—No Explanation Given

OPINION: Residents of Sedona and the Verde Valley have few opportunities to meet in person with members of the Yavapai Community College Governing Board or attend the handful of meetings scheduled each year. The primary reason? Nearly all Board meetings are now held on the Prescott Campus, specifically in the Rock House.

The sole spring exception was supposed to be the March 25 meeting, which had been scheduled as an in-person session at the Verde Valley Campus. However, the Board has now changed that meeting to a Zoom-only format—without offering any explanation.

Perhaps the journey from Prescott to the Verde Campus is too burdensome for Board members so they have decided to use zoom. By contrast, students from Sedona and the Verde Valley are expected to make the trip whenever a class is offered only on the other side of the mountain—just as residents must do if they wish to attend Board meetings. It seems the burden of a long drive depends entirely on who holds the power and who is left without a say.

Sends letter to Chair McCasland requesting a workshop discussion on policy misalignment—McCasland has yet to respond

Representative Toby Payne

Third District Yavapai Community College District Governing Board member Toby Payne has formally requested that Board Chair Deb McCasland convene a meeting to address potential conflicts between state law and policies adopted by the Board and the Higher Learning Commission (HLC), the institution’s accrediting body. 

As of this writing, it is believed that McCasland has yet to respond to Payne’s request.

In his letter, Payne raises concerns regarding the delegation of authority to the college president and the alignment of state law with existing HLC and Board policies. Normally, state law should take precedence over any Board or HLC policies that directly conflict with it.

Payne has requested a discussion to provide clarification and education on these matters. His full letter is reproduced below.

To: Deb McCasland, YCGB Chair

From: Toby Payne, YCGB Member

Subject: Concerns Regarding Governance and Policy Alignment

I am deeply and sincerely disturbed by the current tension within the governing board and between the board and YC administration. After reviewing Policy 310, Resolution 2024-18, Arizona State Statutes, and the Higher Learning Commission’s (HLC) Criteria for Accreditation, I have identified several critical areas requiring attention, conversation, and deliberation among governing board members.

Key Concerns

l . Delegation of Authority: The subject of “delegation of authority” resulted in Lynne Adams providing copies of Attorney’s opinion letters and related correspondence from 2006 and 2010. However, these documents focus on “appoint and employ” versus “appoint or employ” and contracting. They do not address broader governance implications.

Resolution 2024-18 states: “The President shall be authorized to establish all college operational policies, make all decisions, take all actions, establish all practices and develop all activities.” This language appears inconsistent with HLC Criteria Core Component 5.A.I , which reads “Shared governance at the institution engages its internal constituencies—including its governing board, administration, faculty, staff and students—through planning, policies and procedures.”

2. Policy Development and Approval of Policy 310 was presented to the board as part of a packaged consent agenda, with no prior engagement or shared governance process. As such, it cannot be considered a “board policy” but rather one imposed on the board.

Policy 310 references Policy 401, stating: “ The board acknowledges the difference between governance and administration of the college.” This raises questions about clarity and boundaries between governance and administration. Additionally, the statement that “the board’s primary function is to establish the policies by which the college shall be administered” conflicts with instances where the college appears to develop policies that administer the board.

3. Alignment with HLC Criteria and State Statutes HLC Core Component 2.C underscores the autonomy of the governing board to make decisions and highlights the importance of compliance with its subpoints, particularly l, 3, and 5.

Arizona Revised Statutes 15-1444(A) explicitly state that each district board shall “visit each community college under its jurisdiction and examine carefully into its management, conditions, and needs.” This duty cannot be restricted by the administration and contradicts the Resolution’s assertion that “the Board’s sole official connection to the operational organization, its achievement, and conduct is through the College President.”

Lynne Adams made the point clear in her opinion letter dated March 10, 2006 page 3, that “except as otherwise provided” expressly recognizes that the legislature may make exceptions to the general grants of power found in that statute, as a modifier of the powers of the Board.

Proposed Actions

l . Education on Delegation of Authority: I propose a discussion and education session led by our attorney to distinguish between delegating authority and relinquishing or waiving authority. This will clarify the board’s role as the legally constituted and final authority for the operation of Yavapai County Community College District.

