Response - Southwestern Community College District

Not all Board members take the time to review and comprehend all supporting documentation provided on agenda items and these members' vote is sometimes merely a rubber stamp of staff

</b> A limit of three four-year terms for Trustees of the Local Community Colleges would be consistent with limits for State legislators, would provide continuity of leadership and also allow newly elected members to acquire the knowledge the position requires. Response 2: The Board Disagrees. The Board disagrees with the factual assertion that a limit of three four-year terms for Trustees would be consistent with limits for State Legislatures. The California Government Code states that "[t]he term of office of a Senator is four years. The term of office of a Member of the Assembly is two years." (Gov. Code, §9001.) Furthermore, the California Constitution provides limits on the numbers of terms that Senators and Members of the Assembly may serve. Specifically, Senators may serve a maximum of 2 terms (8 years), while Members of the Assembly are entitled to serve up to 3 terms (6 years). (Cal. Const., art. IV, §2, subd. (a), par. (1) - (2).) Accordingly, the finding that all California lawmakers maintain a limit of three four-year terms is not factually correct. [emphasis added] Nevertheless, the Board disagrees that term limits are necessary. First, there is no empirical data indicating that term limits result in better run community colleges. Second, Southwestern College has a history of incumbent trustees being voted out of office by the will of the voters, thus negating the necessity of term limits. (Attached hereto as Exhibit A is a chart of Board membership make-up since 2000)

The imposition of limits on campaign contributions or restrictions on who may contribute to candidates for Trustee would reduce the perception that elections could be influenced by firms doing business with the District. Response 3: The Board Disagrees. First, here again, the Board disagrees with the premise that the public perceives elections to be influenced by firms doing business with the District. Public disclosure requirements for Trustee candidates currently require disclosure and transparency from which the public can ascertain the source of contributions to candidates. No community college district in San Diego County currently has a campaign contribution limit in place. In fact, the one district that maintained a campaign contribution limit, the San Diego Community College district, voted to repeal its $3,500 limit in September of 2007 after finding that challenger candidates were disadvantaged by the contribution limit.1 <b>

</b> Student Trustees play a valuable role in bringing student concerns to the attention of their governing boards. Response 4: The Board Agrees. It goes without saying that only a student can truly express the concerns of the student body to the Administration. Accordingly, the Board encourages the Student Trustee to present to the Board any and all concerns of students at Southwestern College and to fully engage in discussions on all such concerns. The insight offered by the Student Trustee is of extreme value to the Board and Superintendent.

There is no local entity to enforce the existing codes of ethics and to apply penalties for violations. Response 5: The Board Disagrees. Southwestern College maintains its own Code of Ethics that was adopted before the issuance of the Grand Jury Report. The Code of Ethics demands that "[t]he governing Board maintains high standards of ethical conduct for its members." Moreover, the Code of Ethics requires that all trustees undertake a list of responsibilities. (Attached hereto as Exhibit B) In addition to local ethical regulations, certain state-wide policies ensure that California community colleges' governing boards comply with standards of ethics. First, Southwestern College trustees follow the guidance of the various regulations of the Community College League of California.² Second, the leadership must abide by standards set forth in Standard IV of the Accrediting commission for Community and Junior Colleges ("ACCJC")³

Board of Trustees members and upper level administrators within the local community college districts are ill prepared to fill out annual financial disclosure statements. Some staff members did not know that real property in the district, other than personal residence, must be listed on the Form 700. (College District Repeals Limit on Campaign Contributions, The San Diego Union-Tribune (September 4, 2007) available at: http://www.signonsandiego.com/uniontrib/20070904/news 1m4comcol.html.) ² (Publications, Community College League of California, available at: http://www.ccleague.org/i4a/pages/index.cfm?pageid=3285.) ³ (ACCJC Standards and Policies, Accrediting Commission for Community and Junior Colleges, Western Association of Schools and Colleges, available at: http://www.accjc.org/standards.htm.) The Board Disagrees. Fair Political Practice Commission Response 6: ("FPPC") Form 700 required of Board of Trustee Members and Upper Level Administrators includes instructions on proper completion. In addition, the FPPC is readily available to answer any questions that may arise in completing Form 700 telephonically at a Toll-Free advice line (1 (866) ASK-FPPC). Also, the FPPC provides a Statement of Economic Interests Reference Pamphlet at its web site (www.fppc.ca.gov). (Attached hereto as Exhibit C and D, respectively) All Board Members and Upper Level Administrators are aware that real property in the district, other than a personal residence, must also be listed on Form 700. <b>

