HOW THE BOARD CAN ORGANIZE AND CONDUCT EFFECTIVE MEETINGS: BASIC BOARD PROCEDURES

Transcription

1 HOW THE BOARD CAN ORGANIZE AND CONDUCT EFFECTIVE MEETINGS: BASIC BOARD PROCEDURES FACULTY NARCISA POLONIO, ED.D. VICE PRESIDENT FOR RESEARCH, EDUCATION AND BOARD LEADERSHIP SERVICES 1 Copyright ACCT, 2012

2 HOW DO YOU RUN YOUR BOARD MEETINGS? Are your rules and procedures clear to everyone? Are the purposes of your meetings accomplished in an effective and efficient manner? 2

3 WHAT ARE THE GOALS? 1. Set the right tone 2. Create effective agendas 3. Have sound meeting practices 4. Hear from the public 5. Follow the ground rules 6. Reports from committees 7. Reflect financial and fiduciary responsibilities 8. Foster substantive policy discussions/debate and appropriate actions 9. Represent the college in the public s eyes 10. Reflect the mission of the college! 3

4 ROLES AND RESPONSIBILITIES 4

5 THE ROLE OF THE BOARD IS TO GOVERN, NOT MANAGE THE COLLEGE, BY: 1. Conducting the business of the governing board 2. Establishing policy 3. Running effective meetings to achieve that objective 5

6 EFFECTIVE BOARDS REFLECT THESE STANDARDS DURING A MEETING Act as a unit Represent the common good Set the policy direction Employ, evaluate and support the chief executive Define policy standards for college operations Create a positive climate Monitor performance Support and advocates the college Lead as a thoughtful, educated team Focus on student success 6

7 WHO REPORTS AND PARTICIPATES IN THE BOARD MEETING? The College president or chancellor The College s attorney The College s auditor It depends?? 7

8 BOARD ORGANIZATION MODELS 8

9 2012 PUBLIC COMMUNITY & TECHNICAL COLLEGE GOVERNING BOARDS: STRUCTURE & COMPOSITION DISTRIBUTION OF GOVERNANCE MODELS 9

10 DEFINED BY THE STATE State statutes define the publically created body: Its Responsibilities, Rights and Privileges This charge is carried out at the meetings of the Board of trustees. 10

11 WHAT DETERMINES THE WAY TO ORGANIZE THE BOARD? There is NO ONE way Boards organize themselves in different ways according to: Statutory requirements Public record requirements By laws Common practice 11

12 WHAT INFLUENCES THE WAY TO ORGANIZE THE BOARD MEETING? There can be many influences, such as: Past practices Political culture Size of the board 12

13 DEFINING THE LIMITS AND PROCEDURES FOR MEETINGS 13

14 THE SUNSHINE ACT A US law passed in 1976, which affects the operations of legally constituted federal and public bodies. One of a number of Freedom of Information Acts, intended to create greater transparency in government. Provides, with ten specified exemptions, that 'every portion of every meeting of an agency shall be open to public observation. 14

15 OPEN MEETINGS ACT In some cases known as the Public Record Laws State laws requiring certain meetings of certain public bodies to be open to the public and to require notice and the keeping of minutes of meetings; to provide for enforcement; to provide for invalidation of governmental decisions under certain circumstances; to provide penalties; and to repeal certain acts and parts of acts. For example: In CA, the Brown Act, governs activities of state and municipal meetings, including when to post agendas, and minutes of meetings involving the public s business. 15

16 BY-LAWS The Bylaws of the Board are written by the Board for the purposes of internal management of the Board and all Board activities. It identifies the college, defines the board s authority and outlines board procedures. 16

17 ORGANIZATIONAL MODELS FOR DECISION MAKING 1. Committee structure 2. Board as a Whole 3. Policy Governance John Carver s model 17

18 COMMITTEE STRUCTURE Generally for large boards. Does your board function this way? Typical committees: Finance Capital projects Personnel Student services Academic affairs Trustee Committee A Trustee Committee B The Board Trustee Committee C 18

19 BOARD AS A WHOLE Does your board do the work as a collective whole? 19

20 POLICY GOVERNANCE BOARDS A model of governance developed by John Carver as a specific set of board-management concepts and principles. A New Vision of Board Leadership: Governing the Community College By John Carver and Miriam Mayhew Published by the Association of Community College Trustees, 1994 Out of print 20

