board members
the governing board membersThe further education (FE) model of governance is one of collective decision-making and collective accountability. The legal power of the governing board rests with the governing board as a whole, not with individual governors. This places constraints on what governors may do:
Individual governing board members are not personally liable for the debts of the corporation, unless it can be demonstrated that they have acted negligently or improperly. See the policy section at www.fegovernance.org for further information on this. Individual governing board members are volunteers and do not receive remuneration for their efforts. They are appointed on the basis of relevant skills and experience and should fit a membership category within the Instrument and Articles of Government (I&A) and adopted membership structure. The current membership framework, in the 2006 instrument of government for general FE colleges, allows for the following limits for each membership category.
Appointment of all members is subject to standard clauses in the Instrument of Government relating to convictions and bankruptcy, in order to confirm their eligibility. All members are required to declare financial and non-financial interests. A governing board chair and vice chair are appointed from among the members. The Foster Report and FE White Paper have raised issues about the process of appointing and evaluating chairs, and the need for more diverse boards to reflect a diverse student body. The balanced membership of governing boards ensures that they have the benefit of views from, and are truly representative of, the community served by the college, its students and staff, its local authority and local business community. However, all governors are appointed as individuals - including those governors who are elected (by the staff or the student body), or nominated (by local authorities or local community organisations). Governors are not representatives of the organisations from which they come. Once appointed, governors are required to put the interests of the governing board and the college first. They may not accept a mandate from any other person or organisation. Governing boards may also draw on the skills of external co-opted members who are not full governing board members. External co-opted members are particularly valuable in adding specific skills to, for example, Audit and Search committees. These co-opted members have full voting rights within their committees and should meet the same requirements for eligibility and declaration of interests. They do not attend governing board meetings unless invited, do not have full governing board voting rights and would not normally chair a committee (as they are unable to report committee business in person to the full board). The Learning and Skills Council (LSC) has the power to appoint governors in special circumstances - eg where there are serious concerns about the governance of the college. Student and parent governors are elected by their constituent groups - with nominations being submitted from the appropriate student's union or association or parents' association. Click here for information on student and staff representation. Community and local authority governors are nominated by the organisation or local authority selected by the Search Committee or through the governing board's search process. Governing boards should specify the skills and experience required in seeking and evaluating nominations. Business and co-opted members are the only members who are selected through the more traditional search process of curriculum vitae (CV) or application and interview. Click here for a sample role profile of governing board members.
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