128
AGENDA ITEM BACKGROUND
TO: GOVERNING BOARD
DATE
FROM: PRESIDENT
May 6, 2013
SUBJECT:
Board Policy Revisions:
Office of the President, First Reading
REASON FOR BOARD CONSIDERATION
ENCLOSURE(S)
ITEM NUMBER
INFORMATION
Page 1 of 18
H.3
BACKGROUND:
The District is in the process of revising Board Policies utilizing the California Community College
League’s model policies as applicable. This Board Policy has been reviewed by the appropriate
committees on campus including the President’s Cabinet.
Attached are revisions to Board Policies in the President’s component as listed below:
Board Policy
BP 1120 Meetings of the Board
BP 1180 Legal Services
BP 1220 Board Action
BP 1290 Public Notice of Collective Bargaining
BP 1410 Honoring Meritorious Service
BP 1500 Private Gift Fund Development Policy
BP 2040 The Management Team
BP 2060 Line of Responsibility
BP 2070.1 Levels of Administrative Responsibility
BP 2080 Evaluation of Superintendent/President
BP 2095 Professional Development Leaves for
Administrators
BP 2130 Faculty Role in Governance
BP 2140 Staff Role in Governance
BP 2150 Student Role in Governance
Action
Updated to reflect League
language
Reviewed with no changes
Deleted
Reviewed with no changes
Reviewed with no changes
Updated to reflect League language
Revised
Updated to reflect League language
Reviewed with no changes
Revised
Reviewed with no changes
Reviewed with no changes
Reviewed with no changes
Reviewed with no changes
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:
John Hendrickson
Academic and Professional Matter
If yes, Faculty Senate Agreement
Senate President Signature
Yes  No
 Yes  No
Final
Disposition
129
Chapter One: Bylaws of the Governing Board
BP 1120
MEETINGS OF THE BOARD
Annual Organization Meeting
In a year in which a regular election for Governing Board members is conducted, an annual
organizational meeting shall be held within fifteen (15) days of the last Friday in November
following Board member elections. Organizational meetings in years in which no regular
election for Governing Board members is conducted shall be held within the same fifteen (15)
day period following the last Friday in November. The day and time of the annual meeting shall
be selected by the Board at its regular meeting held immediately prior to the last Friday in
November., and the Board shall notify the County Superintendent of Schools of the day and time
selected. Within fifteen (15) days prior to the date of the annual meeting the Secretary of the
Board shall noThe purpose of the annual organizational meeting is to elect a president and a
secretary, establish regular meeting dates and times and conduct any other business as
required by law or determined by the Board.
tify in writing all members and members-elect of the date and time selected for the meeting.
Reference:
Education Code Section 72000(c)(2)(A)
The annual organizational meeting of the Board will be held [ insert the time frame as per
current policy. For districts holding elections in November, it would be within fifteen days of the
date that elected Governing Board members take office, generally at the regular meeting held
the first two weeks of December. ]
The purpose of the annual organizational meeting is to elect a president and a secretary [ list
other officers that the board has established ], and conduct any other business as required by
law or determined by the Board.
Regular MeetingsRegular Meetings
Regular meeting dates and times of the Governing Board shall be determined at the annual
organization meeting or as specifically amended by Board action.
At least ten (10) days prior to a regular meeting, the Board shall post a notice identifying the
location, date and time of the meeting. The Board shall give mailed notice of every regular
meeting and any special meeting called at least one week prior to the date set for the meeting to
any property owner located in the District who requests such notice. In case the date, time or
place of any regular meeting is changed, the Secretary shall take appropriate steps to notify
Board members and the public of the change. At least 72 hours before a regular meeting, the
Board shall post an agenda listing the time and location of the meeting and a brief general
description of each item of business to be transacted or discussed. No action shall be taken on
any item not appearing on the posted agenda unless:
1. Two-thirds of the Board, or all members present (if less than two-thirds are present),
determine that there is an immediate need to take action which arose after the agenda was
posted.