21 POLICY GOVERNANCE BOARDS Act as a unit Represent the ownership of the college Define decisions and directions in policy Delegate authority through policy Begin with broad policy statements, then narrow the focus Define vision and goals as ends Establish limits for means in policy Define governing processes and standards Monitor performance against policy criteria 21

22 DEFINE AND DELEGATE ROLES Ends (Results) Board is responsible to affirm on behalf of ownership Staff works towards ends Means (Activities) Staff responsible to determine Board establishes limits 22

23 SOME DIFFERENCES Policy Categories Goals Policy making Operational policies Policy Governance Four categories reflect board role Define outcomes for students & community Board develops; start with broad values Proscriptive (sets limits: states what not to do ) Traditional Categories reflect college structure May be strategic goals Usually recommended by President Prescriptive: states what should be done Community links Job #1 of board Usually a more shared focus with President 23

24 OPERATION 24

25 WHAT DOES A TYPICAL MEETING LOOK LIKE? As a Whole By Committee Using Policy Governance 25

26 CREATE A POSITIVE WORKING ENVIRONMENT A Welcoming Atmosphere Starting on Time Setting a Positive Tone Conducting the Flow of Business Follow the Agenda 26

27 THE AGENDA 27

28 HOW ARE YOUR BOARD S MEETING AGENDAS STRUCTURED? Are the items clearly in the board s purview? Do the items refer to current policy and contain sufficient analysis and background? Is it clear what is being requested from the board? 28

29 DEVELOP THE AGENDA See Sample Agendas in toolkit Agendas typically include items such as: Action, Discussion or Information Background and rational for inclusion Supporting materials References to relevant policies or laws Implications and analysis of various options Questions for discussion (when appropriate) Recommendations for action (when needed) (Smith, 2000, p. 42) 29

30 AGENDA ITEMS With Committees From the National Association of Parliamentarians 30

31 LEADERSHIP 31

32 ARE THE RESPONSIBILITIES OF YOUR CHAIR CLEARLY STATED? Does he or she have the support needed to be successful? Do you have a leadership development program to ensure that current and future chairs have the skills needed? 32

33 IN BRIEF: ROLE OF THE CHAIR The Board Chair is: The gatekeeper/facilitator Responsible for the board functioning well The spokesperson for the board The liaison between board and the President 33

34 THE CHAIR IS A. Participative but effective (maintain both order and open discussion) B. Creates a positive and welcoming atmosphere C. Reviews agenda, schedule and needed information with the president or designated staff D. Conducts the flow of business 34

35 KEEPING THE MEETING ON TRACK 35

36 REVIEW OF PARLIAMENTARY PROCEDURES What are Parliamentary Procedures? Robert s Rules of Order Parliamentary Basics Motions Discussion and Debate Presiding Fundamental Rights Published by De Capo Press 36

37 BASIC RULES OF ORDER 1. Follow and respect the rules 2. Agree to disagree without being disagreeable 3. Debate and reflect on issues 4. Respect the consensus and minority voice 5. The vote is the final voice of the board 6. Parliamentarian can help to keep order 7. Respect each other 8. Understand the power of perception 37

38 PUBLIC COMMENTS The term public comment provides sufficient notice of the subject matter of public comment sessions where the general public addresses the Board about its concerns and where the Board does not comment or deliberate. It is not adequate notice if, prior to the meeting, the board is not aware of specific topics to be raised. Houston Community College, Texas 38

39 PUBLIC PARTICIPATION All meetings except for executive sessions are open to the public. The Board may consider items not on the agenda during the meeting. The board; however, will generally not consider any request unless such items are submitted to the president in writing at least 72 hours before the meeting. The board chair, board member, or president may add any item to the agenda for consideration. The board chair may limit citizen comment. Rogue Community College, Oregon 39

40 PUBLIC COMMENTS Each regular business meeting of the Board includes a public comments period in which citizens, group representatives, faculty, staff, or students may make a statement regarding an item on a past or present Board agenda, or any matter relating to the Board's discharge of its educational and financial responsibilities for the College. A person representing an organization will be allowed five minutes; each person speaking as an individual will be allowed three minutes. A total of 16 minutes are allowed for the "Comments Period". This time may be extended for an additional specified period of time by request of the Chair and agreement by two-thirds of Board members present and will be scheduled just before adjournment. Persons wishing to speak may sign up with the Board of Trustees or . Requests must be made no less than 7 days before the public meeting. Eighteen copies of testimony must be provided to the Board of Trustees office at least 20 minutes prior to the start of the public meeting. Montgomery College, Maryland 40

