59
AGENDA ITEM BACKGROUND
TO: GOVERNING BOARD
DATE
FROM: PRESIDENT
November 7, 2011
SUBJECT:
Board Policy Revisions: Office of the President, Second Reading
REASON FOR BOARD CONSIDERATION
ITEM NUMBER
Action
ENCLOSURE(S)
Page 1 of 10
C.2
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 Office of the President as listed below:
Board Policy
BP 1110 – Board Education
BP 1140- Regular Meetings of the Board
BP 1150 – Quorum and Voting
BP 1260- Recordings of Regular Board Meetings
Action
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 second reading for Governing Board review for approval.
Administrator Initiating Item:
Brian King
Academic and Professional Matter
If yes, Faculty Senate Agreement
Senate President Signature
 Yes  No
 Yes  No
Final Disposition
Approved
60
Chapter One: Bylaws of the Governing Board
BP 1110
Orientation for New Board Members
Board Education
(League BP 2740)
The Board is committed to its ongoing development as a Board and to a trustee education
program that includes new trustee orientation.
The Superintendent/President and the Board shall assist each new member-elect to understand
the Board’s functions, policies, and procedures before he/she assumes office. Such assistance
shall include, but shall not be limited to providing written materials and invitations to attend
Board meetings and/or conferences with the Superintendent/President. New board members
shall be encouraged to attend meetings on a regional and/or statewide basis held as
training/information sessions by other organizations.
Accreditation Standard IV.B.1.f
Adopted: February 1, 1988
Revised: November 7, 2011
_____________________________________________________________________________________________
BP 1110
Page 1 of 1
Board Education
61
Chapter One: Bylaws of the Governing Board
BP 1140
Meetings Open to the Public
Regular Meetings of the Board
(League BP 2310, 2300, 2340, 2345, 2350)
Regular meetings of the Board shall be held on the first or second Monday of the month.
Regular meetings of the Board shall normally be held at the Cabrillo College Sesnon
House, 6500 Soquel Drive, Aptos, CA.
A notice identifying the location, date, and time of each regular meeting of the Board shall
be posted at least ten days prior to the meeting and shall remain posted until the day and
time of the meeting. All regular meetings of the Board shall be held within the boundaries
of the District except in cases where the Board is meeting with another local agency or is
meeting with its attorney to discuss pending litigation if the attorney’s office is outside the
District.
All regular and special meetings of the Board shall be open to the public, be accessible to
persons with disabilities, and otherwise comply with Brown Act provisions, except as
required or permitted by law.
Agenda and Public Notice
An agenda shall be posted adjacent to the place of meeting at least 72 hours prior to the
meeting time for regular meetings. The agenda shall include a brief description of each item
of business to be transacted or discussed at the meeting. If requested, the agenda shall be
provided in appropriate alternative formats so as to be accessible to persons with a disability.
No business may be acted on or discussed which is not on the agenda, except when one or
more of the following apply:
•
•
•
a majority decides there is an “emergency situation” as defined for emergency
meetings;
two-thirds of the members (or all members if less than two-thirds are present)
determine there is a need for immediate action and the need to take action came to
the attention of the Board subsequent to the agenda being posted;
an item appeared on the agenda of and was continued from a meeting held not more
than five days earlier.
The order of business may be changed by consent of the Board.
The Superintendent/President shall establish administrative procedures that provide for
public access to agenda information and reasonable annual fees for the service.
Members of the public may place matters directly related to the business of the District on an
agenda for a board meeting by submitting a written summary of the item to the
_____________________________________________________________________________________________
BP 1140
Page 1 of 1
Regular Meetings of the Board
62
Chapter One: Bylaws of the Governing Board
Superintendent/President. The written summary must be signed by the initiator. The Board
reserves the right to consider and take action in closed session on items submitted by
members of the public as permitted or required by law.
Agenda items submitted by members of the public must be received by the office of the
President two weeks prior to the regularly scheduled board meeting.
Agenda items initiated by members of the public shall be placed on the Board’s agenda
following the items of business initiated by the Board and by staff. Any agenda item
submitted by a member of the public and heard at a public meeting cannot be resubmitted
before the expiration of a 90 day period following the initial submission.
Public Comment
The Board shall provide opportunities for members of the general public to participate in the
business of the Board.
Members of the public may bring matters directly related to the business of the District to the
attention of the Board in one of two ways:
1. There will be a time at each regularly scheduled board meeting for the general
public to discuss items not on the agenda.
Members wishing to present such items shall submit a written request at the beginning of the
meeting to the Superintendent/President that summarizes the item and provides his or her
name and organizational affiliation, if any. No action may be taken may be taken by the
Board on such items.
2. Members of the public may place items on the prepared agenda in accordance with
the section above titled agendas.
Members of the public also may submit written communications to the Board on items on the
agenda and/or speak to agenda items at the Board meeting. Written communication
regarding items on the Board's agenda should reach the office of the President not later than
five working days prior to the meeting at which the matter concerned is to be before the
Board. All such written communications shall be dated and signed by the author, and shall
contain the residence or business address of the author and the author's organizational
affiliation, if any.
