REDWOODS COMMUNITY COLLEGE DISTRICT ... Administrative Procedure

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REDWOODS COMMUNITY COLLEGE DISTRICT
Administrative Procedure
AP 2715
BOARD PROTOCOLS FOR EFFECTIVE TRUSTEESHIP
Board protocols can provide guidance to trustees to ensure appropriate involvement of trustees in College
operations and community interactions.
Board protocols can also provide guidance to trustees to ensure efficient and effective Board meetings. The goal
is for meetings to be orderly and to be a good use of time for everyone participating.
All meetings are held in accordance with the Brown Act. These protocols recognize that Trustees have authority
only as a Board that makes decisions in an open, public meeting. The meeting of the Board of Trustees is a
meeting of the Board in public, not a meeting of the Board to have discussions with the public. Discussion
should remain among board members.
Many of these protocols elaborate on and emphasize the standards listed in BP 2715.
It is the duty of the President of the Board to make sure charges or perceptions of violations of Board protocols
are investigated and, if necessary, remedied. Charges or perceptions of violations of these protocols can be
addressed by trustees to the President of the Board as a point of order in a meeting if the protocol relates to rules
of order. Other charges or perceived violations should be addressed to the President of the Board in a
confidential setting. The process used in BP 2715 regarding the investigation of charges and perceived
violations and any resulting remedies can be used if the President of the Board thinks it is necessary.
These protocols will be reviewed and revised as necessary and reviewed, along with BP 2715, annually. at the
Board's annual organizational meeting
1. GENERAL PROTOCOLS (That Are Applicable in Many Situations)

Communicate to constituents that trustees have no authority as individuals, only as a Board.

Avoid surprises by informing the President/Superintendent Chief Executive Officer (CEO) about
college-related discussions that occur between public Board meeting dates.

As soon as possible after a community or employee contact, apprise the President/Superintendent
CEO of significant issues or concerns that might impact or involve college staff or operations.

Ensure that questions or requests for information that may impact college staff have sufficient
importance to merit the staff time necessary and are directed to the CEO President/Superintendent.
Request the information from the President/Superintendent, not directly from to the staff. If you are not
satisfied with the response, inform the President/Superintendent CEO that you wish to use the
regular Board meeting agenda item that allows trustees to make a motion to request a report from the
President/Superintendent CEO.
2. Protocols for Interactions with Community Members

Be accessible; listen respectfully and impartially.

Answer questions from community members by sharing information and discussions from public
Board meetings and by relaying other general public information about the college. (Do not disclose
items discussed in closed session or learned in confidential discussions with the
President/Superintendent CEO.)

Direct constituents’ concerns/complaints regarding the college to the President/Superintendent CEO.

Inform the President/Superintendent CEO ahead of time of planned community presentations or
community events, such as service club meetings, where you know the college will be discussed.
3. Protocols for Interactions with District Employees and Groups

As a matter of courtesy, inform the President/Superintendent CEO when you plan to visit college
staff and facilities for some reason other than regular Board meetings, scheduled college events, and
public functions.

Do not schedule individual meetings or private conversations with College employees regarding
College business. Remind employees that trustees have no authority as individuals, only as a Board.
Direct employees to share their concerns/complaints regarding the College with their supervisor or the
President/Superintendent CEO.

In formal and informal meetings with college employees, be cautious about expressing a personal
opinion concerning college matters. Employees may view personal comments as directives of the
Board. Such "meetings" can refer to college events, public functions, recesses during regular Board
meetings, graduations, convocations, search committees, district-wide committees, and so on.

Do not use space at district facilities to have a personal mailbox or to store items. Do not use district
facilities to drop off or pick up items that are not directly related to the duties of a trustee. Ask the
President/Superintendent CEO if you are unsure of how to apply this protocol in a particular
situation.
4. Responding to Concerns Expressed During a Crisis

Be respectful; listen respectfully and impartially.

Do not make any promises to the individual or group.

Do not attempt to solve the problem.

Inform the President/Superintendent CEO and receive clarification.

The President/Superintendent CEO will alert the Board President and together they will decide how
to handle the issue and inform the Board.

Any written communication with the individual or group expressing the concern, or with the media,
will be made by the President/Superintendent CEO. However, when the concern is sent directly to a
trustee, the trustee can respond by stating the concern has been received and forwarded to the
President/Superintendent CEO.
The Board may request a more formal investigation of the concerns or a report.

