AGENDA ITEM BACKGROUND
TO: GOVERNING BOARD
DATE
FROM: PRESIDENT
August 1, 2011
SUBJECT:
Board Policy Revisions: Office of the President, First Reading
REASON FOR BOARD CONSIDERATION
ITEM NUMBER
INFORMATION
ENCLOSURE(S)
Page 1 of 10
E.7
Background:
The District is in the process of revising Board Policies utilizing the California Community College
League’s model policies as applicable.
Attached are revisions to some of the Board Policies in the Instruction component as listed below:
Board Policy
BP 1020 – Duties and Responsibilities of the Board
BP 1030 – Board Membership and Eligibility
BP 1040 – Board Elections
BP 1090 – Conflict of Interest
BP 1130 – Closed Session
Action
Update to reflect League Language
Update to reflect League Language
Update to reflect League Language
Update to reflect League Language
Update to reflect League Language
Board policies are presented as a first reading for Governing Board review and will return for action
at the next Governing Board meeting.
Administrator Initiating Item:
Brian King
Academic and Professional Matter
If yes, Faculty Senate Agreement
Senate President Signature
 Yes  No
 Yes  No
Final Disposition
Chapter One: Bylaws of the Governing Board
BP 1020
Duties and Responsibilities of the Board
(League BP 2200)
The Board may initiate and carry on any program, activity, or may otherwise act in any manner
which is not in conflict with the purposes for which community college districts are established.
Examples of Board duties and responsibilities include, but are not limited to the following:
1.
Select, appoint, and evaluate, and delegate power and authority to effectively lead the
District to the Superintendent of the District.
2.
Determine the broad general policies which will govern the operation of the District and
define the institutional mission and set prudent ethical and legal standards for
college operations, and review them periodically.
3.
Review and adopt the annual budget.
4.
Approve the expenditure of all funds.
5.
Appoint or dismiss employees upon the recommendation of the Superintendent.
6.
Fix the rate of compensation for all employees and review all salary schedules annually
subject to employee contracts.
7.
Act upon recommendations of the Superintendent regarding site utilization and physical
plant development.
8.
Act upon recommendations of the Superintendent regarding major repairs and
maintenance of the buildings, grounds, and equipment.
9.
Consider reports from the Superintendent concerning the program, and condition, and
educational quality of the college.
10.
Act upon recommendations of the Superintendent concerning curricular offerings, annual
calendar, and other phases of the college program.
11.
Establish the necessary procedures to assure proper accounting of receipts and
disbursements of district funds and other funds under the supervision of the District.
12.
Provide for the annual audit of all funds of the District and other funds under the
supervision of the District.
13.
Consider communications and requests from citizens or organizations on matters of
policy and administration.
14.
Establish citizen advisory committees and approve the membership of such committees.
15.
Serve as the board of final appeal for students, employees, and citizens of the Cabrillo
District. The Board shall serve in its appellate role for students and employees only after
a decision on the matter in contention has been made by administrative action, and then
upon the basis of a request for reconsideration of the matter by the Board. (Appeals by
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BP 1020
Page 1 of 1
Duties and Responsibilities of the Board
Chapter One: Bylaws of the Governing Board
employees must be in concert with negotiated agreements). Appeals by citizens of the
District may be made to the Board.
16.
Notify the Chair or Secretary of the Board when a member shall be absent from a Board
meeting. Such notification shall be given as far in advance of the meeting as possible.
17.
Evaluate annually the Superintendent/President’s performance as specified in the
Superintendent/President’s contract.
18.
Represent the public interest.
19.
Advocate and protect the college.
Legal Reference: Education Code Sections 7700 and 72233 70902
Accreditation Standard IVB. 1.d
Adopted: February 1, 1988
Revised: September 12, 2011
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BP 1020
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Duties and Responsibilities of the Board
Chapter One: Bylaws of the Governing Board
BP 1030
Board Membership and Eligibility
(League BP 2010)
The Board shall consist of eight members. Seven shall be regular voting members elected atlarge by trustee area as defined in BP 2100 titled Board Elections, and one shall be an
advisory voting student member elected by the students at large.
Each Board member must be a resident of the District, 18 years of age or older, a registered
voter, and not be disqualified from holding office under state law.
Any person who meets the criteria contained in law is eligible to be elected or appointed a
member of the Board.
An employee of the District may not be sworn into office as an elected or appointed
member of the Governing Board unless he or she resigns as an employee.
No member of the Governing Board shall, during the term for which he or she is elected,
hold an incompatible office.
Legal Reference: Education Code Sections 72023, 72103, and 72104
Adopted: February 1, 1988
Revised: September 12, 2011
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BP 1030
Page 1 of 1
Board Membership and Eligibility
Chapter One: Bylaws of the Governing Board
BP 1040
Election by District Regular Voting for Board Members and Term of Office
Board Elections
(League BP 2100)
The Governing Board consists of seven regular voting members elected from trustee areas by the
registered voters of the particular trustee area. The terms are four years, commencing on
[specific date] with elections held in even numbered years. Terms are staggered to provide
continuity of membership. Elections are held in accordance with the provisions of the Education
