Policies

California Community Colleges
Classified Senate (4CS)
Policies

TABLE OF CONTENTS

Board Policies
Chapter 1,
The Organization

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BP 1100 California Community Colleges Classified Senate (4CS)

The organization has been named California Community Colleges Classified Senate.

The name is the property of the Organization. No person shall, without the permission of the Board, use the name of the Organization, or any abbreviation of, to imply, indicate or otherwise suggest that an organization, product or service is connected or affiliated with, or is endorsed, favored, supported, or opposed by, the Organization.

Policy
Category: Governance Process

Adopted: January 29, 2022
(Replaces former Board Policy 1.1)

Revised:

BP 1200 Purpose

The specific purpose of this Corporation shall be to represent the Classified Professionals of the California Community College System for participation in governance and to support the mission of the California Community College System.

• Promote the classified professionals of the California Community Colleges on all non-collective bargaining issues.
• Provide classified professionals with a formal voice in determining institutional policies of statewide concern.
• Make recommendations on statewide matters affecting the California Community Colleges, as appropriate.
• Communicate to the Chancellor of the California Community Colleges the needs, concerns, viewpoints, and recommendations developed by the 4CS.
• Promote and facilitate the sharing of ideas, techniques, and experiences of its members by publishing and distributing bulletins, minutes and other appropriate materials.
• Assist in the development and strengthening of local shared governance bodies, as well as support the formation of local senates.
• Promote and support networking activities.
• Provide an opportunity to develop individual leadership in the classified professionals, and increase the professional standards of its members.
• Address concerns as requested by its membership

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 2.1)
Revised:

BP 1205 Mission

We recognize and value the classified senates’ insight, and advocate for inclusion in governance and active participation in professional development.
The mission is evaluated and revised on a regular basis.

Policy
Category: Governance Process
Adopted: September 2021
(Replaces former Board Policy 2.2)
Revised:

Board Policies
Chapter 2,
Membership

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BP 2100 General Membership

Members of the 4CS are defined as local senates that have a constitution/bylaw on file with the 4CS. A classified senate of a California community college and district classified senates of multi-college districts, or their equivalents, are Member Senates.

The Board of Directors will certify such classified senates as Member Senates upon verification of the following:

• A majority of full-time classified members of a college or recognized center have voted in favor of forming a classified senate.
• The applying senate has a constitution and/or bylaws approved by the classified it represents.

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 3.1)
Revised:

BP 2200 Electorate

• The Electorate has voting rights and shall consist of the Executive Officers, Area Representatives and Delegates from each member senate of the 4CS.

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 3.3)
Revised:

Board Policies
Chapter 3,
Board of Directors

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BP 3100 Board of Directors Qualifications

• Members of the 4CS Board of Directors shall be an active or past member of a classified senate registered with 4CS having their senate’s bylaws and constitutions on file with the organization.

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 3.4)
Revised:

BP 3105 Board Composition

• The Board of Directors shall consist of the 9 executive officers and 18 area representatives. All elected Board of Directors members must retain their classified staff status to continue in office.

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 3.4)
Revised:

BP 3110 Terms

• A term of office is two years for all board of director positions except the President-Elect.
• The President-Elect is a one-year position, and is selected at the beginning of the second year of the president’s term. Members of the Board of Directors except the president, president-elect, and past-president may serve consecutive terms.
• Term limits –
  • Executive officers except for the President can serve two consecutive terms.
  • Area Representatives have no term limit.

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 3.7)
Revised:

BP 3115 Elections

• Members of the board of directors shall be elected at the annual meeting of the Board per the election schedule outlined in the Procedures manual.

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 3.6)
Revised:

BP 3120 Appointment

• Appointed members of the board of directors shall hold office until completion of the term in process or until their successor has been elected, unless they sooner resign, be removed, or become ineligible to continue to serve in such capacity.

Policy
Category: Governance Process
Adopted: January 29, 2022 (Replaces former Board Policy 3.10)
Revised:

BP 3125 Removal

• A member of the Board of Directors may be removed from office for cause following the process outlined in the procedure’s manual for the removal of a member

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 3.8)
Revised:

BP 3130 Resignation

• Any member of the Board of Directors may resign by written notice to the President

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 3.8)
Revised:

BP 3135 Leave of Absence

• Any member of the Board of Directors may request a leave of absence by written notice to the President.

