OCCC Board Policies
Chapter Two: Board of Education
Approved by the Board of Education: 04/16/2014
Legal References: Federal Title IX, the Violence Against Women Act, Clery Act
This OCCC Title IX policy creates and maintains a work and learning environment free from all forms of discrimination based on sex, gender, gender expression and actual or perceived gender identity or sexual orientation, gender identity and sex-based discrimination. This policy defines community expectations and establishes a mechanism for determining when those expectations have been violated. The College strives to create an environment that is safe for all. In consideration of our Intergovernmental Agreement and accrediting relationship with Portland Community College, the OCCC Board approves the adoption of the Portland Community College Gender-Based and Sexual Misconduct Policy [pdf] in order to comply with Federal Title IX, the Violence Against Women Act and Clery Act requirements and further directs the President or delegate(s) to develop a customized version of the policy specific to Oregon Coast Community College and ensure wide dissemination and education regarding the policy.
The Board of Education shall be composed of seven members who serve terms of 4 years. A person shall be qualified to be a candidate for election to the board if the person is an elector who resides in the district. If the district is zoned and the position sought is one elected or nominated by zone, the person also must reside in the zone from which the person is nominated. A board member must qualify for office by taking an oath of office. No person who is an employee of the community college district shall be eligible to serve as a member of the board for the district by which the employee is employed.
Adopted by Board of Education: 12/12/2018
The term of office of each Board of Education member shall be 4 years, commencing on July 1 following the election. The term of a Board of Education member expires June 30 following the regular district election at which a successor is elected. Elections shall be held every 2 years, in odd numbered years. Terms of Board of Education members are staggered so that, as nearly as practical, one-half of the Board of Education members shall be elected at each Board of Education member election.
Adopted by Board of Education: 12/12/2018
The Board of Education shall declare the office of a board member vacant if it finds any of the following:
- The incumbent has died or resigned.
- The incumbent has been removed or recalled from office or the election of the incumbent thereto has been declared void by the judgment of a court.
- The incumbent has ceased to be a resident of the district and the zone from which the incumbent was appointed or elected.
- The incumbent has ceased to discharge the duties of office for two consecutive months unless prevented therefrom by sickness or other unavoidable cause or unless excused by the chairperson of the Board of Education.
When a vacancy is declared the remaining Board of Education members shall meet and appoint a person to fill the vacancy from any of the electors of the electors of the zone from which the vacancy occurs.
The period of service of a Board of Education member appointed to a vacant position commences upon appointment and expires June 30 next following the next regular district election during which a successor is appointed. A successor shall be elected to serve the remainder, if any, of the term for which the appointment was made. If the term for which the appointment was made expires June 30 after the election of the successor, the successor shall be appointed to a full term. In either case, the successor shall take office on July 1.
The President shall establish administrative procedures to solicit applications that assure ample publicity to and information for prospective candidates. The Board of Education will determine the schedule and appointment process, which may include interviews at a public meeting.
Adopted by Board of Education: January 16, 2019
The Board of Education governs on behalf of the citizens of the College District in accordance with the authority granted to it by state law. The Board of Education is committed to fulfilling its responsibilities to:
- Represent the public interest;
- Establish policies that define the institutional mission and set prudent, ethical, and legal standards for college operations;
- Hire and evaluate the President;
- Delegate power and authority to the chief executive to effectively lead the College;
- Assure fiscal health and stability;
- Monitor institutional performance and educational quality; and
- Advocate and protect the College.
If a Board member receives concerns or complaints from community members, faculty, staff and administrators (excluding the President) pertaining to College they will respond to the complaint as follows:
a. The Board member should ask the person if they have discussed the problem with the president. If they have not, suggest that they do so.
b. It shall be incumbent upon the President to address all such concerns in an appropriate manner and to inform the Board should the issue merit its attention.