Code.
The seven trustee areas are:
I
San Lorenzo Valley, Scotts Valley
II
Santa Cruz City (East side)
III
Soquel, Capitola (part)
IV
Santa Cruz City (West side), North Coast of Santa Cruz County
V
Watsonville
VI
Aptos, Corralitos
VII
South Santa Cruz County, east of Brown’s Valley and Amesti roads and north of
Holohan and College Roads. Also includes the area of south Santa Cruz County east of
Lakeview Road, and a portion of northern Monterey County and a portion of San Benito County.
The election of a Board member residing in and registered to vote in the trustee area he or
she seeks to represent shall be only by the registered voters of the same trustee areas.
Detailed trustee area boundary maps shall be maintained and available at the Cabrillo College
Superintendent/President’s Office and the Santa Cruz County Elections Office.
The
Superintendent/President shall submit recommendations to the Board regarding
adjustments to be made to the boundaries of each trustee area, if any adjustment is
necessary, after each decennial federal census. The Superintendent/President shall submit
the recommendation in time for the Board to act as required by law.
In the event of a tie in Governing Board member elections, the winner of the election shall be
determined by lot. The Board Chair shall notify each candidate who has received the tie vote to
appear before the Board either in person or by representative at a time and place determined by
the Board. The Board shall, at that time and place, determine the winner by lot. Each candidate’s
name shall be printed on an identical 3" x 5" card and be placed in a container by the Secretary to
the Board.
The Board Chair (or another member designated by the Chair if the Chair is one of the tie
candidates) shall draw a card from the container. The candidate listed on the first card drawn
shall be declared the winner of the election and the Secretary to the Board shall certify the result.
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BP 1040
Page 1 of 1
Board Elections
Chapter One: Bylaws of the Governing Board
Except as specified in the initial election and as provided in the Education Code to replace
vacancies, elected Board members shall serve four-year terms (December to November).
Legal Reference: Education Code Sections 5304 and 72022 5000 et seq.
Adopted: February 1, 1988
Revised: November 6, 1995
Revised: September 12, 2011
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BP 1040
Page 1 of 2
Board Elections
Chapter One: Bylaws of the Governing Board
BP 1090
Conflict of Interest
(League BP 2710)
No member of the Board of Trustees shall have any financial interest in any contract or purchase
order made by the Board or in any contract they make in their capacity as Board member. A
Board member shall not be deemed considered to be financially interested in a contract if
his/her interest is limited to those interests if the member’s interests is remote as defined as
remote under by the Government Code 1091 or is limited to interests defined by
Government Code Section 1091.5., the interest is disclosed to the Board, and the Board ratifies
such interested transaction without the vote of the interested members.
A Board member who has a remote interest in any contract considered by the Board shall
disclose his/her interest during a Board meeting and have the disclosure noted in the
official Board minutes. The Board member shall not vote or debate on the matter or
attempt to influence any other Board member to enter into the contract.
A Board member shall not engage in any employment or activity that is inconsistent with,
incompatible with, in conflict with or inimical to his/her duties as an officer of the District.
In compliance with law and regulation, the Superintendent/President shall establish
administrative procedures to provide for disclosure of assets of income of Board members
who may be affected by the official actions, and prevent members from making or
participating the making of Board decisions which may foreseeably have a material effect
on their financial interest.
Board members shall file statements of economic interest with the filing officer identified
by the administrative procedures.
Board members are encouraged to seek counsel from the District’s legal advisor in every
case where any question arises.
Relevant provisions of the Government Code, including Sections 87300, et seq., Sections 1090 et
seq. and the regulations and related appendices set forth in the California Code of Regulations
and California Code of Regulations Sections 18730 et seq., are incorporated by reference and
constitute the Conflict of Interest Code of the Cabrillo Community College District.
Persons holding designated positions shall file statements of economic interest (Form 7030)
pursuant to Section 4(b) of the Conflict of Interest Code with the office of the
Superintendent/President of the Cabrillo Community College District.
See Administrative Procedure AR 1090
Legal Reference: Education Code Section 72533; Government Code Sections 1090 et seq.,
82041, 87300 et seq.; and 2 California Code of Regulations Sections 18730 et seq. Government
Code Sections 1090 et seq.; 1126; and 87200 et seq.; Title 2 Section 18730 et seq.
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BP 1090
Page 1 of 1
Conflict of Interest
Chapter One: Bylaws of the Governing Board
Adopted: February 1, 1988
Revised: November 7, 1994
Revised: September 12, 2011
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BP 1090
Page 1 of 2
Conflict of Interest
Chapter One: Bylaws of the Governing Board
BP 1130
Closed Session
(League BP 2315)
Closed sessions of the Board shall only be held as permitted by applicable legal provisions
including but not limited to the Brown Act, California Government Code and California
Education Code. Matters discussed in closed session may include: only for discussion of
personnel matters; pending, proposed, or anticipated litigation; for instruction to agents relative
to negotiation processes; or to meet with its negotiator prior to the purchase, sale, exchange or
lease of real property.

