Archive for GOVERNING BOARD

BOARD MEMBER PAYNE’S REQUEST TO AMEND THE MEETING MINUTES REGARDING COMMENTS MADE BY MEMBER KUYKENDALL TOWARD MEMBER KIEL REJECTED

Kuykendall talks about “hate,” “negativity” and appears to blame Kiel for keeping meetings on zoom

At its March 26 meeting, Third District Yavapai Community College Governing Board member Toby Payne requested that the official minutes of an earlier meeting, now before the Board for approval, accurately reflect Representative Patrick Kuykendall’s comments directed at Board member William Kiel. He specifically asked that the following statement be included in the February minutes. 

Also, at Board business (5)(c) I respectfully request the following be added:  (At 14:54:04.)  Board member Kuykendall said in part that he had seen nothing from Board member Kiel but “negativity and attacks on the Chairman and the president and the threats have got to end.” “Mr. Kiel since day one has made threats and been so disrespectful” and Kuykendall claimed he had never sat on a Board with so much “hate and discontent” coming from a Board member. He went on to ask what could be done legally to Mr. Kiel and claimed the reason the Board members were not holding in-person live meetings is when “somebody mentions firearms and they are unstable, it is a threat.”  Mr. Kiel was not allowed to respond to the allegation by Mr. Kuykendall that he was “unstable” or anything else despite a request from him to be allowed to do so.

During discussion of  Payne’s motion, Mr. Kuykendall said he had “no comment” and that he stood “by his actions.” Mr. Bracety said the motion didn’t “warrant comment.” Chair McCasland said she didn’t think the wording “was exactly accurate.” She also said she “did not approve of putting this into the minutes—the video will show it.” Moreover, she said she recalled the attorney at the meeting stating that the discussion must end because it was not appropriate.

Mr. Kiel commented, “It seems futile, but that is an accurate representation of what occurred during that meeting. I believe I was slandered at that meeting, and I have not yet decided how to proceed with that.”

The motion  was rejected by a 3-2 vote, with Chair Deb McCasland, Patrick Kuykendall, and Steve Bracety voting in favor. Only Representative William Kiel voted in support of Payne.

A video clip of this portion of the meeting may be viewed below:

BOARD MEMBER PAYNE’S REQUEST TO AMEND MEETING MINUTES TO REFLECT FRUSTRATION WITH EFFORT TO GET ITEM ON AGENDA REJECTED BY MAJORITY VOTE

Payne argued that he asked that a Board issue be placed on the agenda pursuant to Board Policy 308 but the Chair refused to do so – he  sought to have official minutes to reflect that refusal

At the March 26 Yavapai Community College District Governing Board meeting, Third District Representative Toby Payne requested that the formal minutes from the February 18 Board meeting be amended to reflect a concern he originally raised in January. Specifically, Payne asked that the minutes document his January 19 letter to Board Chair Deb McCasland, in which he formally requested that an agenda item be added to discuss potential conflicts between Higher Learning Commission (HLC) requirements and existing Board policy. The HLC accredits the Community College.

Payne’s proposed addition to the minutes read:

“Mr. Payne reported that on January 19 he sent Chair McCasland (Tape 14:42:44) a letter requesting that an agenda item be added to the next Board agenda pursuant to existing Governing Board policy. He also listed proposed actions. He was asking for a discussion regarding HLC alignment, delegation of authority, and overall governance and policy alignment with Board policies. The goal was to see that there is perfect alignment with the various Board policies and the Higher Learning Commission.”

In an interview, Payne explained that his effort stemmed from concerns that current Board policies may be out of step with HLC standards. He asserted that Chair McCasland’s refusal to place the item on the agenda violated Board Policy 308, which he interprets as requiring the Chair to honor such requests.

His motion to amend the minutes was denied in a 3-2 vote. Chair Deb McCasland, Patrick Kuykendall, and Steve Bracety voted against the amendment, while Payne and William Kiel voted in favor.

