Front- page story suggests that free speech provisions in the Constitution and state legislation permit elected Board members to discuss community college matters with staff and faculty and openly speak to the community about college issues that concern them because  it is in the public interest to do so

The Sedona Red Rock News published a front-page article on December 11, written by Tim Perry, that examines a controversial policy adopted by the outgoing lame-duck Yavapai Community College Governing Board at its November meeting, the last of the year. The article raises serious questions about whether the policy infringes on the rights of elected Board members to engage with staff,  faculty, and the public on matters of public interest.

The new “code of conduct,” passed by the lame-duck Governing Board 4-1, explicitly restricts individual Board members from communicating with college employees. The policy states: “Under no circumstances should an individual board member direct or contact by any means a staff member concerning a college or community issue. Board members will refer all of their concerns and constituent concerns via email to the president to resolve or answer.”

Additionally, the code stipulates that “Board members do not speak to the press in any way that reflects negatively on their colleagues or the college.”

The Sedona Red Rock News article suggests that such provisions may amount to a “prior restraint” on speech, a concept that is frowned upon under constitutional free speech protections and state legislation. Legal experts argue that in general elected officials have a right—and indeed a duty—to meet with constituents, including staff and faculty, to gather information that is voluntarily offered. Such interactions are widely regarded as being in the public interest, particularly in matters concerning public institutions like Yavapai Community College.

The article’s focus underscores ongoing concerns about transparency and communication between the Yavapai Community College Governing Board, the college community, and the public at large.

You may read the entire article by clicking here:  https://www.redrocknews.com/2024/12/11/ycc-president-attempts-to-seize-control-from-board/

Deep roots in the community and decades of leadership and service experience

Patrick Kukendall

The Yavapai County Superintendent of Schools Tim Carter announced in a press release December 18  the appointment of Mr. Patrick Kuykendall to the Yavapai Community College District Governing Board. He will  represent District 4, which includes: North Prescott, Williamson Valley, Chino Valley, Paulden, Ash Fork, and Seligman.

Mr. Kuykendall is a lifelong resident of Prescott. He attended the Prescott Unified School District and graduated from Prescott High School. His father, a dedicated public servant, served multiple terms on the Prescott City Council and as Mayor from 2009 to 2016.

Mr. Kuykendall began his service to the nation by entering active duty with the U.S. Army in 1983, serving a four-year term. He later dedicated an additional 18 years to the Arizona Army National Guard, including a combat deployment in support of the Gulf War/Desert Storm. He retired from the military in 2005 with the rank of E-8, First Sergeant.

Following his military career, Mr. Kuykendall served as Executive Director of the California Employer Support of the Guard and Reserve under the United States Department of Defense. In 2016, he transitioned to working with the State of Arizona’s Department of Labor Jobs for Veterans State Grant program. His career continued with roles as the State Veterans Manager for Arizona and later as the Arizona Business Services Representative for Yavapai County. According to the press release, Mr. Kuykendall currently collaborates closely with the Yavapai Community College Regional Economic Development Center.

Mr. Kuykendall’s appointment follows the resignation of current District 4 Board Member Chris Kuknyo, effective December 31, 2024. Mr. Kuknyo will assume his new role as an elected member of the Yavapai County Board of Supervisors on January 1, 2025.

To fill the vacancy, County Education Superintendent Carter publicly posted the position and received applications from three qualified candidates prior to the deadline. Superintendent Carter relied on the support of a Candidate Review Committee composed of District 4 community members, including:

• Craig Brown – County Supervisor and elected official for the area
• Dan Burns – Taxpayer representative
• Nicole Clower – Student representative
• Megan Hanna – Faculty representative
• Tyran Payne – Representative of economic development and first response entities

The committee reviewed candidate materials, prepared interview questions, and conducted evaluations, providing Superintendent Carter with its recommendations. Three finalists were interviewed on Monday, December 13, in Prescott, though one candidate later withdrew due to time commitment concerns.

