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Board of Education Policy

Klamath Community College
Subject: Board of Education
Policy #: 100.0000
Previous Policy #: 100
Previous Title: Board of Education
Issue Date: September 24, 1996
Revision Dates: 04/24/01, 10/23/01, 01/25/05
BOARD OF EDUCATION
100.0000

POLICY
The Board of Education of Klamath Community College District herewith establishes operating procedures for Board actions.
PURPOSE
The Oregon Legislature through the State Board of Education and the Department of Community Colleges and Workforce Development authorized the creation of the Klamath Community College District for the purpose of creating, developing, and maintaining a Community College. The legislative intent is to have a locally governed institution under the direction of a locally- elected Board, providing education services to the citizens of the district. Klamath Community College is created for such purposes.
IMPLEMENTATION
Definition of Terms
100.0110

As used in this manual, unless context otherwise requires:
  1. Klamath Community College District ("District") shall mean the district created by the State Board of Education comprising all but the most northern precincts of Klamath County; or such statutorily renamed entity as may replace it.
  2. Board of Education or Board ("Board") shall mean the statutorily created Board of Education of the Klamath Community College District.
  3. Klamath Community College shall mean the educational institution created by the Board and chartered by the State Board of Education to function as a Community College providing services to the District.
ORGANIZATION OF THE BOARD
100.0200

Authority
100.0210

The Board derives its authority from ORS, Chapters 192, 237, 294, 326, 328, 330, 336 and 341. The Board is subject to the provisions of the Constitution of the State of Oregon, its own policies and procedures, and the expressed will of the electorate. Board members serve without remuneration, except the District provides actual and necessary expenses incurred by Board members in authorized travel for District business, conferences, or professional meetings.
Membership
100.0215

The Board consists of seven elected members from the District and one non-voting student. Five elected members represent prescribed zones and two members are elected from the District at-large. Elections are held in accordance with the provisions of ORS 341.326 to 341.341. The zones are:
Zone 1: Includes the Pacific Terrace and downtown areas.
 
Zone 2: Includes Moyina Heights and the areas North of Highway 140 towards Bly.
 
Zone 3: Includes southeast Klamath Falls and the Henley area.
 
Zone 4: Includes the south suburbs and areas west of Summers Lane, east of Highway 97 and south of South Sixth Street.
 
Zone 5: Includes Lakeshore Drive, the Orindale area towards Keno.
 
Zone 6: At Large
 
Zone 7: At Large

Term of Office
100.0220

The term of office of all Board members shall begin on July 1 following the date of election and run 4 years. Under normal circumstances, Board members shall serve until their successor's term begins. Board members must qualify by taking the following oath of office before assuming the duties of the office.
  1. I, _____________________, do solemnly swear (or affirm) that I will support the Constitution of the United States, the Constitution of the State of Oregon and the Laws thereof, and the policies of the Klamath Community College District. During my term, I will faithfully and impartially discharge the responsibility of the Office of Board Member to the best of my ability.
  2. I, _____________________, as a member of the Governing Board, hereby agree to:
    • Recognize that the primary responsibility of the Board is to govern and evaluate the college to best meet the educational needs of the entire college district.
    • Devote time, thought and study to the duties and responsibilities of a community college Board member so that I may grow in my ability to render effective and credible service; enhance my ability to function as a trustee through the study of contemporary educational issues as well as through attendance at workshops and conferences - state, local and national.
    • Work with my fellow Board members in a spirit of harmony and cooperation in spite of differences of opinion that may arise during vigorous debate.
    • Base my personal decision upon all available facts in each situation; vote my honest conviction in every case, unswayed by partisan bias of any kind; abide by and support the final majority decision of the Board.
    • Remember that as an individual I have no legal authority outside the meetings of the Board, and I will conduct any relationships with the community college staff, the local citizenry and news media on the basis of this fact. I agree that the Board Chairperson or designee serves as the official spokesperson and that the individual Board members will not represent themselves as speaking for the Board.
    • Resist every temptation and outside pressure to use my position to benefit either myself or any other individual or agency apart from the total interest of the community college district.
    • Review and analyze the college mission regularly.
    • Bear in mind that the Board accomplishes its responsibility to govern and evaluate the college by adopting the policies by which the community college is to be governed, but that the administration of the educational program and the conduct of college business are the responsibility of the President.
    • Welcome and encourage active participation by citizens in establishing policy.
    • Assure the orderly operation of the Board by bringing potential agenda items to the Board Chair and President before bringing proposed agenda items to the Board table.
    • Recognize that discussions of the Board in Executive Session are confidential to the extent provided in Oregon statute.
    • Be scrupulous in requesting only authorized and legitimate reimbursement of expenses.
    • Be familiar with the duties imposed by law upon me as a member of the Board of Directors; to understand those duties and powers as set forth in Oregon Revised Statutes Chapter 341; and to faithfully carry out those powers and duties to the best of my ability.
    • Finally, to strive for the most effective community college Board in a spirit of teamwork and devotion to public education as the greatest instrument for the preservation and perpetuation of our respective democracy.
Vacancies on the Board
100.0225

