Resolution 1.05

Subject:  Board Policy 2005

Date:  November 8, 2005


Mover:  Kelly Locke

Division/Department:  Math/Science


Seconder: Jennifer Fellguth

Division/Department: Counseling/Library


Passed:  Unanimously


Whereas, The Board Policy 2005 was amended on 4-6-98 to add “The Board reserves the right not to accept recommendations.”


Whereas, Title 5, Section 53203 (a) states:  The governing board shall adopt policies for the appropriate delegation of authority and responsibility to its college academic senate.


Whereas, Title 5, Section 53203 (b) states:  In adopting the policies described in section (a), the governing board or designees, shall consult collegially with the academic senate.


Whereas, “Consult Collegially” is defined by Title 5 to mean that the district governing board shall develop policies on academic and professional matters through either or both of the following:

  1. Rely primarily upon the advice and judgment of the academic senate, OR
  2. The governing board, or its designees, and the academic senate shall reach mutual agreement by written resolution, regulation, or policy of the governing board effectuating such recommendations.


Whereas, the Hartnell College Board of Trustees has chosen option 2 above as the definition of “consult collegially.”


Whereas Title 5, section 53203 (d) states:  The governing board shall adopt procedures for responding to recommendations of the academic senate that incorporates the following:

  1. When the board elects to provide for mutual agreement with the academic senate, and an agreement has not been reached, existing policy shall remain in effect unless such policy exposes the district to legal liability or fiscal hardship.  In cases where there is no existing policy, or when legal liability or fiscal hardship requires existing policy to be changed, the board may act, after a good faith effort to reach agreement, only for compelling legal, fiscal, or organizational reasons.


Whereas, Title 5, Section 53203 (c)states:  While consulting collegially, the academic senate shall retain the right to meet with or appear before the governing board with respect to its views and recommendations.  In addition, after consultation with the administration, the academic senate may present its recommendations to the governing board.


Whereas, The Academic Senate did not reach mutual agreement on the above said addition to Board Policy 2005.


Whereas, in accordance with above referenced regulations the Board must reach mutual agreement with the Academic Senate when changing any policy that concerns the Academic Senate.


Resolved, that the Academic Senate for Hartnell College finds Board Policy 2005 out of compliance with Title 5 and requests that the above sentence be stricken from board policy.