Chapter 3358:5-1 College Mission, Vision and Principles; Board Responsibilities

3358:5-1-01 Foundation-college board relationship.

(A) Responsibilities of the college

(1) The college shall share annually with the foundation its strategic plan, institutional priorities and projects, and resource requirements, so that the foundation may represent the direction and needs of the college to donor prospects and align its programs and campaigns consistent with the strategic objectives of the college.

(2) The college shall promptly alert the foundation to prospective gifts, so that each opportunity for enhancing gift potential and donor relations is fully utilized.

(3) The college agrees to cooperate with the foundation in making available office space and equipment and in making available certain of its employees to engage in administrative and support activities for the foundation. These employees shall remain for all purposes employees of the college and subject to all rights and responsibilities of other college employees.

(4) The college shall cooperate with the foundation in the development of the foundation's fundraising programs and campaigns as may reasonably be necessary for the successful conduct of fundraising programs and campaigns.

(5) The college board of trustees shall appoint a trustee to faithfully attend the meetings of the foundation, and to regularly report the actions of those meetings to the board of trustees.

(6) The college shall ensure that the foundation board of directors is covered by directors and officers liability insurance and other liability coverages as appropriate for the operations of the foundation.

(B) Responsibilities of the foundation

(1) The foundation shall raise, invest, and endow funds for specific college purposes in accordance with the laws of the state of Ohio and any applicable federal laws. Such funds collected shall be used to support the mission, vision and priorities of the college and agreed upon by the foundation board of directors and the college board of trustees. The college shall receive the benefit of all funds directly or indirectly raised or generated by the foundation, including the circle of friends.

(2) The foundation shall solicit gifts, where appropriate, in the name of the foundation, on behalf of the college. Correspondence, solicitations, activities and advertisements concerning the foundation shall be clearly discernible as being from the foundation.

(3) The foundation shall conduct its activities in such a manner to maintain its status as a tax exempt, charitable organization under state and federal tax laws.

(4) The foundation shall plan all fundraising activities and the promotion and sponsoring of programs in support of college activities in a manner consistent with the mission, vision, purpose and priorities of the college and in close cooperation with the college.

(5) The foundation shall provide the legal authority for the circle of friends committee to raise funds in support of the Performing arts center, upon approval of the fundraising activities by the foundation. Funds raised will be allocated in keeping with the funding needs of the college. All funds raised by the circle of friends are considered to be foundation funds.

(6) The foundation will assume responsibility for the cost of its variable expenses, including the cost of the audit and the costs of fundraising campaigns and projects. The costs assumed by the foundation will be reflected in the foundation's annual operating budget, which must be approved by the college president and the foundation board of directors.

(7) The foundation agrees to notify, coordinate with, and solicit the comments of the college regarding all significant disbursements and expenditures planned by the foundation on behalf of the college. The foundation shall notify the college, at the earliest possible date, of any proposed purchase of real estate and any significant debt to be incurred for permanent or working capital, and coordinate its efforts with the college.

(8) The foundation shall obtain prior approval from the college before accepting any gift for the benefit of the college that contains restrictive terms or conditions or involves real estate. The coundation will advise prospective donors that any such gifts are subject to the approval of the college under this agreement.

(9) The foundation shall hold, invest, manage and allocate funds and property received in the name of the foundation, and such endowments received in the name of the college and transferred to the foundation to be managed on its behalf and for its benefit, according to their terms. Such endowments shall be separately accounted for and segregated from other funds.

(10) The foundation board of directors will retain their right to refuse any contribution, donation, or gift which comes from a source which, in the foundation board's determination is not in concert with the foundation's mission or its inherent legal, moral, and ethical standard.

(11) The foundation shall have an accounting system in place to ensure financial activities are carried out and reported in accordance with generally accepted business and accounting practices.

(12) The foundation shall have an annual audit of its financial activities by a certified public accountant in conjunction with the annual college audit.

(13) The books, records, documents, and procedures and practices of the foundation relevant to or affecting this agreement shall be subject to inspection by the college at reasonable times.

(14) The foundation shall provide an annual report to the college, including but not limited to. the activities, programs, holdings, investments, income, and fiscal operations of the foundation.

(15) The foundation will consult with the college before any changes in the nature, scope or purpose of the foundation are made. The foundation shall provide the college president with an advance copy of any amendments, additions, or deletions to the foundation's bylaws.