Policy
Category: Governance Process
Adopted: January 29, 2022 (Replaces former Board Policy 3.9)
Revised:

BP 3140 Recall

• Recall of a member of the Board of Directors shall follow procedures outlined in the procedure’s manual.

Policy
Category: Governance Process
Adopted: January 29, 2022
Revised:

BP 3145 Vacancies

• A vacancy in office shall be filled in accordance with the procedure’s manual.

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 3.10)
Revised:

Board Policies
Chapter 4,
Powers and Duties

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BP 4100 Powers

• All the business and affairs of the 4CS shall be managed and controlled by the Board of Directors.

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 3.11)
Revised:

BP 4105 Duties

The Board of Directors will adopt rules of procedure and implement policies consistent with the intent, purposes and provisions of the 4CS bylaws.

• A. President
  The 4CS President is a responsible member of the 4CS organization that provides leadership, organizational oversight, supports the overall mission, uphold the finances, and supervise the Board of Directors roles and responsibilities as it relates to the interests of the organization, along with fulfilling the duties outlined in the Policies and Procedures manual
• B. Regional Vice Presidents
  The 4CS Regional Vice Presidents are the officers of the 4CS organization reporting to the President and are in charge of providing support, mentorship, and training to Area Representatives. The 4CS Regional Vice Presidents hold leadership roles within the strategic goals of the 4CS organization and will be assigned to make important decisions in the absence of the 4CS President/4CS President-Elect, and 4CS Past-President. Along with fulfilling their duties outlined in the Policies and Procedures manual.
• C. President-Elect
  The President-elect shall work closely with the current President and assist in providing overall leadership, organizational oversight, and support of vision and mission, finances, Policies and Procedures manual, goals, and direction for actions for the non-profit organization. Along with fulfilling the duties outlined in the Policies and Procedures manual.
• D. Secretary
  Perform the function of general secretary and may provide administrative support for the Board of Directors. Along with fulfilling the duties outlined in the Policies and Procedures manual
• E. Treasurer
  Perform the function of maintaining all records pertaining to the organization’s financial status. Along with fulfilling the duties outlined in the Policies and Procedures manual
• F. Communication Officer
  The Communication Officer is responsible for assisting the communication activities of the organization, under the direction of the Board of Directors. This includes devising communications strategies and creating content. Along with fulfilling the duties outlined in the Policies and Procedures manual
• G. Past President
  The role of the Past President is to ensure continuity during governance transitions and organizational change, to help ensure the appropriate succession of Executive Officers and Board of Directors, to support the President in his/her role, and to provide continuity to the organization by providing historical context for issues. Along with fulfilling the duties outlined in the Policies and Procedures manual
• H. Area Representatives
  Area Representatives shall provide resources and support for their area colleges and senate leadership to include dissemination and collection of information, mentoring, and training. The Area Representative holds judicious leadership roles within the strategic planning of the 4CS organization and will be assigned duties by the 4CS President and/or designee. Along with fulfilling the duties outlined in the Policies and Procedures manual.
• I. President-Emeritus
  President Emeritus provides a historical perspective in the decision-making process, counsel the Board of Directors in prioritizing the needs of the organization, and are responsible for fulfilling the duties noted in the Policies and Procedures manual
• J. Associates
  The Associates provide support to the success of the organization by taking on special assignments, hold a volunteer role but attend at least two meetings to participate in the decision-making process of the organization.

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 3.11)
Revised:

Board Policies
Chapter 5,
Meetings

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BP 5100 Notice and Place of Meeting

• All meetings shall be scheduled in advance by the Board of Directors except for special circumstances provided for within these bylaws. Notice of all meetings must be sent at least seventy-two hours (72) prior to the date of the proposed meeting to the Board of Directors. The Board of Directors will determine the place and times for each meeting. Meeting times and places shall be made available to the 4CS membership.

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 4.1)
Revised:

BP 5105 Frequency

• The Board of Directors shall meet no fewer than four times each fiscal year. All meetings of the Board of Directors will be held according to the Procedures manual.

