A-240 Delegation of Authority to the President/District Director

The President/District Director shall be the Chief Executive Officer of the District, shall have charge and control of the District subject to the policies, orders, and Executive Limitations set by the District Board, and shall receive for service such compensation as the District Board shall allow.

The District Board delegates to the President/District Director the executive responsibility for administering the policies adopted by the District Board and executing all decisions of the District Board requiring administrative action. The District Board delegates to the President/District Director the authority to supervise the general business procedures of the College to ensure the proper administration of property and contracts; the budget, audit, and accounting of funds; the acquisition of supplies, equipment, and property; and the protection of assets and persons. All transactions shall comply with applicable laws and regulations.

The President/District Director may delegate any powers and duties entrusted to them by the District Board and be specifically responsible to the District Board for such delegated powers and duties.

The President/District Director is empowered to interpret college policy reasonably. In situations with no college policy direction, the President/District Director shall have the power to act. Still, such decisions shall be subject to the Executive Limitations of this Policy and review by the District Board. The President/District Director must inform the District Board of such action and recommend written District Board policy if one is required.

The President/District Director is expected to perform the duties contained in the job description and fulfill other responsibilities as may be determined in the annual goal setting or evaluation sessions. The District Board shall develop the job description, goals, and objectives for performance in consultation with the President/District Director.

The President/District Director shall ensure that the College complies with all relevant laws and regulations and submits required reports on time.

The President/District Director shall make periodic reports to the District Board and shall keep the District Board fully advised regarding the College’s financial status. The President/District Director shall make available any information or give any report that the District Board requests. Individual District Board member requests for information shall be met if, in the opinion of the President/District Director, they are not unduly burdensome or disruptive to the College’s operations. Information provided to any District Board member shall be available to all District Board members.

The President/District Director shall act as the professional advisor to the District Board in policy formation.

EXECUTIVE LIMITATIONS

The President/District Director shall always act exemplarily and consistently with the responsibilities and expectations vested in that office. The President/District Director shall act consistently with District Board policies and legal, prudent, and ethical practices, activities, decisions, and organizational circumstances.

Accordingly, the President/District Director may not:

• Treat Students, Employees, or persons from the community inhumanely, unfairly, or undignifiedly.

• Make decisions except in an atmosphere where openness is maintained and encouraged.

• Permit financial conditions that risk fiscal jeopardy or compromise District Board priorities.

• Provide information to the community, District Board, or college constituencies that is knowingly untimely, inaccurate, or misleading.

• Permit conflict of interest in awarding purchases or other contracts or hiring Employees.

• Allow the day-to-day operations to impede the vision or prevent the achievement of the mission of the College.

• Manage the College without adequate college procedures for finances, Students, College Premises, and College Resources.

• Fail to take prompt and appropriate action when the President/District Director becomes aware of any violations of any laws, rules, or regulations or any breach of District Board policies.

• Enter any lease or purchasing agreement for any land or facilities nor name facilities or parts of facilities without prior District Board knowledge and authorization.

• Engage in or permit actions that would damage the good name or reputation of the College.

HUMAN RELATIONSHIPS

The President/District Director shall create and sustain an environment for living, working, and teaching that supports the development and realization of human potential and promotes the College’s core values. The president/district director shall treat and deal with Students, Employees, and persons from the College Community humanely, fairly, and dignifiedly.

Accordingly, the President/District Director may not:

Operate without policies or procedures which set forth Employee and Student rules, provide for effective handling of complaint resolutions and protect against wrongful actions against or by Employees or Students.

• Fail to comply with all laws, rules, and regulations about Employees and Students, including those about:

  • Discrimination

  • Equal Opportunity

  • Sexual Harassment

  • Rights of Privacy

• Prevent Students and Employees from using established grievance procedures.

• Fail to acquaint Students and Employees with their rights and responsibilities.

• Fail to maintain confidentiality where appropriate.

COMPENSATION AND BENEFITS

The President/District Director shall maintain fiscal integrity and provide reasonable compensation and benefits to Employees, consultants, and contract workers.

Accordingly, the President/District Director may not:

• Change their compensation and benefits.

• Provide for or change the compensation and benefits of other Employees except per collective bargaining agreements entered by the District Board or under salary schedules and plans adopted by the District Board.

• Promise or imply permanent or guaranteed employment.

• Enter multi-year employment contracts without District Board approval.

• Employ employees who are not adequately certified/certified for the position.

• Propose new salary structures for District Board consideration without conducting an appropriate market analysis of related positions.

• Failure to comply with or subject the College to fines or taxes associated with state and federal laws regulating employee compensation and benefits.

