College Council December 2, 2013 Page 1 REDWOODS COMMUNITY COLLEGE DISTRICT College Council 2:30 p.m. – Board Room – Monday December 2nd, 2013 AGENDA 1. Minutes Dated 10/28/2013 (Page 3) NEW BUSINESS 1. BP and AP 3280 Grants (Page 8) Review policy and changes to procedure OLD BUSINESS: 1. BP and AP 3440 Service Animals(Page 11) Review constituent feedback 2. BP and AP 3900 Speech: Time, Place, and Manner (Page 16) 3. BP and AP 6540 Insurance(Page 21) Review constituent feedback 4. BP and AP 6700 use of District Facilities (Page 24) Review constituent feedback 5. BP and AP 6740 Citizens Bond Oversight Committee Review constituent feedback (Page 30) 6. BP and AP 7400 Travel(Page 38) Review revised draft Policy and Procedure Tracking Number Title District Vehicles AP 6530 BP 7130 Compensation BP 7140 Collective Bargaining Status Research legality of Class B and Class C requirements Council requested language clarification Council requested clarification from Legal regarding intent of the policy College Council December 2, 2013 Page 2 BP 7350 Resignation of Employees BP 7111 Job Description Definition of Accredited BP 7113 Institution District Publications and BP 2361 Releases Human Resources seeking consideration and input from CRFO Postponed to bring back as a packet Human Resources reviewing comparable policies at other colleges. Postponed. Council requests more information. Discrimination and Harassment Ahn to forward to College Council draft AP 3435 Investigations following Chancellor's office guidelines BP/AP Prohibition of Harassment Will be reconsidered by Council when AP 3435 3430 is presented AP3410 Nondiscrimination Council request review of best practices College Council December 2, 2013 Page 3 College Council Minutes October 28, 2013 Page 1 REDWOODS COMMUNITY COLLEGE DISTRICT Minutes of the College Council Meeting 7351 Tompkins Hill Road, Eureka, CA, Board Room Monday, October 28 2013 MEMBERS PRESENT Mark Renner (phone), Peter Blakemore, Michelle Blecher (phone), Mohamad Alnakhlawi, Steve Sandeen, Anita Janis (phone), Kathy Smith, Lee Lindsey, Keith Snow-Flamer, Cheryl Tucker, Melissa Ruiz, MEMBERS ABSENT Bob Brown, Jose Ramirez, Richard Ries, Ahn Fielding CALL TO ORDER Kathy Smith called the meeting to order at 2:34 p.m. MINUTES DATED 8/5/2013 A motion was made by Steve Sandeen and seconded by Keith SnowFlamer to approve the minutes from the 9/330/2013 College Council meeting. A vote was taken and Council voted unanimously to approve the 9/30/2013 College Council meeting minutes as presented. NEW BUSINESS BP AND AP 3440 SERVICE ANIMALS BP 3440 Service Animals directly reflects the League Template. AP 3440 Service Animals was drafted using the League Template and the AP from Santa Rosa Junior College as guides. The AP specifies that there are different procedures for service animals in a public space vs. a private space such as a classroom or a lab. Council member suggested changing the first sentence of the BP to read “In order to accommodate and assist students with disabilities In order to prevent discrimination on the basis of disability the District will allow an individual with a disability to use a service animal or miniature horse in District facilities and on District campuses in compliance with state and federal law.” Discussion ensued regarding what is considered a service animal and what makes a miniature horses qualified. A motion was made by Mohamad Alnakhlawi and seconded by Peter Blakemore to send BP and AP 3440 Service Animals out for a 30 day constituent review contingent upon the aforementioned change. ACTION A vote was taken and Council voted unanimously to send BP and AP 3440 Service Animals out for a 30 day constituent review contingent upon the aforementioned change. College Council December 2, 2013 Page 4 Minutes-College Council Page 2 of 5 October 28,2013 BP AND AP 6540 INSURANCE BP and AP 6540 Insurance were revised using the League Template and by referencing policies and procedures from other colleges. Council member suggested moving the italicized ED. Code at the end of the policy. A motion was made by Keith Snow-Flamer and seconded by Lee Lindsey to send BP and AP 6540 Insurance out for a 30 day constituent review contingent upon the aforementioned changes. ACTION A vote was taken and Council voted unanimously to send BP and AP 6540 Insurance out for a 30 day constituent review. BP AND AP 6700 USE OF DISTRICT FACILITIES Language was added to BP 6700 regarding advertising and billboards. Council member suggested that the language be changed to “President/Superintendent or designee” where appropriate. Discussion ensued regarding Relay for Life and exemptions to the restrictions stated in the AP. Discussion ensued regarding when it is necessary for food to be provided by dining services. A motion was made by Michelle Blecher and seconded by Mohamad Alnakhlawi to send BP and AP 6700 Use of District Facilities our for a 30 day constituent review contingent upon the aforementioned change. ACTION A vote was taken and Council voted unanimously to send BP and AP 6700 Use of District Facilities out for a 30 day constituent review contingent upon the aforementioned change. BP and AP 6740 Citizens Oversight Committee were revised using the BP AND AP 6740 CITIZENS OVERSIGHT league template as well as referencing the policies and procedures from other Colleges. COMMITTEE Council member suggested not striking the word “Bond” from the title. A motion was made by Mohamad Alnakhlawi and seconded by Peter Blakemore to send BP and AP 6740 Citizens Oversight Committee out for a 30 day constituent review contingent upon the aforementioned change. College Council December 2, 2013 Page 5 Minutes-College Council Page 3 of 5 October 28,2013 ACTION A vote was taken and Council voted unanimously to send BP and AP 6740 Citizens Oversight Committee out for a 30 day constituent review contingent upon the aforementioned changes. BP AND AP 7400 TRAVEL BP and AP 7400 Travel were revised by looking at the league template as well as policies and procedures from other colleges. Discussion ensued regarding the Transient Occupancy Waiver form and where it can be obtained. Discussion ensued regarding what charges require a receipt. Council member suggested changing the Vice President language to “Chief Business Officer” where applicable. A motion was made by Steve Sandeen and seconded by Michelle Blecher to send BP and AP 7400 Travel out for a 30 day constituent review contingent upon the aforementioned change. ACTION A vote was taken and Council voted unanimously to send BP and AP 7400 Travel out for a 30 day constituent review contingent upon the aforementioned change. OLD BUSINESS BP 2725 BOARD MEMBER COMPENSATION There was no feedback from constituent groups on BP 2725 Board Member Compensation. A motion was made by Keith Snow-Flamer and seconded by Michelle Blecher to send BP 2725 Board Member Compensation to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP 2725 Board Member Compensation to the Board for a first read. BP 2730 HEALTH BENEFITS College Council member asked if this policy was the same for other district employees. It was clarified that the only different between Board Member health benefits and the health benefits of other district employees was that Board members have the option to choose to pay more towards their benefits. A motion was made by Lee Lindsey and seconded by Steve Sandeen to send BP 2730 Health Benefits to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP 2730 Health Benefits to the Board for a first read. College Council December 2, 2013 Page 6 Minutes-College Council Page 4 of 5 October 28,2013 BP AND AP 2735 TRAVEL President Smith presented the Council with revised versions of BP and AP 2735 Travel. Council members reviewed the revised drafts. A motion was made by Steve Sandeen and seconded by Peter Blakemore to send the revised drafts of BP and AP 2735 Travel to the appropriate Board subcommittee for review. ACTION A vote was taken and Council voted unanimously to send the revised drafts of BP and AP 2735 Travel to the appropriate Board subcommittee for review. BP 3100 ORGANIZATIONAL STUCTURE There was no constituent feedback on BP 3100 Organizational Structure. A motion was made by Keith Snow-Flamer and seconded by Steve Sandeen to send BP 3100 Organizational Structure to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP 3100 Organizational Structure to the Board for a first read. BP AND AP 5050 MATRICULATION A revised draft of BP and AP Matriculation was presented to the Council. The draft policy and procedure, BP and AP 5050 Student Support and Success Program is better aligned with Title 5 regulations. A motion was made by Peter Blakemore and seconded by Keith SnowFlamer to send the revised drafts of BP and AP 5050 Student Support and Success Program out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send the revised BP and AP 5050 Student Support and Success Program out for a 30 day constituent review. BP AND AP 5055 ENROLLMENT PRIORITIES Council member suggested striking the language that states “effective Fall 2014.” Council member suggested using the word “shall” in the BP instead of “may.” A motion was made by Keith Snow-Flamer and seconded by Mohamad Alnakhlawi to send BP and AP 5055 Enrollment Priorities to the Board contingent upon the aforementioned changes. ACTION A vote was taken and Council voted unanimously to send BP and AP 5055 Enrollment Priorities to the Board for a first read contingent upon the aforementioned changes. College Council December 2, 2013 Page 7 Minutes-College Council Page 5 of 5 October 28,2013 BP AND AP 6200 BUDGET PREPARATION There was no constituent feedback on BP and AP 6200 Budget Preparation. A motion was made by Keith Snow-Flamer and seconded by Lee Lindsey to send BP and AP 6200 Budget Preparation to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP and AP 6200 Budget Preparation to the Board for a first read. AP 7217 FACULTY PRIORITZATION PROCESS An ASCR Representative asked if there should be student representation. Council member asked the parties are in the “mutual agreement” referenced in bullet no. 2. It was clarified that the agreement is between the Academic Senate and the President. Council member suggested breaking up bullet four into two separate bullets. Council member suggested changing the language in bullet 15 to state that “The President/Superintendent acts on the committee’s recommendation and communicates the approved forwards positions to the District…” Council member suggested changing the language in the calendar to state that the “President/Superintendent announces the number of positions to be provisionally funded for the next academic year.” Council member suggested changing the language in bullet no. 10 to state: Council member suggested adding the language “and faculty” to the November section of the calendar. A motion was made by Steve Sandeen and seconded by Mohamad Alnakhlawi to send AP 7217 Faculty Prioritization Process to the Board as information. ACTION A vote was taken and Council voted unanimously to send AP 7217 Faculty Prioritization Process to the Board as information. ADJOURN President Kathy Smith adjourned the meeting at 4:30 p.m. College Council December 2, 2013 Page 8 REDWOODS COMMUNITY COLLEGE DISRICT Board Policy BP 3280 GRANTS The Board will be informed about all grant applications made and grants received by the District. The President/Superintendent shall establish procedures to assure timely application and processing of grant applications and funds, and that the grants that are applied for directly support