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 Tim.carter@yavapaiaz.gov, 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 Tim.carter@yavapaiaz.gov 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. 

Volleyball roster lists only one local player out of 17, with others hailing from Serbia, Brazil, and beyond. Men’s soccer and baseball teams also appear to fall short of the minimum local recruitment goals

During his resignation speech at the November meeting of the Yavapai Community College District Governing Board, outgoing Board member Chris Kuknyo made the following statement:

“When our sports teams had next to no local athletes, we said at minimum 25% had to be local, and now that’s so.”

A quick review of a handful of current athletic rosters suggests this claim is inaccurate.

For example, the Yavapai College volleyball team lists 17 players, but only one is from Yavapai County (6%). To meet the 25% target, at least five players would need to hail from the county. Instead, the team includes five international players, hailing from Serbia, Brazil, Montenegro, Bosnia & Herzegovina, and Poland.

Similarly, the 2024 baseball roster comprises 38 players, with only four (10%) from Yavapai County—far short of the 25% benchmark.

The 2024 men’s soccer team includes 26 players, of whom only three (11%) are from Yavapai County. To meet the stated goal, the team would need at least seven local players. Like the volleyball team, the soccer roster features a strong international presence, with players from Colombia, Australia, Canada, Spain, the Cayman Islands, and Mexico.

These figures indicate that Yavapai Community College athletics has not yet achieved the 25% local athlete goal cited by Kuknyo in his remarks.

You may hear Mr. Kuknyo’s statement taken from his remarks at the Board meeting  below:

Jack Dilenberg, who had announced he was a candidate for the seat,  withdrew from consideration because of illness and only Mr. Payne completed the candidate paperwork process for fling in this District by the July 8, 2024 deadline

Mr. Toby Payne

It appears that Clarkdale’s Mr. Toby Payne, the current occupant of the District #3 seat on the Yavapai Community College District Governing Board, will continue to represent the District for six more years. This is because Mr. Payne is unopposed for the seat, having been the only candidate to complete the necessary paperwork for the District election. The deadline of July 8, 2024, has passed without any other candidate filing.

Note that the deadline to file as a write in candidate for any election that may be cancelled is July 22, however, it is not expected that anyone will file as a write in candidate for this seat.

Mr. Jack Dilenberg from Jerome had originally announced his candidacy for the seat but withdrew due to ill health.

Mr. Payne was sworn in as the District #3 Board representative on March 21, 2023, by outgoing Yavapai County School Superintendent Mr. Tim Carter. He was filling the unexpired two-year term of Mr. Paul Chevalier, who resigned in January 2023.

District 3 consists of Big Park, Bridgeport 1 and 2, Clarkdale, Clemenceau, Coffee Pot, Cottonwood, Fir, Jacks Canyon, Jerome 1 and 2, Mingus, Orchard, Quail Springs, Red Rock 1 and 2, Red Rock East, Red Rock West, Verde Village, Western, and Wild Horse.

 Mr. Payne’s term will run through 2030.

Will hold at least two meetings on Verde Valley Campus and all remaining meetings will be held in the Rock House on the Prescott Campus

The Yavapai Community College District Governing Board has voted on a new policy stipulating that it will hold a minimum of two meetings at the Verde Valley Campus and the remaining meetings at the Rock House on the Prescott Campus. The new policy, which was deliberated upon in January and ratified during the March session, signifies that it will no longer consider Sedona, Chino Valley, or Prescott Valley as venues for its meetings.

The rationale behind centralizing meetings at the Prescott Campus appears to be twofold: (1) It is deemed too costly for Prescott staff to travel to multiple locations, involving setup time and staff being away from the Prescott Campus. (2) Attendance at meetings has been notably low, with the last two sessions witnessing no members of the public present during the call to to the public portion of the meeting. 

Although no notice was given on the agenda (or elsewhere), that the February 20 meeting was going to be live-streamed, it was. Moreover, it was  re-posted to YouTube a day later for those who didn’t know about the change. Finally, a copy of the February 13 workshop meeting was posted on the District Governing Board website. Thanks to Ray Sigafoos and the Board for standing up for transparency in government!

Yavapai Community College began live-streaming District Governing Board meetings on the College’s YouTube channel on February 20. This decision was made without any prior notice in the posted February 20 agenda or elsewhere to the public. The positive aspect is that, along with live-streaming, the meeting was posted on YouTube on February 21 for those interested in viewing it.