Policy
Category: Governance Process
Adopted: January 29, 2022
Revised:

BP 5110 Quorum

• In order to conduct business, the Board of Directors shall consist of a simple majority (50%+1) of Executive Officers and Area Representatives (not including vacancies).

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 4.5)
Revised:

BP 5115 Parliamentary Authority

• The Board of Directors reserves the right to establish meeting procedures for all 4CS meetings. In the absence of specific action by the Board of Directors, Robert’s Rules of Order (latest edition) shall be the designated parliamentary authority for reference at all 4CS meetings.

Policy
Category: Governance Process
Adopted: January 29, 2022
Revised:

BP 5120 Special Meetings

• Special meetings may be called by the President, or by an executive officer to be held at such place and time when needed.

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 4.8)
Revised:

Board Policies
Chapter 6,
Bylaws Establishment, Amendment and Ratification

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BP 6100 4CS Bylaws

• The Board of Directors shall adopt bylaws to establish rules and other provisions for implementing the intent and purpose of this Corporation. The Board of Directors is charged with the responsibility to update and change the bylaws as necessary per Corporation Code. Changes in the number of maximum and minimum numbers of Board of Directors members require membership ratification.

Policy
Category: Governance Process
Adopted: January 29, 2022 (Replaces former Board Policy 6.1)
Revised:

BP 6105 Amendment of Bylaws

• Bylaws consistent with and necessary to implement the organization’s mission may be adopted or amended by the 4CS Board of Directors. Any local member senate or 4CS Board of Directors member may propose bylaw changes to the President. These proposed changes shall be placed on the agenda of the next board meeting for consideration, or at the request of the President be approved by a special vote of the Board of Director members prior to the next Board of Director meeting. The special vote must be documented in writing and the results are to be shared immediately with all Board of Directors members. Special votes may occur providing the vote conforms to the provisions for doing so described in these bylaws, in section “Special Meetings”. Adoption of proposed changes to the bylaws shall require a simple majority (50% + 1) vote of the Board of Directors members. If adopted, the changes shall be implemented into the bylaws immediately. All changes to the bylaws shall be made available to the 4CS membership.

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 6.2)
Revised:

BP 6110 Ratification of Bylaws

• Changes to the 4CS bylaws require ratification by the general membership by a simple majority (50%+1) vote in a special election or coinciding with the annual election as designated by the Board of Directors. All changes shall be implemented immediately and shall be made available to the 4CS membership.

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 6.2)
Revised:

BP 6115 Dissolution Clause

• The 4CS may be dissolved only with the authorization of its Board of Directors given at a special meeting called for that purpose and with subsequent approval by a two-thirds (2/3) vote of the Voting Members. Upon dissolution or other termination of 4CS, all remaining assets of the 4CS, after payment in full of all its debts, obligations, and necessary final expenses, or after the making of adequate provision therefore, shall be distributed to such tax-exempt organizations (with purposes similar to those of the 4CS as shall be chosen by the then existing Board of Directors of 4CS. The 4CS Board of Directors hereby designates the Council for California Community College Staff and Organizational Development (4C/SD) as the recipient of remaining assets upon its dissolution.

Policy
Category: Governance Process
Adopted: January 29, 2022
Revised:

Board Policies
Chapter 7,
Administration

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BP 7100 Conflict of Interest

Upon becoming a member of the Board of Director shall sign a copy of the Conflict of Interest and again annually. A Conflict-of-Interest Policy is a nonprofit requirement per IRS code and should be revisited every 5 years at minimum to review currency.

ARTICLE I

The purpose of this Conflict-of-Interest Policy is to protect this tax-exempt organizations (“the Organization”) interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the Organization or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal law as governing conflicts of interest applicable to nonprofit and charitable organizations.

ARTICLE II

1. Interested Person. Any director, officer, or member of a committee of the board of directors, or his or her spouse, who has a material financial interest (as defined below) in a transaction or arrangement involving the Organization is an “interested person.”

2. Material Financial Interest. A person has a material financial interest if the person has any of the following:
(a) An ownership or investment interest in any entity with which the Organization has a transaction or arrangement.
(b) A compensation arrangement with the Organization or with any entity or individual with which the Organization has a transaction or arrangement;
(c) A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Organization is negotiating a transaction or arrangement.

