2 Chancellor Limitations and Interpretations

2.0 General Chancellor Constraint - Chancellor Limitation and Interpretation

Chancellor Limitation

The Chancellor shall not cause or allow any practice, activity, decision, or organizational circumstances that are unlawful, imprudent, or in violation of commonly-accepted higher education, business, and professional ethics and practices.

AMENDED February 22, 2011, Motion No. 9781, 9782

Chancellor Interpretation

I interpret this policy to mean that the District shall have multiple measures of internal controls in place in order to increase employee awareness of expected professional and ethical practices and to conduct oversight to mitigate the occurrence of unlawful and imprudent activity.

Compliance will be demonstrated when:

  1. 90% of all employees have completed mandatory training on Public Sector Employment and Public Stewardship & Ethics.
  2. Practices, activities, decisions or organizational circumstances that are found to be unlawful, imprudent or in violation of law, policy or regulation are addressed accordingly as outlined by law or the respective job policy group manual.

REVISED November 26, 2013

 

 

2.1 Treatment of Students - Chancellor Limitation and Interpretation

Chancellor Limitation

With respect to treatment of students, or those applying to enroll as students, the Chancellor shall not cause or allow conditions that are unfair, undignified, unsafe, untimely, or unnecessarily intrusive.


AMENDED October 22, 2013, Motion No. 10112
AMENDED February 22, 2011, Motion No. 9781, 9782

 

Chancellor Interpretation

I interpret this policy to mean that compliance will be demonstrated when:

  • The District operates with written policies and procedures for all students regardless of race, gender, ethnicity, age, orientation, religion, disability or other protected status and that set forth student conduct expectations and responsibilities while providing for effective handling of grievances and appeals.
  • 100% of students shall have access to the written policies and procedures (either electronically or in hard copy format) of the district that set forth expectations for student conduct and responsibilities, and that address the treatment of students including regulations for Student Rights & Responsibilities and that provide for effective handling of grievances and appeals, Student Records, Non-Discrimination policies. These relevant policies that directly impact students are referred to as the Catalog Common Pages.
  • 100% of employees that have access to student data and information as part of their job duties and responsibilities shall be trained in the provisions of the Family Educational Rights and Privacy Act (FERPA) and other rules that pertain to the protection of personally identifiable information such as Red Flag Rules.

Compliance will also be demonstrated when conditions that are unfair, undignified, unsafe, untimely or unnecessarily intrusive are dealt with quickly and effectively.

REVISED November 26, 2013
ADOPTED May 24, 2011, Motion No. 9814

2.2 Treatment of Faculty and Staff - Chancellor Limitation and Interpretation

Chancellor Limitation

With respect to the treatment of faculty and staff, and in compliance with all federal and state laws, the Chancellor may not cause or allow conditions or procedures that are unfair, unsafe, or undignified.

AMENDED October 22, 2013, Motion No. 10112
AMENDED February 22, 2011, Motion No. 9781, 9782

 

Chancellor Interpretation

I interpret this policy to mean that it is the responsibility of Maricopa executives, supervisors and employees to work together to create, and maintain a workplace where all employees feel safe, supported, able and accountable to do their best work.

Compliance with this interpretation will be demonstrated when:

  • Written policy manuals for all employee groups are adopted through a collaborative process.
  • Policies and Regulations are adopted that govern a fair and equitable workplace including those related to equal employment opportunity, workplace violence, whistleblower protection and disability accommodations
  • The District follows an Affirmative Action Plan
  • Employees have access to an ombudsman and anonymous reporting service
  • Employees are provided with access to relevant policies that relate to equal employment opportunity, Title IX, OSHA, sexual harassment and general employee and District policies and procedures.

Compliance will also be demonstrated when conditions that are unfair, unsafe, or undignified and that have been noticed and substantiated through established grievance and notification processes are addressed in a timely and effective manner.

REVISED November 26, 2013

2.3 Interactions With the Public / Other Constituents - Chancellor Limitations

With respect to the District's interactions with constituents in its respective communities, the Chancellor shall not cause or allow procedures, decisions, or interactions that are unfair, undignified, or unresponsive.

AMENDED February 22, 2011, Motion No. 9781, 9782

2.3
Interactions With the Public / Other Constituents - Chancellor Interpretation

I interpret this policy to mean that the District Office and the Colleges will engage with the citizens of Maricopa County and community partners as appropriate through such measures as community advisory councils/committees and community forums that seek to gather input; and shall respond to concerns and complaints through formal and informal mechanisms that are either outlined in policy or via web allegations such as the Chancellor's webpage or the informal services of the Citizen's Ombudsperson.