The appointment, employment, evaluation of performance, discipline or dismissal of
a public employee;

Charges or complaints brought against a public employee by another person or
employee, unless the accused public employee requests that the complaints or
charges be heard in open session. The employee shall be given at least 24 hours
written notice of the closed session.

Advice of counsel on pending litigation, as defined by law;

Consideration of tort liability claims as part of the District’s membership in any
joint power agency formed for purposes of insurance pooling;

Real property transactions;

Threats to public safety;

Review of the District’s position regarding labor negotiations and giving
instructions to the District’s designated negotiator;

Discussion of student disciplinary action, with final action taken in public;

Conferring of honorary degrees;

Consideration of gifts from a donor who wishes to remain anonymous;

To consider its response to a confidential final draft audit report from the Bureau of
State Audits.
The agenda for each regular or special meeting shall contain information regarding
whether a closed session will be held and shall identify the topics to be discussed in any
closed session in the manner required by law.
After any closed session, the Board shall reconvene in open session before adjourning and
shall announce any actions taken in closed session and the vote of every member present.
All matters discussed or disclosed during a lawfully held closed session and all notes,
minutes, records or recordings made of such a closed session are confidential and shall
remain confidential unless and until required to be disclosed by action of the Board or law.
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BP 1130
Page 1 of 1
Closed Session
Chapter One: Bylaws of the Governing Board
Closed Sessions may be conducted as required subject to applicable Education Code and
Government Code provision. The agenda for closed session shall also be made available and
contain sufficient detail to comply with Government Code section 54954.5. Minutes may be
kept; however, such minutes shall be available only to the extent allowed by the Government
Code. Official action taken in closed session shall be reported out as required by the Government
Code.
If any person requests an opportunity to present complaints to the Board about a specific
employee, such complaints shall first be presented to the Superintendent/President. Notice
shall be given to the employee against whom the charges or complaints are directed. If the
complaint is not resolved at the administrative level, the matter shall be scheduled for a
closed session of the Board. The employee shall be given at least 24 hours written notice of
the closed session, and shall be given the opportunity to request that the complaints be
heard in an open meeting of the Board.
The student Board member shall not attend closed sessions.
Legal Reference: Education Code Sections 72122 72112 and 72023.5; and Government Code
Sections 54956.8, 54956.9, 54957, 54957.2, and 54957.6., and 11125.4.
Adopted: February 1, 1988
Revised: May 2, 1994
September 12, 2011
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BP 1130
Page 1 of 2
Closed Session