(C) Relationship between the college and the foundation

(1) The college acknowledges and accepts the separate and independent nature of the coundation. and the foundation acknowledges and accepts the separate and independent nature of the college. Each agrees to cooperate with the other in the advancement, achievement, and support of the educational and cultural programs and services of the college.

(2) The foundation shall be solely responsible for the satisfaction of its own obligations, debts, liabilities, and judgments. The foundation shall not use funds belonging to the college, and managed by the foundation on its behalf for the satisfaction of any such obligation, debt, liability or judgment.

(3) The college shall maintain, at all times, all necessary policies of insurance for the benefit of the foundation board of directors.

(4) The college shall establish and enforce policies and procedures that support the foundation's ability to protect the confidentiality of donor records. All information about donors, prospective donors, gift data, campaign assignments and notes, donor correspondence and related information is the confidential property of the foundation, whether maintained in paper or electronic form, or maintained on servers and equipment owned by the college, in accordance with the laws of the state of Ohio.

Effective: 10/15/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 3/18/15

3358:5-1-02 Political candidates and issues.

(A) It shall be the policy of Clark state community college not to endorse political candidates nor to take positions on political issues, except when direct community college interests prevail.

(B) Clark state community college will not take a position on any matter of political or public controversy; however, college facilities may be utilized for political forums by individual candidates for the public purpose.

(C) An individual or group of the college is free to take a position on any matter but expression of that position must be taken in such a way that it is not being carried on by or in the name of the college.

(D) Personal letters or statements of the staff, faculty, or student body may not use the mantle of the college's name to support or gain wider circulation of the views.

Repalces: 3358: 5-1-02

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 3/13/78, 7/1/98

3358:5-1-03 Board of trustees regular meetings and executive sessions.

(A) Pursuant to section 121.22 of the Revised Code as amended by Amended Substitute Senate Bill 74 of the 111th General Assembly and by Amended Substitute Senate Bill 150 of the 117th General Assembly, the board of trustees of Clark state community college reaffirms its policy of taking all official action in public meetings and of conducting deliberation of official business in open sessions unless the subject matter is specifically excepted by law.

(B) A duplicated calendar of regularly scheduled meetings noting the date, time, and place of such meetings is and shall continue to be available to all persons requesting a copy. In addition, the announcement of each regular meeting is continuously posted on bulletin boards in the building housing the office of the board. Tentative agendas are available upon individual request to the secretary of the board of trustees five days prior to the scheduled meeting. Any person may, upon request for notification of all meetings at which specifically identified public business is to be discussed and upon payment of a reasonable fee which the board may establish, obtain reasonable advance notification of all such meetings provided such person makes the request in writing and encloses a self-addressed stamped envelope.

(C) The date, time, place, and purpose of special meetings will normally be announced at the preceding regular meeting. With the exception of an emergency requiring official action, no less than twenty-four hours advanced notice will be given to news media that have requested notification. In emergency situations, requesting news media will be informed immediately by the secretary of the board.

(D) The board of trustees reserves to its discretion the holding of executive sessions at regular and/or special meetings only after a majority of a quorum of the board of trustees determines, by a roll call vote, to hold such a session and only for the sole purpose of the consideration of any of the following matters:

(1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of an employee, or to investigate charges or complaints against an employee, unless such employee requests a public hearing. The motion and vote by the board of trustees to hold an executive session pursuant to this paragraph shall state which one or more of the approved purposes listed in this paragraph are the purposes for which the executive session is to be held, but need not include the name of any person to be considered at such meeting.

(2) To consider the purchase of property or the sale of property by competitive bidding.

(3) To confer with the board's attorney concerning disputes that are the subject of pending or imminent court action.

(4) To prepare for, conduct, or review negotiations or bargaining sessions with employees concerning their compensation or other terms and conditions of their employment.

(5) To maintain confidentiality required by federal law, rules, or state statute.

(6) To discuss security arrangements where disclosure might reveal information that could be used for the purpose of violating the law, or avoiding prosecution for a violation of the law.

(E) If the board of trustees holds an executive session to consider any of the matters listed in paragraphs (D)(1) to (D)(6) of this rule the motion and vote to hold that executive session shall state which one or more of the approved matters listed in those paragraphs are to be considered at the executive session.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 6/29/88

3358:5-1-06 Mission, vision, and guiding principles.