The Oregon Coast Community College Board of Education shall be responsible for the general supervision and control of any and all community college campuses operated by the College. Consistent with any applicable rules of the Higher Education Coordinating Commission and the Northwest Commission on Colleges and Universities, the local Board may:
- Employ administrative officers, professional personnel and other employees, define their duties, terms and conditions of employment and prescribe compensation therefore;
- Enact rules for the governance of the College, including professional personnel and other employees and students therein;
- Prescribe the educational program;
- Control use of and access to the grounds, buildings, books, equipment and other property of the College;
- Acquire, receive, hold, control, convey, sell, manage, operate, lease, lease-purchase, lend, invest, improve and develop any and all property of whatever nature given to or appropriated for the use, support or benefit of any activity under the control of the Board, according to the terms and conditions of such gift or appropriation;
- Purchase real property upon a contractual basis when the period of time allowed for payment under the contract does not exceed 30 years;
- Fix standards of admission, prescribe and collect tuition for admission to the College, including fixing different tuition rates for students who reside in the district, students who do not reside in the district, but are residents of the state, and students who do not reside in the state;
- Prescribe and collect fees and expend funds raised for special programs and services for the students and for programs for the cultural and physical development of the students;
- Provide and disseminate to the public, information relating to the mission, program, operation and finances of the College;
- Establish or contract for advisory and consultant services;
- Take, hold and dispose of mortgages on real and personal property acquired by way of gift or arising out of transactions entered into in accordance with the powers, duties and authority of the Board and institute, maintain and participate in suits and actions and other judicial proceedings in the name of the College for the foreclosure of such mortgages;
- Maintain programs, services and facilities, and, in connection therewith, cooperate and enter into agreements with any person or public or private agency;
- Provide student services including health, guidance, counseling and placement services and contract for such services;
- Join appropriate associations and pay any required dues from resources of the College;
- Apply for federal funds and accept and enter into any contracts or agreements for the receipt of such funds from the federal government or its agencies for educational purposes;
- Exercise any other power, duty or responsibility necessary to carry out the functions under this section or required by law;
- Prescribe rules for the use and access to public records of the College that are consistent with ORS 192.420, and education records of students under applicable state and federal law and rules of the Higher Education Coordinating Commission.
- Enter into contracts for the receipt of cash or property, or both, and establish annuities pursuant to Oregon Revised Statutes, and, commit, appropriate, authorize and budget for the payment of or other disposition of general funds to pay, in whole or in part, sums due under an annuity agreement, and to provide the necessary funding for reserves or other trust funds pursuant to Oregon Revised Statutes;
- Encourage gifts to the College by faithfully devoting the proceeds of such gifts to the purposes for which intended;
- Build, furnish, equip, repair, lease, purchase and raze facilities; and locate, buy and acquire lands for all College purposes.
- Participate in an educational consortium with public and private institutions that offer upper division and graduate instruction. Community colleges engaged in such consortiums may expend money, provide facilities and assign staff to assist those institutions offering upper division and graduate instruction;
- Enter into contracts of insurance or medical service contracts or may operate a self-insurance program as provided in ORS 341.312.
Adopted by Board of Education: 12/12/2018
- Preside over all meetings of the Board of Education;
- Call emergency and special meetings of the Board of Education as required by law;
- Consult with the President on Board of Education meeting agendas;
- Communicate with individual Board of Education members about their responsibilities;
- Participate in the orientation process for new Board of Education members;
- Assure Board of Education compliance with policies on Board of Education member education, self-evaluation, and evaluation of the President;
- Represent the Board of Education at official events or ensure Board of Education representation.
The duties of the Vice-Chair of the Board of Education are:
- To preside over Board meetings in the absence of the chair;
- To fulfill the duties of the Chair as needed.
The President shall continuously serve as Clerk to the Board of Education.
- Shall ensure notification of members of the Board of Education of regular, special, emergency, and adjourned meetings;
- Attend all Board of Education meetings and closed sessions, unless excused, and in such cases to assign a designee;
- Certify as legally required all Board of Education actions;
- Sign, when authorized by law or by Board of Education action, any documents that would otherwise require the signature of the Secretary of the Board of Education.
- Conduct the official correspondence of the Board of Education;
The Executive Assistant to the President shall also continuously serve as the Assistant to the Board. In the event the Executive Assistant to the President is not available, the President will designate another College staff member to fill this role. The duties of the Assistant are:
- Prepare and post Board of Education meeting agendas, minutes and supporting materials;
- Receive communications on behalf of the Board;
- Have prepared for adoption minutes of Board of Education meetings;
Adopted by Board of Education: 01/16/19
The annual organizational meeting of the Board of Education will be held by July 31 each year. In years following a district election Oregon law requires that the annual organization meeting to be held in July. The purpose of the annual organizational meeting is to elect a Chair and Vice-Chair and conduct any other business as required by law or determined by the Board of Education.
Adopted by Board of Education: 01/16/19
- To consider the employment of a public officer, employee, staff member or individual agent.
- To consider the dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent who does not request an open hearing.
- To conduct deliberations with persons designated by the governing body to carry on labor negotiations.
- To conduct deliberations with persons designated by the governing body to negotiate real property transactions.
- To consider information or records that are exempt by law from public inspection.
- To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed.
- To review and evaluate the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member who does not request an open hearing.
Matters discussed in executive session remain confidential and may not be discussed outside of the closed session. No final actions may be taken in executive session. If any person requests an opportunity to present complaints to the Board of Education about a specific employee, such complaints shall first be presented to the President. Notice shall be given to the employee against whom the charges or complaints are directed. If the complaint is not resolved at the administrative level, the matter shall be scheduled for a closed session of the Board of Education as permitted under Oregon law. Adopted by Board of Education: 01/16/19
- The Chair of the Board of Education may rule members of the public out of order if their remarks do not pertain to matters that are within the subject matter jurisdiction of the Board of Education or if their remarks are unduly repetitive.
