BBE Local

BOARD MEMBERS: AUTHORITY

1.01 Board Authority

The Board has final authority to determine and interpret the policies that govern the College District and, within the limits imposed by other legal authorities, has complete and full control of the College District.

1.02 Transacting Business

Official Board action shall be taken only in meetings that comply with the Open Meetings Act. When a proposal is presented to the Board, the Board shall hold a discussion and reach a decision. The affirmative vote of a majority of all Board members shall be required to transact business. (See BD) Although there may be dissenting votes, which are a matter of public record, each action of the Board supported by the majority is binding on the whole Board.

1.03 Individual Authority for Committing the Board

Board members as individuals shall not exercise authority over the College District, its property, or its employees. Except for appropriate duties and functions of the Board President, an individual member may act on behalf of the Board only with the express authorization of the Board. Without such authorization, no individual member may commit the Board on any issue. (See BCAB)

1.04 Individual Access to Information

An individual Board member, acting in the member’s official capacity, shall have the right to seek information pertaining to College District fiscal affairs, business transactions, governance, and personnel matters, including information that properly may be withheld from members of the general public in accordance with the Public Information Act. (See GCA)

1.05 Limitations

If a Board member is not acting in the member’s official capacity, the Board member has no greater right to College District records than a member of the public.

An individual member shall not have access to confidential student records unless the member is acting in the member’s official capacity and has a legitimate educational interest in the records in accordance with policies FJ(LEGAL) and (LOCAL).

1.06 Requests for Records

Individual members shall seek access to records or request copies of records from the College President or other designated custodian of records. When a custodian of records other than the College President provides access to records or copies of records to individual Board members, the provider shall inform the College President of the records provided. A Board member who is denied access to a record under this policy may ask the Board to determine whether the record should be provided or may file a request under the Public Information Act. (See GCA)

1.07 Requests for Reports

No individual Board member shall direct or require College District employees to prepare reports derived from an analysis of information in existing College District records or to create a new record compiled from information in existing College District records. Directives to the College President or other College District staff regarding the preparation of reports that will, in the opinion of the College President, require excessive staff time or expense shall be authorized by action of the Board.

1.08 Confidentiality

At the time Board members are provided access to confidential records or to reports compiled from such records, College President or other College District employee shall advise them of their responsibility to comply with confidentiality requirements and the College District’s information security controls.

Referring Complaints

If employees, students, or citizens bring a concern or complaint to an individual Board member, the Board member shall refer them to the College President or designee, who shall proceed according to appropriate Board policy. (See DGBA, FLD, and GB)

When the concern or complaint directly pertains to the Board’s own actions or policy, for which there is no administrative remedy, the Board member may request that the issue be placed on the agenda.

1.09 Staff Authority
Except as authorized by these policies, no employee or agent shall have the authority to bind the College District contractually.

The President of the College is responsible for updating and reviewing this policy. Policy reviews are made in accordance with the Office of Institutional Effectiveness Policy Tracking document.

Document History

Adopted: 08/2023