Special Meetings
Special meetings may be called by the Chair of the Board, or upon an issuance in writing signed
by a majority of Board members. A notice of the meeting shall be posted at least 24 hours prior
to the special meeting and shall specify the time, place and business to be transacted. No
130
Chapter One: Bylaws of the Governing Board
business may be transacted in special meetings other than that listed in the notice. Each Board
member and any media entity which has requested in writing notice of special meetings shall be
notified at least 24 hours in advance of the special meeting. Any Board member may file a
written waiver with the Secretary at any time prior to the meeting to dispense with the notice
requirements.
Emergency Meetings
In the case of an emergency situation involving matters upon which prompt action is necessary
due to the disruption or threatened disruption of public facilities, the Board may hold an
emergency meeting without complying with either the 24-hour notice requirement or the 24-hour
posting requirement, or both the notice and posting requirements.
For purposes of this section, “emergency situation” means any of the following:
(a) work stoppage or other activity which severely impairs public health, safety, or both,
as determined by a majority of the members of the Board.
(b) Crippling disaster which severely impairs public health, safety, or both, as determined
by a majority of the members of the Board.
However, each local newspaper of general circulation and radio or television station which has
requested notice of special meetings pursuant to Government Code Section 54956 shall be
notified by the Chair of the Board or the Chair’s designee one (1) hour prior to the emergency
meeting by telephone, and all telephone numbers provided in the most recent request of such
newspaper or station for notification of special meetings shall be exhausted. In the event that
telephone services are not functioning, the notice requirement of this section shall be deemed
waived, and the Board designee shall notify those newspapers, radio stations, or television
stations of the fact of the holding of the emergency meeting as soon after the meeting as possible.
The minutes of the emergency meeting, persons notified or attempted to be notified, a copy of
the roll call vote, and any action taken at the meeting shall be posted for a minimum of ten (10)
days in a public place as soon after the meeting as possible.
Adjournment and Continuance of Meeting
The Board may adjourn any regular or special meeting to a time and place specified in the order
of adjournment. Within 24 hours after the time of the adjournment, a copy of the order of notice
of adjournment shall be posted on or near the door of the place where the regular or special
meeting was held. When an order of adjournment fails to state the hour at which the adjourned
meeting is to be held, it shall be held at the hour specified by the Board for regular meetings.
Any meeting may be continued or recontinued to any subsequent meeting in the same manner
and to the same extent as adjourned meetings. Provided that if the hearing is continued to a time
period within 24 hours, a copy of a notice of continuance shall be posted immediately following
the meeting.
Hearings on The Budget
A public hearing of the budget shall be held prior to the adoption of the budget as required by law.
Legal Reference: Education Code Sections
Education Code Section 72000(c)(2)(A)
72028, 72120, 72121, 72121.5, 72122, 72125, 72126, 72129, 72132 and 72413; and Government
Code Sections 54954, 54954.1, 54954.2, 54955, 54955.1, 54956, 54956.5, 54956.8, 54956.9, 54957
and 54957.1.
131
Chapter One: Bylaws of the Governing Board
Adopted: February 1, 1988
Revised: May 2, 1994
Revised June 10, 2013
132
Chapter One: Bylaws of the Governing Board
BP 1180
LEGAL SERVICES
The Superintendent/President on behalf of the Governing Board may contract for the services of an
attorney in private practice. In the event that the nature of these legal services is to be ongoing or
anticipated to exceed an amount of $10,000, employment shall first be approved by the Governing
Board. Written views furnished by such attorney shall not be binding upon the Governing Board,
but shall be advisory only.
Legal Reference: Education Code Sections 72413, 72420, 72421 and 81655.
