SUBJECT: Proposed Amendments to Policies C-4, Internal Employee Associations and C-7, Legal Counsel
PROPOSED ACTION
That the Board of Trustees review the proposed amendments to Policies C-4 and C-7.
[a] Append a Section 5 to Policy C-4,
Internal Employee Associations, as follows:[5] Disputes about the interpretation of the bylaws of an internal employee association shall be resolved by the association without participation by the administration or Board.
[b] The addition of the following sentence to the end of the third paragraph of Policy C-7, Legal Counsel.
When a request for legal opinion comes from a Trustee, the attorney(s) shall inform all Trustees of the request.
RELATED BOARD POLICY OR RESOLUTION
This item is consistent with Policy B-5, Policy Development.
RATIONALE
The proposed amendments would, without changing the access of trustees to advice from legal counsel, would [1] (Policy C-4) make it clear that internal governance matters of internal employee associations are outside the responsibility and authority of the College=s management structure, [2] (Policy C-7) aid compliance with the principle that all Trustees have access to the same information.
Part [a] of the initial proposal has been modified for greater clarity in response to comments from Trustees at the 7/20/98 meeting.
BUDGETARY CONSIDERATIONS
None.
RESOURCE PERSONNEL
Carol Nasworthy, Trustee
ATTACHMENTS
Current Policy C-4 with proposed amendments
Current Policy C-7 with proposed amendments
[Proposed amendment shown in bold]
[1] Regular opportunities for comment to both the administration and Board of Trustees shall be provided to representatives of any employee associations which are recognized by the Board of Trustees as being based on the main categories of the College's personnel classification system, open to all employees in the relevant category without charge, governed by democratic means approved by a majority of their members, and willing to accept the legal and policy restrictions of being an internal College activity.
[2] The administration shall consult in a timely manner with representatives of such employee associations in order to receive their comments prior to taking actions which would have a substantial effect on their members, including instituting or changing administrative rules and making administrative decisions or recommendations to the Board on compensation and working-condition issues.
[3] When matters of concern to an internal employee association require a Board vote, a representative of the group shall be provided an opportunity to freely address the Board meetings at which the topic is considered. In any communication with one or more Trustees prior to such meetings, the group should strive to make any additional substantive information it supplies related to the issue made available to all Trustees and to the administration.
[4] The President shall maintain administrative rules which facilitate participation of employees in recognized internal employee associations, including the budgeting of appropriate operational support and provision of information about their associations to each new employee.
[5] Disputes about the interpretation of the bylaws of an internal employee association shall be resolved by the association without participation by the administration or Board.
_____________________
By approval of the Board of Trustees: March 5, 1984, and as amended February 1, 1993
[Proposed amendment shown in bold]
The Board of Trustees shall designate an attorney(s) to serve in the capacity of legal counsel for the Austin Community College District and to represent and advise the Board in all legal matters affecting or potentially affecting the Board or the College District.
The attorney(s) shall be reasonably compensated and shall serve at the pleasure of the Board. The attorney(s) shall be available to handle all legal matters for the Board and administration of the College District, and shall be responsible to the Board.
The attorney(s) shall attend Board meetings when requested by the Board or by the College President and shall be available for consultation with members of the Board, the College President, and individual staff members designated by the College President, and shall undertake to represent the Board and the College in all matters referred by the Board and the College President. When a request for legal opinion comes from a Trustee, the attorney(s) shall inform all Trustees of the request.
The College President, in coordination with the College legal counsel, shall cause to be maintained and distributed a College Legal Manual which explains the important legal provisions covering College operations.
________________________
By approval of the Board of Trustees: April 7, 1975, and as amended November 13, 1989