California Online Community College District Policies and Procedures Adopted August 6, 2018

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1 California Online Community College District Policies and Procedures Adopted August 6, 2018 Chapter I The District 1. The California Online Community College District The Board of Governors of the California Community Colleges, while administering the California Online Community College, hereby adopts the operating name and shall be known as the California Online Community College District Board of Trustees ( Board ). The Board will serve as trustees of the California Online Community College District ( District ) while acting in its official capacity to carry out various functions specified in the California Online Community College Act. The names, California Online Community College District and California Online Community College, are the property of the District. The Board reserves the right to restrict the use of these names, or any abbreviation of them. The names, or any abbreviation of them, shall not be used in any manner to imply, suggest, or indicate that an entity, organization, product or service is connected to or affiliated with by the online college or district. Education Code, sections 70901, 72000, and Mission The District s mission is centered on principles of equity. It will govern the online college to provide an organized system of accessible, flexible, and high-qualify online content, courses, and programs focused on providing industry-valued credentials compatible with the vocational and educational needs of Californians who are not currently accessing higher education. The California Online Community College shall provide opportunities that are affordable, flexible for working adults, and competency-based to provide employable skills. The California Online Community College has an open access mission to work with the diverse population of California to increase wages and to improve economic and social mobility. 1

2 Education Code sections and Chapter II The Board of Trustees 1. Membership As defined by statute, the Board shall be comprised of the members of the California Community Colleges Board of Governors. Education Code sections and Officers The Board shall have a President and Vice President. The President and Vice President California Community Colleges Board of Governors shall serve as the President and Vice President of the Board of Trustees. The President of the Board is authorized to preside at all meetings, to call special meetings and create committees as provided by law, to sign documents approved by the Board, to represent the Board, and to confer with the Chief Executive Officer and/or their designees regarding any official business concerning the California Online Community College. Actions taken by the Board take immediate effect upon signature of the President, unless specified otherwise. The Vice President shall preside and perform the duties of the President in their absence. The Secretary of the Board shall be the Chief Executive Officer. Education Code section Compensation of Board of Trustees Members of the Board shall receive their actual and necessary traveling expenses while on official business. Each member shall also receive one hundred dollars ($100) for each day he or she is attending to official business. Education Code section Travel Reimbursement The Board and any agents acting on the Board s behalf, including the Chief Executive Officer and the Chancellor of the California Community Colleges or their respective 2

3 designees, shall be reimbursed for any actual and necessary travel expenses incurred for official business. All travel expenses must be documented and are subject to the District s reimbursement rates under Chapter IV, Section 7. Education Code section Meetings Meetings of the California Online Community College District Board of Trustees and any committees or bodies created by the Board shall comply with the Ralph M. Brown Act, as required by law, and shall be open and accessible to the public. The District shall provide notice identifying the location, date, and time of any meetings at least ten (10) days prior to the meeting. Notice of meetings and agenda must be mailed to any person who has made a written request at the time of the posting of the notice or agenda, or upon distribution to all, or a majority of all, members of the Board, whichever occurs first. The request must be sent to the Secretary of the Board and include the recipient s name and address, along with $10 for processing and service fees, made payable to the California Online Community College Board of Trustees. Education Code sections 72000, and 72121; Government Code section Special meetings A special meeting may be called by the President of the Board, or by a majority of the Board, by written notice to each member of the Board. Members of the Board shall be notified of the special meeting at least twenty-four (24) hours in advance of the meeting. Notice must also be given to any local newspaper, radio or television station requesting notice in writing, and the notice must be posted on the Board s website. The notice must specify the time and place of the special meeting and the business to be transacted. The location of the special meeting must be freely accessible to members of the public. No other business shall be considered at the special meeting except for the noticed item. Government Code section