2. Work Session on Governance and Policy Alignment: I request that you, as Chair, schedule an agenda item and a work study session to address the following:

• • • • Ensuring alignment between state statutes, HLC criteria, and board policies.
      • Clarifying governance boundaries and roles.
      • Establishing a shared governance process for policy development
      •  

3. Preparation for HLC Assurance Review: With the next HLC Assurance Review in two years, now is the time to ensure compliance and alignment at all levels. Addressing these concerns proactively will foster good communication, clear boundaries, and shared understanding between the board and administration.

Conclusion

Chair McCasland, I urge you to prioritize these issues and engage the full board in discussions before adopting any further policies or resolutions. Open communication and collaborative efforts are essential to resolving current tensions and ensuring effective governance that benefits Yavapai College and its stakeholders. I expect that you, Dr. Rhine, David Borofsky and Lynne Adams will discuss this, but precisely the point is that this needs to be discussed with the board.

Thank you for your attention to this critical matter.

Respectfully,

Toby Payne

Discussion during visit with staff may result in raising serious accreditation issues

Newly elected Yavapai Community College Governing Board member Bill Kiel raised a question during the Governing Board’s January 14, 2025 workshop about the meaning of a provision found in section A(1) of Arizona Statute 14-1444. This statute directs a District Governing Board to visit and examine the management, conditions, and needs of each campus under its jurisdiction. Representative Kiel queried whether, during such a visit, a Yavapai Community College District Board member could ask questions of any of the 500 to 1,000 persons now employed by the College.

The statute reads as follows:

The Community College Board attorney indicated that Mr. Kiel could not. Rather, any question he might have must go to the president of Yavapai Community College. Moreover, a Board member could never, for example, attend a class alone and discuss a matter with a member of the staff.

The Board lawyer intimated in a somewhat confusing fashion that discussion with a staff member during a visit, or otherwise, could well raise serious accreditation questions.

Thus, the Board attorney’s opinion, as best the Blog can understand it, appears to tie the hands of any Board member learning or asking anything directly from any member of the staff during a Board visit or otherwise. One could argue that the 500 to 1,000 part-time and full-time employees and the District Governing Board are effectively muzzled when it comes to any interaction between them at any time. 

Please view the following video clip of the attorney providing a short response to Mr. Kiel’s question during the January 14, 2025 workshop for verification.

A first in Yavapai Community College District Governing Board history: Kiel encourages open dialogue with constituents through innovative platform

Yavapai Community College District Governing Board’s newly elected First District representative, William (Bill) Kiel, has launched a website to share his personal views about the community college with his constituents. The website also invites constituents to contact him directly.

This initiative marks the first time in the Board’s history that a member has established a system to foster direct communication with the district’s residents. Mr. Kiel’s effort aims to make his personal positions about the Community College widely accessible while encouraging feedback and dialogue from his constituents.

The website already features several of his personal views on key topics, including college finances, transparency, and concerns about potential wasteful spending. Notably, one of his most interesting posts outlines his goals for the first 100 days of his term on the Board.

William (Bill) Kiel

For many, Mr. Kiel’s approach represents a welcome change in how the Community College engages with its stakeholders. With an annual taxpayer-funded budget of approximately $125 million, the institution has grown far beyond its early “mom and pop” scale. In fact, it ranks among the highest County taxpayer property tax supported institutions in Yavapai County.

You may visit his website by  going to https://vote4bill.com/1st_100_Days.html.

Says that since he left as the Third District representative to the Board (Sedona, most of Verde Valley) that the Community College leadership with west side majority support has sought to erode its  power. Will new Board in January alter  these policies?

Paul Chevalier

Opinion:  When I was on the Yavapai College Board for four years the subject of the college silencing the Board was brought up at least three times at meetings I was at by the administration but never as a Board action. Each time it came up I stated it was unconstitutional under both the state and federal Constitutions. The college then said it had instructed its management not to answer Board members questions and that was the end of the discussion.