The Board shall declare the office of a Board member vacant if it finds any of the following:
  1. The incumbent has died or resigned; or
  2. The incumbent has been removed, recalled, or the election has been declared void by a court of competent jurisdiction; or
  3. The incumbent has ceased to be a resident of the College District Zone he or she represented; or
  4. The incumbent has not discharged the duties of office for two consecutive regular monthly meetings unless prevented therefrom by sickness or other unavoidable cause, or unless granted an excuse by the Chairperson of the Board. The Chairperson shall report and have entered such excuses in the minutes of the meeting for which the excuse was granted.
Appoint to Fill Vacancies
100.0230

Vacant positions on the Board shall be filled by appointment of a qualified voter residing in the zone in which the vacancy occurs. A Board member so appointed shall serve until the next regular District election when a successor shall be elected to serve for the remainder of the unexpired term.
Officers of the Board
100.0235

After July 1 of each year, the Board shall meet and organize by electing a chairperson and vice-chairperson from its members.
The President of the College shall be appointed the Clerk of the District. The Dean for Administrative Services shall be appointed the Deputy Clerk of the District, and the Assistant to the President shall be named the Board Secretary.
Duties of the Officers
100.0237
  1. Chairperson The duties of the Chairperson of the Board will be as follows:
    1. To preside at all meetings of the Board;
    2. To appoint or provide for the election of all committees;
    3. To call special meetings as required;
    4. To perform such other duties as may be prescribed by law or by action of the Board.
    5. To have the same duty to vote on matters before the Board as the other members.
    6. Serve as the spokesperson for the Board.
    7. Approve travel requests of Board members to be processed by the College.
    8. Process Board requests of the President.
  2. Vice-chairperson The Vice-chairperson shall uphold the duties of the Chairperson in his or her absence.
  3. President of the College as Clerk of the District The President is appointed by the Board as its Chief Executive Officer and shall implement the policies of the Board regarding the operation of the College. It will be the duty of the Clerk to approve and sign the minutes of all special and regular meetings of the Board, and to co-sign all other official documents of the Board.
  4. Deputy Clerk The Deputy Clerk (Dean for Administrative Services) will function as Clerk for financial purposes in absence of the Clerk.
  5. Secretary for the Board The major duties and responsibilities of the Secretary for the Board will be:
    1. To notify members of the Board of all regular or special meetings;
    2. To attend all Board meetings;
    3. To electronically record the minutes of the meetings of the Board and transmit a draft copy of the minutes of the previous meeting to each member of the Board two weeks before each ensuing meeting;
    4. To have charge of all records, proceedings and documents of the Board.
  6. Committees The Chairperson shall appoint no more than three members to committees designated for a specific purpose. Committees shall not perform any of the Board's functions.
  7. Budget Committee As directed by ORS 294.336, the Budget Committee shall consist of seven College Board members and seven members appointed by the board for three-year terms. Appointees must be qualified electors of the College District.
Authority of Members
100.0240

Any duty imposed upon the Board as a body shall be performed at a regular or special meeting and shall be made a matter of record. The consent to any particular measure obtained from individual board members when the Board is not in session shall not be an act of the Board and shall not be binding upon the district.
Board Duties and Responsibilities
100.0245