3. Compensation. “Compensation” includes direct and indirect remuneration as well as gifts or favors that are not insubstantial.

ARTICLE III
Procedures
1. Duty to Disclose. An interested person must disclose the existence of his or her material financial interest and be given the opportunity to disclose all material facts to the directors and to members of committees with the board of directors considering the proposed transaction or engagement, for them to determine whether an actual or possible conflict of interest exists.

2. Determining Whether a Conflict of Interest Exists. After disclosure of the material financial interest and all material facts, and after any discussion with the interested person, he or she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide if a conflict of interest exists.

3. Procedures for Addressing the Conflict of Interest

(a) An interested person may make a presentation at the governing board or committee meetings but, after the presentation, he or she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.
(b) The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.
(c) After exercising due diligence, the governing board or committee shall determine whether the Organization can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.
(d) If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the Organization’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination, it shall make its decision as to whether to enter into the transaction or arrangement.

4. Violations of the Conflicts of Interest Policy.

(a) If the governing board or committee has reasonable cause to believe that a member has failed to disclose actual or potential conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.
(b) If, after hearing the member’s response and after making further investigation as warranted by the circumstances, the governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.

ARTICLE IV
Exception

1. Those transactions set forth in California Corporations Code Section 5233(b) shall not give rise to a conflict of interest. Such transactions include the following:
(a) An action of the board of directors fixing the compensation of a director as a director or officer of the corporation.
(b) A transaction which is part of a public or charitable program of the Organization if it (i) is approved or authorized by the Organization in good faith and without unjustified favoritism; and (ii) results in a benefit to one or more directors or to their families because they are in the class of persons intended to be benefited by the public or charitable program.
(c) A transaction of which the interested person has no actual knowledge and which does not exceed the lesser of one percent (1%) of the gross receipts of the Organization for the preceding fiscal year or One Hundred Thousand Dollars ($500,000.00).
(d) Any transaction or arrangement approved either before or after it is consummated by the State of California Attorney General’s Office, or by a court of law.

ARTICLE V
Records of Proceedings.
The minutes of the board of directors and all committees with board delegated powers shall contain:

(a) The names of other persons who disclosed or otherwise were found to have a material financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, an action taken to determine whether a conflict of interest was present, and the board of director’s or committee’s decision as to whether a conflict of interest in fact existed.
(b) The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, or including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with the proceedings.

ARTICLE VI
Compensation

(a) Except as permitted in Article IV 1(a) above, a voting member of the board of directors who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.
(b) Except as permitted in Article IV 1(a) above, a voting member of any committee whose jurisdiction includes compensation matters and who received compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.
(c) No voting member of the board of directors or any committee whose jurisdiction includes compensation matters and who received compensation, directly or indirectly, from the Organization, either individually or collectively, is prohibited from providing information to any committee regarding compensation.

ARTICLE VII
Annual Statements

Each director, principal officer and member of a committee with powers delegated by the board of directors shall annually sign a statement which affirms such person:

(a) Has received a copy of the conflicts of interest policy;
(b) Has read and understands the policy;
(c) Has agreed to comply with the policy; and
(d) Understands the Organization is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.

ARTICLE VIII
Periodic Reviews

To ensure the Organization operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects:

(a) Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arm’s length bargaining.
(b) Whether partnerships, joint ventures, and arrangements with management organizations conform to the organization’s written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes and do not result in incurement, impermissible private benefit or in an excess benefit transaction.

ARTICLE IX
Use of Outside Experts

When conducting the periodic reviews as provided for in Article VIII, the Organization may, but need not, use outside advisors. If outside experts are used, their use shall not relieve the board of directors of its responsibility for ensuring periodic reviews are conducted.

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 7.1)
Revised:

BP 7105 Administration

• The 4CS Board of Directors will develop procedures by which the Board may conduct business and clearly direct Board member participation.
• Administration Procedures shall not conflict with non-profit regulations or the Bylaws of the organization.

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 7.1)
Revised:

BP 7110 Budget and Use of Funding

• The 4CS will develop procedures for budget, funding and auditing processes to follow non-profit guidelines for appropriate reporting.

Policy
Category: Governance Process
Adopted: January 29, 2022
(Replaces former Board Policy 7.2)
Revised: