BBE(LOCAL) - BOARD MEMBERS: 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.
Official Board action shall be taken only in meetings that comply with the Open Meetings Act. The affirmative vote of a majority of all Board members shall be required to transact business. [See BD] Each action of the Board supported by the majority is binding on the whole Board.
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]
Individual Access to Information
An individual Board member, acting in his or her 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 Chapter of the Government Code. [See GCA]
An individual Board member shall not have access to confidential student records unless the member is acting in his or her official capacity and has a legitimate educational interest in the records in accordance with policies FJ(LEGAL) and (LOCAL).
Requests for Records
Individual Board members may seek access to records or request copies of records from the College President or other designated custodian of records. Such requests shall be sent to the College President, and the Board member shall inform the Board Chair. 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 and the Board President of the records provided. The College President shall inform the Board Chair of any access to records or copies of records provided to individual Board members.
Requests for Reports
Individual Board members may request that the College President prepare a report to be provided to the entire Board. The College President shall inform the Board Chair of any requests for reports from individual Board members. 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.
At the time Board members are provided access to confidential records or to reports compiled from such records, the College President or other College District employee shall advise them of their responsibility to comply with confidentiality requirements.
If employees, students, or citizens bring a concern or complaint to an individual Board member, he or she 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 of a future Board meeting. The request shall be seconded by another Board member before it is placed on the Board agenda.
Except as authorized by these policies, no employee or agent shall have the authority to bind the College District contractually.