(A) Mission - To serve a diverse population of learners by providing access to high-quality, learning-centered education and services while fostering individual and community success

(B) Vision - Clark state will build a community that empowers individuals to experience intellectual growth by creating opportunities for them to be accepted, challenged, held accountable, rewarded, and transformed.

(C) Guiding principles - We believe in the power of education to change people's lives.

(1) Learning - We value the use of best academic practices and resources to create a learning community that challenges, transforms, and empowers students and employees.

(2) Community - We trust, respect, and care for people with whom we work and serve.

(3) Partnerships - We foster collaboration to address student and stakeholder needs and to contribute to the economic and social well-being of our region.

(4) Innovation - We push the boundaries of creativity.

(5) Diversity - We welcome all individuals to create an inclusive environment.

Replaces : 3358: 5-1-06

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 7/1/98, 6/1/02, 11/14/07, 7/13/12

3358:5-1-07 Contracting authority resolution.

(A) The president of Clark state community college, or his/her designee appointed in writing, is authorized to execute and deliver, in the name of, on behalf of, and as the act of the college, deeds, conveyances, notices, leases, checks, drafts, bills of exchange, warrants, promissory notes, bonds, debentures, contracts, and other papers and instruments in writing as may be authorized for execution and delivery by the board of trustees of the college.

(B) The president of Clark state community college, in addition to the vice president of advancement and the vice president of business affairs, is authorized to receive and accept (federal and other) grant awards and subsequent amendments on behalf of the college.

(C) Upon request of a contracting party, the secretary of the board of trustees of the college may certify to the requesting party the adoption and existence of these resolutions.

(D) The authority conferred to the president of the college or his/her designee by these resolutions shall remain in full force and effect until revoked or modified by the board of trustees of the college in writing.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 5/30/03

3358:5-1-10 Strategic plan.

(A)

(1)

(2)

(3)

(4)

(5)

(6)

Goal 1: Increase enrollment, student success, engagement, retention and completion.

(1) Implement an advising model that increases student preparedness, retention and completion.

(2) Develop comprehensive first year experience that encourages student success, engagement, retention and completion.

(3) Create academic pathways and articulations that are responsive to workforce needs.

(4) Increase student access by developing a strategic enrollment management plan.

(B)

Goal 2: Improve communication and collaboration within the college and with our diverse communities, businesses, and industries.

(1) Enhance awareness and visibility of Clark state via strategic marketing and comprehensive promotion campaigns.

(2) Increase communication and community stakeholder engagement.

(3) Develop opportunities for collaboration and engagement among faculty, staff, students and alumni.

(4) Leverage technology to increase communication and collaboration, both internal and external to the college.

(C)

Goal 3: Develop quality academic, community and support programs by creating an innovative learning environment.

(1) Restructure and redesign developmental education.

(2) Identify and provide resources for teaching and learning for academic and instructional support.

(3) Provide professional development that facilitates teaching and learning, and improves programs and services.

(4) Create partnerships with business and industry to align and advance college programs in a competitive global economy.

Effective: 10/30/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 358
Prior Effective Dates: 10/14/02, 11/4/07, 7/13/12, 3/18/2015

3358:5-1-11 Governance commitment.

(A) The board, on behalf of residents of the Clark state community college service area, will exercise its statutory authority to assure that Clark state community college fulfills its mission. It will do this by leading Clark state sommunity college with a strategic perspective, rigorously attending to its leadership role and the continuous improvement of its capability as a body to define values and vision.

(B) As the responsible governing authority, the board of trustees will conduct itself so as to:

(1) Demonstrate a spirit of collaboration and mutual purpose in advancing the mission of the college;

(2) Serve as a unified and harmonious voice in promoting the college's purpose and vision; and

(3) Serve as an informed representative of the interests of the people of its service area.

Replaces: 3358: 5-1-11

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02

3358:5-1-12 Board governing style.

(A) The board will be actively involved in the governance of the college, being proactive rather than reactive, staying adequately informed on relevant issues, and approaching its task with a style which emphasizes outward vision rather than an internal preoccupation, encouragement of diversity in viewpoints, strategic leadership more than administrative detail, clear distinction of board and president roles, collective rather than individual decisions, and future rather than past or present thinking.

(B) More specifically, the board will:

(1) Operate in all ways mindful of its civic trusteeship obligation to the citizens of its district.

(2) Enforce upon itself whatever discipline is needed to govern with excellence. Discipline will apply to matters such as attendance, policy-making principles, respect of roles, speaking with one voice, and adherence to ethical practices.

