POLICY MANUAL RECOMMENDATIONS

PAGE / SUGGESTION / WHO / Jan Recomend.
6 / Change “Judicial Authority” to “Review/Appeal”
Change first sentence under that to read, “As provided by law, the board acts as a fact finding body or a court of appealdecision making body in some situations where a party makes an appeal to the board or asks for review. / Gary Cordy / Yes
6 / Add reference to ORS 339.430 under “Review/Appeal” / Gary Cordy / Yes
6 / Policy #2 C. – Consider “Examples of thesesuch actions include the following:” and changing “Hear” to “Hearing”, “Review” to “Reviewing” and “Serve” to “Serving” / John Hutzler, ODE auditor / Yes
7 / Policy #2 E. – Could not find ORS 329.111. Should this be 326.111? Suggest identifying whose interpretation this is. Is this from AG, Randy or Jan? / John Hutzler, ODE auditor / Yes
7 / Insert “federal” before “Cash Management Improvement Act” in fourth paragraph / Sue MacGlashan, ODE budget super / Yes
8 / Policy #2.G.2 – References to “Commissioner and the board’s administrator” is not clear. Consider “Commissioner of Community College Services and Superintendent of Public Instruction”. / John Hutzler, ODE auditor / No; Gov’s “best practices” don’t affect the super. Writing out commissioner title, OK
9 / Policy #3 – What this policy really needs is clarification of what is and is not an administrative function. / John Hutzler, ODE auditor / No; this is law section, not interpretative
10 / Policy #4 item 5 – 326.310 provides the Superintendent’s appointing authority is “subject to the State Personnel Relations Law and with the approval of the State Board of Education”. / John Hutzler, ODE auditor / No; legal opinion recommends clearly delegating to super (done on p. 52). If we add this language it is less clear. If the board rejects the language on p. 52, then we could add this w/o risking clarity.
13 / Change second “3” to “4”, then “4” to “5” and “5” to “6” / Nancy Latini / Yes
13 / Add “task forces, work groups” following “subcommittees” in the footnote / McComb / Yes
13 / Policy #7.B – Present language only states generally the requirements for a governing body, without clearly identifying the SBOE as such a body. / John Hutzler, ODE auditor / Yes
13 / Policy #7,B - The statement about subcommittees in the footnote warrants being in the body of the policy. Consider “The SBOE will comply with the provisions of ORS chapter 192, Records, Public Reports, Public Meetings. The SBOE is a governing body of a public body under ORS 192.610, and all meetings of the SBOE shall be open to the public and all persons shall be permitted toattend any meeting except as otherwise provided by law. Subcommittees of the SBOE that are charges with making recommendations as a whole, to the board, are subject to the public meeting law.” / John Hutzler, ODE auditor / Indifferent; if changed, would want to keep the reference.
14 / paragraph 2 – Consider “A quorum of a governing bodythe State Board of Education may not meet in private …” SBOE Policy should be stated specific to SBOE. / John Hutzler, ODE auditor / Yes
14 / Policy #7.C.1 – Consider as the policy “Executive sessions of the SBOE will be held only in strict compliance with applicable law.” The general statement of applicable law could be placed in a footnote. / John Hutzler, ODE auditor / No; adds nothing
14 / Policy #7, C.1 - The third bullet suggests the SBOE has authority to evaluate the performance of the chief executive officer of “any public body”. In fact its authority is limited to ODE and DCCW. / John Hutzler, ODE auditor / Yes; clarify
15 / Policy #7.C.2 – Second paragraph is information only and does not describe SBOE authority, policy, procedure or practice. Should it be stated as SBOE Policy or included as footnote or annotation? / John Hutzler, ODE auditor / No; law IS policy. This same criticism could be made for entire section.
21 / Find citation; may be State Archivist rules for ODE / Gary Cordy / Yes; OAR 166-350-0010
21 / Policy 10 – paragraphs 1 and 3 – Isn’t ORS 192.005 which defines “public recod” the appropriate cite for paragraph 3? / John Hutzler, ODE auditor / Yes
28 / Policy #100.B – This policy refers to “operational procedures”. The Policy and Procedure Manual appears to contain only policies and by-laws. Are there “operational procedures” as well? / John Hutzler, ODE auditor / No; there are operational procedures and more will be added
30 / Policy #101.E.1 – Consider “a ‘work group’ shall include other stakeholders and areis led by staff.” / John Hutzler, ODE auditor / Yes
30 / Policy #101.E.1.a and p.35 Policy#104.A par.3 – Consider “Notification of any such action must be conveyed to all Board members as soon as possible and, unless ratified at the next regular Board meeting, shall become null and void from that date.” / John Hutzler, ODE auditor / No on “asap”
Yes on null and void language w/o “next” in case it doesn’t make it to the next agenda by oversight
31 / Policy #102 – This policy is not clear. Section A indicates the board may elect (discretionary) to have board advisors. Subsection 2 uses “shall” and “will” (mandatory) re selection process. Together they seem to provide that if the board elects to have advisors is must have all 5. Is that the intent? Also, there are two subsections numbered 4. / John Hutzler, ODE auditor / No; I don’t read it that way.