</b> There is no local entity to monitor randomly the Forms 700 for community college personnel, to respond to complaints or non-disclosure and to refer violators to the Fair Political Practices Commission. Response 7: The Board Disagrees. The FPPC's Enforcement Division is the agency primarily responsible for ensuring timely and proper filing of Form 700. Persons who fail to timely file and/or file false Form 700 may also be referred to the California State Attorney General or the San Diego County District Attorney for investigation and possible prosecution. In addition, Southwestern College has an Agency Official to coordinate the distribution and monitoring of all Form 700 issues. Form 700 is a publicly available document maintained by the County of San Diego Clerk of the Board of Supervisors. As such, any member of the public may review any Form 700 and make a referral to the FPPC or law enforcement if appropriate.

A local Educational Ethics Committee is needed to establish and enforce a uniform code of ethics for officials of the five local community colleges, as well as to monitor compliance with the Brown Act. Response 8: The Board Disagrees. Each Community College in San Diego County is unique in its organizational structure and operation, and, as such, a "one size fits all" approach to establishing a local Ethics Committee for all five college districts is not appropriate. As stated previously in this response, Southwestern College officials comply with the Code of Ethics adopted on March 12, 2008. The Code of Ethics provides that all remedies available under California law may be pursued for a violation of the Code of Ethics. With regard to monitoring any violation of the Brown Act, here again, a separate Educational Ethics Committee is not needed because the District Attorney is authorized to investigate and prosecute all such violations.

Items that are placed in the lost and found are not properly inventoried in all districts. Board policies do not provide for proper disposition for items that are not claimed by the owner. Response 9: The Board Disagrees. The District follows Board Policy #4031. Items placed in lost and found are turned in to the Campus Police Department where they are logged and tagged. Campus Police will then attempt to identify and contact the owners of the items. Items not returnable to the owners are held for a minimum of forty-five (45) days. If no one claims the lost items, they are sent to the Purchasing and Material Control Manager who holds the items to be later disposed of/sold at the District Surplus Sale. In some cases, when the items appear to be of use to the District, the items are sent to the appropriate department. Books are returned to the bookstore in exchange for credit to be applied to the District General Fund. Items determined to be of no value are discarded. <b>

</b> In some districts, college vehicles and other assets that are no longer needed are not always made available for public auction. Sole source bidding or directed sales to college staff is inappropriate. Response 10: The Board Disagrees. Southwestern College complies with Education Code Section 81450. Surplus Sales are held as needed and merchandise is sold and disposed of during this sale. Prior to going on sale, items are listed and sent to the Board for approval. Money generated from the Surplus Sale is deposited into the General Fund. Items that are not sold during the sale are subsequently sold and/or destroyed and disposed of. Moreover, due to Hazardous Waste and Electronic Waste regulations, the District finds it more cost effective to dispose of computers, monitors, and other electronic devices through an Electronic Recycling Program rather than the Surplus Sale. This electronic waste appears as part of the District's State Recycling Report.

At some colleges attorneys are being paid for services that do not require legal expertise such as acting as parliamentarian at open sessions of governing board meetings and attending interviews of prospective candidates for cabinet level positions. Response 11: The Board Disagrees. Southwestern College attorneys provide valuable advice and counsel to the Board of Trustees and College Administrators on a wide variety of issues dealing with the operation of the college. In attending Board meetings and Cabinet Level interviews, attorneys have been able to immediately answer Trustees' and Administrators' questions on a variety issues that have or could have legal ramifications for the college. Providing immediate answers to questions benefits the college by permitting the Board and Administrators to take action in an expeditious manner.

A cost/benefit analysis of an employed legal staff for basic legal services versus a wholly contracted legal counsel would be a useful tool in identifying and controlling a district's legal expenditures. Response 12: The Board Disagrees. Although the Board is keenly aware of the necessity of containing legal costs to the fullest extent possible, it does not believe that a cost /benefit analysis would be helpful in that regard. Legal services cannot be easily quantified like other services or products, where a cost/benefit analysis may be beneficial. There is no such thing as "basic" legal services. Each and every legal matter is unique and requires a specific individualized response and course of action. The District will continue to employ legal staff with expertise in the areas of the law most encountered in the operation of the college.

At least one district has sworn peace officers who do not meet California Peace Officer Standards and Training (POST) requirements. Response 13: The Board Disagrees. Southwestern College's Police Department personnel meet California Peace Officer Standards and Training ("POST") requirements. Moreover, POST audits the District on an annual basis to ensure compliance. Southwestern College Responses to Grand Jury