Adopted: February 1, 1988
Revised: April 3, 1989
Reviewed June 10, 2013
133
Chapter One: Bylaws of the Governing Board
BOARD ACTION ON ISSUES
NOT DIRECTLY AFFECTING THE COLLEGE
BP 1220
Except in those cases resulting from specific action by the Board to consider a matter, positions
shall be taken only on matters directly affecting the operation of the college.
A vote of the Board shall be taken and recorded in the minutes.
Legal Reference: Education Code 72233.
Adopted: February 1, 1988
Code section has been repealed
134
Chapter One: Bylaws of the Governing Board
BP 1290
PUBLIC NOTICE AND PRESENTATION
OF NEGOTIATIONS PROPOSALS
It is the policy of the Cabrillo Community College District Governing Board to comply with the
public notice provisions of the Educational Employment Relations Act, Government Code Section
3547.
In accordance with California Code, Title 8, Section 32900, the Cabrillo Community College
District sets forth the following policy to implement Government Code Section 3547. This policy
is not intended to benefit the negotiating position of either the District or the exclusive
representative.
1. All initial proposals and/or initial interest statements of the exclusive representatives and
of the Government Board which relate to matters within the scope of representation under
the Educational Employment Relations Act, shall be referred to as an agenda item and
shall be presented at a public meeting of the Governing Board. The District shall post
copies of the proposals/interest statements in a public place in the District administration
offices. The District shall send copies of the proposals/interest statements to the public
libraries located within the District and request that they be posted in a public place. The
District shall send copies of the proposals/interest statements to interested third parties
upon request.
2. The District shall also post a notice with the initial proposals/interest statements
informing the public of the time and date a public hearing will be held on the
proposals/interest statements.
3. After the public has had an opportunity to become informed regarding the
proposals/interest statements, the public shall be given an opportunity to express itself at
a public meeting of the Board. Thereafter, the Board shall officially receive the exclusive
representative’s initial proposal/interest statement and adopt its own initial
proposal/interest statements. Prior to such actions however, the Board may meet in
closed session for the purpose of instructing the Board’s designated representative.
4. Meeting and negotiating shall not commence until after the process described above has
been completed.
5. New subjects of meeting and negotiating arising after the presentation of initial
proposals/initial interest statements shall be made public within 24 hours by posting at
the same locations where agendas are posted. If a vote is taken by the Board on new
subjects, the vote by each member voting shall also become a matter of public record
within 24 hours either at a meeting of the Board or by posting at the same location where
agendas are posted.
Adopted: February 1, 1988
Revised: March 3, 1997
Reviewed: June 10, 2013
135
Chapter One: Bylaws of the Governing Board
BP 1410
HONORING MERITORIOUS SERVICE
It is the policy of Cabrillo College to recognize and honor individuals who give or have given
extraordinary service to the success of Cabrillo College, its students and staff. A representative
committee of college and community members is appointed by the College President to select
honorees, in a manner somewhat similar to the scholarship award process. The committee sets a
schedule for a nomination process for awards, and it evaluates nominations. Depending on the
receipt of nominations and the results of its deliberations, the committee makes recommendations to
the College President for his recommendation to the Governing Board no more frequently than once
a year. Approval of the Governing Board is required to honor meritorious service.
Within the scope of this policy, recognition of individuals for meritorious service may take one
or more of the following forms: 1) annual selection of individuals for inclusion on a prominently
placed permanent display; this honor is given very selectively; 2) establishment of an annual
award bestowed in the name of an individual, whose inspiration and contributions are thus
perpetuated; this extremely prestigious award is established rarely; 3) naming of a campus site
after an individual; this unique honor is bestowed only in unusual circumstances, and the award
must benefit students through its positive and unifying effect.