Yes to renumbering.
37, 38 / Policy #105A & #106.A – The Superintendent is identified as the administrative officer of the SBOE. The Board Administrator is not identified. Are they the same or is Jan the Board Administrator? Should Board Administrator be changed to Executive Officer to the Board? Does the Board Administrator or Executive Officer direct support staff? Should this be stated? Is Randy staff to the Board? Is he support staff? Should his role be described? / John Hutzler, ODE auditor / Add a sentence after the first clarifying that the super can delegate this responsibility and has done so. No to the rest.
38 / Policy #106.B – Par. 1 - Consider “Board member developprofessional development opportunities ….” In par. 3 change “gudgeted” to “budgeted”. / John Hutzler, ODE auditor / yes
39 / Delete “and” after “Education Service Districts” and insert “and” after “Private schools” / Sue MacGlashan / Yes
39 / Change 13th bullet to read: Oregon’s 17 Community Colleges through the Oregon President’s Council / Preus-Braly, Green / Yes
40 / Change “than” to “then” on numbered paragraph 1 / Gary Cordy / Yes
47 / OCCURS is directed by an oversight committee comprised of sixteenseventeen members, one representative from each Oregon community college. The Oversight Committee works in coordination with the Office of Community College ServicesDepartment of Community Colleges and Workforce Development to set direction, outcomes and scope of the OCCURS data collection and reporting system. This committee sets timelines and assists in coordination of the efforts of the OCCURS staff, contractors and community college standards committee members in accomplishing OCCURS-related objectives.
The Oversight Committee is responsible to the Office of Community College ServicesDepartment of Community Colleges and Workforce Development at least through . . . / Cam Preus-Braly/Connie Green / Yes
49 / Look in spring 1999 minutes for process / Cam Preus-Braly/Connie Green / Defer to later
51 / Consider “POLICIES RELATING TO THE DEPARTMENT OF EDUCATION”. These are not ODE policies. / John Hutzler, ODE auditor / Yes; make parallel change to CCWD
52 / Delegation of Authority – 3,4,5 - Policies statutorily granted to the Superintendent need not be delegated by the Board. In fact, the Board has no authority to delegate responsibilities not granted to it. Also, re item 3, if the intent here is to delegate to the Superintendent the Board’s statutory authority/responsibility (?) to approve personnel appointments, you may want to seek a legal opinion on whether this responsibility may be delegated. / John Hutzler, ODE auditor / No; all three mention the board in the statute; the point of the wording is to give the board the chance to delegate if it wants to. Have legal opinion recommending delegation for clarity.
53 / Replace “which” with”that” in #3 / Sue MacGlashan / Yes
54 / Replace “under the overall guidance” with “with input from” for clarity / Sue MacGlashan / Yes
54 / #1 - Delete “urgent” before “benchmarks” and add “agency key performance measures” / Sue MacGlashan / Yes; make parallel change to CCWD page 44
General / Replace general references to governing boards to State Board of Education / John Hutzler, ODE auditor / Yes
General / Relegate to footnotes, appendix, annotations, or references material that supports or dictates board policies but is not a direct statement of SBOE policy, procedure, responsibility or action. The inclusion of general statements of the responsibilities of state boards in the body of policies adopted by the Board might require that the Board follow such policies until amended by the Board, even after the underlying statute or rule has been amended or repealed / John Hutzler, ODE auditor / No; people don’t tend to read footnotes, annotations, etc. Law trumps board policy. Book will have to updated when laws change.
General / The use of “shall”, “may”, “must”, “will” and present tense forms of verbs is not clear and consistent throughout the document. / John Hutzler, ODE auditor / Yes, except in law section. There’s a legal preference (not sure what it is at moment).
General / Consider including a more complete history of adoption and revision of policies. / John Hutzler, ODE auditor / Going forward yes; no more complete history at present