Proposed Marin Community College District Policy
CCLC No. 2430
Board of Trustees
DRAFT as of 4/28/09
BP 2430
DELEGATION OF AUTHORITY TO
SUPERINTENDENT/PRESIDENT
References:
Education Code Sections 70902(d) and 72400;
ACCJC Accreditation Standards IV.B.1.j and IV.B.2
The Board delegates to the Superintendent/President the executive responsibility for
administering the policies adopted by the Board and executing all decisions of the
Board of Trustees requiring administrative action.
The Superintendent/President may delegate any powers and duties entrusted to
him/her by the Board of Trustees, but will be specifically responsible to the Board for the
execution of such delegated powers and duties.
The Superintendent/President is empowered to reasonably interpret Board Policy. In
situations where there is no Board Policy direction, the Superintendent/President shall
have the power to act, but such decisions shall be subject to review by the Board. It is
the duty of the Superintendent/President to inform the Board of such action and to
recommend written Board Policy if one is required.
The Superintendent/President is expected to perform the duties contained in the
Superintendent/President job description and fulfill other responsibilities as may be
determined in annual goal-setting or evaluation sessions. The job description and goals
and objectives for performance shall be developed by the Board of Trustees in
consultation with the Superintendent/President.
The Superintendent/President shall ensure that all relevant laws and regulations are
complied with and that required reports are submitted in timely fashion.
The Superintendent/President shall make available any information or give any report
requested by the Board of Trustees as a whole. Individual Board member requests for
information shall be met if, in the opinion of the Superintendent/President, they are not
unduly burdensome or disruptive to District operations. Information provided to any
Board member shall be available to all Board members.
The Superintendent/President shall act as the professional advisor to the Board in
policy formation.
 From current College of Marin Policy 1.3034 titled The Chief Executive
Officer
The District Superintendent is the Executive Officer of the Board, and as C.E.O., is
responsible for the day-to-day operation of the District and the implementation of Board
policy. E.C. 724l3 (a)
The District Superintendent shall exercise discretionary authority in carrying out
responsibilities of the position, which are:
a) To operate the District within the framework of the Bylaws, policies and decisions
of the Board implementing the District's philosophy, mission, goals, and priorities.
b) To provide the Board with information essential to effective decision-making and
make recommendations on all legislative, executive and judicial matters that
affect the District before action is taken by the Board.
c) To keep the Board informed of all actions taken under discretionary authority
granted to him/her by it; to request additional authority when the occasion
warrants, pursuant to Board Policy Section 6.0013.
d) To advise the Board in all areas of District policy and make recommendations on
such matters before action is taken by the Board.
e) To make recommendations to the Board for the appointment, retention or
dismissal of all personnel of the District and to accept the resignation of District
employees and report such to the Board.
f) To serve as the official channel for contacts between staff members and the
Board.
g) To formulate and promulgate regulations and procedures which shall be binding
on the employees and students of the District and are consistent with the law and
Board policies.
h) To prepare and recommend to the Board an annual budget based on District
priorities and pursuant to Section 1.2080 (f) of these Bylaws, and to administer
the Board-approved Budget.
i) To prepare and submit to the Board an annual report of the operation of the
District, including recommendations for the immediate and long-range
development of the District to fulfill the stated philosophy and goals.
j) To be responsible for the formulation of other reports as may be required by the
Board and by local, state and national governmental units and agencies.
k) To represent the District to the community by interpreting the District program to
the public.
l) To perform such other duties as may be assigned by the Board or required by
law.
m) To operate the District consistent with the ethics set forth in the Board Bylaws
Sections 1.2080 and 1.2090.
 From current College of Marin Policy 7.0002 titled Administrative Control
The Superintendent/President, as the Board's chief executive officer, shall have the
authority and responsibility for the general operation of the District as delegated in the
Board Bylaws. Each employee of the District shall be under her/his general direction.
In exercising authority and responsibility delegated by the Board, the
Superintendent/President shall issue administrative directives consistent with policies of
the Board. The Superintendent/President may delegate authority for the operation of
the District to the other District officers. Such delegation of authority shall normally be
specified in District regulations and procedures issued by the Superintendent/President.
Administrative directives and District regulations and procedures approved by the
Superintendent/President in accordance with Board policies shall apply to all students
and personnel employed by the District, including the Superintendent/President and
other District officers, and, where applicable, to agents and consultants of the District
and the Board.
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). The language in black ink is
from current College of Marin Policies 1.3034 titled The Chief Executive Officer adopted on 12-10-80 and
revised on 5-10-05 and 7.0002 titled Administrative Control adopted on 9-30-81 and revised on 4-9-85
and 3-18-03. The information in green ink reflects recommended revisions by the Board Policy
Committee.
Date Adopted:
(Replaces current College of Marin Policies
1.3034 and 7.0002)
Legal Citations for Board Policy 2430 Delegation of Authority to
Superintendent/President
CALIFORNIA CODES EDUCATION CODE 70902(d)
70902.
(d) Wherever in this section or any other statute a power is
vested in the governing board, the governing board of a community college
district, by majority vote, may adopt a rule delegating the power to the
district's chief executive officer or any other employee or committee as the
governing board may designate; provided, however, that the governing board
shall not delegate any power that is expressly made nondelegable by statute.
Any rule delegating authority shall prescribe the limits of the delegation.
CALIFORNIA CODES EDUCATION CODE 72400
72400. The governing board of each community college district shall fix and
prescribe the duties to be performed by all persons in community college
service in the district.
Accreditation Standards IV.B.1.j & IV.B.2
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.6
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.
j. The governing board has the responsibility for selecting and evaluating the district/system chief
administrator (most often known as the chancellor) in a multi-college district/system or the college chief
administrator (most often known as the president) in the case of a single college. The governing board
delegates full responsibility and authority to him/her to implement and administer board policies without
board interference and holds him/her accountable for the operation of the district/system or college,
respectively.
In multi-college districts/systems, the governing board establishes a clearly defined policy for selecting
and evaluating the presidents of the colleges.
Standard IV: Leadership and Governance
2. The president has primary responsibility for the quality of the institution he/she leads. He/she provides
effective leadership in planning, organizing, budgeting, selecting and developing personnel,
and assessing institutional effectiveness.
a. The president plans, oversees, and evaluates an administrative structure organized and staffed to
reflect the institution's purposes, size, and complexity. He/she delegates authority to administrators and
others consistent with their responsibilities, as appropriate.
b. The president guides institutional improvement of the teaching and learning environment by the
following:
• establishing a collegial process that sets values, goals, and priorities;
• ensuring that evaluation and planning rely on high quality research and analysis on external and internal
conditions;
• ensuring that educational planning is integrated with resource planning and distribution to achieve
student learning outcomes; and
• establishing procedures to evaluate overall institutional planning and implementation efforts.
c. The president assures the implementation of statutes, regulations, and governing board policies and
assures that institutional practices are consistent with institutional mission and policies.
d. The president effectively controls budget and expenditures.
e. The president works and communicates effectively with the communities served by the institution.