EXECUTIVE LIMITATIONS

Part 1.0 Governing Board

Section 1.3 Governance Policies

Paragraph 1.3.2 Executive Limitations

Policy Statement:

Executive Limitations Policy

EL 1. Global Executive Limitations Policy

EL 2A. Treatment of Consumers

EL 2B. Treatment of Staff

EL 2C. Financial Planning and Budgeting

EL 2D. Financial Condition and Activities

EL 2E. Emergency Principal Succession

EL 2F. Asset Protection

EL 2G. Compensation and Benefits

EL 2H. Communication and Support to the Board

EL 2I. Ends Focus of Grants or Contracts

EL#1: The School Director shall not cause or allow any organizational practice, activity, decision, or circumstance that is either unlawful, imprudent, or in violation of commonly accepted business and professional ethics and practices.

Adopted: 10/18/07

Monitoring method: Internal Report

Monitoring frequency: Annually by July 31^st

EL #2A: Treatment of Consumers

With respect to interactions with parents, students, community members and officials, the School Director shall not cause or allow conditions, procedures, or decisions that are illegal, unsafe, untimely, undignified, or unnecessarily intrusive.

Adopted: 11/21/07

Monitoring method: Internal Report

Monitoring frequency: Annually by July 31^st

EL#3A: The School Director shall not

Elicit information for which there is no clear necessity.
Use methods of collecting, reviewing, transmitting or storing consumer information that fail to protect against improper access to the material
Fail to operate facilities with appropriate accessibility and privacy.
Fail to provide consumers with a parent/student handbook that includes a grievance process for persons who believe they have not been accorded reasonable protections under this policy.
Fail to follow policies outlined in parent/student handbook.
Fail to inform consumers of this policy.

Adopted: 11/4/09

Monitoring method: Internal Report

Monitoring frequency: Annually by July 31^st

EL#2B: Treatment of Staff

With respect to the treatment of paid and volunteer staff, the School Director may not cause or allow conditions that are illegal, unfair, undignified, disorganized, unsafe, or unclear.

Adopted: 11/21/07

Monitoring method: Internal Report

Monitoring frequency: Annually by July 31^st

EL#3B: The School Director shall not

Operate without written personnel rules that (a) clarify rules for staff, (b) provide for effective handling of grievances, and (c) protect against wrongful conditions such as nepotism and grossly preferential treatment for personal reasons.
Discriminate or retaliate against any staff member for expressing a dissent.
Prevent staff from grieving to the board when (a) internal procedures have been exhausted, and (b) the employee alleges either that (i) board policy has been violated to his or her detriment or (ii) board policy does not adequately protect his or her human rights.
Fail to acquaint staff with the School Director's interpretation of their protections under this policy.
Allow staff to be unprepared to deal with emergency situations.
Use methods of collecting, reviewing, transmitting or storing consumer information that fail to protect against improper access to the material
Fail to compensate staff competitively.

Adopted: 11/04/09

Monitoring method: Internal Report

Monitoring frequency: Annually by July 31^st

EL#2C: Financial Planning/Budgeting

The School Director shall not cause or allow financial planning for any fiscal year or the remaining part of any fiscal year to deviate materially from the board's Ends priorities, risk financial jeopardy, or fail to meet the long term goals of the school.

Adopted: 11/21/07

Monitoring method:

Monitoring frequency: Annually by July 31^st

EL#3C: There will be no financial plans that

Risk incurring those situations or conditions described as unacceptable in the board policy "Financial Condition and Activities."
Contain too little information or omit credible projection of revenues and expenses; cause the unnecessary separation of capital and operational items negatively impacting cash flow and subsequent audit trails; and prevent the disclosure of planning assumptions
Provide less for board prerogatives during the year than is set forth in the "Cost of Governance" policy (GP#2H).

Adopted: 11/04/09

Revised: 12/17/09

Monitoring method: Internal Report

Monitoring frequency: Annually by July 31^st

EL#2D: Financial Condition and Activities

With respect to the actual, ongoing financial conditions and activities, the School Director shall not cause or allow the development of financial jeopardy or material deviation of actual expenditures from board priorities established in Ends policies.

Adopted: 11/21/07

Monitoring method: External Report

Monitoring frequency: Annually by December 31^st

EL#3D: The School Director shall not

Expend more funds than have been received in the fiscal year without board approval.
Incur debt in a manner inconsistent with APA's School Finance Policies. (see Appendix A)
Shall not violate board approved reserves policy.
Fail to settle payroll and debts in a timely manner.
Allow tax payments or other government-ordered payments or filings to be overdue or inaccurately filed.
Make a single purchase, split order, or commitment of greater than $10,000.00 without board approval except as authorized in APA's School Financial policies, by agreement, or by board authorization.
Use restricted contribution for any purpose other than that required by the contribution.

Adopted: 12/17/09

Monitoring method: External Report

Monitoring frequency: Annually by December 31^st

EL#2E: Emergency School Director Succession

To protect the board from sudden loss of School Director services, the School Director shall not permit there to be fewer than one other executive sufficiently familiar with Board and School Director issues and processes to enable him/her to take over with reasonable proficiency as an interim successor.

Adopted: 11/21/07

Monitoring method: Internal Report

Monitoring frequency: Annually by July 31^st

EL#2F: Asset Protection

The School Director shall not cause or knowingly allow corporate assets to be unprotected, inadequately maintained, or unnecessarily risked.