General Powers. The Board of Education shall be responsible for the general supervision and control of any and all community colleges operated by the district. Consistent with any applicable rules of the State Board of Education, the Board may:
  1. Employ administrative officers, professional personnel, and other employees, define their duties, terms, and conditions of employment and prescribe compensation therefore;
  2. Enact rules for the governance of all operations of the district, including professional personnel and other employees and students therein;
  3. Prescribe the educational program;
  4. Control use of and access to the grounds, buildings, books, equipment, and other property of the district;
  5. Acquire, receive, hold control of, convey, sell, manage, operate, lease, lease-purchase, lend, invest, improve, and develop any and all property of whatever nature given to or appropriated for the use, support, or benefit of any activity under the control of the Board, according to the terms and conditions of such gift or acquisition;
  6. Purchase real property upon a contractual basis when the period of time allowed for payment under the contract does not exceed 30 years;
  7. Fix standards of admission to the community college, prescribe tuition for admissions to the community college, including fixing different tuition rates for students who reside in the district, students who do not reside in the district but are residents of the state, students who do not reside in the state, and students of special programs;
  8. Prescribe and expend funds raised for special programs and services for the students and for programs for the cultural and physical development of the students;
  9. Provide and disseminate to the public information relating to programs, operations, and finances of the Community College;
  10. Establish or contract for advisory and consultant services;
  11. Take, hold, and dispose of mortgages on real and personal property acquired by way of gift or arising out of transactions entered into in accordance with the powers, duties, and authority of the Board, and institute, maintain, and participate in suits, actions, and other judicial proceedings in the name of the District for the foreclosure of such mortgages;
  12. Maintain programs, services, and facilities, and, in connection therewith, cooperate and enter into agreements with any person or public or private agency;
  13. Provide student services, including health, guidance, academic advising, career information, placement services, or contract therefor;
  14. Join appropriate associations and pay any required dues therefor from resources of the District;
  15. Apply for federal funds and accept and enter into any contracts or agreements for the receipt of such funds from the Federal Government or its agencies for educational purposes;
  16. Exercise any other power, duty, or responsibility necessary to carry out the functions under this section or required by law;
  17. Prescribe rules for the use and access to public records of the District that are consistent with ORS 192.420. However, the following records shall not be made available to public inspection for any purpose except with consent of the person who is the subject of the record, or upon order of a court of competent jurisdiction:
    1. Student records relating to matters such as grades, conduct, personal and academic evaluations, results of psychometric testing, disciplinary actions, if any, and other personal matters.
    2. Instructional employee records relating to matters such as conduct, personal and academic evaluations, disciplinary actions, if any, and other personal matters.
    3. Employee records, evaluations, disciplinary action, if any, and other personnel matters.
  18. Enter into contract for the receipt of cash or property, or both, and establish annuities pursuant to ORS 731.704 to 731.724; and, commit appropriate, authorize, and budget for the payment of or other disposition of general funds to pay, in whole or in part, sums due under an annuity agreement; and to provide the necessary funding for reserves or other trust funds pursuant to ORS 731.716.
  19. Encourage gifts to the District by faithfully devoting the proceeds of such gifts to the purposes for which intended.
  20. Build, equip, repair, lease, purchase, and raze facilities; and locate, buy, and acquire lands for all district purposes. Financing may be any prudent method including but not limited to loans, contracts purchase, or lease. Leases authorized by this section include lease-purchase agreements where under the District may acquire ownership of the leased property at a nominal price. Such financing agreements may be for a term of up to 30 years except for lease arrangements which may be for a term of up to 50 years.
  21. Participate in educational consortia with public and private institutions that offer upper division and graduate instruction. Community colleges engaged in such consortia may expend money, provide facilities, and assign staff to assist those institutions offering upper division and graduate instruction.
Conflict of Interest
100.0250

Taking a seat on the District Board by an employee of the District shall automatically serve to terminate that individual's employment with the District.
No member of the Board shall receive funds from the District for any reason other than reimbursement for valid expenses incurred on behalf of the District.
Separation from the Board will prohibit employment by the College for 1 year from the date of separation.
In the event of a potential conflict of interest involving any member of the Board, such member shall announce publicly the nature of the potential conflict. This shall be made by the member during the meeting at which any official action related to such conflict of interest shall be proposed or taken and prior to participating in any related discussion or official action thereon, whether by vote or by abstention.
A "potential conflict of interest" means any transaction where a person acting in a capacity as a public official takes any action or makes any decision or recommendation, the effect of which would be to the private pecuniary benefit or detriment of the person or the person's relative, or a business with which the person or person's relative is associated. There is not a "potential conflict of interest" where the transaction would effect to the same degree a class of persons consisting of all inhabitants of state, or a smaller class of persons consisting of an entire industry, occupation, or group with which the Board member is associated, or in which the member is engaged.
The Board member need not announce a potential conflict of interest more than once during the meeting. When a Board member announces a potential conflict of interest, it shall be recorded in the minutes of the Board. Notice of the potential conflict and how it was disposed of may, at the request of a majority of the Board or upon request of the member giving notice of the potential conflict, be provided to the Oregon Government Ethics Commission.
BOARD OPERATIONS
100.0300