(3) Keep adequately informed about relevant global and local educational and other issues, actively gathering information to fulfill this role.

(4) Direct, control and inspire the organization through the careful establishment of the broadest organizational values and perspectives through written policies.

(5) Focus chiefly on intended long-term impacts on the world outside the organization (ends), not on the administrative or programmatic means of attaining those effects.

(6) Be an initiator of policy, not merely a reactor to staff initiatives. The board, not the staff, will be responsible for board performance.

(7) Use the expertise of individual members to enhance the ability of the board as a body, rather than to substitute their individual values for the group's values.

(8) Monitor and discuss the board's own process and performance. Within this context, the board commits to the continuous improvement of its governing processes and for the growth and development of each trustee.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior effective date: 10/14/02

3358:5-1-13 Board responsibilities.

(A) The board is to make certain contributions which lead the organization toward the desired performance. The board's specific contributions are unique to its trusteeship and necessary for proper governance and management.

(B) Consequently, the contributions of the board shall:

(1) Be the link between the college and the communities it serves and be accountable to the general public for competent, conscientious, and effective accomplishment of its obligations as a body.

(2) Write governing policies which, at the broadest levels, address:

(a) Strategic planning goals: impacts, results, benefits, and outcomes (what good for which needs at what cost).

(b) Executive limitations: constraints on executive authority which establish the prudence and ethics boundaries within which all executive activity and decisions must take place.

(c) Governance process: specification of how the board conceives, carries out, and monitors its own task.

(d) Board-president relationship: how power is delegated and its proper use monitored.

(3) Monitor presidential job performance against all policies and presidential job performance and outcomes , organizational accomplishment of board policies on strategic planning , and organizational operation with the boundaries established in board policies on executive limitations.

(a) Interface appropriately with the legislative process.

(b) Support financial resource development.

(c) Take positions on appropriate public policy issues.

(d) As specifically provided by the Ohio Revised Code, perform the following duties:

(i) Appoint the president and establish his/her salary and terms of contract.

(ii) Upon the recommendation of the president, take action upon the following personnel matters:

(a) Appointments of all regular faculty and exempt employees;

(b) Terminations;

(c) Non-renewal of contracts;

(d) Layoffs and/or reductions-in-force;

(e) Promotions

(iii) Take action on financial matters as specified in the policies: asset protection, financial planning, and financial condition.

(iv) Approve the adoption of new one-year certificate and associate degree programs and the discontinuation of existing one-year certificate and associate degree programs.

(v) Grant appropriate associate degrees to students successfully completing two-year technical programs and certificates to those students successfully completing one-year certificate programs.

(vi) Prescribe policies for the effective operation of the college, including rules and regulations for the utilization of buildings and grounds by other public agencies, and exercise such powers as are necessary for the efficient management of the college.

(vii) Adhere to all Ohio Revised Code regulations regarding powers and duties of board of trustees, including but not limited to the purchase of appropriate insurance policies as required by section 3358.08 of the Revised Code; adherence to depositories, investment of funds policies, and audit as prescribed by section 3354.10 of the Revised Code; and acquisition of auxiliary or education facilities and control issuance of obligations as prescribed by section 3354.121 of the Revised Code.

Effective: 10/15/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02, 3/18/15

3358:5-1-14 Board operations.

The board will operate in a consistent manner, following the policies detailed herein, and unless otherwise noted, adhere to these operational proceedings:

(A) The board will establish an annual meeting schedule at the annual organizational meeting.

(B) At the annual organizational meeting, to be held as part of the January board meeting, the board shall elect a chair, a vice chair, and a secretary.

(C) The board, when it is found to be in the best interest of the college service district, may, by a majority vote, suspend its rules and take statutorily authorized action overriding previously adopted policy.

(D) The agenda will be set by the president in collaboration with the board chairperson.

(E) The board shall designate up to ten minutes for public comments on any subject relevant to the work of the board in regularly scheduled meetings. The "public" shall be defined as constituent groups external to the college. Citizens may register with the secretary, indicating their desire to speak, at least twenty-four hours prior to the commencement of the meeting. Those registered to speak will do so in the order in which they register; speakers will identify themselves and limit their remarks to five minutes per person for a maximum of ten minutes per subject.

Effective: 10/15/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 3/18/15

3358:5-1-15 Board members' code of conduct.

The board expects of itself as a whole, and of its members, ethical and professional conduct. This commitment includes proper use of authority and appropriate decorum in group and individual behavior when acting as board members.