Superintendent Carter further engaged the community by offering face-to-face meetings on March 16 in Prescott, as well as opportunities to communicate via phone or email. He consulted directly with current Yavapai Community College Governing Board members, college administration, and residents before finalizing the appointment. In his press release, Superintendent Carter expressed appreciation for the community’s participation and thoughtful feedback.

Mr. Kuykendall was officially sworn in at the Yavapai County Education Service Agency on Tuesday, December 17, 2024. His term will conclude on December 31, 2026. Mr. Kuykendall has also indicated his intent to run for a full six-year term in the 2026 election cycle, which would commence in January 2027.

With his deep roots in the community and decades of leadership and service experience, Mr. Kuykendall appears well-positioned to contribute meaningfully to the Yavapai Community College Governing Board and District 4 residents.

Citizens in District 4 may express their views to County Superintendent Tim Carter, who will make the appointment, by email at [email protected], or meet personally for a 10-minute meeting between 9 am to 4 pm on Monday, December 16

There are three candidates vying to fill the remainder of outgoing District 4 Yavapai District Governing Board member Chris Kuknyo’s term, which expires December 31,2026. Their names were announced earlier this week.

Residents of District 4 can share their views with County Superintendent Tim Carter, who is responsible for making the appointment. They may email him at [email protected] or schedule a 10-minute in-person meeting on Monday, December 16, between 9 a.m. and 4 p.m. at the Yavapai County Education Service Agency, located at 2970 Centerpointe East, Prescott, AZ 86301. Meetings will be conducted on a first-come, first-served basis.

The three candidates, in alphabetical order are:

Mr. Alex Daniels of Chino Valley. Daniels is a 2017 graduate of Chino Valley High School. He holds an Associate of Arts degree in Cyber Security and Networking from Yavapai College. He completed his Bachelor of Applied Science degree at Northern Arizona University. He is an IT professional (Systems Engineer) for Yavapai County Government.

Mr. Henry Ebarb of Prescott. Henry is a 2005 graduate of Prescott High School. He also holds an Associate of Arts degree, in Business Administration and Management from Yavapai College and two Bachelor of Science degrees from Northern Arizona University, one in Music Theory and the other in Political Science. His Masters Degree is from the Thunderbird School of Global Management in Digital Marketing and Finance. He owns and operates several local businesses.

Mr. Patrick Kuykendall of Prescott. Kuykendall  is a 1983 graduate of Prescott High School. He entered the United States Army where he served four years and then another 18 years with the Arizona Army National Guard where he served a combat deployment in support of the Gulf War/Desert Storm. He retired in 2005 at the rank of E-8, First Sergeant. He has been serving veterans ever since, in several leadership roles.

Carter is expected to announce his decision on Wednesday, December 18.

In Sedona Red Rock News Christopher Fox Graham calls the restrictions on Board members’ communication with faculty and staff unconstitutional, arguing they violate fundamental free speech rights

Christopher Fox Graham

In a November 29, 2024 opinion column, Sedona Red Rocks newspaper managing editor Christopher Fox Graham expressed alarm over a policy adopted by the lame-duck Yavapai Community College Governing Board. The policy restricts communication between elected District Governing Board members and any member of the Community College staff. Should such communication occur, the staff member may face disciplinary action, even if the interaction involves an innocent question related to the College’s operations.

In his column, Mr. Graham alleged that the College “doesn’t have a grasp of basic constitutional law, or it would not attempt to strangle free speech in the throats of faculty members who want to discuss legitimate issues with their duly-elected board members for the benefit of the taxpayers who elected them.”

He warned, “Hopefully the incoming board . . . will have the wisdom to shut down this policy before litigation by an offending faculty member leads to a costly lawsuit the college will certainly lose, costing taxpayers tens of thousands, if not hundreds of thousands, of dollars in legal fees that could be better spent on programs, facilities and student services.”

You may read his column found in the Sedona Red Rock News about  this issue by clicking here.