Since I left, the college administration has eroded Board power continuously, all with the consent of the four Board members who live on the west side of our county. Only the east side member who replaced me opposed it.  Four members of the five member Board, with two of them being lame duck west side members in their final Board meeting, have now agreed (by resolution) for the Board to be almost powerless under the control of the President and her senior management, That is the opposite of Arizona legislative intent. The Board by law is supposed to govern the college administration not vice versa.

 Unless three members of the next or some future five member Board decide to end this unconstitutional resolution the Yavapai College Board will remain what it has become, which is a meaningless entity. I expect Board members will follow the resolution even though, I believe, it has no legal standing. We, on the east side, can expect practically no educational classroom courses for our residents from this administration which has broken promises it has made to improve it. The college administration will do whatever it feels like doing and it doesn’t feel like doing much in the way of classroom education for the east side residents. Moreover it is continually raising taxes for all county residents through the roof for land purchases that make no logical sense.

Paul Chevalier

Deadline to show interest is December 2

Yavapai County School Superintendent Tim Carter has initiated the process of filling the Yavapai Community College District Governing Board seat soon to be vacated by District 4 representative Chris Kuknyo. This District includes North Prescott, Chino Valley, Paulden, Ash Fork, Seligman, and surrounding areas. Kuknyo will remain on the Board until December 31, 2024, and the new appointment is expected to be finalized and announced by December 18, 2024.

Application Details
Individuals interested in serving on the Board are invited to submit a letter of interest and a resume to Superintendent Tim Carter at the Yavapai County Education Service Agency. Submissions can be sent to the following address:

• Mail: 2970 Centerpointe East, Prescott, AZ 86301
• Fax: 928-771-3329
• Email: [email protected]

Applicants should include details about their background, including family, education, and work experience, as well as an explanation of why they wish to join the Board. The letter must also include the applicant’s residence and mailing address, email address, and home/work phone numbers. Additionally, candidates may submit up to three letters of recommendation.

The deadline for submitting all materials is Monday, December 2, 2024, at 5:00 p.m.

Selection Process
A five-person committee will review all applications, resumes, and any letters of recommendation. The committee will include:

1. A taxpayer.
2. A faculty member.
3. A student.
4. An elected official.
5. A workforce development professional.

This committee will shortlist candidates for interviews, establish interview questions, and conduct the interviews on December 13, 2024. Afterward, they will recommend finalists for Superintendent Carter’s consideration.

Before making the final selection, Carter will consult individually with the currently seated Yavapai College Governing Board members to gather their input on the finalists. However, this process raises a notable issue: outgoing Board member Ray Sigafoos, who was defeated in the recent election, will participate in candidate discussions, while newly elected Board member William Kiel, who begins his term in January 2025, will not.

Eligibility Criteria
To be eligible for the District 4 seat, applicants must meet the following qualifications:

• Be a registered voter residing in District 4.
• Be a U.S. citizen at least 18 years of age.
• Have civil rights intact.
• Neither the applicant nor their spouse may be employed by the college district.

This is a non-partisan seat, and the appointment process will adhere to the statutory requirements.

It is anticipated that an interim appointment for Kuknyo’s District 4 seat on Governing Board will be made in January or February 2025 by the County Educational Superintendent

Chris Kuknyo

Yavapai Community College District Governing Board member Chris Kuknyo, who ran as a conservative Republican, was elected by a margin of 138 votes over his closest Republican challenger for the position of District 4 Yavapai County Board Supervisor in the July 2024 primary.

It is expected that Kuknyo will soon notify the County Education Superintendent of his intention to step down from the Governing Board due to his election to the supervisor position. Kuknyo was originally appointed to the Yavapai District Governing Board in 2020 for a six-year term, as he was the only candidate to file for the seat. His term is set to expire on December 31, 2026. His successor is likely to be appointed by the County Education Superintendent in January or February 2025 to fill out his last two years.

Last business meeting was May 21; last  workshop May 28; one meeting at Clarkdale campus is on fall schedule

The Yavapai Community College District Governing Board has announced its fall schedule.  Its first business meeting is set for September 24, which is almost four months since it last met on May 21. Two of the fall meetings are scheduled at the Prescott Campus Rock House while one will be held on the Clarkdale Campus.

The December meeting on the schedule is a Governing Board dinner.