Proposed Marin Community College District Policy
CCLC No. 2200
Board of Trustees
DRAFT as of 4/28/09
BP 2200
BOARD DUTIES AND RESPONSIBILITIES
References:
Education Code Section 70902;
ACCJC Accreditation Standard IVB.1.d;
The Board of Trustees governs on behalf of the citizens of the Marin Community
College District in accordance with the authority granted and duties defined in Education
Code Section 70902.
The Board is committed to fulfilling its responsibilities to:
 Represent the public interest;
 Establish policies that define the institutional mission and set prudent, ethical,
and legal standards for District operations;
 Hire and evaluate the Superintendent/President;
 Delegate power and authority to the Superintendent/President to effectively lead
the District;
 Assure fiscal health and stability;
 Monitor institutional performance and institutional quality; and
 Advocate for and protect the District.
 From current College of Marin Policy 1.2080 titled Ethics, Duties and
Responsibilities
The Board, responsible to the citizens of Marin County, and sensitive to their hopes,
ambitions, and needs, shall have the responsibility of formulating public policy for
community college education in the District and its oversight and control and shall hold
in trust the responsibility for the wise and frugal management of education, a critical
local and state resource. Together, Trustees guide the community college to meet its
mission and serve creatively the ever-changing community.
The Board shall exercise its legislative responsibility by concentrating on the big picture
and by formulating and adopting written Bylaws and policies which fulfill their
responsibilities and contribute to the efficient operation of the college.
The Board shall exercise its executive responsibility by the appointment of a chief
executive officer (hereinafter referred to as "District Superintendent ") who shall have
authority and responsibility for the day-to-day operation of the District in compliance with
the Education Code Sections 72400; 72411, 72413 and the Bylaws and policies of the
Board. The District Superintendent may consult with the Board President when the
Board is not meeting, on matters which need a quick response and on which she/he
may want some advice. When appropriate, the President of the Board shall notify all
other Board members.
The Board shall fulfill its judicial responsibility by sitting as an appeal board from any of
its acts or the acts of the District Superintendent, except in those instances specifically
prohibited by law or contract provisions. Any student, employee or citizen of the District
desiring to so appeal may request a hearing before the Board providing the appellant
has proceeded through proper channels as described in the policies.
As the legal employer of the District, the Board shall ensure that contracts limited to
wages, hours and conditions of work be negotiated with the organized groups of
employees who have complied with appropriate state legislation.
The Board responsibilities are as follows, subject to the Education Code:
a) Formulate and adopt Bylaws for the Board's own governance.
72283 (These citations no longer exist)
E.C. 72282,
b) Select and appoint the District Superintendent, through whom the Board
exercises its control of the District, and to whom all other administrators,
employees, agents and professional consultants of the District shall be
responsible. E.C. 72411, 72413 (Section 72413 no longer exists)
c) Formulate, adopt, and review annually the District statement of philosophy,
mission, and goals, and revise as needed, using a participatory process;
establish annual District-wide priorities.
d) Formulate and adopt policies for the governance of the District and hold the
District Superintendent accountable for administering them.
e) Upon the recommendation of the Superintendent, appoint all certificated and
classified personnel, and take appropriate actions concerning retention,
promotion, transfer, or dismissal of such personnel in accordance with
established due process. E.C. 72400
f) Preserve the financial integrity of the District by adopting an annual balanced
budget including, if possible, a provision for reserves. Pursuant to careful
analysis, approve any subsequent revisions or transfers within the items of the
budget. subject to Section 1.5302 of these Bylaws. E.C. 72285, 85200 (These
citations no longer exist)
g) Conduct annual evaluation of District programs, the District Superintendent, and
the Board's own activity. The Board self-evaluation shall regularly take place in
May of each year. Appraise the quality, efficiency, and fiscal stability of the
District operations.
