Executive Limitations

 

Policy IV. A. - General Executive Constraint

The President shall not cause or allow any practice, activity, decision, or organizational circumstance that is illegal, imprudent, or in violation of commonly accepted business and professional ethics. 

Accordingly, the President shall not:

  1. Operate in a manner inconsistent with the Board’s Ends and Means.
  2. Permit financial conditions that jeopardize or compromise Board Ends priorities.
  3. Provide information or advice to the Board that is untimely, incomplete, or inaccurate.
  4. Permit conflict of interest in awarding purchases or other contracts or in hiring of employees.
  5. Allow day-to-day operations to impede the Vision or prevent the achievement of the Mission of the College.
  6. Manage the College without a strategic plan and adequate administrative procedures for matters involving finances, employees, students, facilities, and services.

Adopted 5/19/99 Revised 06/06/07

Policy IV. B. - Treatment of People

Treatment of and dealing with students, employees, and persons from the community shall not be inhumane, unfair, or undignified.

Accordingly, the President shall not:

  1. Operate without policies or procedures that set forth employee and student rules, provide for effective handling of grievances, and insure due process.
  2. Discriminate against anyone for expressing an ethical dissent.
  3. Fail to comply with all laws, rules, and regulations pertaining to employees and students, including those pertaining to discrimination and equal opportunity.
  4. Prevent students and employees from using established grievance procedures.
  5. Fail to acquaint students and College employees with their rights and responsibilities.
  6. Fail to take prompt and appropriate action when the President becomes aware of any violation of laws, rules, or regulations or of Board policies.

Adopted 5/19/99 Revised 06/06/07

Policy IV. C. - Professional Development

To insure that the Blue Mountain Community College Mission and Vision are achieved, qualified faculty and staff will be recruited and retained.  Professional development learning opportunities will be provided to keep personnel in compliance with the needs of the communities and students they serve as well as with the professional, academic, and/or technical state of the art.

Accordingly, the President shall not execute human resources practices that do not

  1. Actively seek personnel with the outstanding potential for contributions to the College and with the motivation and desire to work with the demographics of the District.
  2. Encourage the advancement of the College’s faculty and staff.
  3. Encourage and maintain the standards of professional growth.
  4. Encourage innovations in educational delivery.
  5. Base evaluations on the individual’s efforts toward the Mission and Vision of the College.

Adopted 5/19/99 Revised 06/06/07

Policy IV. D. - Compensation and Benefits

With respect to employment of, compensation for, and benefits to employees, consultants, and contract workers, the President shall not jeopardize fiscal integrity or public image.

Accordingly, the President shall not:

  1. Change his or her own compensation and benefits.
  2. Provide for or change the compensation and benefits of other employees except in accordance with collective bargaining agreements negotiated by the Board or in accordance with salary schedules and plans adopted by the Board.
  3. Promise or imply permanent or guaranteed employment beyond Board adopted contractual agreements.
  4. Grant employee fringe benefits not approved by the Board.
  5. Hire full-time staff without informing the Board.

Adopted 5/19/99 Revised 9/8/99; 06/06/07

Policy IV. E. - Budgeting/Forecasting

College budgeting for any fiscal year or the remaining part of any fiscal year shall not deviate materially from Board Ends priorities, risk fiscal jeopardy, or be unrealistic in projections of income and expenses.  The Board must adopt the College budget before the budget becomes effective.

Accordingly, the President may not:

  1. Propose a budget without supporting information that projects revenues, expenses, and cash flow; that separates capital and operational items; and that discloses planning assumptions.
  2. Plan the expenditure in any fiscal year of more funds than are conservatively projected to be received during that year, and than are in carryover accounts.
  3. Propose a budget that does not provide the annual operating funds for Board prerogatives, such as costs of fiscal audit, Board development and training, Board professional fees, and Board travel for College business.
  4. Propose a budget that does not have a broad base of input, including approval by the Board appointed Budget Committee.
  5. Propose a budget that fails to take into account Board Ends priorities.

