135 AGENDA ITEM BACKGROUND DATE TO: GOVERNING BOARD FROM: PRESIDENT June 10, 2013 SUBJECT: Board Policy Revisions: Office of the President, Second Reading REASON FOR BOARD CONSIDERATION ENCLOSURE(S) ITEM NUMBER ACTION Page 1 of 19 F.12 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 BP 8030 Translation of College Publications 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 Reviewed FISCAL IMPACT: None. RECOMMENDATION: It is recommended that the Governing Board adopt the policies as revised. Administrator Initiating Item: John Hendrickson Academic and Professional Matter If yes, Faculty Senate Agreement Senate President Signature Yes No Yes No Final Disposition 136 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 137 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. 138 Chapter One: Bylaws of the Governing Board Adopted: February 1, 1988 Revised: May 2, 1994 Revised June 10, 2013 139 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 140 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 141 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 142 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 143 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 144 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. 145 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 146 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 147 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 148 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 149 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 150 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 151 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 152 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 153 Chapter Eight: Public Information Office BP 8030 TRANSLATION OF COLLEGE PUBLICATIONS The Governing Board authorizes dissemination of information about college programs and services in languages other than English. The Governing Board requires that the standards of language used in such translations are equivalent to the highest standards of English usage. The Director of Marketing and Communications is responsible to ensure that accurate and appropriate non-English translations are used in print and electronic versions of college publications, areas of college website as appropriate, and advertising. Adopted: August 6, 1990 Reviewed: June 10, 2013