4 7. Emergency meetings An emergency meeting may be called by the President of the Board when prompt action is necessary due to an emergency situation as defined by the Brown Act, including work stoppage, crippling activity, or any activity that severely impairs public health or the health and safety of the Board. In dire emergency situations as defined by the Brown Act, the Board may hold an emergency meeting without complying with the twenty-four (24) hour notice posting requirement if the emergency situations requires prompt action due to disruption or threatened disruption of public facilities. During an emergency meeting, the Board may meet in closed session if agreed to by a two-thirds vote of the Board members present, or by a majority vote if less than twothirds of the Board is present. Government Code section Closed meetings The Board may hold closed sessions for purposes specifically exempted from the open meeting laws of the State of California. Prior to holding a closed session, the Board shall post and state the reason and legal authority for the closed session. To the extent required by law, the agenda descriptions of any closed session shall be made available to the public along with the public session agenda. At the conclusion of any closed session, to the extent required by law, the President of the Board or their designee shall announce in open session whether any action was taken by the Board and the vote or abstention of each member on each action. Government Code sections , and Agendas and Minutes An agenda for the meetings shall be provided by the Board for every meeting. The Board shall post the agenda at least 72 hours before the regular meeting in a location that is freely accessible to the public and on the Board s website. The agenda shall contain a brief description of each item of business to be transacted or discussed at the meeting and shall designate the specific time and location of the regular meeting. The Board will keep minutes of its meetings and maintain a record of its proceedings with a record of every official act taken. Government Code section ; Education Code sections and

5 10. Quorum Nine members shall constitute a quorum for transacting business for the 17-member Board if all members are present. If there are any absent board members, a quorum shall be the majority of the members present at the meeting. Every official action taken by the Board shall be affirmed by a formal vote of the members. The Board shall act by majority vote of all the members present. Education Code section Order of Business The order of business at a regular meeting of the Board of Trustees shall be: a. Roll Call b. Pledge of Allegiance c. Discussion of the Order of the Agenda d. President s report e. CEO s report f. Minutes g. Agenda items h. Public comment i. Adjournment The President may rearrange the agenda items during a meeting of the Board if there are no objections from a majority of the members present. 12. Rules of Order for Board Meetings The Board recognizes and understands the value of free expression and its statutory obligations on actions essential to the California Online Community College and the state of California. To achieve a balance on both objectives, the following rules of order shall govern the conduct of all Board meetings: a. The President shall direct the orderly presentation of reports and items on the agenda. The President has the discretion to take items in any order he or she pleases if there is no objection from a majority of the members present. b. After an agenda item has been presented, the Board shall invite public comment relating to the agenda item. Members of the public are encouraged to write down their name on a public comment card to show their intent in addressing the agenda item to the Board. Members of the public who seek to comment will be asked to state their name to the Board. c. No member of the public may speak without the recognition of the President. 5

6 d. The Board may limit time for comment on any agenda item by a public member to three (3) minutes. The time may be extended at the discretion of the President of the Board. e. The Secretary of the Board, or their designee, will notify the speaker when there is 30 seconds remaining and when the three (3) minutes have expired. f. Any individual who uses profanity, threats, physical violence, obscenities in any form, or disturbs or disrupts the Board meeting, or fails to conform to a reasonable request to maintain decorum may be asked to cease such conduct and/or leave the meeting. Any speaker who violates these provisions may also be denied the opportunity to address the Board for the remainder of the meeting. g. Any violation of law during a board meeting may be directed to the appropriate law enforcement agency. h. Members of the public may also submit written communications to the Board on any item, either on or off the agenda. Written communications that are not on the agenda item will be read during the Public Comment period. Government Code section Parliamentary Procedure The rules contained in the Robert s Rules of Order shall govern meetings of the Board for all items unless they are inconsistent with state or federal law. Chapter III Executive Committee 1. Creation of the Initial Executive Committee The President of the Board has the authority to create an Executive Committee and to recommend seven members for approval by the Board on a majority vote. The Executive Committee shall be delegated certain functions by resolution of the Board. The Executive Committee shall follow the same policies and procedures as the Board, except as specified otherwise in this Chapter or by separate resolution of the Board. 2. Membership The Executive Committee shall be comprised of the seven members selected and affirmed by majority vote of the Board of Trustees. 6