Adopted 5/19/99 Revised 06/06/07

Policy IV. F. - Financial Condition

With respect to the actual, ongoing condition of the College's financial health, the President shall not cause or allow the development of fiscal jeopardy or a material deviation from the adopted College budget. Accordingly, the President shall not:

  1. Expend more funds than have been approved in the fiscal year without prior Board approval.
  2. Expend College funds in a manner that would result in an ending fund balance of $1.5 million by the end of fiscal year 2013.  
  3. Indebt the College in an amount greater than can be repaid by otherwise unencumbered revenues within the current fiscal year or can be repaid from accounts previously established by the Board for that purpose.
  4. Fail to do comprehensive facilities planning and execute the resulting plans for the use of its physical plant that will:
    • Enhance student learning
    • Assist in the attraction of new students and retention of existing students
    • Optimize the use of taxpayer-provided capital assets
    • Extend the useful life of existing structures to the greatest practical degree
    • Exhibit sensitivity to existing architectural designs
    • Promote a safe and healthy environment for students and staff
  5. Fail to provide a quarterly report of the College's current financial condition.
  6. Make any purchase or commit the College to any expenditure of greater than $75,000 that deviates from the adopted budget, unless Board approval has been obtained.
  7. Make any purchase: 
    1. of over $5,000 without having obtained at least three competitive quotes, if available.
    2. of over $75,000 without receipt of three sealed bids, if available, submitted according to prepared specifications. 

    Further, no purchase shall be made without undue regard for price and quality and without prudent protection against conflict of interest.

  8. Accept gifts or grants that:
    1. obligate the College to make future expenditures using funds other than those created by the gift or grant without Board approval unless Board approval has been obtained.
    2. contain restrictions that are not in the best interest of the College.

Adopted 05/19/99 Revised 09/08/99; 02/24/05; 06/06/07; 09/03/08; 10/01/08

Policy IV. G. - Asset Protection

The President shall not allow College assets to be unprotected, inadequately maintained, or unnecessarily placed at risk.

Accordingly, the President shall not:

  1. Fail to insure against: (a) theft and casualty losses in amounts consistent with replacement values, and (b) liability losses to Board members, employees, or the College itself in amounts consistent with limits of coverage obtained by comparable organizations.
  2. Allow unbonded personnel access to material amounts of funds.
  3. Subject plant and equipment to improper wear and tear or inadequate maintenance.
  4. Unnecessarily expose the College, the Board, or employees to claims liability claims.
  5. Receive, process, or disburse funds under controls that are not sufficient to meet auditing standards.
  6. Invest funds in non-interest bearing accounts or in investments not permitted by Oregon law.  Further, no investments shall be made unless they provide for the following, listed in order of priority:  (a) security of the investment; and (b) competitive, consistent interest earned on the investment. Local financial institutions may receive favorable consideration where (a) and (b) are relatively equal.
  7. Acquire, encumber, name, or dispose of real property without Board approval.
  8. Fail to protect information, files, and intellectual property from loss or damage.

Adopted 5/19/99

Revised 06/06/07

Policy IV. H. - Communication and Counsel to the Board

With respect to providing information and counsel to the Board, the President shall not permit the Board to be inadequately informed.

Accordingly, the President shall not:

  1. Neglect to submit in a timely, accurate, and understandable fashion monitoring data required by the Board (see Policy III.C, Monitoring Executive Performance) that directly addresses provisions of the Board policies being monitored.
  2. Allow the Board to be unaware of relevant trends, anticipated adverse media coverage, actual or anticipated legal actions, or material external and internal changes, particularly changes in the assumptions upon which any Board policy has been established.
  3. Fail to advise the Board if, in the President's opinion, the Board is not in compliance with its own policies on Governance Process and Board-Staff Relationship, particularly in the case of Board behavior that is detrimental to the working relationship between the Board and the President.
  4. Present information that is in unnecessarily complex or lengthy form or that is knowingly inaccurate or incomplete.
  5. Fail to provide a mechanism for official communication with officers, members, or committees of the Board.
  6. Fail to deal with the Board as a whole except when: (a) fulfilling individual requests for information or (b) responding to officers or committees duly charged by the Board.
  7. Fail to report in a timely manner an actual or anticipated non-compliance with any policy of the Board.

Adopted 5/19/99

Revised 06/06/07