Moreover, the video of the February 13, 2024 Workshop was made available on the District Governing Board website on February 21, allowing Yavapai County residents access to both meetings—one on YouTube, the other on the District Governing Board website.

Recall the decade-long practice of regularly posting videos of District Governing Board meetings was strongly opposed by Community College President Dr. Lisa Rhine. The withholding of regularly posting videos of Board meetings occurred, apparently at her direction, suddenly with the January 2024 meeting. This abrupt decision to block transparency of the Governing Board discussions, which had been followed for a decade or more, triggered major concern among County residents.

Credit is due to District Governing Board member Ray Sigafoos for raising this matter and persuading the Board to vote in favor of making the videos accessible to the public they serve. Kudos to Mr. Sigafoos, who is sometimes considered by some as a kind of grumpy old . . .  (fellow).

Additionally, gratitude is owed to all citizens who voiced their opinions to the College regarding College President Dr. Lisa Rhine’s stance that videos of Governing Board meetings should not be easily accessible to County residents. After all, it is these citizens who contribute over 75% of the unrestricted revenue via property taxes to operate the Community College. Thank you for your concern!

Erosion of openness and accountability is a dangerous precedent for a public (tax supported $100 million dollar) educational institution

Editor: Robert Oliphant

OPINION. The phrase “democracy dies in darkness” is a powerful reminder of the vital role transparency plays in maintaining a healthy democratic system. In the context of the Yavapai Community College’s District Governing Board, this saying takes on a particularly poignant meaning. By shrouding their actions in secrecy and limiting public access to information, the Board is not just deviating from its previous commitment to transparency but is also demonstrating a troubling disregard for the principles of democracy.

Democracy thrives on informed citizenry, where decisions are made in the light of public scrutiny and with the involvement of those affected by these decisions. When a governing body like the Yavapai Community College’s District Governing Board starts to limit access to information, such as meeting minutes or video recordings, it impedes the community’s ability to stay informed and hold their leaders accountable. This lack of transparency can lead to a lack of trust in the institution, as residents may start to suspect that decisions are being made without their best interests in mind or in a manner that is not reflective of their collective will.

Furthermore, the Board’s actions could be seen as setting a dangerous precedent. If a public educational institution, which ideally should stand as a beacon of knowledge and enlightenment, starts to operate as an autocracy, it encourages similar practices in other public bodies. This erosion of openness and accountability can have a cascading effect, weakening the very foundations of democratic governance.

In Yavapai County, where the residents rely on their elected officials and public institutions to act in their best interest, the Board’s shift away from transparency is particularly alarming. It not only affects the immediate functioning of the College but also reflects on the broader health of democratic practices in the region. The residents of Yavapai County are thus being shown, perhaps unwillingly, the truth of the statement that “democracy dies in darkness,” as they witness the diminishing transparency of Yavapai Community College. This situation serves as a stark reminder of the constant vigilance required to safeguard democratic values and processes against the encroaching shadows of secrecy and unaccountability.

After decades, Board puts an end to the enlightened view that Board activities should be fully transparent to the County taxpayers

After decades of openness, the Yavapai Community College District Governing Board has made a sudden shift in its approach to transparency. The Board now requires anyone seeking draft minutes of a meeting to follow the formal process outlined by Arizona’s Public Records Act. This marks a significant departure from the Board’s decades-long policy of readily providing such information by promptly posting it on its website. Furthermore, the Board has discontinued the practice of making videotapes of meetings available within three business days, if ever. This change appears to stem from concerns that the videotapes were fostering excessive accountability and transparency, elements the Board now is eager to avoid.

This retreat from openness may be driven by fears over what residents of Yavapai County might discover about the Board’s actions. For instance, during the January 16, 2024, meeting, there was allegedly an incident involving some Board members making remarks about a Prescott woman, which triggered a kerfuffle of sorts with the Board attorney over the remarks.

The College has informed the Blog that it will not post a draft of the minutes from the January 16th Governing Board meeting without a formal Public Records request. This move seems designed to make accessing the draft minutes as difficult and obscure as possible. Moreover, the College is also neglecting the Blog’s request for an unedited copy of the video recording of the January 16 meeting, despite a formal public records request being made for it.

Below is the letter from the College telling the Blog it must make a formal statutory request using the College’s form if it wants to see a draft of the minutes (while ignoring the request for the videotape made by the Blog).