h) Approve the expenditure of all funds subject to Section 1.5310 (7) of these
Bylaws, and let all contracts, subject to Section 6.0015 of Board policies.
i) Develop and preserve the physical facilities of the college.
j) Serve as the Court of Appeal for student grievances and non-represented
employees.
k) Act as a bridge to the community.
l) Perform such other duties as may be prescribed by law. E.C. 35160
NOTE: This policy is suggested as good practice. The language in red ink is recommended from the
Community College League and legal counsel (Liebert Cassidy Whitmore). Board duties and
responsibilities are also reflected throughout the Board Policies and are addressed in BP 2715 titled Code
of Ethics/Standards of Practice. Additional resources may be found in Chapter 7 of the Community
College League’s Trustee Handbook and other publications on trusteeship. The language in black ink is
from current College of Marin Policy 1.2080 titled Ethics, Duties and Responsibilities adopted on 12-10-80
and revised on 5-10-05. The information in green ink reflects recommended revisions by the Board
Policy Committee.
Date Adopted:
(Replaces current College of Marin Policy
1.2080)
Legal Citation for Board Policy 2200 Board Duties and
Responsibilities
Accreditation Standard IV.B.1
Standard IV: Leadership and Governance
B. Board and Administrative Organization
In addition to the leadership of individuals and constituencies, institutions
recognize the designated responsibilities of the governing board for setting
policies and of the chief administrator for the effective operation of the
institution. Multi-college districts/systems clearly define the organizational roles
of the district/system and the colleges.
1. The institution has a governing board that is responsible for establishing policies to
assure the quality, integrity, and effectiveness of the student learning programs and
services and the financial stability of the institution. The governing board adheres to a
clearly defined policy for selecting and evaluating the chief administrator for the college
or the district/system.
d. The institution or the governing board publishes the
board bylaws and policies specifying the board’s size,
duties, responsibilities, structure, and operating
procedures.
EDUCATION CODE SECTIONS 35160, 72400, 72411
35160. On and after January 1, 1976, the governing board of any school
district may initiate and carry on any program, activity, or may otherwise
act in any manner which is not in conflict with or inconsistent with, or
preempted by, any law and which is not in conflict with the purposes for
which school districts are established.
72400. The governing board of each community college district shall
and prescribe the duties to be performed by all persons in community college
service in the district.
72411.
(a) Every educational administrator shall be employed, and
all other administrators may be employed, by the governing board of
the district by an appointment or contract of up to four years in
duration. The governing board of a community college district, with
the consent of the administrator concerned, may at any time
terminate, effective on the next succeeding first day of July, the
term of employment of, and any contract of employment with, the
administrator of the district, and reemploy the administrator, on any
terms and conditions as may be mutually agreed upon by the board and
the administrator, for a new term to commence on the effective date
of the termination of the existing term of employment.
(b) If the governing board of a district determines that an
administrator is not to be reemployed by appointment or contract in
his or her administrative position upon the expiration of his or her
appointment or contract, the administrator shall be given written
notice of this determination by the governing board. For an
administrator employed by appointment or contract, the term of which
is longer than one year, the notice shall be given at least six
months in advance of the expiration of the appointment or contract
unless the contract or appointment provides otherwise. For every
other administrator, notice that the administrator may not be reemployed by
appointment or contract in his or her administrative position for the
following college year shall be given on or before March 15.
(c) If the governing board fails to reemploy an administrator by
appointment or contract in his or her administrative position and the
written notice provided for in this section has not been given, the
administrator shall, unless the existing appointment or contract
provides otherwise, be deemed to be reemployed for a term of the same
duration as the one completed with all other terms and conditions
remaining unchanged.
(d) Subdivisions (b) and (c) do not apply to any administrator who
holds a position that is funded for less than a college year, is
assigned to an acting position whose continuing right to hold the
position depends on being selected for the position on a regular
basis, is terminated pursuant to Section 87743, 88017, or 88127, or
is dismissed for cause.