Adopted: July 11, 1994
Reviewed: June 10, 2013
136
Chapter One: Bylaws of the Governing Board
BP 1500
PRIVATE GIFT FUND DEVELOPMENT POLICY
Role of the Cabrillo College Foundation in Private Gift Fund Development
The Cabrillo College Foundation's mission is to operate for the support and benefit of Cabrillo
College: to solicit and raise private gift funds for scholarships, facilities, equipment, research,
and projects. The Cabrillo College Foundation has college-wide responsibility to conduct and
coordinate all private gift solicitations from individuals, corporations, foundations, and
community organizations. The Cabrillo College Foundation has authorization to establish
procedures and protocol to be followed by members of the college community for the
identification, cultivation, and solicitation of prospective donors. The Cabrillo College
Foundation accepts all private gifts, donations and bequests on behalf of Cabrillo College.
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 District, or the ownership of which would have the potential to deplete resources of the
District.
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 nationality, religion, age,
gender, gender identity, gender expression, race or ethnicity, medical condition, genetic
information, ancestry, sexual orientation, marital status, or physical or mental disability;
or when the stated purposes of the donation are to facilitate such discrimination in
providing educational opportunity.
All private gift fund development activities are coordinated with the Cabrillo College Foundation
in order to achieve an overall set of activities that are non-duplicative and appropriately
conducted. Private gifts are from individuals, foundations, companies, and community
organizations. Such coordination will also facilitate assistance from the foundation to those
activities. Specifically, the foundation's duties are to:
1. Facilitate implementation of fund development policies.
2. Conduct a comprehensive, ongoing fundraising program.
3. Develop and administer a comprehensive donor recognition program.
4. Provide fundraising counsel to college staff and faculty.
5. Provide financial accountability to the college, the donors, and the public.
6. Develop and administer a financial investment program to maximize investment
income commensurate with prudent management.
Reference: Education Code Section 72122
Adopted: May 6, 2002
Revised: June 10, 2013
137
Chapter Two: Administration and Organization
BP 2040
THE MANAGEMENT TEAM
The Governing Board of the Cabrillo Community College District recognizes the importance of
establishing a Management Team for the purpose of fulfilling its legal responsibility for the
management of public education in the Cabrillo Community College District. The purposes of the
Management Team are as follows:
1. To strengthen administration by improving communications, decision-making, conflict
resolution, and other relationships as they relate to the administration of educational
programs.
2. To strengthen the administration and educational service programs of the District through
participatory administrative practices and procedures.
Although the Management Team concept places emphasis upon shared responsibility and
authority, nothing in this policy is intended to limit the responsibility and authority of the
Governing Board or the Superintendent/President ultimately to make decisions as prescribed by
law.
A Management Team member is, for the purposes of this policy, any person defined as a
“management employee,” having “significant responsibilities for formulating District policies or
administering District programs,” and any person defined as a “supervisory employee,” who has
authority in the interest of the District to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward, or discipline other employees, or to assign work to and direct them, or
to adjust their grievances or effectively recommend such action, provided that authority wielded
is not merely routine or clerical in nature but requires the use of independent judgment.
(Government Code Section 3540.1 [g] [m])
The Management Team shall include those confidential, classifiedClassified, and certificated
personnelEducational Administrators identified as Management by the Governing Board.
The specific objectives of the District’s Management Team are as follows:
1. To provide input into all proposed policies which directly affect the management and
operation of the Cabrillo Community College District.
2. To provide open and frequent communication among the members of the Management
Team.
3. To apply all available knowledge and information to the improvement of District
services.
4. To evaluate proposals made by other employees and to make recommendations on the
District’s response.
5. To encourage and to provide the leadership necessary to achieve the educational goals
and objectives of the District.
6. To provide a means whereby the economic and welfare concerns of Management Team
members can be addressed.
138
Chapter Two: Administration and Organization
Management positions in the Cabrillo Community College District are, in accordance with the
above, as follows:
1.
Superintendent/President
2.
Vice President/Assistant Superintendent, Business Services
3.
Vice President/Assistant Superintendent, Instruction
4.
Administrative Dean
5.
Dean of Instruction
6.
Dean of Student Services
7.
Division Chairperson
8.
Computer Services Manager
9.