Meetings
100.0310
  1. Annual Organizational Meeting:
    The Board of Education will hold an annual organizational meeting at the first regularly scheduled board meeting after July 1 of each year.
  2. Regular Meeting:
    The regular meeting of the Board of Education will be held at a time and place prescribed by the Board in regular session. The date of a regular meeting may be changed by action of the Board.
  3. Special Meetings:
    Special meetings of the Board of Education may be called by the Chairperson of the Board, by the President, or Clerk of the District when approved by the Chairperson of the Board or by the majority of members of the Board.
  4. Executive Sessions:
    Executive sessions of the Board will be held only for purposes as outlined in Chapter 192 of Oregon Law.
  5. Emergency Sessions:
    Emergency Session of the Board will be held only for the purposes as outlined in Chapter 192 of Oregon Law.
  6. Board Work sessions:
    The Board may gather in a plenary form for the purpose of planning and discussion. No actions shall be taken at such sessions.
Place of Meeting
100.0320

All meetings of the Board will be held in the Boardroom of the District unless previously announced that another location has been selected. In case any meeting is held at a different place, the Board secretary will notify each member of the change. Regular meetings will be held at 7:00 p.m., unless otherwise required by law or otherwise specified in the call for the meeting.
Board Member Packets
100.0325 The Board Meeting packet of materials shall be mailed by first class mail in time to be post marked not later than seven (7) calendar days before the meeting. The address to which this packet is mailed shall be the Board Members address on file with the Board Secretary.
Changes to the Board Secretary's Board Member Mailing List shall be submitted in writing to the Board Secretary not less than five (5) calendar days before the change takes effect. The Board Secretary shall make an outline showing what information is required within 30 days of the approval of this policy. The Board Secretary shall update this outline as necessary and make copies available to Board Members by their request in both paper and electronic format.
Members of the Media and other approved recipients of packets shall be treated the same as Board Members.
Meetings Open to the Public
100.0330
  1. All meetings of the Board will be open to the public except for executive sessions.
  2. The order of business of any official meeting will include an opportunity for the public to address the Board on any item of business which is included in the agenda. The Board, however, does not obligate itself to act upon any request or proposal immediately. In order to place an item on the agenda, the item must be submitted to the Board Chair in writing at least five working days before the meeting.
  3. Regular Board meetings will be advertised in the local press 7 days in advance of the public meeting.
Voting
100.0335

  1. A motion and second to the motion are required prior to a vote.
  2. Except as noted elsewhere, voting shall be by a voice vote.
  3. A member of the Board may call for a roll call vote in which case the secretary shall read the members names, recording their individual votes.
  4. A member voting against a proposition may state his or her reasons and may have them recorded in the minutes if he or she so requests at the time of the voting.
Minutes of Meetings
100.0340

  1. A record of all transactions of the Board will be set forth in a Minutes Book of the Board, and the Minutes Book will be kept by the Board secretary as a permanent official record of legislation in the District and will be open to inspection by the public.
  2. The minutes will record the name of the person making a motion, the motion, the name of the person seconding it, and the results of the vote.
  3. Proceedings of Board meetings will be taped for substance/conformation of the meeting.
  4. Minutes of executive sessions of the Board shall be kept pursuant to ORS 192.660 and should include:
    1. Members present.
    2. Nature of topic being discussed.
    3. Minutes of executive session will be kept in a manner distinctive from regular board meeting minutes.
Order of Business and Procedure
100.0350

  1. A majority vote of the entire Board will constitute a quorum for the transaction of business. An affirmative vote of the majority of all Board members is necessary to pass a motion.
  2. The agenda of the meeting will be prepared by the President of the District. Items may be placed on the agenda five working days prior to the Board meeting by the Board members or any patron of the District. Patrons following Board procedures may be invited to address agenda items as they are discussed, for a limited amount of time (3-5 minutes). Patrons wishing to address other items may do so during Public Participation for a limited amount of time (3-5 minutes). Large groups (over 5) will be limited to 10 minutes.
  3. The order of business at regular meetings of the Board will generally follow this outline:
    1. CALL TO ORDER
    2. CONSENT AGENDA
    3. ADOPTION OF AGENDA
    4. ROUTINE ACCEPTANCE
    5. PRESIDENT'S UPDATE
    6. ACTION ITEMS
    7. CURRENT ISSUES KEY RESULT AREAS
    8. BOARD DISCUSSION AND PUBLIC PARTICIPATION
      1. Board Discussion
      2. Public Participation
    9. FUTURE ISSUES
    10. EXECUTIVE SESSION
    11. NEXT MEETING
    12. ADJOURN
Policies
100.0400
  1. The policies adopted by the Board for the District have been written to be consistent with the provisions of law, but do not encompass all laws relating to the District's activities. All District employees will be expected to know and will be held responsible for observing all provisions of law pertinent to their activities as District employees.
  2. Additions, changes, and/or deletions of policies governing the District shall be considered by the Board at a minimum of two separate meetings before final action is taken.
  3. Notwithstanding "B" above, and in the event of emergency situations, any Board policy or procedure needing immediate action may be enacted by a majority vote of the entire Board. During a conference call with the Board, a roll call vote will be required with the results to be made public as part of the next regular meeting of the Board.
  4. The President will furnish a copy of the policies and a copy of any amendment thereof to each employee and to any interested person. In lieu of the distribution of the complete manual, the President may prepare a special edition for any specific group of employees; provided, however, that a copy of the complete policies and procedures is made readily accessible to all employees and to members of the public. Copies of the Board policies and procedures will be on file in the office of the President of the District.
Retained Rights
100.0410