the purposes of the District. See Administrative Procedure AP 3280. Reference: Education Code Section 70902 Adopted by Board of Trustees: 04/03/2012 College Council December 2, 2013 Page 9 REDWOODS COMMUNITY COLLEGE DISRICT Administrative Procedure AP 3280 GRANTS Purpose: The pursuit of private and public grants is encouraged to secure funding for efforts that advance the mission of the College, supports one or more goals of the Strategic Plan or Education master Plan and relates to a SLO/PLO or activities in Program Review. Grant activity will be prioritized to ensure the scope and scale of funding is commensurate with Institutional efforts required to accomplish grant activities. Roles and Responsibilities: Grant writers seekers are required to consult with stakeholders and other impacted areas during grand application development and before submission. Grants substantially affecting curriculum require review by the Curriculum Committee prior to acceptance and implementation. Permission to submit a grant application is granted by the President’s Cabinet. On the rare occasion that sufficient time for responding to a grant application does not afford Cabinet review, the President/Superintendent or designee may approve submission of a grant proposal. Permission is required for all grant proposals, including renewals of current grants, regardless of whether the college is the lead agency or a sub-recipient. Process: Ideas for grants can be generated by any staff or faculty member. Any member of the district who intends to submit a grant application on behalf of the district must complete a grant proposal form provided by the Grants Director or administrative designee for grants follow the grants process outline on the website: http://inside.redwoods.edu/grants/. This process applies for submission of letters of support and/or partnership. In order for a grant to be pursued it must be approved by the President’s Cabinet. The final grant application must also be approved by the President’s cabinet before submission. After review by the area vice president and the Grants Director or administrator responsible for grants, grant proposal forms will be submitted to the President’s Cabinet for review and approval. Preliminary and final grant budgets will be reviewed and approved by the Chief Business Officer or designee and the Grants Director or designee. In the event that a grant proposal is not reviewed by Cabinet prior to submission, it will be subsequently submitted to Cabinet as an informational item. Grant proposals must be available for review and signature by the appropriate individuals prior to submission to the granting agency. The Grants Director or other administrative designee must review all proposal documents prior to submission, including the budget, narrative, and letter of College Council December 2, 2013 Page 10 support from the college. The Grants Director and the Chief Business Officer The Chief Business Officer and the Grants Director will notify the Board of Trustees annually of all grant applications made and grants received by the District. Unless otherwise directed, grant writers seekers and project directors shall ensure the Grants Director and any other administrative designee receive copies of all grant proposals, budgets, and letters of support, award letters, contracts, and grant reports. Final contracts and budgets will be maintained in the business office. Reference: Education Code Section 70902 Approved: 03/14/2012 College Council December 2, 2013 Page 11 Redwoods Community College District Board Policy BP 3440 SERVICE ANIMALS In order to accommodate and assist students, employees, and visitors, the District will allow an individual with a disability to use a service animal in District facilities and on District campuses in compliance with state and federal law. Approved by the Board of Trustees: X/XX/XXXX 1 College Council December 2, 2013 Page 12 Redwoods Community College District Administrative Procedure AP 3440 SERVICE ANIMALS Introduction 1. Animals, other than authorized service animals, are not permitted on campus or at any District property. This policy does not apply to the presence of animals on campus solely for instructional purposes, or to animals present on campus for law enforcement purposes. 2. Enrolled students with a disability who wish to be accompanied by a service animal as an accommodation in a non-public settling (e.g. the classroom or a lab) shall obtain prior written authorization from the DSPS coordinator as provided below. 3. Individuals present on District property who wish to be accompanied by a service animal in a setting open to the general public may, but are not required to, obtain prior written authorization from the ADA coordinator. 4. It is unlawful for any person to knowingly and fraudulently represent himself or herself to be the owner, handler or trainer of a service animal/canine. Penal Code § 365.7. 5. Students who violate this policy may be subject to discipline pursuant to the student code of conduct. Visitors who violate this policy may be denied permission to remain on District property. District Evaluation Procedure 1. Enrolled students who wish to have a service animal in an instructional setting or other non-public setting as an accommodation may request an evaluation. These students shall be directed to the Disability Support Programs and Services (DSPS) office. a. The student shall provide documentation of his/her disability and a description of the disability related tasks which the animal performs which facilitate access to District programs, services or activities. b. The determination shall be made as to whether the presence of the animal would have a significant negative effect upon the service, program or activity involved such that its presence would pose a direct threat to the health or safety of others, or would be unduly disruptive, which cannot be eliminated by other reasonable means. College Council December 2, 2013 Page 13 c. The evaluation of the student’s request shall also include the criteria set forth below in paragraph 3. d. The authorization letter may be limited in time to require subsequent proof of updated licensing, vaccinations, etc. e. If the request for accommodation is approved, the student shall sign the DSPS Service Animal Agreement, and the student shall be issued a service animal sticker for placement on the student’s ID card as proof of approval of the request to utilize the service animal in a non-public setting. 2. Persons who wish to have a service animal in a setting open to the general public may request an evaluation. The evaluation of this request shall include the determination of: a. Is the animal a service animal required because of a disability? b. What work or tasks has the animal been trained to preform? For example, for an individual who is blind or has low vision, a service animal would mean a dog that helps him/her with vision, navigation and other tasks; for an individual who is deaf or hard of hearing, a service animal would mean a dog that alerts him/her to the presence of people or sounds; or for an individual with psychiatric or neurological disabilities, a service animal would mean a dog that assists him/her by preventing or interrupting impulsive or destructive behaviors. 3. The evaluation as to requests under section 1 and 2 shall also include the determination as to whether: a. the service animal is well behaved (e.g. no undue barking, growling, whimpering, or disruptive behavior); b. the service animal has all required vaccinations and shall wear at all times a current and valid vaccination tag; c. the service animal is on a leash at all times unless infeasible, in which case the animal shall otherwise be under the handler’s full control; d. the service animal is “house-broken;” the handler ensures that the service animal uses only specific areas for relief as designated by the District; and in any event the handler shall promptly clean up after the service animal; and e. the service animal is in good health and well-groomed. College Council December 2, 2013 Page 14 The failure of the handler to comply at all times with the criteria in paragraph 3 shall be cause to revoke any authorization and exclude the service animal from campus, in addition to any other appropriate action. Prior written authorization to allow the service animal is not mandated as to individuals with service animals in a setting open to the general public, but it is encouraged. No referral to DSPS is required for this type of request. If staff making these inquiries is concerned about this issue, he/she may contact DSPS staff or campus security for assistance. General Provisions 1. A student or visitor is limited to one approved service animal. 2. Only dogs or miniature horses may qualify as service animals under this policy. 3. Neither the perceived crime deterrent effect due to an animal’s presence nor the provision of emotional well-being or companionship by the animal is a basis for approval of an animal on campus. 4. The owner and handler of a service animal shall be responsible for any damage to the premises, facility or to any person caused by the animal. 5. Enrolled students or visitors who work as service dog trainers may obtain authorization if: a. Proof is provided that the handler is a bona fide trainer of the animal; b. The criteria in paragraph 3 are satisfied; and c. The dog-in-training wears at all times an identifying vest. 6. All authorizations are subject to immediate revocation if the criteria provided in paragraph 3 are violated, e.g. the dog is no longer licensed, well-behaved, currently vaccinated, etc. 7. If an authorization is denied as to a student, the District shall take the following steps: a. Determine whether modifications to District policies, practices, or procedures can be made to permit the individual with a disability to participate in District services, programs or activities without the service animal; b. Determine whether academic adjustments or auxiliary aids may be used by a student with a disability to permit his/her participation in District services, programs or activities without the service animal. College Council December 2, 2013 Page 15 8. An individual with a disability who believes he/she has been unlawfully denied the use of a service animal may file a complaint pursuant to District Policy No. 5530. Adopted by Board of Trustees: XX/XX/XXXX College Council December 2, 2013 Page 16 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 3900 SPEECH: TIME, PLACE AND MANNER Students, employees, and members of the public shall be free to exercise their rights of free expression, subject to the requirements of this policy. The college is a non-public forum, except for those areas that are designated public forums available for the exercise of expression by students, employees, and members of the public. The President/Superintendent shall enact such administrative procedures as are necessary to reasonably regulate the time, place, and manner of the exercise of free expression in the designated public forums. The administrative procedures promulgated by the President/Superintendent shall not prohibit the right of students to exercise free expression, including but not limited to the use of bulletin boards, the distribution of printed materials or petitions in those parts of the college designated as areas generally available to students and the community, and the wearing of buttons, badges, or other insignia. Speech shall be prohibited that is defamatory, obscene according to current legal standards, or which so incites others as to create a clear and present danger of the commission of unlawful acts on District property or the violation of District policies or procedures, or the substantial disruption of the orderly operation of the District. Nothing in this policy shall prohibit the regulation of hate violence directed at students in a manner that denies their full participation in the educational process (Education Code Section 66301(e)), so long as the regulation conforms to the requirements of the First Amendment to the United States Constitution, and of Section 2 of Article 1 of the California Constitution. Students may be disciplined for harassment, threats, or intimidation unless such speech is constitutionally protected. See Administrative Procedure 3900. References: Education Code Sections 76120 and 66301 FREE EXPRESSION BY STUDENTS 1. Freedom of speech and assembly and an educated citizenry are the cornerstones of democracy. An educational institution in a society governed according to these principles has a special responsibility to educate its students and its community so that free 1 College Council December 2, 2013 Page 17 discussion, assembly, and the curious mind will remain viable instruments of intelligent self-direction. 