(A) Board members must represent unconflicted loyalty to the interests of the ownership.

This accountability supersedes any conflicting loyalty such as that to advocacy or interest groups and membership on other boards or staffs. This accountability supersedes the personal interest of any board member acting as an individual consumer of the college's services.

(B) Board members must avoid any conflict of interest or appearance of conflict of interest with respect to their fiduciary responsibility. Board members shall conduct themselves at all times in compliance with section 102.03 of the Revised Code, governing restrictions on public officials, and section 2921.42 of the Revised Code, governing unlawful interests in public contracts.

(1) There shall be no self-dealing or conduct of private business or personal services between any board member and the college. Conduct of private business or personal services between any board member and any public agency other than the college shall be in compliance with section 102.04 of the Revised Code.

(2) Board members must not use their positions to obtain employment in the college for themselves, family members, or close associates.

(3) Should a board member be offered and accept employment with the college, he or she shall resign from the board.

(4) Board members shall file the financial disclosure statements required by the Ohio Ethics Commission in a timely manner each year.

(C) Board members may not attempt to exercise individual authority over the college except as explicitly set forth in board policies.

(1) Board members' interaction with the president or with staff must recognize the lack of authority in any individual board member or group of board members, except as noted in this rule.

(2) Board members' interaction with the public, press, or other entities must recognize the same limitation and the similar inability of any board member or board members to speak for the board.

(3) The board of trustees will always speak officially as one voice. Individual board members may not exercise, nor attempt to exercise, any authority over the board or the college, except as specifically provided by board policies.

(4) Although the board expects its members to represent diverse opinions and viewpoints and encourages them to express their ideas and thoughts at board meetings, individual opinions shall not be presented to the public as official board positions, policies, or actions.

(5) Board members are required to be punctual and prepared for all meetings, and they are expected to participate productively in board discussions.

(6) Board members are required to attend three-fifths of all regular and special meetings, as required by paragraph (A) of section 3.17 of the Revised Code.

(7) Board members will make no judgments of the president or staff performance, except as that performance is assessed against explicit board policies by the official process.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02

3358:5-1-16 Chairperson's role.

(A) The chairperson is elected at the first regularly scheduled meeting of the calendar year by fellow board members. The chairperson may only serve in three consecutive years.

(B) As the elected leader of the board, the chairperson shall maintain the integrity of the board's process and represent the board to outside parties. The chairperson, or the chairperson's designee, is the only board member authorized to officially speak for the board. The chairperson shall ensure that the board and individual board members act consistently with the board's own rules and policies and those legitimately imposed upon the commission from outside the college. The chairperson shall:

(1) Preside at board meetings in an efficient and effective manner and set the general tone for each meeting through positive leadership.

(2) Ensure that discussion at board meetings is limited to those issues which, according to board policy, belong to the board to decide.

(3) Ensure that deliberations are fair, open, and thorough, but also efficient, timely, orderly, and to the point.

(4) Strive to achieve consensus among members on board decisions by stimulating a thorough discussion of the issues.

(5) Appoint a governance committee of the board to monitor such issues.

(C) The chairperson shall have the following additional responsibilities:

(1) Ensure that other board members are informed of current and pending board issues and processes.

(2) Appoint members of committees established by the board.

(3) Ensure compliance with all required duties imposed by law, including, but not limited to:

(a) Signing all official documents and contracts on behalf of the college as required by applicable law or regulation or as authorized by the board.

(b) Executing all necessary legal documents in the name of the board for the recovery of damages, money, penalty, forfeiture, or for other legal action.

(D) The chairperson is authorized to use any reasonable interpretation of the provisions in governance process and board-president relationship policies in carrying out his/her role. The chairperson is responsible for the board-president relationship and shall communicate and interact with the president. However, since the president is responsible to the entire board, the chairperson has no authority to unilaterally supervise or direct the president.

Effective: 10/15/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02, 3/18/15

3358:5-1-18 Board evaluation.

The Board will evaluate:

(A) Board policies - Board governance policies will be reviewed and updated as necessary.

(B) Board governance process - The board will evaluate its compliance with the governance process and the board-president relationship policies.

(C) Board and presidential annual goals - The board will review board, college, and presidential goals annually. Presidential goals are derived from college goals.

(D) Presidential performance - The board will review and evaluate the president's performance at the May board meeting.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02

3358:5-1-19 Board annual calendar.