If requested, writings that are public records shall be made available in appropriate
alternative formats so as to be accessible to persons with a disability.
Claims for damages are not considered communications to the Board under this rule, but
shall be submitted to the District.
_____________________________________________________________________________________________
BP 1140
Page 1 of 2
Regular Meetings of the Board
63
Chapter One: Bylaws of the Governing Board
Public Comment
Persons may speak to the Board either on an agenda item or on other matters of interest to
the public that are within the subject matter jurisdiction of the Board.
Oral presentations relating to a matter on the agenda, including those on the consent agenda,
shall be heard before a vote is called on the item.
Persons wishing to speak to matters not on the agenda shall do so at the time designated at the
meeting for public comment.
Those wishing to speak to the Board are subject to the following:
 The President of the Board may rule members of the public out of order if their
remarks do not pertain to matters that are within the subject matter jurisdiction of
the Board or if their remarks are unduly repetitive.
 Non-scheduled substitutes may not speak in place of scheduled speakers unless
alternates have been submitted on the original request.
 Employees who are members of a bargaining unit represented by an exclusive
bargaining agent may address the Board under this policy, but may not attempt to
negotiate terms and conditions of their employment. This policy does not prohibit any
employee from addressing a collective bargaining proposal pursuant to the public
notice requirements of Government Code Section 3547 and the policies of this Board
implementing that section.
Regular meetings of the Governing Board are meetings of the elected Board members assisted by
staff personnel, conducted in public, for the purpose of carrying out District business.
Agenda and Public Notice
An agenda for each meeting shall be prepared and posed as prescribed by law by the
Superintendent/President at least seventy-two (72) hours in advance of the meeting.
The agenda for closed session shall also be made available and contain sufficient detail to
comply with Government Code section 54954.5.
The agenda shall be mailed or delivered to the Board within the foregoing time limits and shall
be accompanied by such other materials as the Superintendent/President believes will assist the
Board in arriving at decisions. The Chair of the Board, however, may rearrange the agenda
during the meeting of the Board if there is no objection from a majority of Board members
present. The agenda for regular meetings shall contain a brief, general description of each item of
business to be transacted or discussed at the meeting. The agenda shall specify the time and
location of the regular meeting and be posted in a location freely accessible to members of the
public and employees.
No action shall be taken on any item not appearing on the agenda except under any of these
conditions:
_____________________________________________________________________________________________
BP 1140
Page 1 of 3
Regular Meetings of the Board
64
Chapter One: Bylaws of the Governing Board
1) Upon a determination by majority vote of the Board that an emergency situation exists;
an emergency situation means:
a) work stoppage or other activity which severely impairs public health, safety, or both,
as determined by a majority of members of the Board, or
b) crippling disaster which severely impairs public health, safety, or both, as determined
by a majority of the members of the Board;
2) upon a determination by a two-thirds vote of the Board, or, if less than two-thirds of the
members are present, a unanimous vote of those members present, that the need to take
action arose subsequent to the agenda being posted;
3) the item was posted for a prior meeting of the Board occurring not more than five
calendar days prior to the date action is taken on the item, and at the prior meeting the
item continued to the meeting at which action is being taken.
Every agenda for regular meetings shall provide an opportunity for the public to directly
address the Board on items of interest to the public that are within the subject matter jurisdiction
of the District. No action shall be taken on any item not appearing on the agenda when raised by
the public unless the action is otherwise authorized under one or more of the three conditions
listed above. The public may also address the Board on items on the agenda as the items are
taken up.
A Board member may, on their own initiative, or in response to questions posed by the public,
ask for clarification, provide a reference to staff or other resources for factual information, or
request staff to report back, at a subsequent meeting concerning the matter.
Requests by the public to place matters on the agenda directly related to District business may
be made by submitting in writing to the Superintendent/President such requests no later than
10:00 a.m., six (6) working days preceding the meeting. The public may at any meeting,
however, request that items be placed on future agendas if related to District business.
Although the agenda of any regular meeting shall include an opportunity for the public to
address the Board on any item of business or other issue related to District business, the Board
does not oblige itself to act upon any request unless submitted in writing to the
Superintendent/President at least six (6) working days prior to the scheduled date of the meeting,
and such item is included on the agenda.
Participation by Employees
Employees of the District are encouraged to participate in Board deliberations as presenters,
reactors, or general commentators. Employee participation is in some instances determined by state
regulations, statutes, Board policy, or negotiated agreements.
Participation By Students
Student participation in Board deliberations is encouraged through student organizations or by
individuals.
Rules of Procedure for Conduct of Meeting
Robert’s Rules of Order shall govern the proceedings and conduct of Board meetings, except when
the Board’s own policies or state regulations or statues provide otherwise.
_____________________________________________________________________________________________
BP 1140
Page 1 of 4
Regular Meetings of the Board
65
Chapter One: Bylaws of the Governing Board
Order of Business and Procedure
The Governing Board shall act by majority vote of the regular voting membership constituting the
Governing Board.
The agenda of the meetings will be prepared and presented by the Superintendent/President.