5. Prior to Meetings

Put all formal, substantive trustee reports in writing and submit in time to be included in agenda packet.
For example, do this if you have attended a conference or workshop as a trustee. (Also see 6.3.)

Prepare for meetings by thoroughly reading Board agendas.

Inform the President/Superintendent CEO or questions regarding agenda items prior to the meeting.

In keeping with the “No Surprises” rule, apprise the President/Superintendent CEO of agenda items
you may want to remove from the consent calendar and other items with which you have concerns.
6. During the Meeting

Prior to speaking, request permission from the Board President President of the Board by raising your
hand or, if no one is speaking, asking the Board President directly.

Actively participate in meetings, listen to others, add appropriate input.

Limit discussion to items on the agenda and restrict comments and questions to topics relating to the
District.

Discuss action items only after they have been moved and seconded. the President/Superintendent
CEO or designee may give a report before the motion. Questions regarding the report should be asked
after the motion and during subsequent board discussion.

Respect others views; consider issues, not personalities.

Be objective. Consider what is best for the district as a whole, not what will benefit a particular campus,
center, site, department, program, or individual.

Advocate for positions based upon thorough study and objective reflection.

Table or postpone an item if information is insufficient.

Help the Board President President of the Board to conclude debate when all sides have been fully
explored.

Do not repeat points that have already been made.

Questions should be asked of the President/Superintendent CEO who will call on staff as needed.

Board members are required by law to vote “yes” or “no” and abstain only for financial conflicts.

The student member shall be seated with the Board, shall be recognized as a full member of the Board at
meetings.
o The Student Representative has authority to make and second motions and may cast an advisory
vote that shall be recorded in the minutes. The advisory vote shall not be included in
determining the vote required to carry any measure before the Board.
o Normally, the Student Representative cannot attend closed sessions because of Brown Act
limitations. However, the Student Representative has the right to attend all open sessions of the
Board, including workshops.
o The Student Representative shall serve on the committees of the Board at the pleasure of the
Board President President of the Board.
Before May 15 of each year, the Board shall decide whether to renew this protocol along with additional
privileges in BP 2015.
7. Responding to Needs or Complaints Expressed In Board Meetings During Public Comment on
Non-Agenda Items

The Board President President of the Board thanks the speaker(s) and acknowledges that the need or
complaint has been heard by the Board.

As appropriate, the Board President President of the Board may ask the President/Superintendent
CEO if there is any comment from the Administration. Note: The Brown Act prohibits the Board from
discussing or taking action on any item not on the agenda, but Trustees may make a brief comment or
ask the President/Superintendent CEO a clarifying question in response to public comments.

Toward the end of a regular open session Board meeting, at the appropriate agenda item dealing with
future agenda items and reports, any trustee may request action by the Board that the
President/Superintendent CEO look into the issue and report back to the Board. The
President/Superintendent CEO will determine what form the report will take (e-mail, formal written
report, etc.).

After receiving the report from the administration, the Board President President of the Board or, at a
regular meeting, trustees may act to place the issue on a future Board agenda.
8. Closed Sessions

Do not discuss closed session matters outside of the meeting room.

Return personal and confidential material to the President/Superintendent CEO at the conclusion of
the closed session.

Ensure the safekeeping of notes related to closed session matters.

Only the President/Superintendent CEO or, in her/his absence and with her/his knowledge, the Board
President President of the Board may update an absent trustee about closed session discussions.

Refer any suspected breach of Closed Session confidentiality to the the Board President President of
the Board immediately in accordance with BP 2715, "CODE OF ETHICS/STANDARDS OF
PRACTICE."
9. Following the Meeting Publicly support the decisions of the Board.
9.1 Publicly support the decisions of the Board.
10. Types of Violations
There are three major categories of laws that address ethical behavior by public officials:



Financial Interests — Conflicts of interest laws prohibit trustees from financially benefiting
from Board decisions, or acting on matters that benefit family members.
Fair and Open Decision-Making — California’s open and public meetings laws (the Brown
Act) require that the public’s business be done in public. Examples of violations include
making decisions in private or that should be made in public meetings, discussing items that
have not been noticed to the public, and violating provisions that closed session information
shall be kept confidential.
Use of Public Funds — It is felony to misuse public funds. Examples include claiming
expenses that were not incurred and using college resources for personal or political
purposes.
11. Violating the Board’s Code of Ethics
In some cases, behaviors may violate the Board’s code of ethics or standards of practice, but do not
violate the law. Examples of violations include:





