Palomar College*

Education Code section 7052 provides: "Except as otherwise provided in this article or as necessary to meet requirements of federal law as it pertains to a particular employer or employees, no restriction shall be placed on the political activities of any officer or employee of a local agency." Education Code section 7055 empowers the Governing Board to establish rules and regulations, but limits those rules and regulations to political activities during working hours and political activities on the premises of the local agency. 08-94: "Adopt a governing board policy that would limit the total amount of campaign contributions a candidate or trustee could receive to a reasonable amount to be determined by the governing board." This recommendation will not be implemented for the same reasons as set forth in response to recommendation 08-93. 08-95: "Adopt a governing board policy that would set standards for staff members from soliciting campaign contributions. The policy should include a provision prohibiting staff members from soliciting campaign contributions for governing board candidates from contractors and other firms doing business with the district." This recommendation will not be implemented because it appears to call for action which is contrary to expressed statutory limitations contained in California Education Code section 7050, et seq. and in particular, section 7052. 08-96: "Adopt a governing board policy that provides disclosure standards for Trustees. The Policy should include a requirement that a Trustee disclose the fact that a bidder on a contract donated to his or her campaign." This recommendation will not be implemented in that it is not warranted or reasonable in light of the existing laws, rules and regulations relating to disclosure of campaign contributions providing adequate information to interested members of the public about the source of campaign contributions. Moreover, the District has already adopted a disclosure policy consistent with the Political Reform Act of 1974. 08-97: "Adopt a governing board policy that would set standards for buyouts of administrative contracts. The policy should include a provision limiting administrative contract buyouts to an amount specified in the contracts. No salary or benefit should exceed the 18- month period specified in the State Education Code. No damages or special payout should be granted." 022/024719-0001 The recommendation will not be implemented as presented because it is not warranted or reasonable. Pursuant to Government Code section 53260 (the recommendation erroneously references the Education Code), provisions related to limitation of compensation for contract terminations are already made a part of executive contracts in the District. Contracts are formally adopted by the Board and therefore an additional policy beyond the contract appears to be superfluous. The District also recognizes the fact that administrative employees have various legal rights which may at some point entitle them to damages, i.e., workers' compensation, fair employment practices, whistle-blowing statutes, etc. It would therefore be imprudent to tie the hands of a future Governing Board or legal counsel representing the District in dealing with claims which may arise based on currently unforeseeable circumstances. 08-98: "Endorse a policy to expand the public governing board meeting agendas according to the spirit of the Brown Act. For items concerning the awards of contracts, approving bids and hiring consultants, the agenda should include amounts of bid and award, scope of award, time period, name and address of contract, and any college contact." The recommendation will not be implemented because it is not warranted or reasonable. It is unclear what the recommendation believes to be the spirit of the Brown Act; the Brown Act itself specifically states that agenda items should be "brief" "generally need not exceed 20 words." As a general practice, the District does provide specific information on the agenda with respect to scope of work and costs when awarding contracts. The District works continuously in response to input from its constituencies to make the board agenda and exhibits transparent to the public. Moreover, the contracts themselves are available to the public for review both prior to and after board action. 08-99: "Adopt a District policy that the campus police chief reports directly to the chancellor or president/superintendent or an appropriate vice chancellor or vice president." The recommendation will not be implemented because it is not warranted or reasonable. The superintendent/president is responsible for assigning and delegating duties and responsibilities within the District. The matter of District organizational structure is operational in nature, and a board policy limiting that responsibility is neither warranted nor within the policy role of the Board. The District does note, however, that the campus police chief, by direction of the superintendent/president, does now and for an extended period of time has reported to an assistant superintendent/vice president. 08-100: "Review the qualifications of all sworn campus police officers for compliance with the requirements of the California Commission on Peace Officers Standards and Training (POST)." The recommendation for Palomar Community College District is not warranted in that the District has conducted such a review and will continue to conduct such a review on an annual basis. Moreover, the District is regularly audited by the California Commission on Police Officer Standards and Training (POST). Furthermore, District hiring policies mandate POST certification for all sworn police officers as a condition of employment. 