGS OF THE JOM IEC
SECTION 1: MEETING REQUIREMENTS
The JOM IEC regular meeting schedule will be developed one (1) school year in advance, per the New Mexico Open Meetings Act requirements, and with approval from CCSD School Board of Education.
The JOM IEC members will submit suggested agenda items to the President at least five (5) days prior to a scheduled meeting.
The President or Vice-President will submit all agenda items to ICO at least three (3) days prior to the scheduled meeting.
ICO will post a press release no less than three (3) days prior to the meeting in a local newspaper by fax, e-mail, and CCSD website, pop-up email, school site monthly calendars, and Robo calls if needed.
SECTION 2: REGULAR MEETINGS
Regular scheduled business meetings are to be held monthly. A predetermined time and place will be established. Regular meetings are not to exceed twelve (12) in total. All regular meetings of JOM IEC will be open to the public.
SECTION 3: SPECIAL MEETINGS & WORK SESSIONS
The President may call special meetings and work sessions of the JOM IEC during a duly called regular meeting. Members shall be notified by email or text before the meeting. Number of scheduled special meetings are not to exceed 10 totals; work sessions will not exceed twenty (20) total in a school year.
SECTION 4: IN-SERVICE AND TRAININGS
JOM IEC members may attend the following trainings:
Navajo Nation JOM Regional Meetings.
Navajo Nation Subcontractors Meetings
New Mexico Government-to-Government Summit.
Tribal Consultation Meetings and Public Hearings.
Other training deemed necessary by the ICO Coordinator (i.e. Public Hearings, Tribal Consultations, and National JOM Conference and other Professional Development).
JOM IEC members will be expected to report out to their respective schools and school Parent Advisory Committee meetings, and fellow JOM IEC members on trainings that they attend within regularly scheduled meetings.
SECTION 5: QUORUM
A simple majority of Indian Education Committee voting members constitute a quorum for official transaction of JOM IEC business. Decisions made by a quorum of members present at a regular and/or special meeting shall be an act of the JOM IEC.
Members will wait no more than fifteen (15) minutes for a quorum to be present.
SECTIONS 6: OPEN MEETINGS
JOM IEC meetings shall be open to the general public in accordance with and shall follow the New Mexico Open Meetings Act.
SECTION 7: RULES OF ORDER
JOM IEC will conduct their meetings in accordance with Robert's Rules of Order
ARTICLE VII
COMPENSATION
SECTION I: MEETINGS
Regular Meetings: $45.00 stipend (Net 30) and refreshments. Members must be in attendance for the entire meeting to receive stipend. Mileage is included in the compensation rate. If the officer physically attends the committee meeting for less than four hours or the officer attends a virtual meeting of any duration during a single calendar day then the attending member will receive the $45.00 stipend; and if > 4 hours in person, member will receive $95.00
Special Meetings: $45.00 stipend (Net 30) and refreshments. Members must be in attendance for the entire meeting to receive stipend. Mileage is included in the compensation rate. If the officer physically attends the committee meeting for less than four hours or the officer attends a virtual meeting of any duration during a single calendar day then the attending member will receive the $45.00 stipend; and if > 4 hours in person, member will receive $95.00
All Day Work Sessions: $45.00 stipend (Net 30) and refreshments. Members must be in attendance for the entire meeting to receive stipend. Mileage is included in the compensation rate. If the officer physically attends the committee meeting for less than four hours or the officer attends a virtual meeting of any duration during a single calendar day then the attending member will receive the $45.00 stipend; and if > 4 hours in person, member will receive $95.00
Monitoring, Assessments and Local Professional Development: Mileage compensation at approved district rate. Members must keep mileage and attendance log.
SECTION 2: PER DIEM
JOM IEC members will be reimbursed for approved travel expenses incurred for in-state and out-of-state travel, consistent with CCSD procurement policies regarding per diem when travel is required for JOM IEC official business, conferences and training;
Per Diem will be paid within seven (7) working days once all required documents are submitted to ICO; and
If travel expenses are paid and a JOM IEC member fails to attend, the member will be required to reimburse the JOM program for all expenses paid. The member has an option to find an alternate JOM IEC to attend in his/her place, if possible with the approval of the ICO Coordinator. This option is exclusive of flights, rather JOM IEC members will be fully responsible for non-emergency/health-related short notice cancellation fees on lodging and registration.
ARTICLE VIII
AMENDMENTS
JOM IEC, with the advisement of ICO, shall have the voting power to alter or amend these By-Laws at any time, by two-thirds (2/3) affirmative vote of current JOM IEC members, provided that the alteration or amendment is to carry out the purpose of JOM IEC as herein above expressed. Any alteration or amendment must be approved by CCSD School Board of Education prior to implementation.
ARTICLE IX
GRIEVANCE PROCEDURES
Complaints regarding administration and/or execution of the JOM program shall be reported to the ICO Coordinator. Grievance procedures for complaints from CCSD Native American Indian students, parents and ICO staff related to program(s) under Johnson O'Malley shall be as follows:
SECTION 1:
The complainant shall submit a grievance in writing to JOM IEC for investigation, review and action.
Upon receipt of the written complaint, JOM IEC shall, within fifteen (15) working days, investigate, and submit its findings in writing to the complainant. If the complaint cannot be resolved within a specified time, JOM IEC may request additional time from the complainant;
The President, with the approval of JOM IEC can appoint an ad hoc committee to pursue the complaint;
If the complaint cannot be resolved by the JOM IEC ad hoc to the satisfaction of the complainant, the JOM IEC ad hoc shall forward the complaint with all investigative documents, findings, and/or recommendations to CCSD Human Resources Department and Superintendent for review and final resolution.
The complainant may appeal the Superintendent’s final decision to the Board of Education.
ARTICLE X
DISCLAIMER
CCSD School Board of Education retains the right and is the ultimate authority in all decisions relating to finances and the education of the students of Central Consolidated School District.