The Chancellor shall represent the Board in the system consultation process established pursuant to Education Code, Section 70901 (Education Code § 70901). In carrying out this responsibility, the Chancellor shall routinely inform the Board of the status of items in Consultation, and there will be a place on the regular agenda for the full Board to provide input to the Chancellor and the Consultation Process.
331. District Boards of Trustees and Chief Executive Officers.
Local boards of trustees and their chief executive officers, to the extent possible, should conduct deliberations and take positions on recommendations that are being developed in Consultation, or that are before the Board of Governors. Local boards and their chief executive officers should involve their faculty, staff, and students in these deliberations, and should clearly communicate their positions not only to those who represent them, but also to the Chancellor and Board of Governors. The Board of Governors, or a committee thereof, shall meet three times per year with the systemwide trustee executive board (CCCT) to discuss the Basic Agenda for the system, the proposed budget for the system, the annual legislative priorities, as well as governance relations and the effectiveness of the Consultation Process.
332. The Academic Senate.
(a) Consistent with the intent of 53206 of Title 5 of the California Code of Regulations, the Board of Governors recognizes The Academic Senate of the California Community Colleges as the representative of community college faculty on academic and professional matters.
(b) The appointment of faculty to councils, committees, and task forces established in conjunction with Consultation to deal with academic and professional matters on the systemwide level shall be made by the Academic Senate; provided, however, that where such councils, committees, or task forces established in conjunction with Consultation have organizational representatives, these representatives shall be appointed by the respective organizations.
(c) The Academic Senate, in conjunction with the Chancellor and designated staff, will initiate and/or respond to requests to develop policy on academic and professional matters. The identification of such matters will be made by the Chancellor, in consultation with the Consultation Council. Throughout the Consultation Process, the advice and judgment of The Academic Senate will be primarily relied upon whenever the policy involves an academic and professional matter. In providing this advice and judgment, The Academic Senate is committed to engage and consider the views of participants in Consultation, the affected community college constituencies, the general public, and other comments and concerns the Chancellor is legally required to consider.
333. Student Senate.
(a) Pursuant to established Board policy on the participation of students in governance, and in order that the students of the California Community Colleges may have a formal and effective procedure for participating in the formation of systemwide policy adopted by the Board of Governors, a Student Senate has been established through ratification by local student body governments.
(b) The Board of Governors recognizes the Student Senate as the representative of community college students in the Consultation Process and before the Board of Governors and Chancellor's Office.
334. Consultation Council.
(a) The Chancellor shall convene and regularly meet with a Consultation Council composed of representatives of selected community college institutional and organizational groups.
(b) As a condition for participation on the Consultation Council, each group participating as either an institutional or organizational member will make the following commitments:
(1) Each group, insofar as it participates in Consultation, will commit to promote the development of policy which is in the best interests of students, the system, and the State;
(2) Each group will commit to first attempt to use the Consultation Process for pursuing recommended policy changes or recommended policy that can be dealt with in the Consultation Process;
(3) Each group will commit to strive to accept and accommodate the consensus reached in Consultation, although each group will retain the ultimate right to excuse itself from Consultation on a particular issue or the ultimate right to take an issue to a different arena; and
(4) Each group will agree to attend Consultation meetings, complete any work it agrees to undertake, and communicate with and involve the constituency it represents.
(c) On an issue-by-issue basis, when the Chancellor, in consultation with the Consultation Council, determines that the participation of certain other community college organizations is necessary to informed discussions of the Consultation Council, the Chancellor shall provide for the participation of such organizations in the discussions of the Consultation Council. In addition, meetings of the Consultation Council shall be open and public; and agenda materials, minutes, and other documents discussed by the Council will be made available, at the cost of production, to interested parties.
(d) The Chancellor shall consult with the Consultation Council regarding all matters to be developed, implemented or evaluated through the Consultation Process, including the coordination of policy development. Matters subject to Consultation include the following:
(1) Policies adopted by the Board, including regulations, general policies, The Basic Agenda, standing orders, and procedures for the adoption of regulations;
(2) Recommendations of the Board of Governors to the Governor and/or the Legislature, including the annual systemwide legislative program, the annual proposed budget for the California Community Colleges, and positions of the Board of Governors on legislation affecting community colleges;
(3) Executive orders of the Chancellor;
(4) Recommendations of the Chancellor, a member of the Consultation Council, or other organization to change Board policy;
(5) The process to be used for developing a policy to be recommended to the Board of Governors;
(6) The alleged failure of the Board of Governors, the Chancellor's Office, or districts to perform legal responsibilities--in order to provide advice regarding appropriate steps that should be taken from within the system.
335. Special Committees.
(a) The Chancellor, in consultation with the Consultation Council, is authorized to establish special consultation committees of limited duration and specific function. Such committees shall report any recommendations to the Chancellor and the Consultation Council.
(b) The Chancellor or Chancellor's Office may establish committees, task forces, or work groups where the principal and primary reason for the formation of the group is to provide technical assistance to college program staff, to provide in-service training for college program staff, or to provide a vehicle for communication about adopted policy and policy implementation. To the extent that such committees, task forces, or work groups develop opinions that policy changes are needed, they will express their views in the form of a Consultation Digest, and the matter will be referred to Consultation.