Compliance will also be demonstrated when procedures, decisions or interactions that are unfair, undignified or unresponsive have been noticed through established and substantiated through established grievance processes are addressed in a timely and effective manner.

REVISED November 26, 2013

2.4 Financial Condition and Activities - Chancellor Limitations

With respect to the actual, ongoing financial condition and activities, the Chancellor shall not cause or allow the development of fiscal jeopardy, non-compliance with local, state or federal laws, or a material deviation of actual expenditures from the Board's Outcomes priorities.

AMENDED October 22, 2013, Motion No. 10112
AMENDED February 22, 2011, Motion No. 9781, 9782

2.4
Financial Condition and Activities - Chancellor Interpretation

I interpret this policy to mean that the District will operate within a system of internal controls. Compliance is demonstrated by following Generally Accepted Accounting Principles and when the following activities occur:

  1. No expenditure for funds of more than has been received and carried forward in the fiscal year.
  2. No occurrence of inter-fund transfers in amounts that would cause a deficit fund balance in any fund.
  3. No occurrence in any fiscal year of District expenditures or indebtedness in an amount that reduces the ending General Fund balance to less than ten percent of General Fund revenues recognized during the fiscal year without Governing Board approval.
  4. Payroll and other District debts or obligations are settled in a timely manner. Timeliness is contingent upon the transaction.
  5. Tax payments or other government-ordered payments or filings are submitted accurately and on time.

AMENDED May 22, 2018, Motion No. 10567
AMENDED by Direct Chancellor Approval, June 16, 2015
REVISED November 26, 2013
ADOPTED May 24, 2011, Motion No. 9814

2.5 Asset Protection - Chancellor Limitation and Interpretation

Chancellor Limitation

The Chancellor shall not cause or allow institutional assets to be unprotected, inadequately maintained, or unnecessarily risked.

AMENDED October 22, 2013, Motion No. 10112
AMENDED February 22, 2011, Motion No. 9781, 9782

Chancellor Interpretation

I interpret this policy to mean that the MCCCD will be operated with an adequate system of internal controls, both accounting and administrative and that are sufficient to meet generally-accepted accounting principles and auditing standards. Compliance will be met when:

  • An organizational governance structure is implemented that allows for independent assessment & reporting to the Chancellor or the Board as appropriate. This includes mechanisms to identify when conditions exist and processes for the institution to respond appropriately.
  • Investment or reinvestment of moneys received by the District will occur in a manner allowed under the laws of the State of Arizona.
  • The District's public image, its credibility are not endangered.

REVISED November 26, 2013

2.6 Financial Planning and Budgeting - Chancellor Limitation and Interpretation

Chancellor Limitation

Financial planning for any fiscal period may not deviate from the Board's Outcomes priorities, risk fiscal jeopardy, and/or fail to be derived from a multi-year strategic/operating plan focused on Outcomes achievement.

AMENDED October 22, 2013, Motion No. 10112
AMENDED February 22, 2011, Motion No. 9781, 9782

Chancellor Interpretation

I interpret this policy to mean that that the financial planning and budgeting — decision-making process will align with the Governing Board Outcomes to ensure implementation and monitoring at a level with expected performance and within the established financial goals for the institution. Further, the monthly, quarterly and annual finance reports to the Governing Board will provide evidence that by establishing and monitoring specific and measurable financial strategic goals on a coordinated, integrated basis, we enable the Maricopa Community Colleges to operate efficiently and effectively to insure financial viability and stability.

In addition, I interpret this policy to mean that expenditures will not occur in any fiscal year of more funds than are conservatively projected to be received or carried forward in that period.

I will maintain a General fund balance of at least ten percent of projected General Fund revenues and address the identification and pursuit of new and existing revenue sources, and enhancement of cost-effectiveness, as part of multi-year planning.

 

AMENDED May 22, 2018, Motion No. 10567
REVISED November 26, 2013

2.7 Staff Compensation and Benefits - Chancellor Limitation and Interpretation

Chancellor Limitation

The Chancellor shall not fail to implement an employee classification and compensation strategy, and benefit plan that align with MCCCD's Compensation Philosophy and complies with local, state or federal laws. Further, the Chancellor shall not fail to attract, retain, and promote a high-quality diverse workforce through competitive and progressive pay structures and benefit practices that are externally competitive at the market median, internally equitable, and support a fiscally responsible pay and benefit program.