- Non-scheduled substitutes may not speak in place of scheduled speakers unless alternates have been submitted on the original request.
- Speakers shall complete a written request to address the Board of Education at the beginning of the meeting at which they wish to speak.
- The request shall include the person’s name and name of the organization or group represented, if any, and a statement noting the agenda item or topic to be addressed.
- No member of the public may speak without being recognized by the Chair of the Board of Education.
- Each speaker will be allowed a maximum of five minutes per topic. The Board Chair may establish at the meeting a maximum time allotment for public speakers on any one subject regardless of the number of speakers at any one Board of Education meeting. At the discretion of a majority of the Board of Education these time limits may be extended.
- Each speaker coming before the Board of Education is limited to one presentation per specific agenda item before the Board of Education, and to one presentation per meeting on non-agenda matters.
Adopted by Board of Education: 01/16/19
The President is the Chief Executive Officer of Oregon Coast Community College and is responsible to the Board for the proper administration of the college. The Board of Education delegates to the College President the executive responsibility for administering the policies adopted by the Board of Education and executing all decisions of the Board of Education requiring administrative action.
The Board recognizes that the most important and most sensitive relationship to be maintained by the Board is the one it achieves with the President. Mutual trust and respect are mandatory to maintain an atmosphere in which cooperative leadership can be developed. The President will be responsible for the professional leadership and skill necessary to translate the will of the Board into administrative action.
The Board expects that the President is professionally able and possesses outstanding qualities of leadership, vision and administrative skill, and that the President will implement all policies of the Board in good faith. The President can expect that the Board will respect his/her professional competence and extend to him/her full responsibility for implementation of Board policy decisions.
The President will be responsible for all aspects of College operation and for the duties and powers pertaining thereto as the Board may direct or delegate and will develop such procedures and regulations as he/she considers necessary to ensure efficient operation of the College.
The College President may delegate any powers and duties entrusted to him/her by the Board of Education including the administration of colleges and centers but will be specifically responsible to the Board of Education for the execution of such delegated powers and duties.
The College President is empowered to reasonably interpret Board of Education policy. In situations where there is no Board of Education policy direction, the College President shall have the power to act, but such decisions shall be subject to review by the Board of Education. It is the duty of the College President to inform the Board of Education of such action and to recommend written Board of Education policy if one is required.
The College President is expected to perform the duties contained in the College President job description and fulfill other responsibilities as may be determined in annual goal-setting or evaluation sessions. The job description and goals and objectives for performance shall be developed by the Board of Education in consultation with the College President.
The College President shall ensure that the College complies with all relevant laws and regulations and submit required reports in timely fashion.
The College President shall make available any information or give any report that the Board of Education as a whole requests. Individual Board of Education member requests for information shall be met if, in the opinion of the College President they are not unduly burdensome or disruptive to the College’s operations. Information provided to any Board of Education member shall be available to all Board of Education members.
The College President shall act as the professional advisor to the Board of Education in policy formation.
Adopted by the Board of Education: 12/12/2018
- Act only in the best interests of the entire community.
- Ensure public input into board deliberations; adhering to the law and spirit of the open meeting laws and regulations.
- Prevent conflicts of interest and the perception of conflicts of interest.
- Exercise authority only as a Board.
- Use appropriate channels of communication.
- Respect others; acting with civility.
- Be informed about the College, educational issues, and responsibilities of Board membership.
- Devote adequate time to board work, including preparing for Board deliberations by reviewing the agenda and materials prior to meetings.
- Maintain confidentiality of executive sessions.
All Board of Education members are expected to maintain the highest standards of conduct and ethical behavior and to adhere to the Board’s Code of Ethics. The Board of Education will be prepared to investigate the factual basis behind any charge or complaint of Board member misconduct. A Board of Education member may be subject to a resolution of censure by the Board of Education should it be determined that trustee misconduct has occurred. Censure is an official expression of disapproval passed by the Board. A complaint of Board of Education member misconduct will be referred to an ad hoc committee composed of three Board of Education members not subject to the complaint. In a manner deemed appropriate by the committee, a fact-finding process shall be initiated and completed within a reasonable period of time to determine the validity of the complaint. The committee shall be guided in its inquiry by the standards set forth in the Board of Education’s Code of Ethics as defined in policy. The Board of Education member subject to the charge of misconduct shall not be precluded from presenting information to the committee. The committee shall, within a reasonable period of time, make a report of its findings to the Board of Education for action. Each member of the Board of Education will reaffirm adherence to the Code of Ethics by signing a statement at the annual organizational meeting. Adopted by Board of Education: 01/16/19