336. Board of Governors.
While giving due deference to recommendations of the Chancellor which have been developed through Consultation, the Board of Governors reserves the right to reject such recommendations or adopt different recommendations. When time allows, and further input from Consultation can help to address the Board's concerns or enable the Board to more fully understand the issues before it acts, the practice of the Board will be to provide direction to the Chancellor and to allow additional time for Consultation. While the Board will make every attempt to accept recommendations of the Chancellor developed through Consultation, when rejecting or adopting a different recommendation, the Board of Governors will provide a clear and substantive rationale which the Chancellor shall report back to the Consultation Council.
338. Rights of Participants to Address the Board.
Once having participated in the Consultation Process, any interested party retains the right to provide advice and comment directly to the Board of Governors as it deliberates on the proposed policy.
The Chancellor shall adopt such Executive Orders as are necessary to implement these standing orders as well as the Board policy on consultation. Such Executive Orders shall be developed through Consultation and shall address, among other matters:
(a) The membership of the Consultation Council;
(b) The role of the Chancellor and Chancellor's staff;
(c) The manner in which organizations and interested parties not otherwise a member of the Consultation Council can participate in the consultation process; and
(d) Meetings, notices, agendas, other procedural matters for the Consultation Council.
(e) Training for participants in Consultation
The Chancellor, at least once every three years, shall provide for a review and evaluation of the Consultation Process.
Another Standing Order of the Board of Governors relevant to the Consultation Process is Standing Order 317:
317. Positions on State Legislation.
(a) The Chancellor is delegated limited authority to take positions on pending legislation on behalf of the Board of Governors, subject to the conditions set forth in this section.
(1) The Chancellor shall refrain from taking an oppose position pursuant to subdivision (c) or paragraph (3) of subdivision (b), and shall instead rely upon subdivision (d), if the following conditions are satisfied:
(A) The bill is sponsored or introduced at the request of a community college district or organization; and
(B) The district or organization formally entered a proposal to modify existing system policy into the Consultation process in a timely manner which affords a reasonable opportunity for discussion by the Council prior to introduction of the substance of the bill, and the Chancellor expressed concerns or opposition during the discussion.
(2) If a bill described in subdivision (d) is sponsored or introduced at the request of a community college district or organization, and the district or organization did not formally enter the policy proposal into the Consultation process in a timely manner which affords a reasonable opportunity for discussion by the Council, the Chancellor is authorized to take an immediate position on behalf of the Board, with the concurrence of the Chair of the Committee on Legislation and the President of the Board. The Chair or the President may instead direct that the bill be scheduled for consideration by the Board at the next meeting. When a position is taken pursuant to this paragraph, the Chancellor shall schedule the bill position for confirmation by the Board at the next meeting.
(b) The Chancellor is authorized to take a position on behalf of the Board, consistent with the Statement of Legislative Principles, on any bill which:
(1) Is sponsored by the Board as part of the annual legislative program;
(2) Affects agency operations but is not otherwise relevant to system policy; or
(3) Is determined by the Chancellor to be essentially identical to a prior bill upon which a position has been taken pursuant to the Standing Orders.
(c) The Chancellor is authorized to take a position on behalf of the Board on a bill where existing Board policy documents, precedents, or positions provide guidance, with the concurrence of the Chair of the Committee on Legislation and the President of the Board. The Chair or the President may instead direct that the bill be scheduled for consideration by the Board at the next meeting.
(d) Following the introduction of any bill for which existing Board policy documents, precedents, and positions do not provide guidance, the Chancellor shall prepare an analysis, seek the advice of the Consultation Council, and recommend to the Board a position on the bill.
(e) Where an amendment to any bill makes a substantive change, or when a relevant bill is introduced following the normal legislative deadline for bill introduction, the Chancellor is authorized to take or modify a position on behalf of the Board. When the amendment or new bill raises policy issues outside the scope of existing Board policy documents, precedents, and positions, the Chancellor shall seek the concurrence of the Chair of the Committee on Legislation and the President of the Board prior to taking or modifying the position, and, when practical, shall seek the advice of the Consultation Council. The Chair or the President may instead direct that the bill be scheduled for consideration by the Board at the next meeting. When a position is taken pursuant to this paragraph, the Chancellor shall schedule the position for confirmation by the Board at the next meeting.
(f) When the Chancellor takes or modifies a position on behalf of the Board, the Chancellor shall notify each member of the Board and the Consultation Council by electronic mail or facsimile transmission within 72 hours, and shall report all positions taken at the next meeting of the Board as part of an agenda item. Notifications and reports shall identify the position taken or modified, the policy guidance derivation for positions taken pursuant to subdivision (c) or paragraph (3) of subdivision (b), and a summary of any bill amendments proposed by the Chancellor. Any member of the Board may request that a position be placed on the agenda by the President for a subsequent meeting of the Board. Any member of the Consultation Council may request that a position be placed on the agenda by the Chancellor for a subsequent meeting of the Council.
(g) The Chancellor shall provide for regular review and evaluation of this section. The review and evaluation shall be conducted through the Consultation process, and may be incorporated into the periodic evaluation of the Consultation process pursuant to Section 342. The results and any recommendations from the evaluation shall be reported to the Board.