2. The college community must provide an atmosphere in which its citizenry can examine ideas and learn to discriminate among them. Such discriminations can be made only on the basis of free inquiry, which entails the analysis of issues, the weighing of evidence, and the recognition of fact and fallacy. The cultivation of such inquiry is a special responsibility of the school, the assumption being that truth will prevail in the marketplace of ideas. 3. For these reasons freedom of speech and assembly will be encouraged at College of the Redwoods as the fundamental prerequisites of free inquiry and free discussion. In keeping with these basic American principles, students, faculty members, and administrators are free to bring to the campus a diversity of viewpoints reflecting the variety of opinions to be found in our society as a whole. 4. These freedoms are accompanied by responsibilities, both legal and academic. All in the college community have the responsibility of assuring that an open atmosphere prevails on campus, that the expression of any shade of opinion is respected, that speakers are not interrupted or harassed, and that language, acts, or displays that would seriously offend significant numbers of people be avoided as being a deterrent to meaningful dialogue and growth. 5. All in the college community must remember that the disruption of the normal functions of any class, meeting, office, or facility, the threat of intimidation or physical coercion, and the use of libelous or purely obscene language, acts, or displays are not allowed by law and are, therefore, not protected by this policy of freedom of speech. 6. Students who neglect to observe these principles shall be subject to suspension or expulsion under the district student code of conduct or applicable penal code sections. Faculty members who disregard these guidelines are subject to appropriate professional action. The Board, through the administration, will enforce the applicable laws. Policy for Speakers on Campus A. Classroom Guest Speakers Refer to Board Policy 116 and Administrative Regulation 116.01 for guidelines covering classroom guest speakers. B. Open Meeting (one which is open to the general public) The presentation of any speaker or program in an open meeting shall have the prior approval of the appropriate area administrator, who shall assume the responsibility for the invitation and supervise the physical arrangements. The administrator shall be guided by the policies of the board. Any program conflicting with board policy is subject to cancellation. 2 College Council December 2, 2013 Page 18 C. Campus Guest Speakers Refer to Board Policy 117 and Administrative Regulation 117.01 for guidelines covering campus guest speakers. D. Club Meeting The presentation of any speaker or program initiated by a student club or recognized student organization shall have the approval of the student activities coordinator and faculty advisor of that club or organization. E. Open Mike Forum for Students and Employees of the District An appropriate location will be designated for presentation (formal and informal) by faculty members, students, administrators, trustees, or members of the classified staff of the college. The open mike activities are confined to members of the college community or approved off-campus guest(s) (see Section C above). Any organization or individual wishing to be assured time should make arrangements with the Vice President of Student Services or designee. A statement prepared by the district counsel, including reminders of fair play and libelous, slanderous or illegal actions, will be brought to the attention of users of the facility. Dissemination of Information Every bulletin board on campus will be assigned as open or closed by the Vice President of Student Services or designee after consultation with the department or individual involved. A closed bulletin board will signify that it will be used only for department matters. An open board will signify that literature may be posted under the jurisdiction of the respective division administrator. Any CR student, faculty member, administrator, board member, or classified staff member may post or distribute literature at the kiosks and/or other designated areas upon the approval of the Vice President of Student Services or designee. Materials that may be libelous, slanderous, or that may prompt illegal actions may not be approved. Any off-campus group or individual will not be allowed to post or pass out material without approval of the Vice President of Student Services or designee. Former Board of Trustees Policy No. 524, number change only on July 10, 2012 Adopted by the Board of Trustees: August 15, 1977; July 17, 1978; June 1983 Amended: October 3, 1994 3 College Council December 2, 2013 Page 19 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure DRAFT AP 3900 SPEECH: TIME, PLACE AND MANNER The students and employees of the District and members of the public shall be permitted to exercise their rights of free expression subject to the time, place, and manner policies and procedures contained in Board Policy 3900 and these procedures. The college is a non-public forum, except for in designated areas. A complete list of approved areas can be obtained by contacting the Chief Student Services Officer. These areas are chosen so as to provide visibility and allow communication to a large number of students, administrators, faculty, and others walking or traveling on campus but also so as not to disrupt educational and other activities of the District on behalf of students: These areas are designated public forums. The District reserves the right to revoke that designation and apply a non-public forum designation. The District reserves the right to designate areas as non-public forums as necessary to prevent the substantial disruption of the orderly operation of the college. Areas of the college that are non-public forums specifically include campus offices, classrooms, warehouses, maintenance yards, or locker rooms, and any other area not specified above. The use of these areas reserved and open for expressive activities is subject to the following: Persons using and/or distributing material in the areas shall not impede the progress of passersby, nor shall they force passersby to take material. No person using the areas shall touch, strike or impede the progress of passersby, except for incidental or accidental contact or contact initiated by a passerby. Persons using areas shall not use any means of amplification that creates a noise or diversion that disturbs or tends to disturb the orderly conduct of the campus or classes. Non-student, community groups wishing to engage in speech or expressive activities on campus, in the areas designated as public forums, must provide notification to the District through President/Superintendent or designee not more than three business days in advance of the activities and must describe the nature of the planned activities. No illegal activities will be permitted, no activities which violate District or campus rules, including rules and laws on illegal harassment and discrimination, and none that will substantially interfere with or disrupt activities already scheduled for that day and time in the designated areas. All persons using the areas that are designated public forums shall be allowed to distribute petitions, circulars, leaflets, newspapers, and other printed matter. Such distribution shall take place only within those areas. Material distributed in the areas that is discarded or dropped in or around the areas other than in an appropriate receptacle must be retrieved and removed or properly discarded by those persons distributing the material prior to their departure from the areas that day. 1 College Council December 2, 2013 Page 20 Posting Bulletin boards shall be provided for use in posting materials at campus locations convenient for use by students, staff, and members of the public. All materials displayed on a bulletin board shall clearly indicate the author or agency responsible for its production and shall be dated with the date of posting by the CSSO or designee. Materials displayed shall be removed after the passage of ten days. References: Education Code Sections 76120 and 66301 No prior procedure (replaces BP 524 Free Expression by Students). 2 College Council December 2, 2013 Page 21 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 6540 INSURANCE The President/Superintendent shall be responsible to secure insurance for the District as required by law, which shall include but is not limited to the liabilities described as follows: Liability for damages for death, injury to persons, or damage or loss of property; Personal liability of the members of the Board and the officers and employees of the District for damages for death, injury to a person, or damage or loss of property caused by the negligent act or omission of the member, officer, or employee when acting within the scope of his or her office or employment. The President/Superintendent may authorize coverage for persons who perform volunteer services for the District. Worker's compensation insurance. Insurance also shall include fire insurance and insurance against other perils. The District may join in a joint powers agreement pursuant to Education Code Section 81603 for the purposes described in this policy. Education Code Sections 70902, 72502, 72506, 81601, et seq. Adopted by Board of Trustees: 8/15/77 Amended: 11/4/03 College Council December 2, 2013 Page 22 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 6540 Insurance Insurance coverage shall be provided for loss or damage to all real and personal property of the District, to insure the District for liability and personal liability of all board members and employees; for damages to persons or property due to its sole or active negligence, and to insure the District from losses due to employee dishonesty, injury or death. The requirement to provide for insurance coverage may be met by the district joining in a Joint Powers Authority (JPA) pursuant to Education Code §81603. If it does so, the regulations required by the JPA would be adopted. At a minimum, the District will insure for the following risks: Liability insurance for damages for death, injury to person, employee dishonesty, or damage