(A) Each calendar year, a board annual calendar shall be developed.

(B) The calendar shall be approved by the board at the reorganization meeting in January and posted in the LRC.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02

3358:5-1-21 Presidential responsibilities.

(A) The president or his/her designee is the board's only link to operational achievement and conduct, so that all authority and accountability of staff, as far as the board is concerned, is considered the authority and accountability of the president.

(B) Consequently, the president's responsibilities can be stated as performance in the following major areas:

(1) Organizational accomplishments of the provisions of board policies on strategic planning goals.

(2) Organizational operation within the boundaries of prudence and ethics established in board policies on executive limitations, and within state and federal statutory and regulatory requirements.

(3) Compliance with the content of the president's job description and contract.

(4) Effective and timely communication with the board of trustees in a form and manner agreed upon between the president and the board of trustees.

Effective: 10/15/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02, 3/7/05, 3/18/15

3358:5-1-22 Presidential code of conduct.

As chief executive officer of the college, the president shall not:

(A) Cause or allow any practice, activity, decision, or organizational circumstance which is illegal, imprudent, or in violation of commonly accepted business and professional ethics;

(B) Exhibit unprofessional conduct nor bring discredit or embarrassment to the college;

(C) Use the college for personal gain or gain for the president's immediate family.

Replaces: 3358: 5-1-22

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02

3358:5-1-23 Monitoring presidential performance.

Systematic and rigorous monitoring of presidential job performance will be against all policies and presidential job outputs: organizational accomplishment of board policies on strategic planning goals, organizational operation, and state funding formulawith the boundaries established in board policies on executive limitations.

(A) The purpose of monitoring is simply to determine the degree to which board policies, goals, strategic directions, strategic initiatives, and one- to three-year plans are being fulfilled. Monitoring is critical to keeping the board informed and provides a mechanism for board feedback to the president. Monitoring will be as automatic as possible, using a minimum of board time so that meetings can be used to create the future rather than to review the past.

(B) A given policy may be monitored in one or more of three ways:

(1) Internal reports which disclose compliance information to the board from the president. Internal reports may include, but are not limited to:

(a) Graduation placement reports

(b) College surveys/community surveys

(c) Assessment of student learning

(d) Financial reports

(e) Student enrollment reports

(f) College strategic plan and related reports

(g) Foundation board initiatives and reports

(h) Institutional data collection

(i) Monitoring reports as required by the board

(2) External reports which disclose compliance information by an external auditor or other persons or entities external to the college. External reports may include, but are not limited to:

(a) Audit reports

(b) Licensing examination results

(c) Accreditation reports

(d) Transfer data

(e) State/federal entities' data

(f) Reports from the Ohio board of regents

(g) Community surveys/marketing studies

(h) Master capital plan

(3) Direct board inspection which includes compliance information from a board member, a committee, or the board as a whole. This includes inspection of documents, activities, or circumstances, as directed by the board, which allows a "prudent person" test of policy compliance.

(C) Upon the choice of the board, any policy can be monitored by any method at any time. For regular monitoring, however, each strategic planning goal and executive limitations policy will be classified by the board according to frequency and method.

(D) Each year the board will have a formal evaluation of the president. This evaluation will consider monitoring data as defined here, or as established at the previous year's evaluation.

Effective: 10/15/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02, 3/7/05, 3/18/15

3358:5-1-24 General executive requirements.

(A) The president shall act at all times in an exemplary manner consistent with the responsibilities and expectations vested in that office. The president shall act in a manner consistent with college policies and with those practices, activities, decisions, and organizational circumstances which are legal, prudent, and in accordance with commonly accepted business and professional ethics.

(B) Accordingly, the president shall not:

(1) Cause or allow actions toward students, faculty or staff which are inhumane, unsafe, unfair, undignified, discriminatory, or illegal.

(2) Permit conflict of interest in any action taken by the college.

(3) Manage the college without adequate administrative policies for instructional services, student services, administrative and financial services, human resources, marketing, continuing education, workforce development, and economic development.

(4) Fail to take prompt and appropriate action when he/she becomes aware of any violation of any laws, rules, regulations, or any breach of college policies or contracts.

(5) Allow applicable local, state, and federal laws, rules, and regulations to be violated.

Replaces: 3358: 5-1-24

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02

3358:5-1-25 Communication and counsel to the board.