022/024719-0001 08-101: "Adopt a governing board policy for all real property purchases that specifies the data to be listed on the public agenda when the purchase is voted on. The data should include the current assessed valuation and information on amounts of all sales in the last two years for comparison with the amount of a current purchase price." The recommendation will not be implemented because it is not warranted or reasonable. The acquisition of real property requires board action. Board action can only occur at a public meeting with the notices and agenda descriptions as required by the Brown Act. The Brown Act itself specifically recognizes that during the course of negotiating for real property, the Board may meet in closed session with its negotiator based on the disclosure of specific information as required therein. See Government Code section 54956.8. Any final purchase agreement is approved by the Board in open session. Documentation with respect to that purchase including the purchase price is a matter of public record. Any interested member of the public may also access from the records of the County Assessor's Office information as it relates to the assessed valuation. Comparable sales are now also widely available through the internet. 08-102: "Undertake a cost/benefit analysis on the feasibility of employing a counsel for the District as opposed to contracting for all legal services." The use of legal counsel is a matter of District operations and not of Board policy. As an ongoing business practice the recommendation has been implemented on an informal basis by staff. District staff continually reviews the cost of contracted legal services for the District. The costs are believed to be substantially less than the cost of an in-house legal counsel when the necessary administrative, clerical and informational support systems are considered. Contracting for outside legal services enables the District to utilize various attorneys with specific expertise as opposed to having in-house counsel who often has to consult with outside counsel. Also, by contracting for legal services, the District does not incur the various administrative costs associated with staffing a legal office, such as secretarial support and research and library support. With respect to specific litigation matters, the District relies on its liability carrier with respect to the selection and compensation of legal counsel. 08-103: "Direct District human resources officers to adopt procedures to avoid the appearance of nepotism and inappropriate supervisory relationships in the hiring process. The procedures should include the identification and screening of applicants who are close friends and relatives of elected Governing Board Members and staff." The recommendation will not be implemented because it is not warranted or reasonable. The filling of the vacant positions within the District is governed by sections 53021, 53022 and 53024 of Title 5 of the California Code of Regulations. Those regulations require an extensive recruitment often on a statewide basis as well as a documented selection process, which the District has had in place for a number of years. In addition, the process for hiring faculty is an academic and professional matter for which, under Title 5, the District accepts the recommendations and guidance of the faculty. Moreover, the hiring of immediate members of a governing board member's family is prohibited by Government Code section 1090. The District does have a nepotism policy in place and monitors compliance with the policy. 022/024719-0001 08-104: Adopt Governing Board Policies regarding the disposition of surplus property. Said Policies should include a requirement that any college surplus property donated to nonprofit organizations or sold by means of public auctions and prohibit purchase by college staff/employees or relatives. The recommendation will not be implemented because it is not warranted in that the District already has in place a policy which meets the requirements of Education Code section 81450. CONCLUSION Extensive legislation and regulation currently exists with respect to the governance of Community College Districts. Moreover, the District's Governing Board has itself established comprehensive policies and regulations in connection with the further implementation of those laws and regulations. The diversion of critical funding to additional regulation is contrary to the community college primary educational functions. The District's Governing Board is committed to continuing its ongoing process of regular review of local policies and procedures to ensure that they adequately fulfill the Board's stewardship and responsibilities to the electorate. . 022/024719-0001 Palomar Community College District Policy CCLC No. 2715 1 GOVERNING BOARD BP 2715 CODE OF ETHICS/STANDARDS OF PRACTICE 2 3 References: Accreditation Standards IV.B.1.a, e, and h 4 5 As a member of the Palomar Community College District Governing Board, I will perform my duties in accordance with my oath of office. I am committed to serving the 6 educational needs of the citizens of the District. My primary responsibility is to provide 7 8 learning opportunities to each student regardless of ethnic group identification, national 9 origin, religion, age, sex, race, color, ancestry, sexual orientation, or physical or mental disability. It is my further responsibility to: 11 12 1. Devote time, thought, and study to my duties as a Palomar College Board member so that I may render effective and creditable service. 13 2. Work with my fellow Board members in a spirit of harmony and cooperation in 14 spite of differences of opinion that may arise during vigorous debates of points 15 at issue. Base my decisions upon all available facts in each situation, vote my honest 17 3. conviction in every case unswayed by partisan bias, and abide by and uphold 18 the final majority decision of the Board. 19 20 Remember at all times that as an individual I have no legal authority outside the 4. meetings of the Board and conduct my relationships with District staff, students, 21 22 the local citizenry, and the media on that basis. Be aware that I am responsible to all citizens of the District and not solely to 5. 24 those who elected me. The authority delegated to me by the voters must be 25 exercised with as much care and concern for the least influential as for the most influential member of the community. 26 27 6. Resist every temptation and outside pressure to use my position as a 28 community college board member to benefit either myself or any other 29 individual or agency apart from the total welfare of the Palomar Community 30 College District.