or loss of property. Liability insurance for the personal liability of the members of the Board and of the officers and employees of the District for damages for death, injury to a person, or damage or loss of property caused by the negligent act or omission of the member, officer or employee when acting within the scope of his/her office or employment. Fire insurance Real property damage Personal property loss or damage Insurance for District vehicles with coverage to provide comprehensive and collision insurance on all District-owned vehicles Boiler and machinery coverage: this coverage insures against risks of direct physical loss or damage to electrical distribution panels, transformers, cables, boilers, and other pressurized equipment Loss of money and securities inside and outside premises. Insurance against “other perils” (Education Code Section 81601) Workers compensation insurance Actuarial evaluation of the future annual costs of health and welfare benefits Note: Education Code Section 81602 specifically authorizes the District to contract for investigative, administrative and claims adjustment services. The contract may provide that the contracting firm may reject, settle, compromise and approve claims within limits and for amounts specified by the Board, including execution and issuing of checks in payment of such claims. The contract may also provide that the contracting firm may employ counsel. References: College Council December 2, 2013 Page 23 Education Code Sections 70902, 72502, 72506, and 81601 et seq. College Council December 2, 2013 Page 24 REDWOODS COMMUNITY COLLEGE DISTRICT BP 6700 Board Policy Number Update only from Board of Trustees Policy No. 705 USE OF DISTRICT FACILITIES Pursuant to the Civic Center Act, use of district facilities shall be granted as provided by law. The President/Superintendent shall establish procedures regarding the use of college property, including but not limited to facilities, equipment, and supplies by community groups and other outside contractors. These administrative procedures shall reflect the requirements of applicable law, including Education Code Section 82537, regarding Civic Centers. The regulations shall include reasonable rules regarding the time, place, and manner of use of District facilities. They shall assure that persons or organizations using college property are charged such fees as are authorized by law. Public use of District property shall not interfere with scheduled instructional programs or other activities. The President/Superintendent shall establish procedures for fund-raising or fee-based advertising and sign placement on District property. No group or organization may use District property for purposes that discriminate on the basis of race, color, religion, ancestry, national origin, disability, sex (i.e., gender), or sexual orientation, or the perception that a person has one or more of the foregoing characteristics. Education Code Sections 82537; 82542 Former Board of Trustees Policy No. 705, number change only on June 5, 2012 Adopted by Board of Trustees: 8/15/77 Amended: 3/7/94, 11/4/03 College Council December 2, 2013 Page 25 COLLEGE OF THE REDWOODS AP 6700 Administrative Procedure Number Update only from Administrative Regulation No. 705.01 USE OF DISTRICT FACILITIES The Vice President, Chief Business Officer, shall be responsible for the coordination and implementation of these procedures and shall determine the applicable fees to be charged. Facility use shall be limited to places and times identified by the Vice President, Chief Business Officer, but shall be sufficiently frequent and available on specific dates and times, so as to allow meaningful use by outside groups. Except as provided in these procedures, no organizations shall be denied the use of District facilities because of the content of legally protected speech to be undertaken during the use. The Vice President, Chief Business Officer, shall have the authority to revoke permission for use of a District facility at any time when it is deemed in his/her sole discretion to be in the best interest of the District. The District’s granting of permission to use its facilities whether or not any fee is paid shall not create any right or claim to District facilities. The District shall not be liable for any party’s loss due to the unavailability of District facilities for any reason whatsoever, beyond the refund of the facility use fee paid, if any. All facility use agreements shall be governed by California law, and venue shall be in the Superior Court of the County of Humboldt, California, and no other place. All fees assessed must be received by the District and paid in full at least three business days prior to the date of the event. Failure to meet this payment deadline may result in the facility use permission being revoked. Once booked, any fee assessed is due and payable, regardless of whether the user subsequently cancels the request or otherwise fails to use the facility, except that the fee may be removed only at the discretion of the President/Superintendent or the Vice President, Chief Business Officer. Requests for use of District facilities shall be made in advance and in writing on application forms provided by the District. One individual, authorized in writing by the group or organization, must complete and sign the application and shall as a condition of use agree to be held financially responsible along with the group or organization for all debts incurred including but not limited to payment of fees, or for loss or damage to District property. Individuals and groups that fail to pay all debts in a timely manner may be subject to the account collections process. PRIORITY OF USE Priority for use of District facilities shall be as follows: 1. Responders during any District emergency operations, such as the Humboldt County Sheriff or American Red Cross. 1.2.PRIORITY 1: Redwoods Community College District classes and activities, collegesponsored clubs, and student body organizations, early college high school programs hosted by the District, District foundation, Accreditation organizations, and District auditors. . College Council December 2, 2013 Page 26 2.3.PRIORITY 2: College-related groups (e.g. booster clubs, employee bargaining units and/or organizations). 3.4.PRIORITY 3: Departments and agencies of local governmental entities, other schools and colleges, when the purpose of the use is educational. 4.5.PRIORITY 4: District-based non-profit community organizations formed for educational, political, economic, artistic, and moral interests of the community. 6. PRIORITY 5: Other approved groups, including fund-raising or fee-based advertising and sign placement on District property subject to limitation set forth in this and other Board policy, administrative procedures, Education Code, and Law. 5.7.The use of District facilities shall not be granted to individuals or unrecognized groups for personal or private functions or to any entity except those described in 1 through 6 above.. FEE CATEGORIESFee Categories Entities in priority 2 and 3 above shall generally not be charged a facility use fee. Othersrganizations, other than officially recognized Redwoods Community College District student groups and clubs, staff groups, and college community advisory councils shall be assessed fees/costs according to the following classifications and definitions: GROUP 1 - DIRECT COST CHARGEGroup 1 – Direct Cost Charge Community organizations including youth and adult groups committed to community services (Campfire Girls, Boy Scouts, Girl Scouts, American Red Cross, etc.); senior citizen organizations; public agencies; and non-profit organizations, clubs, or associations organized for cultural activities, general character building or welfare purposes of community citizens shall pay direct cost charges. There may also be a service fee for opening and closing rooms, custodial services, set-up, etc. Organizations that charge an admission fee or collect contributions that are not expended for the welfare of District students or bona fide charitable purposes shall qualify as Group 2. GROUP 2 - FAIR RENTAL VALUEGroup 2 – Fair Rental value Profit-making organizations or organizations which do not qualify for direct cost rates (Group 1) shall be charged fair rental value providinged these groups are presenting events of an educational, cultural, or recreational nature. Included in this category might be independent sporting, dance, theater, or musical groups, private instruction and private businesses. SPECIAL CONDITIONSConditions for Use of District Facilities 1. The Vice President, Business Services, shall be responsible for the coordination and interpretation of the Governing Board policy regarding the use of District facilities. In addition, the Vice President, Business Services, shall determine fees to be charged, where applicable. 2. Requests for use of District facilities shall be made in advance and in writing on forms provided by the District. Permission toThe use of facilities shall be granted and scheduled by the Site Facilitator, which is the (Director of Facilities and GroundsMaintenance and Operations in Eureka or the Dean senior administrator for facilities located outside Eurekain Fort Bragg or Crescent City). All facilities use are is subject to approval by the Vice President, Business ServicesChief Business Officer. College Council December 2, 2013 Page 27 3. All applications shall be made at least thirty (30) days in advance of the first date of use being requested. Late applications may be considered. Unless unusual scheduling problems are involved, tThe College District generally will not schedule use of facilities for more than six months in advance. 4. Applicants for use of District facilities shall be notified in writing whether the request is approved or denied. If approved, a completed copy of the application together with any special requirements shall be mailed to the applicant. 5. Unless special circumstances are involved, permission to use District facilities shall neither be granted for a period exceeding one fiscal year, nor so often during any year as to afford an organization a real or implied monopoly. All user groups shall be required to provide the District with a hold harmless and indemnification agreement acknowledging that they will be financially responsible for any losses, damages, or injuries incurred by any person as a result of their use of the facilities. All user groups shall also be required to provide a certificate of insurance with limits acceptable to the District. The Vice President, Chief Business Officer shall determine in his/her sole judgment if the indemnification and insurance certificate is acceptable to the District. Failure to provide acceptable documentation at least three business days prior to the date of the event may result in the facility use permission being revoked. 6. An approved application may be revoked with reasonable notice when college facilities are needed for school purposes. 7. The use of District facilities shall not be granted to individuals or unrecognized groups for personal or private functions. 8. The Vice President, Business Services, shall have the authority to revoke permission for use of a college facility at any time when it is deemed in the best interest of the Community College District. 