BUDGETING/FORECASTING

Budgeting for any fiscal year or the remaining part of any fiscal year shall follow District Board priorities, control college financial risk, and accurately reflect projections of income and expenses. Budgets will become effective upon approval by the District Board. Policy D-200 – Annual Budget outlines budget development requirements.

Accordingly, the President/District Director shall:

• Propose a balanced budget with supporting information to enable a reasonable projection of revenues and expenses, separation of capital and operational items, and disclosure of planning assumptions.

• Propose a budget within fiscal limitations, which provides the annual funds for District Board operations, such as the cost of the budgetary audit, District Board development and training, and District Board professional fees.

• Propose a budget, within fiscal limitations, which includes adequate amounts for plant and College Premises, maintenance, instructional equipment, new program and course development, Employee development, and institutional advancement.

• Propose an operating budget that meets guidelines established by the District Board and does not exceed any statutory limitations, including the revenue limit imposed under Section 38.16(3), Wis. Stats.

• Propose a capital budget that meets guidelines established by the District Board and is consistent with the requirements of State Statutes and the Wisconsin Technical College System (WTCS) administrative rules and an analysis of the impact of such capital plan on the debt service mill rate.

• Submit any budget changes resulting in increases, decreases, or transfers by fund or function to the District Board for a roll call vote per Section 65.90(5), Wis. Stats. (A two-thirds affirmative vote of the entire membership is required) and cause notice of any such change to be published as required by Section 65.90(5), Wis. Stats. Budget transfers are further defined in Policy D-280 – Budget Management and Transfers.

FINANCIAL CONDITION

The President/District Director shall administer the District Board approved budget without material deviation and protect the College from financial risk.

It is a material deviation to:

• Expend more funds received in the fiscal year without District Board approval.

• Indebt the organization in an amount more significant than:

  • An amount that can be repaid by unencumbered revenues within the current fiscal year or from accounts previously established by the District Board for that purpose.

  • Amounts borrowed through the issuance of general obligation bonds or promissory notes authorized by the District Board per State Statutes.

• Expend funds from restricted or designated accounts except for the purposes for which the account was established without prior District Board approval.

Furthermore, the President/District Director may not:

• Make any purchase:

  • Without prudent protection against conflict of interest.

  • Not per State Statutes or the Wisconsin Technical College Code.

• Accept gifts or grants that obligate the College to make future expenditures of funds or human resources other than those created by the gift or grant without District Board approval or which are not in the College's best interest to accept.

• Failure to maintain a reserve fund balance as determined in Policy D-630 – Fund Balance of General and Special Revenue Funds.

ASSET PROTECTION

The President/District Director shall cause assets to be adequately maintained and protected from unnecessary risk.

Accordingly, the President/District Director may not:

• Fail to insure against theft and casualty losses in amounts consistent with replacement values or against liability losses to District Board members, Employees, or the College itself in amounts consistent with limits of coverage obtained by comparable organizations.

• Fail to ensure that sound internal controls are in place to protect against misappropriation of funds.

• Permit plant and equipment to be subjected to improper wear and tear or inadequate maintenance.

• Unnecessarily expose the College, the District Board, or Employees to liability claims.

• Receive, process, or disburse funds under controls that are not sufficient to meet the auditor’s standards.

• Invest funds in non-interest-bearing accounts or investments not permitted by Wisconsin law. Further, no investments shall be made without consideration of the following principles: safety, liquidity, and yield.

• Acquire, encumber, or dispose of real property (land, buildings, and fixed equipment) without District Board approval.

• Fail to protect property, information, and files from improper use, loss, or damage.

• Dispose of surplus property, with a value exceeding $25,000 per item, without public notice and at less than reasonable value, nor without the approval of the WTCS President/District Director per s.38.14(2) (bm) Wis. Stats.

• Fail to protect the College’s trademarks, copyrights, and intellectual property interests.

COMMUNICATION AND COUNSEL TO THE DISTRICT BOARD

The President/District Director shall keep the District Board adequately informed.

Accordingly, the President/District Director shall:

• Submit data required by the District Board in a timely, accurate, and understandable fashion.

• Make the District Board aware of relevant trends, anticipated adverse media coverage, actual or anticipated legal actions, or material external and internal changes, particularly changes in the assumptions upon which any District Board policy has previously been established.

• Advise the District Board if, in the President/District Director’s opinion, it is not in compliance with its policies on the Governance process and the District Board-Employee relationship, particularly in the case of District Board behavior that is detrimental to the working relationship between the District Board and the President/District Director.

• Present information in an accurate, complete, concise, and not misleading form.

• Provide a mechanism for official District Board, Officer, or ad hoc committee communications.

• Address the District Board on matters within the area of District Board responsibility.

• Report promptly an actual or anticipated non-compliance with any District Board policy.