Adopted: 11/21/07

Monitoring method: External Report

Monitoring frequency: Annually by December 31^st

EL#3F: The School Director shall not

Fail to insure against theft and casualty losses to at least 80% of replacement value and against liability losses to board members, staff, and the organization itself in an amount great than the average for comparable organizations.
Allow unbonded personnel access to material amounts of funds.
Subject facilities and equipment to improper wear and tear or insufficient maintenance.
Unnecessarily expose the organization, its board, or its staff to claims of liability.
Make any purchase (a) wherein normally prudent protection has not been given against conflict of interest; (b) of more than $5000.00 without having obtained comparative prices and quality; or (c) of more than $5000.00 without a stringent method of assuring the balance of long-term quality and cost. Orders shall not be split to avoid these criteria.
Allow any check over $3000.00(with the exception of regular, monthly bills for health insurance, employee retirement, and rent) to be released without 2 signatures.
Fail to protect intellectual property, information, and files from loss or significant damage.
Receive, process, or disburse funds under controls insufficient to meet the board-appointed auditor's standards.
Compromise the independence of the board's audit or other external monitoring or advice, such as by engaging parties already chosen by the board as consultants or advisers.
Invest or hold operating capital in insecure instruments, including uninsured checking accounts and bonds of less than AA rating at any time, or in non-interest-bearing accounts except when necessary to facilitate ease in operational transactions.
Endanger the organization's public image, its credibility, or its ability to accomplish Ends.
Change the organization's name or substantially alter its identity in the community
Create or purchase any subsidiary corporation.

Adopted: 12/17/09

Monitoring method: External Report

Monitoring frequency: Annually by December 31^st

EL#2G: Compensation and Benefits

With respect to employment, compensation, and benefits to employees, consultants, contract workers, and volunteers, the School Director shall not cause or knowingly allow jeopardy to financial integrity or to public image.

Adopted: 10/15/09

Monitoring method: Internal Report

Monitoring frequency: Annually by July 31^st

EL#3G: The School Director shall not

Change his or her own compensation and benefits, except as those benefits are consistent with a package for all other employees.
Promise or imply permanent or guaranteed employment.
Establish current compensation and benefits that deviate materially from the geographic or professional market for the skills employed.
1. Create compensation or benefit obligations over a longer term than revenues can be safely projected, in no event longer than one year and in all events subject to losses in revenue.
2. Establish or change pension benefits so as to cause unpredictable or inequitable situations, including those that
  1. Incur unfunded liabilities
  2. Provide less than some basic level of benefits to all fulltime employees, though differential benefits to encourage longevity are not prohibited
  3. Allow any employee to lose benefits already accrued from any foregoing plan.
  4. Treat the SCHOOL DIRECTOR differently from other key employees.

Adopted: 1/28/10

Monitoring method: Internal Report

Monitoring frequency: Annually by July 31^st

EL#2H: Communication and Support to the Board

The School Director shall not cause or knowingly allow the board to be uninformed or unsupported in its work.

Adopted: 10/15/09

Monitoring method: Internal Report

Monitoring frequency: Annually by July 31^st

EL#3H: The School Director shall not

Neglect to submit monitoring data required by the board policy (see Monitoring SCHOOL DIRECTOR Performance BML#3D) in a timely, accurate, and understandable fashion, directly addressing provision of board policies being monitored.
Fail to marshal for the board as many staff and external points of view, issues, and options as needed for fully informed board choices and policy creation.
Fail to advise the Board in a timely manner of trends, facts, and/or information relevant to the Board's work or upon which board policy has been or will be established.
Let the board be unaware of any information it requires including but not limited to anticipated media coverage, threatened or pending lawsuits, material internal and external changes, academic performance, enrollment, human resources, or any other trend that has global organization impact.
Present information in unnecessarily complex or lengthy form or in a form that is unrelated to board policy or work.
Fail to report in a timely manner, any actual or anticipated noncompliance with any policy of the board regardless of the board's monitoring schedule.
Fail to advise the board of, in the SCHOOL DIRECTOR's opinion, the board is not in compliance with its own policies on Governance Process and Board-Management Delegation, particularly in the case of board behavior that is detrimental to the work relationship between the board and the SCHOOL DIRECTOR.
Fail to provide a workable mechanism for official board, officer, or committee communications.
Fail to deal with the board as a whole except when fulfilling individual requests for information or responding to officers or committees duly charged by the board.
Fail to supply for the Board's agenda all items delegated to the SCHOOL DIRECTOR yet required by law, regulation, or contract to be board-approved, along with applicable the monitoring assurance pertaining thereto.

Adopted: 1/28/10

Monitoring method: Internal Report

Monitoring frequency: Annually by July 31^st

EL#2I: Ends Focus of Grants or Contracts

The School Director may not enter into any grant or contract arrangements on behalf of the school that fail to emphasize primarily the production of Ends and secondarily, the avoidance of unacceptable means.

Adopted: 10/15/09

Monitoring method: Internal Report

Monitoring frequency: Annually by July 31^st

EL#3I: The School Director shall not

Fail to prohibit particular methods and activities to preclude grant funds from being used in imprudent, unlawful, or unethical ways.
Fail to assess and consider an applicant's capability to produce appropriately targeted, efficient results.
Fund specific methods except when doing so for research purposes, when the result to be achieved is knowledge about differential effectiveness of various methods.

Adopted: 1/28/10

Monitoring method: Internal Report

Monitoring frequency: Annually by July 31^st