9. There shall be an employee of the District in charge during each use. The employee's duties shall include the opening and closing of buildings and grounds, the operation of mechanical systems, and the enforcement of regulations and prevention of disturbances. A charge shall be made whenever this requirement results in the District incurring additional expense. Additional District employees may be required depending on the specific circumstances and the District equipment in use. A charge may be made whenever this requirement results in the District incurring additional expense. Any time the forum theater is used, a college technician shall be present. 10. Any person applying for the use of college property on behalf of any group shall be a member of such applicant group, and, unless he/she is an officer of such group, must present written authorization to represent the group upon request. 11. The individual signing the application for use of College facilities shall, as a condition of use, agree to be held financially responsible in the cause of loss or damage to District property. 12. Using organization shall be responsible for the control and supervision of all persons in attendance during the use of District facilities. Groups with minors in attendance shall provide their own chaperons. The number of chaperons required may be determined by the District. The District shall require security personnel to be on duty as a condition of use College Council December 2, 2013 Page 28 whenever it is deemed to be in the District's best interests. District keys and access devices required to carry out any and all activities shall remain in the possession of authorized District employees. Keys and access devices shall not be turned over to individuals, organizations, clubs, associations, etc. Buildings shall be opened, attended, and closed by an authorized employee of the District. Use of playing fields shall not be permitted during periods of rain or when fields remain wet following rain and when use would be harmful to the playing surface. 13. When a fee is charged by the College, the date and amount of payment established on the permit shall be determined by the Business Office. Prompt payment to the Business Office is expected and is a condition for denial of future use by the group. 14. Any group using the College facilities or equipment under this policy is responsible for any injury incurred in the use of said facilities and equipment. The District shall be held harmless for any accidents which may occur. The use of facilities shall be conditioned upon the user providing a certificate of insurance naming Redwoods Community College District as "additional insured" at a minimum amount of $1 million. 15. Groups using District facilities shall be responsible for returning the facility to its original the condition in which they leave the facilities. Costs for custodial work, repairing damage, or any other costs related to returning the facility to its original condition or any unexpected or unusually high costs incurred by the District related to the facility use may be charged back to the group and the applicant. Any abuse or misuse of facilities, including playing fields, shall be reported immediately to the Vice President, Business ServicesChief Business Officer. Where appropriate, a charge for damage or loss of District property shall be established by the Vice President, Business Services, in cooperation with the Site Facilitator. Failure to pay immediately for these costsdamage or any abuse or misuse of District facilities may be grounds for refusal of future facility requests and may be subject to the account collections process. Any unsafe or unsatisfactory condition discovered by the user in the course of the event should be reported to the Site Facilitator or the Business Maintenance and Operations Department Office as soon as practicable. Any unsafe condition observed by the user must be reported immediately to a District employee or by calling the District Public Safety Office. 16. The District’s Dining Services Office shall provide Aall food service and concessions, unless Dining Services exercises its right of first refusal. All food service and concessions shall be operated according to law and College District regulations. Catered events will not be included in the use-price and must be arranged separately with the College District food-service vendor for Eureka, or privately for Crescent City or Fort Bragg. Rooms posted with eating restrictions must be observed. 17. Churches, religious groups, and sectarian organizations with no suitable meeting place may occasionally use District facilities for religious services. A fair rental charge shall be made for each use. 18. The application and the technical check lists must be completed entirely and include a description of all requested facilities and equipment. The Site Facilitator shall make necessary arrangements of personnel to operate equipment requiring skilled operators. College Council December 2, 2013 Page 29 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 6740 CITIZENS’ BOND OVERSIGHT COMMITTEE Proposition 39, approved by California voters in the November 7, 2000 general election, provides that the governing board of a school district may pursue the authorization and issuance of bonds by 55 percent vote of the electorate. As a result of the passage of Proposition 39, language was added to the Education Code requiring school districts passing a bond designated as a Proposition 39 bond election to establish a Citizens’ Oversight Committee (Committee) to monitor and audit the use of bond proceeds whenever the District passes a Proposition 39 bond. When a Proposition 39 bond is passed, the President/Superintendent shall establish a Citizens Bond Oversight Committee (Committee) in accordance with applicable law and regulations. Tthe Board shall establish a Committee’s membership and charge to shall meet the requirements of Education Code Sections 15278 through 15288, and the Committee shall monitor and audit the use of bond proceeds to ensure they funds are spent only on school and classroom improvements as described in the applicable ballot language and not for any other purpose. The Committee shall be established within sixty (60) days of the date that the Board enters the election results in its minutes. The procedures for selection and appointment of Committee members, conduct of meetings, an outline of duties of the Committee, and the scope of the Committee’s responsibility to the public and the Board are set forth in administrative procedures of the Board. See Administrative Procedure #6740 Reference: Education Code Sections 15278-15288; California Constitution Article XIIIA, Section 1(b), Article XVI, Section 18(b) Adopted by Board of Trustees: 1/4/05 College Council December 2, 2013 Page 30 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 6740 CITIZENS’ BOND OVERSIGHT COMMITTEE Purpose The Citizens Bond Oversight Committee (Committee) is established to inform the public about the expenditure of bond revenues; to review and report on the proper expenditure of taxpayers’ money for school construction; and to advise the public as to the District’s compliance with the Proposition 39 requirements as contained in the California Constitution. The Committee shall meet the requirements Proposition 39 and Education Code sections 15278 through 15288, as described below. Activities - The Committee shall: • Receive copies of the annual, independent performance audit • Receive and review copies of the annual, independent financial audit; • Inspect school facilities and grounds to ensure that bond revenues were properly expended; • Receive and review copies of any deferred maintenance proposals or plans developed by the District; and • Review efforts by the District to maximize bond revenues by implementing costsaving measures. Membership The Committee shall consist of at least seven (7) members to serve for a term of two (2) years and for no more than two (2) consecutive terms. Members of the Committee shall serve without compensation, but reasonable travel expenses may be reimbursed in accordance with District travel procedures. The Committee shall be comprised of at least: • One (1) member active in a business organization representing the business community located within the District; • One (1) member active in a senior citizen’s organization; • One (1) member active in a bona fide taxpayer’s organization; • One (1) student member both currently enrolled at College of the Redwoods and active in a college group. The student may serve up to six (6) months after his or her graduation; • One (1) member active in the support and organization of the District No employee, official, vendor, contractor, or consultant of the District shall be appointed to the Committee. College Council December 2, 2013 Page 31 Assistance The District shall provide the Committee with any necessary technical or administrative assistance, as well as other resources, to publicize its conclusions. Public Meetings Meetings of the Committee shall be open to the public and notice shall be provided in accordance with the provisions of open meetings laws (Brown Act). Members of the public attending committee meetings shall have an opportunity to address the committee. Reports At least once each year, the Committee shall issue a report on the result of its activities. Minutes from its proceedings, all documents received, and reports issued are a matter of public record and shall be made available on an internet website maintained by the District. Reports by the committee shall also be presented to the Board of Trustees at a regularly scheduled meeting. Proposition 39, approved by California voters in the November 7, 2000 general election, provides that the governing board of a school district may pursue the authorization and issuance of general obligation bonds by 55 percent vote of the electorate. As a result of the passage of Proposition 39, language was added to the Education Code requiring school districts passing a bond designated as a Proposition 39 bond to establish a Citizens’ Oversight Committee (Committee) to monitor and audit bond proceeds to ensure they are spent only on school and classroom improvements and not for any other purpose. The Committee shall be established within sixty (60) days of the date that the Board enters the election results in its minutes. A. Committee’s Purpose (Education Code Section 15278) The purpose of the Committee is to inform the public concerning the expenditures and use of bond revenues. The Committee’s legal charge is to actively review and report on the expenditure of taxpayers’ money for school construction. The Committee shall convene to provide oversight of the following: 1. Ensuring that bond revenues are expended only for the purpose described in Article 13A, Section 1, Subdivision (b)(3) of the California Constitution including the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities; And 2. Ensuring that as prohibited by Article 13A, Section 1, Subdivision (b)(3)(A) of the California Constitution, no funds are used for any faculty and administrative salaries or other school operating expenses. B. Committee’s Duties (Education Code Section 15278) The Committee may engage in the following activities in furtherance of its purpose: College Council December 2, 2013 Page 32 1. Receiving and reviewing copies of the annual performance audits required by Article 13A, Section 1, Subdivision (b)(3)(C) of the California Constitution. 2. Receiving and reviewing the annual financial audits required by Article 13A, Section 1, Subdivision (b)(3)(D) of the California Constitution. 3. Inspecting school facilities and grounds to ensure that bond revenues are expended in compliance with the requirements of Article 13A, Section 1, Subdivision (b)(3) of the California Constitution. 