YAVAPAI COMMUNITY COLLEGE REPRESENTATIVE PAYNE’S REQUEST TO CORRECT THE FORMAL FEBRUARY GOVERNING BOARD MINUTES TO REFLECT WHAT ACTUALLY OCCURRED — WHEN NO OPPORTUNITY FOR DISCUSSION WAS ALLOWED BEFORE GOING INTO EXECUTIVE SESSION — IS REJECTED 3-2

Payne argued his addition would make the minutes more transparent to the public; Board majority remained mostly silent, with the Chair claiming discussion was unnecessary since the motion concerning entering the executive session was on the meeting videotape

At the March 26 meeting, Third District Yavapai Community College Governing Board member Toby Payne requested that the official minutes accurately reflect what transpired when the Board voted to enter executive session on February 18. He specifically asked that the following statement be included in the February minutes. “I respectfully request the following to be added,” he said:

Mr. Kiel requested that the Board discuss an issue or issues prior to going into executive session.  The Chair did not open the floor for discussion after a second to go into executive session, so Mr. Kiel decided not to attend the executive session.  Mr. Payne stated that he was very concerned about the transparency to the public about why the Board is going into executive session or why the Board is holding a virtual meeting.  He did not attend the executive session.

Mr. Payne’s request to amend the minutes was rejected by a 3-2 vote, with Chair Deb McCasland, Patrick Kuykendall, and Steve Bracety voting in favor. Only Representative William Kiel voted against the motion in support of Payne. The majority members offered few comments before casting their votes. Chair McCasland stated that everything was documented in the meeting video and noted that she had never engaged in a discussion regarding the decision to enter an executive session.

A video clip of this portion of the meeting may be viewed below:

WHOOPS! BOARD MEETING AGENDA INADVERTENTLY NOT ACTIVATED FOR THE MARCH 25 MEETING – ON ADVICE OF ATTORNEY, MEETING MOVED TO GIVE RESIDENTS 24 HOUR OPPORTUNITY TO REVIEW SUMMARY AGENDA

No details were released regarding the exact nature of the embarrassing failure to activate the link

The Yavapai Community College Governing Board unexpectedly rescheduled its zoom meeting set for March 25 to March 26. The change occurred when Board member William Kiel informed the Board’s lawyer on the morning of March 25 that the electronic link to the Board agenda had not been activated on the Board’s website. Because the link was not properly activated, members of the public were unable to access the agenda at least 24 hours before the meeting, as required by law.

Arizona law mandates that Board agendas be made publicly available at least 24 hours prior to a meeting. However, the Board’s lawyer believed that  the March 25 meeting could have proceeded despite the web notification failure because paper copies of the time, place, and summary agenda were properly posted elsewhere. However, she advised the Board to reschedule the meeting to ensure that the public, particularly those relying on the website link, had an opportunity to review the agenda and the topics to be discussed at least 24 hours before the event.

The written explanation offered by the Board lawyer is set out below:

“The Governing Board’s legal counsel learned late on the morning of March 25, 2025 that the link on the College’s website to the District Governing Board’s March 25 meeting agenda was inadvertently not activated until the morning of March 25.  The agenda was posted more than 24 hours in advance, but the link was not made “live” at the time.  Therefore, members of the public attempting to access the meeting agenda from the College’s website could not do so at least 24 hours in advance.

“The College physically posted the meeting agenda more than 24 hours in advance of the March 25 , 2025 meeting.

“The Open Meeting Law allows a governing board to proceed with a public meeting if a ‘technological problem or failure’ prevents the posting of the agenda on the website 24 hours in advance, as long as the agenda was physically posted in compliance with the Open Meeting Law.  Although the March 25 District Governing Board meeting could therefore proceed despite the technological agenda posting issue, the Board has been advised to reschedule the meeting to ensure that the public receives adequate notice of the meeting.” 

DESPITE OVER $2 MILLION IN CONSULTING FEES IN THE LAST THREE YEARS, YAVAPAI COMMUNITY COLLEGE DELIVERS FEW RESULTS FOR SEDONA AND VERDE VALLEY

Developmental projects  for the Verde Campus of over $20 million including major housing, creation of commercial driver training program, important brewing and distilling  project, and future EV hi-tech repair all scrapped despite recommendations from consultants and initial concept approval by Board

OPINION: According to data obtained from Yavapai Community College, the institution has spent over $2 million in consulting fees with SmithGroup, Inc. over the past three years. SmithGroup has been advising the college on capital development projects throughout the district.

Records indicate that the college paid SmithGroup consulting fees of  $364,907 in 2022, $399,738 in 2023, and $1,312,938 in 2024.

In its 2022 master plan, SmithGroup recommended a development strategy for the Verde Campus, which the Governing Board conceptually approved. The plan outlined approximately $20 million in proposed projects, including $9.25 million for student housing, $608,000 for a commercial driver training program, $8.04 million for expanding the fermentation program with craft brewing and distilling, $3.09 million for renovations to Building “M,” and $146,000 for acoustic upgrades to rooms at the Sedona Center.