(A) Inasmuch as the board of trustees cannot responsibly discharge its statutory duties and obligations without accurate and timely information, it shall be the responsibility of the president to assure that the board is provided with all relevant reports, documents, and other materials required for informed decision-making. The president shall also serve as principal counsel to the board on issues, challenges, and matters affecting the college, the board itself, and higher education in general.

(B) To this end, the president shall not:

(1) Submit information and reports which are incomplete, inaccurate, misleading, or unnecessarily vague or complex.

(2) 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 which is detrimental to the working relationship between the board and the president.

(3) Fail to inform the board of actual or anticipated litigation, specific community concerns, the possibility of adverse media coverage, significant trends, and internal or external changes.

(4) Fail to deal with the board as a whole when fulfilling individual requests for information except when responding to officers or committees duly charged by the board.

(5) Fail to marshal for the board as many staff and external points of view, issues, and options as needed for fully informed board choices.

(6) Fail to provide a mechanism for official board, officer, or committee communications.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02, 3/7/05

3358:5-1-26 Treatment of faculty, staff and students.

(A) Faculty and staff treatment

(1) With respect to treatment of faculty and staff, the president will assure that conditions are humane, safe, fair and dignified and do not violate state or federal law, or board and college policies. The president shall foster an environment in which faculty and staff may express controversial or opposing ideas and opinions without fear of recrimination or retribution.

(2) Accordingly, the president shall not:

(a) Operate without personnel procedures which clarify personnel rules for faculty and staff, provide for effective handling of grievances, and protect against wrongful conditions.

(b) Fail to allow the college faculty and staff to communicate through his/her office with the board on relevant college issues and concerns, nor fail to facilitate and expedite such communications.

(c) Fail to give due and proper consideration to broad-based community concerns and issues related to the college.

(d) Fail to acquaint faculty and staff with their rights under this policy.

(B) Student treatment

(1) With respect to treatment of all students, president will assure that conditions are humane, safe, fair and dignified and do not violate state or federal law, or board and college policies. The president shall foster an environment in which students may express controversial or opposing ideas and opinions without fear of recrimination or retribution.

(2) Accordingly, the president shall not:

(a) Operate without student procedures which clarify students' rights, responsibilities, and rules for students, provide for effective handling of grievances, and protect against wrongful conditions.

(b) Fail to allow the students to communicate through his/her office with the board on relevant college issues and concerns, nor fail to facilitate and expedite such communications.

(c) Fail to acquaint students with their rights under this policy.

Replaces: 3358: 5-1-26

Effective: 10/14/2002
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02

3358:5-1-27 Compensation and benefits.

(A) The president shall maintain fiscal integrity with respect to employment, compensation, and benefits to employees, consultants, and contract workers.

(B) Accordingly, the president shall not:

(1) Change his or her own compensation and benefits.

(2) Promise or imply permanent or guaranteed employment.

(3) Recommend for employment any individual, firm, or vendor who represents a conflict of interest as defined in the Ohio Ethics Laws, Chapter 102. of the Revised Code; or pay fees that are unreasonable or inappropriate for the services rendered.

(4) Establish current compensation and benefits which:

(a) Fail to take into account the geographic or professional market for the skills employed.

(b) Create obligations over a longer term than revenues can be safely projected.

(c) Are instituted without prior monitoring of these provisions.

(5) Establish deferred or long-term compensation and benefits which:

(a) Cause unfunded liabilities to occur or in any way commit the organization to benefits which incur unpredictable future costs.

(b) Shall not discriminate in the level of benefits to all full-time employees, though differential benefits to encourage productivity and longevity in key employees are not prohibited.

(c) Allow any employee to lose benefits already accrued from any foregoing plan.

(d) Are instituted without prior monitoring of these provisions.

(e) Violate law or regulation.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02, 3/7/05, 4/13/05

3358:5-1-28 Financial planning/budgeting.

(A) The president shall be responsible for adequate and appropriate long- and short-term financial planning. The president shall assure that budgeting for any fiscal year or any part thereof shall not deviate materially from the ends statements, strategic initiatives and priorities of the board or risk the financial stability of the college. The budget shall govern all transactions involving the college's financial obligations and shall be comprised of budget categories recognized and accepted by the state of Ohio and the Ohio board of regents. No budget will become effective until approved by the board of trustees.

(B) The president therefore shall not:

(1) Endanger the fiscal soundness of future years or ignore the building of organizational capability sufficient to achieve ends in future years.

(2) Fail to submit to the board for approval an annual budget which is based upon realistic projections of revenues and expenditures.