Fiscal Services Manager
10.
Director of Community Education
11.
Maintenance and Operations Manager
12.
Evening, Off-campus, and Student Affairs Administrator
13.
Director of Personnel and Human Resources
14.
Personnel Specialist/Compliance Officer
15.
Registrar
16.
Director of Student Development
17.
Director of Financial Aid
18.
Bookstore Manager
19.
Director, Health, Safety and Protective Services
20.
Director of Public Information and Alumni Affairs
22.
Librarian/Learning Resource Director
23.
Director of Institutional Research
24.
Affirmative Action Officer / Special Assistant to the President
25.
Risk Manager / Special Projects Coordinator
In order to achieve the objectives of this policy, the Superintendent/President shall, in
consultation with members of the Management Team, prepare and maintain an Administrative
Handbook for the operations of the Management Team.
It is understood that actions of all members of the Management Team shall be consistent with
commonly accepted professional and ethical standards.
It is clearly understood that the Management Team is not an administrative body. It is intended
to be and must be advisory to the Superintendent/President, and the Governing Board.
In addition to the purposes enumerated above, the Management Team may undertake such other
activities and purposes as the Superintendent/President may direct.
Legal Reference: Government Code Section 3540.1 (g) and (m).
Adopted: February 1, 1988
Reviewed: June 10, 2013
139
Chapter Two: Administration and Organization
BP 2060
LINE OF RESPONSIBILITY
The Superintendent/President shall establish organizational charts that delineate the lines of
responsibility and fix the general duties of employees within the District.
Reference:
Education Code Section 72400
Each employee in the Cabrillo Community College District is responsible to the Governing Board
through the Superintendent/President.
All personnel shall refer matters requiring administrative action to the administrator immediately
in charge of the area in which the problem, concern, and/or question arises.
Administrators shall refer such matters to the next higher authority when necessary.
Employees shall have the right to appeal administrative decisions insofar as they apply to items
covered in current employee agreements. Management employees’ rights are specified in
existing Board policy, California Education Code, and applicable state and federal laws.
Legal Reference: None
Adopted: February 1, 1988
Revised: June 10, 2013
140
Chapter Two: Administration and Organization
BP 2070.01
LEVELS OF ADMINISTRATIVE RESPONSIBILITY
AND JOB DESCRIPTIONS
Each administrative position is categorized within a framework of accountability and magnitude of responsibility. The higher the administrative level, the greater is the responsibility delegated by the
Superintendent/President.
Although each administrative position has specified duties and responsibilities stated
immediately subsequent to this section, each administrator has an obligation to perform the
following general requirements:
1. Encourage a cooperative relationship with all staff members.
2. To engage in continual efforts to improve the efficiency of the assigned unit through
experimentation and study.
3. To communicate the unit’s administrative staff relationships throughout the college as
well as to clarify the role and responsibilities of each member.
4. To increase management skills through study, discussion, meetings, research, and
professional contacts.
5. To encourage a high level of faculty and staff morale.
Legal Reference: None
Adopted: February 1, 1988
Reviewed: June 10, 2013
141
Chapter Two: Administration and Organization
BP 2080
EVALUATION OF SUPERINTENDENT/PRESIDENT
The Governing Board shall evaluate and assess in writing the performance of the
Superintendent/President at least once each year. This annual evaluation shall take place during the
month of February and shall be reasonably related to the position description of the
Superintendent/President and the goals and objectives of the District for the year in question. The
evaluation format shall be mutually agreed upon.
Action to amend the Superintendent/President’s base salary or extension of contract for additional
periods of time shall be scheduled for the March meeting of the Board.
Legal Reference: None
Adopted: February 1, 1988
Reviewed: June 10, 2013
142
Chapter Two: Administration and Organization
BP 2095
PROFESSIONAL DEVELOPMENT LEAVES
FOR ADMINISTRATORS
The Cabrillo College Governing Board has a history of supporting professional growth for college
staff. To encourage and support professional growth for administrative staff, the
Superintendent/President shall establish an Administrative professional Development Leave Plan.