However, several projects outlined in the plan for the Verde Campus have since been abandoned, including major student housing, the commercial driver training program, and the fermentation and distilling expansion. Additionally, an electric vehicle (EV) project proposed in 2022 as a possibility for the Verde Campus has also been scrapped.

Given these outcomes, Verde Valley residents may reasonably question whether local taxpayers should be footing the bill for much, if any, of the $2 million spent on consulting. Or does the responsibility for the lack of development and refusal to follow the recommendations  lie entirely with the controlling west side voting bloc on the District Governing Board?

A CLOAK OF CONCERN WITHOUT EXPLANATION

Is Zoom being used by Yavapai Community College District Governing Chair as a convenient tool to control and cut off unwanted discussion?

OPINION: In a perplexing display of opacity, the chairperson of Yavapai Community College’s District Governing Board, Ms. Deb McCasland, has repeatedly insisted that unspecified “safety concerns” prevent the Community College’s District Governing Board from holding in-person public meetings. (For example, in-person public meeting on the Verde Campus once scheduled for this month.) Yet, despite weeks passing since announcing there were “safety concerns,” she refuses to elaborate on what these concerns entail or provide any evidence to substantiate them.

Meanwhile, the public sees no signs of any credible threat—no incidents, no warnings, and nothing to suggest that an in-person meeting would pose any risk beyond the ordinary. The absence of a clear explanation has only deepened skepticism, raising questions about whether these so-called safety concerns are legitimate.

This refusal to engage in transparency has left many wondering whether the claim of safety is  merely a convenient pretext to control meetings. By relying on Zoom, the chair can dictate the flow of discussion with a click of a button—muting dissent, cutting off Board members she does not favor, and silencing the public at will.

Moreover, instead of promoting open dialogue and accountability, this approach suggests that the Board’s leadership is more focused on controlling the narrative than fulfilling its responsibility to the community it was elected to serve.

YAVAPAI COMMUNITY COLLEGE DISTRICT GOVERNING BOARD CHAIR LIMITS QUESTIONS FROM BOARD MEMBERS TO FINANCE EXPERTS AND OTHER PRESENTERS AT JANUARY 28 SIX-HOUR WORKSHOP TO TWO MINUTES “SO EVERYONE” OF THE FIVE BOARD MEMBERS CAN “PARTICIPATE”

First District Representative Bill Kiel requests further explanation from chair regarding  the time limit but receives no response

At the start of the January 28 all-day workshop,  Yavapai Community College District Governing Board Chair Deb McCasland announced she was holding  an “order” restricting Board members to just two minutes of questioning per presenter. She justified the limit by stating it was necessary “so everyone could participate.” The Board consists of five representatives.

First District Governing Board representative Bill Kiel questioned McCasland about the reasoning behind the extremely short restriction, but she did not respond. He argued that he had spent hours preparing for the meeting and could not understand the sudden “order” limiting his ability to ask experts about their research and various opinions they were providing  the Board.

In the Blog’s view, limiting a Board member’s questioning to two minutes—particularly during an all-day workshop—is unprecedented and excessively brief. This is especially concerning given that members may receive dozens, if not hundreds, of pages of data just three or four days  before a workshop.

Some presentations on January 28 were highly complex, such as the extensive financial briefing delivered by the Vice President of Finance and Administrative Services. From the Blog’s perspective, a two-minute window is  woefully insufficient for meaningful discussion and opportunity with questions in this area, especially when it involves the following: A $126 million dollar budget, Arizona’s complex property tax law, fund accounting used by the College, and related matters.  It is clear that a thorough, clear understanding of these issues,  even for those on the Board who might possess  a strong background in accounting or finance, is challenging.

Moreover, the two-minute rule appeared to be inconsistently applied. For example, after Community College President Dr. Lisa Rhine’s presentation, Representative Kiel exceeded the two-minute limit without interruption. Yet, at other times, he was abruptly cut off by the Chair or the Board’s legal counsel and cautioned that his two-minute time  for questions  was up.

The selective enforcement of this rule raises questions about its purpose and fairness.

It is worth noting that Governing Board members serve without compensation and have limited time before meetings to review extensive data. As a result, some may struggle to fully digest the material, leading to a reluctance—or inability—to ask substantive questions. Instead, they default to praising presentations and presenters, sidestepping serious inquiry, which makes the two-minute rule largely irrelevant to them.