4. Receiving and reviewing copies of bond related scheduled maintenance proposals or plans developed by the Redwoods Community College District, including any reports required by Education Code Section 17584.1. 5. Reviewing efforts by the Redwoods Community College District to maximize bond revenues by implementing cost-saving measures including, but not limited, to the following: a. mechanisms designed to reduce the costs of professional fees; b. mechanisms designed to reduce the cost of site preparation; c. recommendations regarding the joint use of core facilities; d. mechanisms designed to reduce costs by incorporating efficiencies in school site design; e. recommendations regarding the use of cost-effective and efficient reusable facility plans. C. Committee Operations (Education Code Section 15280) The Committee’s legal charge is to monitor bond expenditures and to inform the public about the uses of bond proceeds. The Committee shall not have the authority to: 1. Participate in the bond sale and issuance process or make decisions concerning the timing, terms, or structure of a bond issuance, except that the Committee may review the District’s plan for any bond sale and may review bond issuance documents upon the conclusion of a bond sale if desired; 2. Determine how bond funds shall be spent; 3. Select contractors or consultants for bond projects or participate in the negotiation of bid process for such contractors and consultants, except that the Committee may review the selection process and documents related thereto upon completion of any such selection; 4. Enter or inspect a job site or construction project without prior permission of the Redwoods Community College District President/Superintendent. Visits to job sites require that the Committee member(s) be accompanied by a representative of the Redwoods Community College District and require that all safety measures in effect at the job site be followed; 5. Contact District contractors or consultants, including without limitation, accountants, auditors, architects, financial advisors, and legal counsel, without the prior written permission of the Redwoods Community College District President/Superintendent. 6. Require the District to prepare reports or conduct audits more frequently than those required by law. The Committee shall not be entitled to legal representation by Redwoods Community College District legal counsel or at District expense, unless expressly permitted by the Board. College Council December 2, 2013 Page 33 The Committee shall generally meet quarterly at the Redwoods Community College District’s Board Room at the Eureka campus unless a meeting is required at a branch campus. The Committee members shall be available to attend board meetings when performance and financial audits are presented. The President/Superintendent or designee shall attend Committee meetings. Members of the Board shall attend as necessary or desirable. The Committee’s meetings are subject to the Ralph M. Brown Act, Government Code, Section 54950 et seq. None of the Committee’s activities shall constitute a reason for a closed session. Meetings shall be open to the public and noticed in the same manner as proceedings of the Board. The Committee shall annually select a chairperson and vice chair and Committee decisions will be made by majority vote. Minutes of Committee proceedings and all documents received and reports issued shall be a matter of public record and the Redwoods Community College District shall make all documents and minutes available on the District’s Internet website. The Committee shall prepare regular reports on Committee activities. A report shall be issued at least once each year within the District’s annual report. Upon completion of all bond projects, the Committee shall prepare a final written report summarizing its activities and conclusions. The Board shall, without expending bond funds: 1. provide the Committee with any necessary technical assistance; 2. provide administrative assistance in furtherance of the Committee’s purpose; and 3. provide the Committee with sufficient resources to publicize the Committee’s conclusions. D. Committee Selection and Composition (Education Code Section 15282) The Committee shall be comprised of individuals who either live or work within the boundaries of the Redwoods Community College District. The Board or designee shall solicit applications for membership on the Committee, and in the event the number of applicants exceeds the number of spaces available, shall conduct interviews of interested citizens. The Board shall have the authority at its sole discretion to select and appoint the Committee. The Committee shall consist of at least seven (7) members, but the board shall determine the final size of the Committee. Members shall serve without compensation. Travel expenses may be reimbursed in accordance with Redwoods Community College District travel policy procedures. Bond funds shall not be used for this or any other committee support. Committee membership shall include the following community residents: 1. One member shall, at the time of appointment, be active in a business organization representing the business community of the Redwoods Community College District; 2. One member shall, at the time of appointment, be active in a senior citizens’ organization, which may be a local, regional, statewide, or national organization; 3. One member shall, at the time of appointment, be active in a bona fide taxpayers’ organization, which may be a local, regional, statewide, or national organization; 4. One member shall, at the time of appointment, be a student both currently enrolled in the Redwoods Community College District and active in a campus group; 5. One member shall, at the time of appointment, be active in the support and organization of the Redwoods Community College District, such as a member of an advisory council or foundation. College Council December 2, 2013 Page 34 A single individual may be appointed as a representative of more than one of the above categories, if applicable. No past or present employee or official of the Redwoods Community College District shall be appointed to the Committee. Additionally, no vendor, contractor, or consultant of the Redwoods Community College District shall be appointed to the Committee. After appointment to a two-year term, Committee members who wish to be appointed for a second two-year term shall reapply to the Board for consideration. In order to provide continuity, up to but no more than four (4) of the current Committee members may be appointed for a second two-year term. E. Replacing a Committee Member (Education Code Section 15282) A new Committee member will be named by the Board if one or more of the following events occur: 1. The Committee member submits a written resignation; 2. the Committee member misses three (3) Committee meetings; and/or 3. in the judgment of the Committee, a member is unproductive or disruptive. An individual who replaces such a member shall serve until the completion of the original member’s term. Thereafter, the member must apply for an additional term if he or she wishes to remain on the Committee. A Committee member who no longer serves as a representative of the designated group he or she was appointed to represent (e.g., ceases to be active within a taxpayers’ organization, or be active in a business organization) shall be allowed to complete his or her term. However, that Committee member shall not be entitled to serve a subsequent term as a representative of the designated group. The Committee member representing the student may serve up to six (6) months after his or her graduation or ceasing to meet the qualifications of being a student. Within sixty (60) days of being notified of a Committee vacancy, the Board will appoint a new member to complete the term of the vacancy following the process used to select the original Committee members. Committee members shall be subject to prohibitions regarding incompatibility of office pursuant to Government Code sections 1125-1129 and financial interest in contracts pursuant to Government Code section 1090-1098. Reference: Education Code Sections 15728-15288; Government Code: 54950 et seq., 1125-1129, 1090-1098; California Constitution: Article XIIIA, Section 1(b); Article XVI, Section 18(b) Approved: 1/4/05 Revised: 2/6/06 College Council December 2, 2013 Page 35 19. Groups with minors in attendance shall provide their own chaperons. The number required may be determined by the District. 20. College keys required to carry out any and all activities shall remain in the possession of authorized Community College District employees. Keys shall not be turned over to individuals, organizations, clubs, associations, etc. Buildings shall be opened, attended, and closed by an authorized employee of the District. 21. No alcoholic beverages, intoxicant, or controlled substance in any form shall be advertised or brought onto the property of the District without express written permission from the Vice President, Chief Business Officer. Any person under the influence of intoxicating liquors or substances shall be denied participation in any activity. Smoking and other tobacco use is not allowed in any school building, advertising is prohibited, and further restrictions are set forth in Board Policy/Administrative Procedure 3570. All outside vendors are generally prohibited from marketing, advertising, promoting, selling, or otherwise offering their goods or services for consideration by students, faculty, or staff. Fund-raising and feebased advertising and signage may be authorized by the Vice President, Chief Business Officer (athletic signage, electronic signage, etc.) and is restricted by Law, Education Code, Board Policy, and Administrative Procedures. The Vice President, Chief Business Officer in his/her sole discretion shall determine if an advertisement or sign is acceptable. The Athletic Director shall determine the appropriate size, placement and other conditions for signage placed on athletic fields. Violation of this regulation shall be justification for immediate termination of the event, advertisement or signage without refund of fees, closing of the facility, and denial of future use requests. 22. Smoking or use of tobacco is not allowed in any school building or within five (5) feet of the main exit or entrance to such building. 23. No structures, electrical modifications, or mechanical apparatus may be erected or installed on District property without specific written approval by the Site Facilitator. All draperies, hangings, curtains, drops, and all decorative materials used with or upon the District's buildings and grounds, shall be made or treated with a flame-retardant process approved by the State Fire Marshall. Persons and organizations granted the use of District facilities shall assume full responsibility for compliance with all applicable laws and regulations, including but not limited to State and local fire, health, and safety laws and regulations. 24. All draperies, hangings, curtains, drops, and all decorative materials used with or upon the District's buildings and grounds, shall be made or treated with a flame-retardant process approved by the State Fire Marshall. 