41 DISRUPTION It is a criminal offense for a person, with intent to prevent or disrupt a lawful meeting, to substantially obstruct or interfere with the ordinary conduct of a meeting by physical action or verbal utterance and thereby curtail the exercise of others First Amendment rights. Houston Community College, Texas 41

42 RESPONSE TO COMPLAINTS There is no requirement that the Board negotiate or even respond to complaints. However, the Board must stop, look, and listen. 42

43 A MEETING MANAGEMENT TOOL THE CONSENT AGENDA 43

44 WHAT IS A CONSENT AGENDA? A bundling technique or component of a meeting agenda that enables the board to group routine items and resolutions under one umbrella. There is a general agreement and the items do not require discussion before the vote. A board member may request the removal of an item ahead of time or at a meeting if discussion is needed. 44

45 WHY ARE CONSENT AGENDAS USED? Better governance Save board meeting time & keep things moving Liberate board meetings from administrative details, repetitious discussions, and misdirected attention 45

46 ITEMS INCLUDED IN A CONSENT AGENDA Routine, standard, non-controversial, and selfexplanatory agenda items, such as: Routine items requiring approval by the board Minor changes in a procedure Routine revisions of a policy Updating documents Standard contracts that are used regularly Confirmation of conventional actions that are required in the bylaws 46

47 IMPLEMENTING THE CONSENT AGENDA The board defines what decisions are delegated to the President. The President determines the Consent Agenda for each meeting as needed. The Consent Agenda includes only those completed decision items for which an external force requires board approval. The board approves all items on the Consent Agenda with a single vote. 47

48 WHERE SHOULD THEY BE PLACED WITHIN THE OVERALL MEETING AGENDA? Typically appears near the beginning of the meeting Allows any item removed from the consent agenda to be placed onto the overall agenda for discussion and action later in the meeting As with all formal board action, a quorum must be present to in order for action on the consent agenda items to be legitimate and binding 48

49 HOW CAN CONSENT AGENDAS BE USED EFFECTIVELY? The key to success = provide all consent agenda information to board members well in advance of the meeting. Essential: Board members need ample time prior to a meeting to become familiar with each item on the consent agenda Useful: Have guidelines to clarify which types of items might be appropriate for the consent agenda 49

50 WHEN SHOULD A CONSENT AGENDA NOT BE USED? Only if all members of the board understand and agree to its use It puts more responsibility upon members to prepare prior to the meeting The worst outcome would be to take action on a matter of significant programmatic or legal importance without truly having the board's informed consent 50

51 BOARD MEETING MUST DO S Ensure that board members have minutes, reports and proposed agenda several days in advance. Get in the habit of starting and ending on time. Arrive prepared! 51

52 STATUTORY RESPONSIBILITY Rule #1: Respect the formality of your legal requirements above all. 52

53 PRACTICAL TIPS 1. Don t discuss items not on the agenda. 2. Refrain from haranguing others on an issue. 3. Avoid uncivil or rude body language or comments. 4. Avoid one-on-one discussions with audience. 5. Don t get caught without a policy to limit or deal with attacks on college personnel 6. Don t manage administrative staff. 7. Don t be inconsistent in use of parliamentary procedure. 53

54 CLOSE THE MEETING WITH THE NEXT STEPS Writing the Minutes Why are they important? Conscientious compliance with legal obligations What is included? When should they be distributed afterwards? 54

55 WHAT ARE THE GOALS? 1. Set the right tone 2. Create effective agendas 3. Have sound meeting practices 4. Hear from the public 5. Follow the ground rules 6. Reports from committees 7. Reflect financial and fiduciary responsibilities 8. Foster substantive policy discussions/debate and appropriate actions 9. Represent the college in the public s eyes 10. Reflect the mission of the college! 55

56 MORE RESOURCES Trusteeship in Community Colleges Available from Board retreat information, handouts and further readings and links - See the Resource Library The Consent Agenda: A tool for improving governance The toolkit password is: MEBOef1212 Questions? Contact Dr. Polonio - npolonio@acct.org 56