The order of business at a regular meeting will be:
• Closed Session
• Call to Order
• Minutes of the Previous Meeting and Consent Agenda
• Oral Communications
• Board Members’ Report
• Oral Reports
• Action Items
• Information Reports
• Closed Session (if necessary)
Legal Reference: Education Code Sections 72000 (d), 72121 and 72121.5; and Government Code
Sections 54950, et seq and 6250 et seq.
Adopted: February 1, 1988
Revised: May 2, 1994
Revised: November 7, 2011
_____________________________________________________________________________________________
BP 1140
Page 1 of 5
Regular Meetings of the Board
66
Chapter One: Bylaws of the Governing Board
BP 1150 (formerly BPs 1150 and 1160)
Quorum and Board Action Voting
(League BP 2330)
A quorum of the Governing Board shall consist of four regular voting members.
The Board shall act by majority vote of all of the membership of the Board, except as noted
below.
No action shall be taken by secret ballot.
The following actions require a two-thirds majority of all members of the Board:
•
Resolution of intention to sell or lease real property (except where a unanimous vote is
required);
•
Resolution of intention to dedicate or convey an easement;
•
Resolution authorizing and directing the execution and delivery of a deed;
Action to declare the District exempt from the approval requirements of a planning
•
commission or other local land use body;
•
Appropriation of funds from an undistributed reserve;
•
Resolution to condemn real property.
The following actions require a unanimous vote of all members of the Board:
•
Resolution authorizing a sale or lease of District real property to the state, any county,
city, or to any other school or community college district;
•
Resolution authorizing lease of District property under a lease for the production of gas.
No official Board action may be taken in the absence of a quorum. A quorum shall consist of no
less than four regular voting members of the Governing Board.
The Governing Board shall act by majority vote of all the membership constituting the
Governing Board. If no more than two vacancies occur, the vacant position(s) shall not be
counted for purposes of how many members constitute a majority. When a unanimous vote is
required by law, the vacant position(s) shall be excluded.
Legal Reference: Education Code Section 772203 and 72204 72000(d)(3), 81310 et seq., 81365,
81511, and 81432: Government Code Section 53094; Code of Civil Procedure Section
1245.240
Adopted: February 1, 1988
Revised: November 7, 2011
_____________________________________________________________________________________________
BP 1150
Page 1 of 1
Quorum and Voting
67
Chapter One: Bylaws of the Governing Board
BP 1260
Tape Recordings of Regular Board Meetings
(League BP 2365)
Regular meetings of the Governing Board shall be tape recorded. The recording shall be
subject to inspection by members of the public in accordance with the California Public
Records Act, Government Code Sections 6250 et seq. The Superintendent/President is
directed to ensure that any such recordings are maintained for at least thirty days
following the recording. and copies of the tape made available to members of the Board and to
the Superintendent/President of the District upon request. Other release of these tapes shall be
allowed only by Board Action and, if approved, at the expense of the requesting party. Meeting
tapes will be retained by the Secretary of the Board for a period of six months after the approval
of the minutes of the meeting being recorded.
Tape recording devices by regular meeting attendees may be used provided such use does not
require special or extraordinary arrangements or result in a disruption of the proceedings.
Persons attending an open and public meeting of the Board may, at their own expense,
record the proceedings with an audio or video recording or a still or motion picture camera
or may broadcast the proceedings. However, if the Board finds by a majority vote that the
recording or broadcast cannot continue without noise, illumination, or obstruction of view
that constitutes or would constitute a persistent disruption of the proceedings, any such
person shall be directed by the President of the Board to stop.
Legal Reference: Education Code Section 72121(a) 72233; and Government Code Section
54953.5 and 54953.36.
Adopted: February 1, 1988
Revised: November 7, 2011
_____________________________________________________________________________________________
BP 1260
Page 1 of 1
Recordings of Regular Board Meetings
68
Chapter One: Bylaws of the Governing Board
BP 1280
Gifts
(League BP 3820)
The Board shall consider all gifts, donations and bequests made to the District. The Board
reserves the right to refuse to accept any gift which does not contribute toward the goals of
the college, or the ownership of which would have the potential to deplete resources of
Cabrillo College.
The District shall assume no responsibility for appraising the value of gifts made to the
District.
Acceptance of a gift shall not be considered endorsement by the District of a product,
enterprise or entity.
In no event shall the District accept a donation from any donor who engages in practices or
policies which discriminate against any person on the basis of race, sex (i.e., gender), color,
religion, national origin, age, disability, or sexual preference; or when the stated purposes
of the donation are to facilitate such discrimination in providing educational opportunity.
The Board, at its discretion, may accept on behalf of, and in the name of the District, such gifts,
donations, bequests and devises as are made to the District for community college purposes or to
or for the benefit of Cabrillo College.
The Superintendent/President shall be designated to receive any gifts, donations, bequests, and
devises offered to the District, student organizations, or any other affiliate organization of the
District.
The Superintendent/President shall deliver to the donor an acknowledgment of acceptance from
the Governing Board.
Legal Reference: Education Code Section 72122 72241.
Adopted: February 1, 1988
Revised: November 7 2011
_____________________________________________________________________________________________
BP 1280
Page 1 of 1
Gifts