Purpose
This guideline establishes the process for creating, modifying, and rescinding Administrative Rules (AR) and GPs (G/P).
The creation, modification, or rescission of Administrative Rules and Guidelines/Procedures will be completed through the ACC shared governance process and requires approval by the Chancellor prior to implementation. Decisions about the creation, modification, or rescission of ARs and GPs should be made according to the following guiding principles:
- Modifications with respect to ARs and GPs must be consistent with the mission of the College and Board Policy.
- Such modifications must permit the College to more effectively and/or efficiently fulfill its mission and/or implement Board Policy.
- Proposed modifications that help to assure compliance with the law and/or relevant regulations are warranted.
- Proposed modifications that would reproduce already existing ARs or G/Ps are not warranted.
Guideline/Procedure
I. Creation or modification of an Administrative Rule or a Guideline/Procedure
- Any member of the ACC community may develop a proposal for the creation or modification of an AR or a G/P.
- It is the responsibility of the developer of a proposal to consult with the relevant members of the ACC community (e.g., process owners, subject matter experts, affected users, and stakeholders) prior to the submission of the proposal for consideration (so as to maximize the likelihood that proposals made are worthy and well developed).
- The developer shall submit an electronic copy of the proposal to the appropriate Council Chair at least five working days prior to a scheduled meeting.
- The Council Chair shall place the item on the agenda for the first reading. The Council may either:
- Reject the proposal. If the council rejects the proposal, the Council Chair will inform the developer as to why the Council rejected it.
- Accept the proposal, either as written, as modified by the Council, or subject to revisions that the developer must complete prior to resubmitting the proposal to the Council Chair within five working days. If the council accepts the proposal, the proposal will be submitted for shared governance review.
- Within five working days of having a final draft of an accepted proposal, the Council Chair will distribute by email to all ACC employees and to the Student Government Association (SGA) President notice of the proposal and instructions for submitting comments. Proposals are to be posted for at least 20 days prior to receiving their final Council hearing.
- ACC employee association presidents remain at liberty to request of their members that they submit their comments via their association (for coordination of efforts, etc.) but employees may always submit comments as individuals as well.
- All employee comments are to be forwarded by the Council Chair to the developer of the proposal. The developer must account for the comments received either by revising the proposal or by explaining why given comments have not been incorporated into the proposal.
- The developer shall submit the final draft of the proposal, along with all employee comments and any required explanations, to the Council Chair at least five working days prior to the next scheduled meeting.
- The Council reviews the final draft of the proposal at its next meeting.
- If the proposal is approved by the Council, it is forwarded to the Chancellor for review/approval.
- If the proposal is not approved by the Council, the Council may place it on a future agenda for further consideration or it may take no further action.
II. Rescission of an Administrative Rule
- The developer of a proposal to rescind an AR shall submit the substantive rationale for the rescission to the appropriate Council Chair at least five working days prior to a scheduled meeting.
- The Council Chair shall place the proposal on the agenda for first reading.
- If the proposal is not approved by the Council, there is no further action.
- If the proposal is approved by the Council, the Council Chair will distribute by email to all ACC employees and to the SGA President notice of the proposed rescission and instructions for submitting comments. Proposals are to be posted for at least 20 days prior to receiving their final Council hearing.
- Once the period for comments is closed, the proposal is placed on the Council’s agenda for its second reading and is presented along with all of the comments received.
- If the proposal is approved by the Council, it is forwarded to the Chancellor for review/approval.
- If the proposal is not approved by the Council, there is no further action.
III. Creation, modification or rescission of an Administrative Rule or a Guideline/Procedure initiated directly by the Chancellor to meet a timely material interest of ACC
- When, in the judgment of the Chancellor, ACC would be materially harmed during the time it typically takes to adopt, modify or rescind an AR or a G/P, the Chancellor may sign off on the adoption, modification or rescission of an AR or a G/P to the extent needed to meet ACC’s substantial interests.
- In such cases, the AR or G/P in question will immediately be placed on the agenda of the Council within whose sphere of responsibility it falls, and, after consideration through ACC’s process of shared governance, the Council will either resolve in support of the Chancellor’s action or recommend that the AR or G/P in question be rescinded, modified or restored.
- Once such an AR or G/P appears on a Council’s agenda, the Council shall proceed according to the same GPs as for any other proposed creation, modification or rescission of an AR or G/P except as follows:
- The Council Chair, or her or his designee, in consultation as warranted with the Chancellor, shall serve as the originator of the proposal.
- The Council cannot simply reject the proposal; it must go through the standard shared governance process culminating in either a resolution of the Council in support of the Chancellor’s action or a recommendation to the Chancellor that the AR or the G/P in question be rescinded, modified or restored.