Business Administrator CC
Business Administrator
Policy Revision: 12-12-12 (Revision of CCAA)
Philosophy
The Business Administrator is to account for and record the business affairs of the District in such a way as to provide the best possible educational service with the financial resources available in accordance with local, State, and Federal Law. The Business Administrator acts as the Chief Financial Officer of the District, manages the various business operations of the District, and works under the direction of the Superintendent.
Qualifications
As a minimum, the Business Administrator must have a Bachelor's Degree in Business or Accounting from an accredited university or college, and the following are recommended: a CPA, previous experience in a school district or government finance, or two years of experience in finance, accounting or related fields.
Along with these qualifications, the Business Administrator must be able to perform a full range of school district financial and supervisory duties; analyze and interpret data; perform complex tasks using word processing, database and spreadsheet applications; communicate effectively and work collaboratively with others; and have knowledge of and/or a record of sound budget strategies. The Board, at its discretion, may waive any of these qualifications if they the candidate's qualifications are sufficient.
Responsibilities
Subject to the direction of the Superintendent, the Business Administrator shall:
1. Have custody of the Board's seal and use the seal to authenticate all matters requiring
authentication.
2. Attend all meetings of the Board, keep accurate records of its proceedings as required by law,
subject to requirements that certain closed meetings not be recorded, as set forth in Policy BEB, and
have custody of the records of the Board;
3. Be custodian of all District funds, be responsible and accountable for all money received and
disbursed, keep accurate records for all revenues received and their sources;
4. Countersign with the President of the Board all warrants and claims against the District as well as
other legal documents approved by the Board;
5. Prepare and submit to the Board each month a written report of the District's receipts and
expenditures;
6. Use uniform budgeting, accounting, and auditing procedures in forms approved by the State Board
of Education, which shall be in accordance with the generally accepted accounting principles or
auditing standards and with Title 63J, Chapter 1, Utah Budgetary Procedures Act;
7. Prepare and submit to the Board a detailed annual statement for the period ending June 30, of the
revenue and expenditures, including beginning and ending fund balances;
8. Assist the Superintendent in the preparation and submission of budget documents and statistical and
fiscal reports required by the law or the State Board of Education;
9. Insure that adequate internal controls are in place to safeguard the District's funds; and
10. Perform other duties as the Superintendent may require.
Utah Code Ann. § 53A-3-401(2) (1988)
Utah Code Ann. § 53A-3-303 (2008)
Appointment—
The Board shall appoint a Business Administrator.
Utah Code Ann. § 53A-3-302(1) (2011)
Term of office—
The Business Administrator's term of office is for two years and until a successor is appointed and qualified. On or after May 8, 2012, the Board may not enter into an employment contract that contains an automatic renewal provision with the Business Administrator.
Utah Code Ann. § 53A-3-302(2) (2012)
No Business Administrator Appointments During Interim Vacancy Period—
As used in this policy, "interim vacancy period" means the period of time that:
1. begins on the day on which a general election is held to elect a member of the Board; and
2. ends on the day on which the member-elect begins.
The Board may not appoint a business administrator during an interim vacancy period. However, the Board may appoint an interim business administrator during an interim vacancy period; and the interim business administrator's term shall expire once a new business administrator is appointed by the new Board after the interim vacancy period has ended.
The interim business administrator requirement does not apply if all the Board members who held office on the day of the general election whose term of office was vacant for the election are reelected to the Board for the following term. Utah Code Ann. § 53A-3-302(5) (2012)
Interim appointment—
If it becomes necessary to appoint an interim business administrator due to a vacancy in the office of business administrator, then the Board shall make an appointment during a public meeting for an indefinite term not to exceed one year, which term shall end upon the appointment and qualification of a new Business Administrator. Utah Code Ann. § 53A-3-302(3) (2011)
Oath of Office
The Business Administrator shall take the following Constitutional Oath of Office:
"I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of Utah, and that I will discharge the duties of my office with fidelity."
Article IV, Section X, Utah State Constitution
Compensation and Benefits
The Board shall set the Business Administrator's salary and other compensation for services in the June Board Meeting of each year.
Contract Renewal
At the January Board Meeting, the Board shall decide their intention to renew the Business Administrator's contract. The Business Administrator shall indicate at that time his/her intention in regard to continuing in the position. The Board, with a vote of two thirds of the full Board, may choose not to renew the contract at the end of the contract period.
