Is the District Governing Board abandoning decades of precedent by removing the Open Call to the Public for this particular meeting? Why would it do this?

The Open Call to the public that has been a part of Yavapai Community College agendas for decades appears to be missing from a draft of the agenda of Tuesday’s meeting obtained by the Blog.  The Open Call opportunity allows Yavapai County residents to directly address their representatives for up to three minutes—a tradition that, while sometimes utilized by only a few, serves as a valuable mechanism for public input on Board decisions.

The agenda for the Tuesday, November 19, 2024, meeting has not yet been posted to the public as of Saturday, November 16, leaving the status of the Open Call uncertain. The Blog cannot confirm that it will be missing when published on Monday but it was not evident on a draft agenda obtained by the Blog.

If you plan to attend the meeting at 1 p.m. on the Prescott Campus at the Rock House, be sure to review the posted agenda on Monday to see if the Open Call remains part of the session. This decision, while on the surface appearing pretty minor, could significantly impact public participation in governance over the long run—stay informed!

Note that the Tuesday  meeting will most likely be live streamed at https://www.youtube.com/user/YavapaiCollege

Move calculated to consolidate power in Community College President and preempt scrutiny from Yavapai County taxpayers

Editorial:  In a move that appears calculated to consolidate power and preempt scrutiny, Yavapai Community College leadership has presented a resolution that will be discussed and voted on at Tuesday’s meeting.  The resolution, apparently prepared with the cooperation of an outside consultant, is designed to significantly curtail the authority of its Governing Board.

This resolution, strategically scheduled for a vote at the final Board meeting of 2024, seeks approval from a “friendly” majority that includes two outgoing Board members. The timing and content of the resolution raise serious concerns about transparency, governance, and the future independence of the Board.

The proposed policy would profoundly alter the relationship between the Board and the College President. It imposes strict limitations on Board members, barring them from contacting staff about any “college or community issue” and forbidding a member from “publicly criticizing the president.” This framework, cloaked in language emphasizing “decorum” and “cooperation,” effectively insulates the President from accountability while silencing dissent within the Board.

A Preemptive Power Grab

College leadership’s urgency in pushing this resolution stems from the impending arrival of two new Governing Board members in January. These incoming members could disrupt the administration’s longstanding dominance over Board decisions. By securing the votes of the two lame-duck outgoing members, the administration aims to solidify the President’s authority and restrict the new Board’s ability to challenge or revise policies.

The resolution’s provisions go far beyond ensuring decorum; they establish an autocratic model of governance that marginalizes the elected representatives of Yavapai County residents. Key provisions include:

1. Prohibition of Staff Contact: Board members are explicitly forbidden from directly engaging with staff, regardless of the issue, effectively severing lines of communication and oversight.

2. Ban on Public Criticism: Members are barred from voicing any public critique of the President, stifling free speech and dissent.

3. Deference to the President: The resolution demands unwavering support for the President, requiring Board members to publicly endorse decisions once made, even if they personally disagree.

4. Reinforced Presidential Control: The President is granted expansive authority over operational decisions, policy implementation, and staff management, with minimal oversight from the Board.

Implications for Governance

This resolution redefines the role of the Governing Board, transforming it from an oversight body to a ceremonial entity tasked with rubber-stamping decisions made by the administration. The document openly prioritizes the President’s autonomy over the Board’s ability to represent the community’s interests.

The resolution’s language emphasizes “collective authority” and “respect for roles,” yet these principles are weaponized to suppress individual Board members who might question the administration’s actions. The elected representatives’ duty to advocate for their constituents is subordinated to a requirement to support the President unequivocally.

Moreover, the resolution highlights the administration’s fear of public accountability. Prohibiting Board members from criticizing the President and restricting their engagement with the press effectively shields the College from external scrutiny.

Impact on Yavapai County voters

The adoption of this resolution would mark a troubling shift in the governance of Yavapai Community College. It risks undermining the Board’s role as a check on administrative power and silences voices critical of the status quo. By approving this resolution, the current Board would not only tie the hands of their successors but also erode the principles of transparency and accountability that underpin public institutions.

This resolution does not merely address operational efficiency or Board conduct; it seeks to fundamentally alter the balance of power at the College. The incoming Board members, and by extension the community they represent, deserve the opportunity to participate in shaping the institution’s future without being shackled by the dictates of outgoing members and an overly empowered administration.

The Resolution at a Glance

The full text of the resolution underscores its autocratic nature. The document’s emphasis on loyalty to the President and strict limitations on Board member actions reflects a broader effort to suppress dissent and ensure compliance. It provides that the Board will “monitor” a Board member, something it already does in part by scanning a member’ college email account.  Key excerpts include:

• “The Board provides visible public support for the President, does not undermine his/her authority and counters misinformed public criticism.”

• “Under no circumstances should an individual Board member direct or contact by any means, a staff member concerning a college or community issue.”

• “The Board understands that the President is the primary contact with the college community and does not publicly criticize the President.”

• The Board will monitor inappropriate behavior of the Board as a whole and individual Board members, and take appropriate corrective action-when necessary. 

These provisions crystallize the administration’s intent to silence opposition and maintain its dominance, even at the expense of democratic governance.

The following is the draft resolution:

Proposed New District Governing Board Policy

Policy 310 Yavapai College Code of Conduct and Ethics 

The Board expects of itself, as a whole and of its individual members, ethical and professional conduct. This commitment includes proper use of authority and appropriate decorum in group and individual behavior when acting as Board members. The Board shall: 

Enforce upon itself whatever discipline is needed to govern with excellence. Discipline will apply to matters such as abiding by Board Policy, respect of roles, abiding by the  majority’s decisions and adherence to ethical practices. 