7 3. Officers The Executive Committee shall have a Chair and Vice-Chair. The President and Vice President of the California Community Colleges Board of Governors shall serve as Chair and Vice-Chair respectively. The Chair of the Executive Committee is authorized to preside at all meetings and to confer with the Chancellor and the Chief Executive Officer and/or their designees regarding any official business concerning the California Online Community College. Actions taken by the Executive Committee take immediate effect upon signature of the Chair, unless specified otherwise. The Vice-Chair shall preside and perform the duties of the Chair in their absence. 4. Quorum Four members of the Executive Committee shall constitute a quorum for transacting business if all committee members are present. If there are any absent committee members, a quorum shall be the majority of the committee members present at the meeting. Every official action taken by the Executive Committee shall be affirmed by a formal vote of the committee members present. The committee shall act by majority vote of all the committee members present. Education Code section Authority of the Executive Committee The Executive Committee shall exercise only such authority as is delegated to it by the Board, and the Board shall retain authority not delegated to the Executive Committee. The Committee shall provide a report of its activities to the Board of Trustees at its regular meetings. Chapter IV Business and Fiscal Standards 1. Contracting authority The California Online Community College Act grants the Board with responsibility to enter and authorize contracts obligating the District. The Board, by a majority vote, may delegate its authority to the Executive Committee, the Chief Executive Officer, or the Chancellor. Unless otherwise specified by a resolution of the Board, contracts and subsequent amendments are subject to approval or ratification by the Board, or by the Executive Committee pursuant to a delegation by the Board. 7

8 If the Board delegates contracting authority to the Chancellor, the Chancellor shall follow all state contracting laws applicable to community college districts. Education Code section 81655, Authority of the Chief Executive Officer [Reserved.] 3. Competitive bidding requirements Unless specifically authorized by law, all contracts entered into by the District shall be formally bid. Pursuant to Public Contract Code section 20651, contracts involving expenditures less than $50, do not require competitive bidding if they relate to the purchase of: a. Equipment, materials or supplies to be furnished, sold or leased to the District; b. Services, except construction services; or c. Repairs and maintenance that are not defined as a public project under Public Contract Code section 22002, subdivision(c). The District shall not be required to bid professional service contracts. Any contract that is not formally bid may be informally bid, pursuant to the requirements in Public Contract Code section Public Contract Code section 20651, Competitive bidding procedures The District shall follow all applicable state laws related to bidding and purchasing requirements as set forth in the Education Code. Contracts that require bidding shall be awarded to the lowest responsive bid or quotation from a responsible and timely bidder. In the event of identical bids or quotations, the contract shall be awarded to a winner by lot. (Gov. Code, ) The District may reject all bids and re-open a bid process at its own discretion. Public Contract Code section 20651, Government Code section

9 5. Contractor compliance with non-discrimination Any contractor, subcontractor, or vendor entering into a contractual agreement to perform work or provide services with the District shall certify that there is no discrimination in the contractor s hiring or employment practices because of race, color, ancestry or citizenship status, national origin, religion or creed, age, sex, gender (including sexual orientation and identity, gender identity, and gender expression), physical or mental disability, political affiliation, military or veteran status, or on the basis of these perceived characteristics or based on association with a person or group with one or more of these actual or perceived characteristics. 6. Prohibited Out-Of-State Travel Officials, employees, agents, and designees of the District shall not travel on district business to states with discriminatory laws against lesbian, gay, bisexual, and transgender individuals, as determined by the California Attorney General under the authority of Assembly Bill 1887 (2016). 7. Travel Reimbursement Rates The travel of District officials and employees for business-related travel shall be reimbursed as followed: Air Travel For air travel, economy class or any discounted class airfare shall be used for all reservations. Automobile Travel Travelers may use their private vehicle for travel if it is less expensive than renting a car or using alternative transportation. A vehicle may be rented if it would be more advantageous to the District than other means of transportation. When electing a rental vehicle, the traveler is authorized to select a compact or economy model and must obtain the best available rate. The vehicle rental contract should include Supplemental Liability Insurance (SLI) and Loss Damage Waiver (LDW). Mileage reimbursement for personal automobile travel will be calculated using the current mileage reimbursement rate published by the Internal Revenue Service. Mileage shall be computed between the traveler s office and the destination. The shortest route should be used for mileage reimbursement purposes. Lodging Overnight accommodations are permitted when the destination is outside of a 50-mile radius from the traveler s work or home address, and is reasonably necessary under the 9