Such a plan provides opportunities to update knowledge and improve skills, increase effectiveness
and build long-term commitment to the institution.
Adopted: November 2, 1998
Reviewed: June 10, 2013
143
Chapter Two: Administration and Organization
BP 2130
FACULTY ROLE IN GOVERNANCE
Chapter 973, Statutes of 1988 enacted a new structure of governance for the California Community
College system. In accord with this directive as implemented by Administrative Code, Title 5, it
shall be the policy of the Cabrillo College Governing Board to consult collegially with the Cabrillo
College Faculty Senate when adopting policies and procedures on academic and professional
matters.
The President/Superintendent or his/her designee or Faculty Senate President or his/her designee,
shall initiate the consultative process. While in the process of consulting collegially, the Faculty
Senate shall retain the right to meet with or appear before the Governing Board with respect to
the views, recommendations, or representatives of the college, the Faculty Senate may present its
views and recommendations to the Governing Board.
In consulting collegially, the Governing Board will reply primarily upon the advice and
judgment of the Faculty Senate on all policies and procedures related to academic and
professional matters. The recommendations of the Senate will normally be accepted, and only in
exceptional circumstances and for compelling reasons will the recommendations not be accepted.
If a recommendation is not accepted, the Governing Board or its designee, shall promptly
communicate its reasons in writing to the Faculty Senate.
This does not deny the faculty’s collective bargaining representative its right to appoint faculty
members to committees, task forces, or other groups where appropriate.
Legal Reference: Education Code Sections 70901, 70902; Title 5 Sections 53200-53204
Adopted: March 2, 1992
Revised: November 6, 1995
Reviewed: June 10, 2013
144
Chapter Two: Administration and Organization
BP 2140
STAFF ROLE IN GOVERNANCE
Chapter 973, Statutes of 1988 enacted a new structure of governance for the California Community
College system. In accord with this directive as implemented by Administrative Code, Title 5, it
shall be the policy of the Cabrillo College Governing Board to provide for staff to effectively
participate in college governance. Classified staff shall be represented for this purpose by the
recognized bargaining unit and administrative, management and confidential staff through
established staff councils and committees (faculty and academic staff roles are addressed under
another Board policy). The Board directs the President/Superintendent or his/her designee to
provide appropriate opportunities for jointly developing policy and procedure recommendations to
the Governing Board, where the Governing Board reasonably determines, in consultation with staff,
that such policies or procedures have or will have a significant effect on staff. Except for
emergency situations the Governing Board will not take action on matters significantly affecting
staff until appropriate opportunity for consultation has been provided.
Legal Reference: Education Code Sections 70901, 70902; Title 5 Sections 53200-53204
Adopted: April 6, 1992
Reviewed: June 10, 2013
145
Chapter Two: Administration and Organization
BP 2150
STUDENT ROLE IN GOVERNANCE
Chapter 973, Statutes of 1988 enacted a new structure of governance for the California Community
College system. In accord with this directive as implemented by Administrative Code, Title 5, it
shall be the policy of the Cabrillo College Governing Board to provide students the opportunity to
participate effectively in district and college governance. The Cabrillo College Student Senate is
recognized as the representative body of students to offer opinions and to make recommendations to
the administration of the college and to the Governing Board with regard to policies and procedures
that have or will have a significant effect on students. The selection of student representatives to
serve on college committees, task forces, or other governance groups shall be made after
consultation between the President/Superintendent and his/her designee and the Student Senate.
Except in unforeseeable emergency situations, the Governing Board will not take action on
matters significantly affecting students until appropriated opportunity for consultation has been
provided.
Legal Reference: Education Code Sections 70901, 70902, 76060; Title 5 Section 51023.7
Adopted: March 2, 1992
Reviewed: June 10, 2013