The Board shall operate and maintain KCC and all of its sites. It is understood that the rights of the employees are set forth throughout this Manual of Board Policies. Such rights shall not be abridged by this Retained Rights clause. However, subject only to the express limitations set forth elsewhere in applicable statutes, the Board, who may delegate such authority to the President, shall continue to hire, transfer, promote, and demote employees; to discipline, reprimand, suspend, or discharge employees; to lay off and recall employees; to determine work load, office hours, qualifications for advancement, assignment of work, and select professional employees; to make administrative evaluation of employees; to extend contracts; to determine the number of employees to be used in any classification or activity; to prepare, enter into, and execute employment contracts between any professional employee and the Board which shall include by reference this Manual of Policies; to determine the period, curriculum, and content of any school term or course; to establish or modify rules, regulations, and practices; to grant sabbatical leaves on such terms and to such persons as the Board may from time to time determine necessary or desirable; to close down or move the College or any part thereof or to curtail operations; to establish new departments or operations and to discontinue existing departments or operations, in whole or in part; to purchase or acquire and to sell or dispose of any assets, in accordance with fiscal affairs policies; to control, maintain, and regulate the use of buildings, equipment, and other property of the College; to introduce new or improved methods or equipment; to subcontract work as the Board deems necessary or desirable; to determine the number and location of operations, services, and courses; and otherwise, generally to manage the College and direct the employees. The above rights are not all-inclusive but enumerate by way of illustration the type of rights which belong to the Board. All other rights, powers, or authority which the Board had prior to approval of the Manual of Policies are retained by it, except those which have been specifically abridged, delegated, or modified by the Manual of Policies; it being understood and agreed that nothing in the Manual of Policies shall restrict or modify the rights and duties of the Board as provided by law.
Contract Review Board
100.0500

By ORS 279.055, the KCC Board of Education is designated as the local contract review board for the KCC District.
Board Evaluation
100.0600

The Board of Education recognizes the importance of performance evaluation throughout the organization. As a result, the Board shall annually conduct a self-evaluation to measure its overall performance in terms of accomplishments of goals and responsibilities.
Presidential Evaluation
100.0610

The Board of Education recognizes the importance of performance evaluation throughout the organization. As a result, the Board shall annually conduct an evaluation of the President to measure his/her overall performance in terms of accomplishments of goals and responsibilities. Said evaluation to be shared in writing between the President and Board during the February Board Executive Session.
Emergency Presidential Succession
100.0620

In order to protect the Board from sudden loss of presidential services, the President shall have at least one other executive familiar with Board and presidential issues and processes. The President shall periodically furnish the Board with the current name or names of the executive or executives familiar with the Board and presidential issues and processes. In the event of a sudden loss of presidential services, the Board shall appoint an acting President of the College.
Insurance Coverage for the Board
100.0630

Klamath Community College shall purchase general liability and wrongful acts coverage for Board members as they act in their capacity as Board members.
Indemnification of Trustees and Officers
100.0640

Klamath Community College (KCC) shall to the fullest extent permitted by law indemnify any person who is or was a trustee or officer of The Board against any and all liability incurred by such person in connection with any claim, action, suit, or proceeding or any threatened claim, action, suit, or proceeding, whether civil, criminal, administrative, or investigative, by reason of the fact that such person is or was a trustee or officer of KCC, if such person acted in good faith and in a manner such person reasonably believed to be in or not opposed to the best interest of the college, and with respect to any criminal proceeding such person had no reasonable cause to believe the conduct was unlawful. Liability and expenses include reasonable attorneys' fees, judgments, fines, costs, and amounts actually paid in settlement. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that such person did not act in good faith and in a manner which such person reasonably believed to be in or not opposed to the best interests of KCC, and, with respect to any criminal proceeding, had reasonable cause to believe that such conduct was unlawful. The foregoing right of indemnification shall be in addition to and not exclusive of any and all other rights to which any such trustee or officer may be entitled under any statute, bylaw, agreement, or otherwise.

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