By contrast, Representative Kiel stated that he spent hours reviewing the data and came well prepared. However, the strict time limit prevented him from asking all his relevant questions. Below is a video clip of an early exchange between Chair McCasland and Mr. Kiel regarding the two-minute rule—one of several clashes that unfolded throughout the meeting.

HIGHER EDUCATION LEARNING CONSULTANT WARNS OF ACCREDITATION RISK FOR YAVAPAI COMMUNITY COLLEGE IF GOVERNING BOARD INTERVENES IN HIRING DESPITE LANGUAGE OF STATE STATUTE

Board lawyer says YCC Governing Board years ago delegated all employee hiring (including vice presidents and deans) to President and that delegation was legal — Board may only hire the president

The meaning of Arizona Statute 15-1444 concerning hiring practices at community colleges was a key topic of discussion at the January 14, 2025, Yavapai Community College Governing Board workshop. The statute, cited below, appears to grant the Governing Board authority over hiring decisions.

Despite the language of the statute, the Yavapai Community College Governing Board was advised by its attorney that it had delegated all hiring authority to the college president several years ago. The attorney explained that she had sought clarification on the legality of this delegation from the Arizona Attorney General through a formal letter. While no official opinion was issued, the Attorney General’s response to her inquiry convinced her that the delegation complied with the law. As a result, she concluded that the Board currently has no role in employment decisions beyond hiring the college president.

The remaining question is whether the Governing Board could revoke its previous delegation and assume some involvement in the hiring process.

Ken Burke who hails from Florida, and a consultant from the Association of Community College Trustees, strongly opposed any suggestion of Board involvement in hiring decisions below the level of the college president. He warned the Governing Board:

“As far as accreditation authorities, I can speak with 100% certainty: if trustees got involved in hiring people below the level of president, you would lose your accreditation.”

Burke’s position was echoed by Yavapai College president Dr. Lisa Rhine and Dr. David Borofsky, Executive Director of the Arizona Association of Community College Trustees.

Yavapai Community College (YCC) is accredited by the nonprofit Higher Learning Commission (HLC), a regional accrediting body that evaluates institutional quality and educational programs. Accreditation by the HLC ensures that YCC meets acceptable standards for higher education delivery.

GOVERNING BOARD MEMBERS TOBY PAYNE AND BILL KIEL SWORN IN TO OFFICE BY COUNTY SUPERINTENDENT OF EDUCATION TIM CARTER

Payne completed the unexpired term of Paul Chevalier, will now hold office for six years; Kiel defeated long-time Board representative Ray Sigafoos in November

Toby Payne

Toby Payne and Bill Kiel were sworn in to office on December 18 by outgoing Yavapai County superintendent of schools Tim Carter.  Payne will represent Yavapai Community College District #3 for six years while Kiel will represent District #4 for the same amount of time. 

Payne was first sworn in as the District #3 Board representative for the Yavapai College District Governing Board on March 21, 2023 to fill the unexpired two-year term of Paul Chevalier, who resigned in January 2023. Kiel defeated long-time Governing Board member Ray Sigafoos in the November 2024 election.

Bill Kiel

Toby Payne is a second-generation Arizona native raised in Phoenix who spent twenty-five years in Cave Creek and Carefree. He spent thirty years as an entrepreneur in the audio-visual industry, as the founder of State Sound of Arizona, and also taught for ten years at the International Communications Industries Association Institute for Professional Development. Payne previously served on the Governing Board of the Cave Creek Unified School District and twice served as President of the Board.

He has worked with various non-profits and community groups for many years, including Arizona Town Hall, Kiwanis, site survey for the Mabery Pavilion on the Clarkdale campus of Yavapai College, the Growth Committee of the Clarkdale-Jerome School District, and the Verde Valley Amateur Radio Association.

Bill Kiel is a licensed Civil Engineer with 40 years of professional experience. He has a Bachelor of Science and a Master of Science degree in Civil Engineering. He has managed major construction projects ranging in cost between $4,000,000 – $90,000,000.

He has over three decades of service on non-profit Boards. He currently serves on the Highland Pines Water District Board and is enrolled in the Gunsmithing Program at Yavapai College. Kiel has pledged to improve transparency with a goal of increasing  public access to information both at the Board and administration levels.

SEDONA RED ROCK NEWS HIGHLIGHTS FREE SPEECH CONCERNS OVER YAVAPAI COLLEGE GOVERNING BOARD POLICY

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/