10 circumstances of the travel. All lodging expenses must be supported by itemized receipts. Travelers should make reasonable efforts to obtain lodging at government rates. Travel claims must be approved by the Chief Executive Officer or their designee or, for the Chief Executive Officer, by the Chair of the Executive Committee. Meals A per-diem is allowed for meals during business-related travel. The current per-diem meal allowance rate is as follows: Breakfast: $10.00 Lunch: $20.00 Dinner: $30.00 Travelers will not be reimbursed a per diem for any meals included in the cost of registration fees for a conference or meeting. Incidentals All reasonable miscellaneous expenses that are necessary to the conduct of official business are reimbursable. Ordinary and reasonable miscellaneous may expenses include: parking, tolls, Wi-Fi, and other miscellaneous charges. All miscellaneous expenses must be supported by itemized receipts. Chapter V Compliance 1. Nondiscrimination The District shall provide access to its services, classes, and programs to all individuals. The District shall comply with all state and federal laws regarding discrimination. Education Code section Equal Employment Opportunity The District is committed to equal employment opportunity and full recognition of the diversity that is represented in the state of California. The District is an equal opportunity employer that shall provide an educational and work environment in which no person is denied access to, or the benefits of, any program or activity of the District on the basis of federal or state protected classes including, but not limited to: race, color, ancestry or citizenship status, national origin, religion or creed, age, sex, gender (including sexual orientation and identity, gender identity, and gender expression), physical or mental disability, political affiliation, military or veteran status, or 10

11 on the basis of these perceived characteristics or based on association with a person or group with one or more of these actual or perceived characteristics. The District shall ensure the success of equal opportunity in its recruitment, selection, retention and promotional policies and procedures by monitoring and reviewing data to assure no adverse impact against any person or group of individuals due to the protected classes and characteristics in this board policy. Education Code section Accessibility Compliance The Board shall ensure that the California Online Community College s use of electronic technology complies with the state and federal accessibility requirements. Compliance with all accessibility requirements also applies to use of instructional resources, including textbooks and other digital or printed course materials. Education Code section Public Records Act The District shall abide by the California Public Records Act. All public records subject to inspection under the Public Records Act shall be made available for inspection by the public during the regular office hours of the District and California Online Community College. Requests for inspection or copying of public records shall be directed to the Secretary of the Board. As authorized by Government Code section 6250, upon request for inspection or copying of public records, the District shall, within ten (10) days, notify the requestor whether there are responsive documents to the request and/or any documents that are exempt from disclosure under state law. The response will also notify the requestor when the responsive documents will be made available and whether there are any costs or fees for duplicating records. The District may require payment in advance, before providing the requested copies. Government Code section

12 Chapter VI Conflicts of Interest 1. Conflicts of Interest The Legislature expressly declared that the Board of Governors of the California Community Colleges, in carrying out its duties as the Board of Trustees for the California Online Community College District, does not have a conflict of interest in administrating the California Online Community College. Education Code section Conflicts of Interest Code The Political Reform Act requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted regulations (2 Cal. Code of Regs., 18730) that contain the terms of a standard Conflict of Interest Code, which can be incorporated by reference in an agency s code. The regulations and any amendments on a Conflicts of Interest Code adopted by the Fair Political Practices Commission will be incorporated by the Board and a Conflicts of Interest Code will be adopted. Members of the Board of Trustees and employees of the California Online Community College District shall file Statements of Economic Interests (Form 700) with the District. Board member and Chief Executive Officer statements shall be filed with the Fair Political Practices Commission; District employees statements shall be retained by the District as public records, and will be made available for inspection and reproduction upon request. Government Code section 81000, Education Code section ### 12

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