The Board will protect the mission of student learning and student success as they protect the long-term interests of the college. 

Yavapai College District Governing Board will demonstrate a commitment to informed, ethical decision-making based on what is best for the students, the college and the community– not on special interests or personal agendas. Members will review Boad materials provided, attend scheduled meetings, and request data and information  through protocols established by the Board in conjunction with the President. 

In addition: 

Per Yavapai College Board Policy 401, Delegation to and Accountability of President, the Governing Board has delegated the day-to-day management of Yavapai College to the President. Therefore, 

The Board acknowledges the difference between governance and administration of the college. The Board’s primary function is to establish the policies by which the college shall be administered. The authority for overall college administration, to initiate policy recommendations, administer academic programs, conduct college business, direct staff and faculty, and implement board actions is delegated to the college president. Yavapai College District Governing members will respect the delegation of authority to the president to administer the college. 

The Board provides visible public support for the President, does not undermine his/her authority and counters misinformed public criticism. 

The Board is responsible for creating and maintaining a spirit of cooperation and a mutually supportive relationship with its president. Yavapai College District Governing Board will promote a healthy working relationship with college president through respectful, supportive, open and honest communication. 

Authority rests with the entire board and not individuals. The Board’s voice is only expressed through the policies and actions it takes in the official meetings. Once the Board has decided on a policy or position, each Board member must be prepared to honor the Board’s decision. As individuals, YCDGB members have no legal authority to determine policies, programs, or procedures, or to direct the President or any staff. 

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. Board members never speak or act on behalf of the college, unless instructed to do so by a majority vote of the Board. 

The Board understands that the President is the primary contact with the college community and does not publicly criticize the President. 

The Board will maintain appropriate confidentiality of all executive {closed} sessions, as required by Arizona state statutes, 38-431.03. 

The Board will monitor inappropriate behavior of the Board as a whole and individual Board members, and take appropriate corrective action-when necessary. 

Board members do not speak to the press in any way that reflects negatively on their colleagues or the college. 

The Board should be knowledgeable of the Higher Learning Commissions Criteria for Accreditation, especially as it relates to the Board (see HLC Criteria 2.5). Therefore, the Board’s performance as a whole and as individuals has the potential to positively and/or negatively affect accreditation. 

YCDGB will devote time to activities that will enhance their knowledge of the college, and higher educations’ issues as they engage in a regular and ongoing process of professional development, continuous improvement, self-assessment, and participate in college events as appropriate. 

YAVAPAI COLLEGE DISTRICT GOVERNING BOARD

RESOLUTION REAFFIRMING DELEGATION OF AUTHORITY AND

ACCOUNTABILITY TO PRESIDENT

RESOLUTION 2024-18

RECITALS:

WHEREAS, the District Governing Board is the legally constituted and final authority for the operation of Yavapai County Community College District, including any policies that govern the College; 

WHEREAS, the Board’s sole official connection to the operational organization, its achievement, and conduct is through the College President; 

WHEREAS, only officially passed motions of the Board shall be binding on the President; 

WHEREAS, The President shall be the Board’s only link to operational achievement and conduct, so that all authority and accountability of staff, as far as the Board is concerned, shall be considered the authority and accountability of the President; 

WHEREAS, In the case of Board members requesting information or assistance without Board authorization, the President shall refuse such requests that require, in the President’s opinion, a material amount of staff time or funds or are disruptive; 

WHEREAS, The Board shall instruct the President through written policies which prescribe the organizational priorities to be achieved, allowing the President to use a reasonable interpretation of these policies; 

WHEREAS, the Board fully understands proper use of authority including the clear distinction of Board and Staff roles and collective rather than individual authority of the Board; 

WHEREAS, the Board acts consistent with its own policies and those imposed upon it by law and regulations; 

ENACTMENTS: 

NOW THEREFORE BE IT RESOLVED AND REAFFIRMED that the Yavapai County Community College District Governing Board Pursuant to A.R.S. 15-1444(A)(6) & (B)(4), delegates to the College President all of its authority to operate the college and employ, except for any actions taken with regard to a contract of employment for the position of College President. The Board will exercise authority over the College and the President only as they operate with one voice as a whole. Individual Board members will abide by and uphold majority decisions of the Board. 

This shall be based on the following principles: 

YAVAPAI COLLEGE 

1. Accordingly, decisions or instructions of individual Board members, or officers shall not be binding on the President except in rare instances when the Board has specifically authorized such exercise of authority. 
2. The Board shall not evaluate, either formally or informally, any staff other than the President. 3. The President shall be authorized to establish all college operational policies, make all decisions, take all actions, establish all practices, and develop all activities. 
3. As long as any particular delegation is in place, the Board shall respect and support the President’s choices. 

NOW, BE IT ALSO RESOLVED that the Governing Board delegates to the President such additional authority as is necessary to ensure that College operations meet the changing needs of our students and employers. 

The Governing Board shall retain all powers and duties as prescribed by law that are not formally delegated in this Resolution or Board Policies. 

PASSED AND ADOPTED by the Yavapai County Community College District Governing Board this 19th day of November 2024. 

Approved as to form: 

Ms. Deb McCasland, Board Chair 

Mr. Chris Kuknyo, Board Secretary