(3) Plan the expenditure for current operating purposes in any fiscal year of more funds than are conservatively projected to be received in that period.

(4) Fail to propose a budget that takes into account board priorities, discloses planning assumptions and separates capital and operational items.

(5) Fail to propose a budget that includes adequate funding for instructional programs, academic support, student services, faculty and staff development, institutional support, facilities maintenance, technology, and debt service.

(6) Fail to propose a budget that complies with all state and federal statutory and regulatory requirements or violates any loan agreement or covenant.

(7) Fail to propose an annual allocation plan for use of reserve funds.

Replaces: 3358: 5-1-28

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02

3358:5-1-29 Financial condition.

(A) The president shall administer the board-approved budget without material deviation and shall strive to strengthen the college's financial condition.

(B) Accordingly, the president shall not:

(1) Expend more funds than the board-approved budget.

(2) Use money from reserve funds not provided for in the current allocation plan.

(3) Allow cash-on-hand to fall below that amount necessary to meet payrolls and other financial obligations in a timely manner.

(4) Fail to inform the board if college revenue falls below the amount stated in current budget.

(5) Knowingly allow government-mandated payments or filings to be overdue or inaccurately filed.

(6) Allow the reserve funds to fall below a reasonable level. A target of fifteen per cent of the operating budget has been established for reserve funds.

(7) Permit any purchase in excess of twenty-five thousand dollars without receiving proper quotes and/or bids as required by the Ohio Revised Code. The college's internal regulations will be followed for any purchases falling below twenty-five thousand dollars.

(8) Allow a composite score of less than 2.50 for two consecutive years using the standard set of measures as determined by the Ohio board of regents and contained in Senate Bill 6.

(9) Permit the expenditure of money or making of any contract unless there is attached thereto a certificate of the fiscal officer in compliance with section 3358.06 of the Revised Code and division (D)(1) of section 5705.41 of the Revised Code.

Replaces: 3358: 5-1-25

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02, 5/30/03, 12/31/03, 1/1/04, 10/24/06

3358:5-1-30 Asset protection.

(A) The president shall ensure that the assets of the college are maintained and protected from unnecessary risk. This shall include updating the fraud risk assessment instrument every two years, reviewing actions taken with the board finance and facilities committee, and discussing with the external auditor at the audit exit conference.

(B) Accordingly, the vice president for business affairs shall not:

(1) Fail to insure against theft and casualty losses to at least eighty percent replacement value and against liability losses to board members, faculty, staff, or the organization itself in an amount comparable to similar community colleges.

(2) Fail to adequately bond all persons who have access to college funds and monies, nor allow unbonded personnel access to college funds and monies.

(3) Unnecessarily expose the college, its board and its faculty and staff to claims of liability.

(4) Acquire, encumber or dispose of land and/or buildings without board approval and Ohio Revised Code compliance. Additionally, the college shall follow Ohio Revised Code procedures for the disposal of other surplus property.

(5) Fail to present to the board annually a three-year renewal and replacement schedule for capital assets.

(6) Fail to protect the college trademarks, copyrights, and any other interests the college may have.

(7) Allow the investment of funds in violation of the procedures set forth in the Ohio Revised Code.

Effective: 10/15/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02, 7/12/11, 3/18/15

3358:5-1-31 Emergency executive succession.

In order to protect the college and its board from sudden loss of presidential services, the president will have no fewer than two other executive staff members familiar with board and presidential issues and procedures. The president will present to the board a recommended line of interim leadership. Should there be a personnel change among leadership, the president will ntify the board and update the recommended line of interim leadership.

Effective: 7/6/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 10/14/02, 03/18/2015

3358:5-1-32 Financial reporting.

(A) The Clark state community college board of trustees shall be furnished with timely and meaningful information concerning the financial condition of the college.

(B) The preparation and presentation of the financial information shall be the responsibility of the vice president for business affairs/treasurer.

(C) The financial information provided to the board of trustees shall include:

(1) Quarterly statement of income and expenses for all accounts within the adopted budget and presented in a format consistent with the adopted budget.

(2) Quarterly schedule of expenditures by object code for all accounts within the adopted budget.

(3) Quarterly balance sheet.

(4) Quarterly statement of restricted income and charges.

(D) Any necessary administrative guidelines needed to implement this policy shall be established by the college administration.

Effective: 10/15/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358.
Prior Effective Dates: 3/18/15