Attacking other trustees or the President of the Board in public
Publicly advocating against Board decisions after they are made
Sabotaging the work of the Board
Ongoing and substantial attempts by trustees to administer, rather than govern the district,
which violates the separation of CEO President/Superintendent and Board roles.
o Ignoring the local decision-making process and communication protocols by working
directly with staff members
o Telling college staff whom they should hire
o Attempting to direct the day-to-day duties of staff members
Advocating a single interest instead of the common public good
o Ignoring the broad range of public needs in community college education
o Appearing to be agents of a union, a specific community group, or a business interest
Actual or perceived violations of the law must be dealt with expeditiously and legal advice should be
sought. A study session or workshop may be appropriate for the entire Board if it appears that
trustees may be unaware of the law.
12. Consequences of Violations
The CEO President/Superintendent and President of the Board are authorized to consult with legal
counsel when they become aware of or are informed about actual or perceived violations of
pertinent laws and regulations including, but not limited to, conflict of interest, open and public
meetings, confidentiality of closed session information, and use of public resources. Violations of law
may be referred to the District Attorney or Attorney General as provided for in law.
Violations of the Board’s code of ethics policy will be addressed by the President of the Board who
will first discuss the violation with the trustee to reach a resolution. If resolution is not achieved and
further action is deemed necessary, the President of the Board may appoint an ad hoc committee to
examine the matter and recommend further courses of action to the Board. Sanctions will be
determined by the Board officers [or committee] and may include a recommendation to the Board
to censure of the trustee. If the President of the Board is perceived to have violated the code, the Vice
President of the Board is authorized to pursue resolution.
13. Procedure for a violation of BP 2715:
Introduction:
If a trustee violates the Board’s Code of Ethics/Standards of Practice, it may harm the Board and
the College in a number of ways. Violating ethics laws may subject the Board and College to legal
action, which can involve penalties and significant costs or create circumstances that may
jeopardize the District’s Accreditation. Not addressing ethical and legal violations may cause the
public and College employees to lose respect for and trust in the Board. The strategy a Board uses to
address ethical breaches depends on whether the behavior violates related laws or the Board’s own
Code of Ethics/Standards of Practice.
Procedure:

Anyone claiming or expressing the possibility that a Board member has violated the Board’s
Code of Ethics/Standards of Practice shall make such violation known to the Board of
Trustees.

In the event that the alleged violation constitutes a violation of the laws of the State of
California, such violation shall be referred to the District Attorney or the Attorney General.

Other alleged violations shall be put on the Board’s agenda for response by the accused
Board member. This will be an opportunity for the trustee to explain his/her perspective and
motives.

If in fact it is the conclusion of the majority of the trustees that there has been a violation of
this policy, the Board of Trustees may act in one of the following manners depending on the
severity and intent of the violation:
a. The President of the Board talks to the person about the implications of the perceived
violation, including the negative impact the behavior will have on the College, the Board,
and the individual trustee.
b. An ad hoc committee may be appointed to look into the allegations and make a
recommendation to the President of the Board or the Board as a whole.
c. The Board may hold a workshop or retreat on codes of ethics and the importance of
upholding them. All trustees discuss interpretations of the code and reinforce expected
behavior.
d. The Board may, in a meeting, make a public statement of expected Board behavior, adopt
a Board resolution about what expected behavior is, and/or publicly reaffirm the ethics
policy. This course of action alerts the public that individual violations are not condoned
by the Board.
e. The Board may issue a public statement in which it expresses concern with an individual
trustee’s behavior. The statement would be made at a Board meeting.
f. A last resort is a Board vote to censure the trustee’s behavior. Censure distances the
Board from the unethical behavior of one of its members and is a clear, public statement
that unethical behavior is not condoned or tolerated.

If illegal or unethical behavior occurs during a Board meeting (such as remaining at the Board
table when the trustee has a conflict of interest, engaging in debate or discussion with audience
members on topics not on the agenda, attacking a speaker or not following the Board’s meeting
procedures), undermine the chair or the CEO President/Superintendent, the chair can state
what the expectations and standards are of Board behavior and/or state that the behavior
violates Board policy and/or procedures.
Approved by the Board of Trustees: September 18, 2012
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