Evaluation
The Board, or its designee, may annually make a written evaluation of the Business Administrator. In its sole discretion, the Board, or its designee, may make written evaluations of the business administrator on a more frequent basis. Such evaluations by the Board may be prepared in Board meetings that have been closed to the public pursuant to Policy BEC
The Board shall furnish the Business Administrator with a copy of the contemplated evaluation and may in its sole discretion discuss its conclusions with the Business Administrator in a closed meeting.
No Adverse Actions Based on Unlawful Grounds
The Board's decision to terminate, dismiss, or take any other adverse employment action against the Business Administrator shall not be based on his or her exercise of rights guaranteed by the Constitution, or based unlawfully on race, color, religion, sex, national origin, handicap, or age.
Termination
The Business Administrator may be terminated during the term of his or her appointment upon a vote of two thirds of the full Board.
Causes for Termination
Causes for the termination of the Business Administrator may include but are not limited to:
1. Deficiencies pointed out in evaluations, supplemental memoranda, or other communications;
2. Neglect of duties or responsibilities, or the conduct of personal business during school hours;
3. Incompetence or inefficiency in the performance of required or assigned duties;
4. Insubordination or failure to comply with Board directives, policies or administrative regulations;
5. Drunkenness or excessive use of alcoholic beverages; illegal use of drugs, hallucinogens, or other c
controlled substances, or the possession, use, or being under the influence of alcohol, alcoholic b
beverages, drugs or controlled substances while on school property, acting within the scope of the
Business Administrator's duties, or attending any school- or District-sponsored activity;
6. Conviction of a felony or any crime involving moral turpitude;
7. Failure to meet the District's standards of professional conduct;
8. Disability, not otherwise protected by law, that impairs performance of required duties;
9. Immorality, which is conduct the Board determines is not in conformity with the accepted moral
standards of the community encompassed by the District;
10. Any activity, school-connected or otherwise, that, because of publicity given it or knowledge of it
among student, faculty, or community, impairs or diminishes the Business Administrator's
effectiveness in the District;
11. Reasons specified in the individual employment contract reflecting special conditions of
employment;
12. Failure to maintain an effective working relationship, or maintain good rapport with parents, the
community, staff, or the Board;
13. Assault on an employee or student;
14. Falsification of records or other documents related to the District's activities;
15. Misrepresentation of facts to the Board or other District officials in the conduct of District business;
16. Mismanagement of District property;
17. Mismanagement of District financial resources; or
18. Failure to adequately provide for the safety of students.
Leave With Pay or Relief of Duties
The Board may, by majority vote, for any cause enumerated or for no cause, place the Business Administrator on leave with pay or place him or her in another position with equivalent pay and employment-related benefits and such action shall not constitute termination. However, if these actions are taken for cause, the Business Administrator is entitled to the notice set out in the following section and may request a hearing to contest the action as provided in the hearing section below.
Notice
Before the Business Administrator is terminated or other employment action is taken based on cause, the Business Administrator shall be given reasonable notice of the proposed action and the grounds set out in sufficient detail to fairly enable him or her to show any error that may exist. The Business Administrator shall be advised of the names of adverse witnesses and the nature of their testimony.
Hearing
If, upon written notification, the Business Administrator desires to be heard and contest the proposed action of the Board, the Business Administrator shall make a written request for a hearing before the Board within 15 days of receiving the notification. The hearing shall be set on a date that affords the Business Administrator reasonable time to prepare an adequate defense but not more than 30 days from the Board's receipt of the written request, unless postponed by mutual consent.
The Board may conduct the hearing in open session or in closed session if the meeting is properly closed under Policy BEC, unless the Business Administrator requests a public hearing, in which case the hearing shall be open to the public.
At the hearing before the Board, the Business Administrator may employ counsel. The Business Administrator also has the right to hear the evidence upon which the charges are based, to cross-examine all adverse witnesses, and to present evidence of innocence or extenuating circumstances. Prior to termination or adverse action for cause, the Board shall determine the existence of good cause for the termination or action. Such determination shall be based solely on the evidence presented in the hearing. Termination may only be by a vote of two-thirds of the Board.
The Board shall notify the Business Administrator of its decision within 15 days after the hearing.
Suspension
At the discretion of the Board by majority vote, the Business Administrator may be placed on leave with pay pending the outcome of the termination hearing.
Notice to the State Board of Education
The Superintendent shall notify the Utah State Board of Education whenever the Board terminates or takes other employment action against the Business Administrator and the termination or action is due to a final judicial or administrative determination or determination by the Board of immorality, or of unprofessional conduct, or professional incompetence which results in termination or suspension for more than one week, or which otherwise warrants review by the State Board of Education.
Utah Admin. Rule R277-514-5(B) (2004)