AMENDED May 25, 2021
AMENDED October 22, 2013, Motion No. 10112
AMENDED February 22, 2011, Motion No. 9781, 9782

Chancellor Interpretation

I interpret this policy to mean that it is the responsibility of the District to create, implement, and maintain externally competitive and internally equitable classification and compensation multi-year plan that is aligned with the District's Compensation Philosophy, in compliance with applicable laws, is fiscally responsible at the 50th percentile of the market, and attracts, retains, and promotes a high-quality diverse workforce, and an employee benefits program that is externally competitive, fiscally responsible and encourages and supports wellness and well-being.

Compliance with employee compensation will be demonstrated through internal or external assessment of best practices and regularly scheduled quality reviews and analysis of our identified peer comparators. Compliance will also be demonstrated by instituting internal controls to monitor allowance of additional compensation earned by employees (i.e., secondary pay lines) and through annual progress reports to the Board in April of each year.

Compliance with employee benefits will be demonstrated through benefit survey participation and review, in conjunction with counsel of our employee benefits consultants who advise on best practices related to plan design, cost analysis and wellness program offerings.

AMENDED May 25, 2021
REVISED November 26, 2013

2.8 Communication and Counsel to the Board - Chancellor Limitation and Interpretation

Chancellor Limitation

The Chancellor shall not allow any practice, activity or condition that causes the Board to be uninformed or unsupported in its work.

AMENDED October 22, 2013, Motion No. 10112
AMENDED February 22, 2011, Motion No. 9781, 9782

Chancellor Interpretation

I interpret this policy to mean that I will inform the Governing Board of matters that directly impact their statutory responsibilities as policy makers and trustees.

Compliance will be met through a variety of means such as holding one on one meetings with Board members, by distributing quarterly reports and newsletters, operational reporting at monthly Board meetings and as appropriate, guidance during Executive Sessions.

REVISED November 26, 2013

2.9 Operational Succession Planning - Chancellor Limitation and Interpretation

Chancellor Limitation

The Chancellor will not permit the organization to be without sufficient capacity for the competent operation of the District - including, but not limited to, its management and governance - to continue in the event of sudden loss of services of the Chancellor or other key personnel.

AMENDED October 22, 2013, Motion No. 10112
AMENDED February 22, 2011, Motion No. 9781, 9782

Chancellor Interpretation

I interpret this policy to mean that in order to protect the Board from unexpected loss of chief executive services, I shall have no fewer than two other senior staff sufficiently familiar with Board and Chancellor issues, plans, problems, and processes to enable either to take over with reasonable proficiency as an interim successor.

Compliance will be met by the formation of a succession team comprised of two College Presidents, the Executive Vice Chancellor & Provost, the Vice Chancellor for Business Services, the Vice Chancellor for Human Resources and through quarterly meetings with that team.

REVISED November 26, 2013

2.10 Public Safety - Chancellor Limitation and Interpretation

Chancellor Limitation

With respect to maintaining a safe learning and working environment, the Chancellor may not operate without a department of public safety.

AMENDED October 22, 2013, Motion No. 10112
AMENDED February 22, 2011, Motion No. 9781, 9782

Chancellor Interpretation

I interpret this policy to mean that District standards of practice for the Department of Public Safety will be established and adhered to at each college. The Department of Public Safety and particularly sworn officers will not violate professional standards as set forth under Arizona law and those promulgated by the Arizona Peace Officer Standards and Training Board (AZPOST). Employees, students, and, as appropriate, visitors, will receive communications that violence, threats, harassment, intimidation, and other disruptive behavior in District facilities will not be tolerated, and it is the responsibility of all members of the Maricopa Community Colleges to report any occurrence of such conduct, or threats, or acts of physical violence of which he/she is aware.

Compliance will be demonstrated when Public Safety Manuals are accessible to all Public Safety staff, College Presidents and Vice Presidents of Administration and the number of sustained complaints and law suits against Public Safety employees reported to colleges, the hotline, HR Department, and Legal Services is routinely maintained and reported on a quarterly basis.

Compliance will also be demonstrated when threats to public safety have been identified and substantiated through established processes and are addressed quickly and effectively.

REVISED November 26, 2013