25. School District furniture or apparatus may not be removed or displaced without permission from the Site Facilitator and under the supervision of the school district employee in charge. Overnight camping on District facilities, including in a designated public forum areas, is prohibited. No person or organization may use any District facility for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or making any fire, or using any tents or other structure for sleeping, or doing any digging or earth breaking, or carrying on cooking activities. College Council December 2, 2013 Page 36 The American Red Cross or other public agencies may use District facilities, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare, and the District will cooperate with these agencies in furnishing and maintaining services deemed by the Board of Trustees to be necessary to meet the needs of the community. Exceptions The following administrators may grant exceptions to this administrative procedure as noted below: The President/Superintendent may grant exceptions to the requirements of this administrative procedure. The District Vice President for Instruction or Student Development may also grant exceptions for District activities (classes, athletic activities, field trips, etc.). The District Vice President, Chief Business Officer for Eureka or the senior administrator for facilities located outside Eureka may also grant exceptions for non-District activities (Boy Scouts, Girl Scouts, American Red Cross, etc.). SPECIALIZED FACILITIES - Eureka The Physical Education Division, working in cooperation with the Vice President, Business Services, shall prepare rules and regulations for use of the physical education facilities guided by the following fundamental principles: 1. The two swimming pools may be available for public use on those evenings, Saturdays, Sundays, and vacation periods, whenever there are no classes scheduled in the swimming pool area. 2. A fee shall be charged for public use for each swimming period. 3. Organized groups may use the swimming pool under the following priorities: a. Learn to Swim Classes, Red Cross Life Saving Classes, Water Safety Instruction Classes. b. Club, Churches, Schools, and Service Organizations (non-profit). 4. The organizations shall make their reservations through the Facilities Office cooperating with the Physical Education Division. 5. All swimmers must supply their own suits and towels. 6. Valuables may be checked with the Lifeguard in charge. 7. A parent, guardian, or other adult must accompany all children under twelve years of age or under 48 inches in height. These adults shall not be charged admission if they do not suit-up for swimming. 8. The other Physical Education facilities, such as, the gymnasium, Field House, Athletic Fields, and All-Weather track, may be made available to organizations or other educational institutions through the same procedures as are currently used for all other facilities. Use of college playing College Council December 2, 2013 Page 37 fields shall not be permitted during periods of rain or when fields remain wet following rain and when use would be harmful to the playing surface. Former Administrative Regulation No. 705.01, number change only on June 5, 2012 Approved: July 8, 1983 Amended: March 7, 1994 College Council December 2, 2013 Page 38 REDWOODS COMMUNITY COLLEGE DISTRICT BP 7400 Board Policy Number Update only for Board of Trustees Policy No. 604 TRAVEL The District values and encourages attendance at conferences, workshops, and meetings that provide an opportunity for the exchange of ideas and information that will enhance the employee's ability to serve the educational program. However, the duration of individual absences or the concurrent absence of more than one staff member from a department must not impair the quality of the educational program. The President/Superintendent is authorized to attend conferences, meetings and other activities that are appropriate to the functions of the District. The President/Superintendent shall establish procedures regarding the attendance of other employees at conferences, meetings, or activities. The procedures shall include authorized expenses, advance of funds, and reimbursement. The President/Superintendent may be temporarily suspend travel authorizations at any time pursuant to Accreditation Standard IIID and Eligibility Requirement 17 – Financial Resources. Travel outside the State of California requires the approval of the President/Superintendent. Travel outside of the United States requires approval by the Board of Trustees. All travel must be approved in advance. Former Board of Trustees Policy No. 604, number change only on June 5, 2012 Adopted by Board of Trustees: August 15, 1977 Amended: April 12, 1979; November 3, 1980; November , 1991; March 7, 1994 College Council December 2, 2013 Page 39 REDWOODS COMMUNITY COLLEGE DISTRICT AP 7400 Administrative Procedure Number Update only from Administrative Regulation No. 604.01 TRAVEL REIMBURSEMENT Travel and Conference Expenses Travel may be authorized for (1) the purpose of attendingto attend a conference, workshop, or meeting, or (2) to perform other necessary services for the District. Employees may be directed to attend relevant conventions, conferences, trainings, etc. at the District’s expense. At a minimum for travel to be authorized, prior to booking/committing to any travel expense, all of the following must be met: The employee must complete and sign a Travel Advance/Reimbursement Form indicating all known expenses and estimating all other expenses related to the travel request; The employee’s supervisor must sign and date the form indicating approval and certifying budget availability; and All additional requirements of this administrative procedure must be met. Reimbursement of related expenses may not be made unless advance authorization has been granted. Authorization is required from the employee's supervisor and appropriate Senior Staff member. Travel requests must be submitted with conference schedules, itineraries, and/or meeting schedules. Any travel outside the State of California requires the approval by the President/Superintendent. Any travel outside the United States requires the approval by the Board of Trustees. Eligible Travel Expenses The District will reimburse the reasonable and customary costs of necessary expenses for District business. Expenses not required for District business and expenses in excess of the least cost or most economical option shall not be claimed for reimbursement. Standard rates are noted below for several categories. Lodging – Rooms must be booked at the single occupancy rate or a split room rate only when shared with another District employee. Employees shall request a discounted room rate (government rate, state rate, etc.), if available. On check-in, the employee shall present a completed Hotel/Motel Transient Occupancy Tax Waiver (waiver) form. Waiver forms are available on the Business Office website and the California Department of General Services website. Acceptance of the waiver form by the hotel/motel is strictly voluntary, and employees may lodge at a hotel/motel that does not accept the waiver form. Amounts in excess of US Department of General Services (DGS) per diem reimbursement rates by destination require itemized receipts. Amounts at DGS per diem reimbursement rates by destination or less do not require receipts. Reimbursements shall not exceed the US Department of General Services (DGS) per diem reimbursement rates by destination, unless prior approval is obtained from College Council December 2, 2013 Page 40 the divisional senior administrator. Current DGS rates are available on their website at: http://www.gsa.gov/portal/category/100120 Meals – Meal allowances are provided up to $36.00 per day based on a rate of 8.00 for breakfast, $10.00 for lunch, and $18.00 for dinner. No reimbursement will be provided for any meal that was included in a conference, workshop, or meeting fee, or provided by the hotel/motel, including continental breakfast. Meal allowances on the initial day of travel are payable if it was necessary to leave the work site, or residence on or before the following times 7:00 a.m. for breakfast, 11:00 a.m. for lunch, and 5:00 p.m. for dinner. Meal allowances on the day of return are payable if the return to the work site or residence, exclusive of eating time, was on or after the following times 9:00 a.m. for breakfast, 1:00 p.m. for lunch, and 7:00 p.m. for dinner. Air Transportation Tickets for air coach shall be purchased through a local travel agency, through on-line purchase, or through the airline company at the most economical rate available. Transportation expense shall be itemized on the Travel Expense form with the receipt attached. Unused, non-refundable tickets should be returned to the Business Office for safekeeping. Rental Vehicles Rental vehicles shall be mid-sized cars or smaller, unless number of passengers or cargo dictates a larger sized vehicle. Individuals, other than CR employees on District business, shall not be transported in cars rented directly by the District or rented by a District credit card. Personal vehicles (or vehicles rented in the employee’s name) shall be used if someone other than those identified on the travel request is to accompany the employee. Reimbursement shall be made on the most economical mode of transportation only as approved by the employee’s supervisor. Travelers shall consider whether air or automobile provides the most economical means. Mileage Reimbursement Reimbursement may be granted for the use of a personal vehicle while performing services that are necessary and are considered to be part of the job function. An Authorization for Use of Personal Auto form must be completed and approved by the appropriate supervising administrator. Requests for reimbursement must also be approved as a proper charge against the District by the appropriate supervising administrator and Senior Staff Administrator. When employees drive their own vehicles while on District business and are involved in an accident, they are required by law to use their own liability policy for coverage. The District liability policy would be used only after the employee's policy limits have been exceeded. The District does not cover, nor is it responsible for, comprehensive and collision coverage to the employee's vehicle. Vehicles shall be shared whenever possible. No reimbursements will be paid for any mileage between an employee's work location and residence. The reimbursement rate shall be the standard mileage rate as determined by the Internal Revenue Service. Vehicle mileage reimbursement shall never exceed the cost of airfare to the same destination(s). Incidentals - Miscellaneous expenses such as telephone, postage, reproduction costs, facsimile charges, minor supplies, and internet access. Laundry and valet expenses may be allowable when an employee's absence from regular service extends beyond five nights. College Council December 2, 2013 Page 41 One "safe on arrival" phone call is also allowed. Amounts in excess of $5.00 per day require itemized receipts. Amounts of $5.00 or less per day do not require receipts. Conference, Workshop, and Meeting Fees Upon presentation of appropriate documentation, including registration verification, actual costs for registration and other fees will be paid by the District. Airfare and Bag Fees - Tickets for air coach shall be purchased at the most economical rate available. Transportation expense shall be itemized on the Travel Expense form with the itemized receipt attached. Unused, non-refundable tickets must be reported on the Travel Expense form with documentation attached. Meal Allowance Reimbursement for meals will be made following the submission of a Travel Expense Request form to the Business Office. Meal receipts are not required. Meal allowances are not to exceed $36.00 per day based on the following rates: Breakfast - $8.00 Lunch - 10.00 Dinner - 18.00 No reimbursement will be provided for any meal that was included in a conference, workshop, or meeting fee, or provided by the hotel/motel, including continental breakfast. Exceptions may be made on a case by case basis by the Vice President, Business Services. As a guideline, meal allowances on the initial day of travel are payable if it was necessary to leave the work site, or residence on or before the following times: Breakfast - 7:00 a.m. Lunch - 11:00 a.m. Dinner - 5:00 p.m. Meal allowances on the day of return are payable if the return to the work site or residence, exclusive of eating time, was on or after the following times: Breakfast - 9:00 a.m. Lunch - 1:00 p.m. Dinner - 7:00 p.m. Lodging When overnight lodging is authorized, the District will reimburse the actual cost of a reasonable and economical room at the single occupancy rate or a split room rate when shared with a District employee. When an employee shares lodging facilities with a nondistrict person (e.g. spouse, children, friend, etc.), reimbursement to the employee is limited to the single occupancy rate. The actual itemized receipt is required and must be attached to the Travel Expense Request form. Discounted room rates must be requested and rooms should be shared whenever possible. Miscellaneous Expenses College Council December 2, 2013 Page 42 The District will reimburse the cost of miscellaneous necessary expenses such as postage, reproduction costs, facsimile charges, minor supplies, parking fees, bridge tolls, and transportation such as taxi fare, bus fare, commuter train, or vehicle rental (allowed only when approval is granted prior to attending the conference). Laundry and valet expenses may be allowable when an employee's absence from regular service extends beyond five nights. Reimbursement for telephone expenses will be allowed only if incurred in conducting college business. One "safe on arrival" call is also allowed. Rental Car and Fuel - Rental vehicles shall be mid-sized cars or smaller, unless the number of passengers or cargo dictates a larger sized vehicle. Vehicles shall be rented from the District’s approved vendor, and another vendor may only be used if the approved vendor is unable to provide the necessary transportation or does not serve the area. Rental car fees in excess of $30.00 per day require receipts. Rental car fees of $30.00 or less per day do not require receipts. Fuel charges for rental cars in excess of US Department of General Services (DGS) rate of $0.23 per mile require receipts. Fuel charges for rental cars of less than the DGS rate per mile do not require receipts. Current DGS Privately Owned Vehicle (POV) Mileage Reimbursement Rates are available on their website at: http://www.gsa.gov/portal/content/100715 The rate for fuel is the “Modes of Transportation: If Government-owned automobile is available” rate, currently $0.23/mile. Taxi, Tolls, Shuttle, Parking – Includes taxi fares, bridge tolls, parking fees, airport shuttle, hotel-bus fares, streetcar, local rapid transit and transportation such as bus fare, ferry, or commuter train. Amounts in excess of $15.00 per day require itemized receipts. Amounts of $15.00 or less per day do not require receipts. Private Car Use – Prior to commencing travel, an Authorization for Use of Personal Auto form must be completed and approved by the appropriate supervising administrator. When employees drive their own vehicles while on District business and are involved in an accident, they are required by law to use their own liability policy for coverage. The District liability policy would be used only after the employee's policy limits have been exceeded. The District does not cover, nor is it responsible for, comprehensive and collision coverage to the employee's vehicle. Vehicles shall be shared whenever possible. No reimbursements will be paid for any mileage between an employee's work location and residence. The reimbursement rate shall be not more than the standard mileage rate as determined by the Internal Revenue Service. Registration Fee – Fees for conferences, workshops, and meetings. All conferences, workshops, and meetings require an agenda, except for Chancellor’s Office and statewide meetings. All registration fees require itemized receipts. Other Business Expense – Eligible expenses that do not fall into any of the categories above. Other business expenses always require itemized receipts. Prohibited Expenses - Reimbursements will not be made for expenses not necessary for the conduct of District business or amounts in excess of usual and customary levels, including but not limited to tips;, personal telephone calls beyond one “safe on arrival” call;, entertainment expense;, radio, television or movie rentals;, transportation to or from places of entertainment and similar facilities;, conference-arranged leisure tours or personal side trip expenses;, individual membership dues or fees;, the cost of alcoholic beverages;, cost of hair care, shoe shines;, and traffic or parking citations. College Council December 2, 2013 Page 43 Travel Expense Reimbursement Pre-Trip Travel Authorization - To be eligible for reimbursement, all requests for travel must be made by completing a Travel Advance/Reimbursement Form available on the Business Office website and obtaining authorization at least fourteen (14) days in advance from the employee's supervisor and appropriate senior administrator prior to booking/committing to any travel expense. Travel requests must be submitted with conference schedules, itineraries, and/or meeting schedules, as required. Travel outside the State of California requires approval by the President/Superintendent. Travel outside the United States requires approval by the President/Superintendent and the Board, and it may take longer than 14 days to obtain such approval. Expenses shall only be approved and reimbursed at the most economical mode of travel which in no case shall exceed the cost of airfare to the same destination(s). Reimbursement shall not exceed the limits described in this administrative procedure. Travel Advance Payment - Requests for an advance to cover the anticipated cost of travel shall be submitted on the Travel Advance/Reimbursement form at least fourteen (14) calendar days in advance. Each individual shall receive a separate advance to cover only that person's anticipated expenses. Standard Option: The travel advance must be cleared within fourteen (14) calendar days of returning from the trip. To clear the advance account, each person to whom an advance has been granted shall submit a Travel Advance/Reimbursement Request form. The form shall itemize all expenses actually incurred and for items over the “no receipt limit”, itemized receipts shall be attached. Failure to submit a timely claim form or the required receipts will be cause for the Business Office to deduct the appropriate amount from the employee's paycheck. Express Option: If a travel advance was paid, and no additional receipts are required because all items on the travel advance were within the “no receipt limits” and/or all necessary receipts were attached to the travel advance request, then no Post-Travel Expense Report shall be required. Post-Travel Expense Report – For the Standard Option travel advance or when no travel advance was requested, within fourteen (14) calendar days after the end of the trip, a Travel Advance/Reimbursement Form must be completed with receipts attached as appropriate and submitted to the employee’s supervisor for review and approval. Whether or not a receipt is presented, an expense may be rejected by the Business Office if the requirements of this administrative procedure were not complied with. Receipts are required for all reimbursements (except meals) and shall accompany the Travel Expense Request form. Exceptions for which receipts are unavailable are subject to the approval of the Vice President, Business Services. Reimbursements will not be made for tips; personal telephone calls; entertainment expense; radio, television or movie rentals; transportation to or from places of entertainment and similar facilities; conference-arranged leisure tours or personal side trip expenses; individual membership dues or fees; the cost of alcoholic beverages; cost of hair care, shoe shines; and traffic or parking citations. Mileage and Travel Expense Claims College Council December 2, 2013 Page 44 All claims for reimbursement must be submitted within fourteen (14) days after the end of the trip. Expense claims are to include all costs associated with the trip including prepaid expenses. Other Travel Procedures Reduced Reimbursements – The employee may request reimbursements that are less than described in this administrative procedure by noting the lesser amount requested on the Travel Advance/Reimbursement Form. No employee shall be required to request a reduced reimbursement as a condition of employment. Categorical, Grant, or Other Agency Funded Travel Travel expenses, which are paid or reimbursed by other than District unrestricted funding sources, may be reimbursed at the rates established and required by the donor, if different than from this administrative procedureregulation. Travel Advances Requests for an advance to cover the anticipated cost of travel shall be submitted on the Travel/Advance Request form at least fourteen (14) days in advance. Each individual shall receive a separate advance to cover only that person's anticipated expenses. To clear the advance account, each person to whom an advance has been granted shall, within fourteen (14) days after returning from the trip, submit a Travel Expense Request form itemizing all expenses actually incurred. Failure to submit a timely claim form or the required receipts will be cause for the Business Office to deduct the appropriate amount from the employee's paycheck. Reduced Reimbursements Due to Budget Constraints The reimbursement policy described herein may be reduced by prior mutual agreement between the employee and the supervising administrator, if the District travel budgets are insufficient to pay for all of the costs. Payment for Non-employees Non-employees, such as community members serving on advisory committees, may be authorized to perform travel and incur expenses as representatives of the Governing Board. Any expenses incurred as a result of non-employee travel shall be explicitly approved by the President/Superintendent prior to the expenses being incurred and reimbursements shall not exceedfollow thisose described in policyadministrative procedure. Board of Trustees Travel Board of Trustees members' travel shall be subject to the same conditions as employee travel. Any case of suspected abuse or misuse of District travel expense accounts must be reported to the Chief Business Officer. Exceptions The President/Superintendent may authorize exceptions to this administrative procedure. The Chief Business Officer may authorize exceptions to this administrative procedure and shall be required to approve all exceptions for any missing required receipt. To request approval for a missing required receipt, the employee shall College Council December 2, 2013 Page 45 complete, sign, and date a statement explaining the expense and any extenuating circumstances. Former Administrative Regulation No. 604.01, number change only on June 5, 2012 Adopted by Board of Trustees: 9/17/79 Revised: 11/3/80; 10/1/90; 3/7/94; 10/20/00; 11/4/03