Board lawyer says YCC Governing Board years ago delegated all employee hiring (including vice presidents and deans) to President and that delegation was legal — Board may only hire the president
The meaning of Arizona Statute 15-1444 concerning hiring practices at community colleges was a key topic of discussion at the January 14, 2025, Yavapai Community College Governing Board workshop. The statute, cited below, appears to grant the Governing Board authority over hiring decisions.
Despite the language of the statute, the Yavapai Community College Governing Board was advised by its attorney that it had delegated all hiring authority to the college president several years ago. The attorney explained that she had sought clarification on the legality of this delegation from the Arizona Attorney General through a formal letter. While no official opinion was issued, the Attorney General’s response to her inquiry convinced her that the delegation complied with the law. As a result, she concluded that the Board currently has no role in employment decisions beyond hiring the college president.
The remaining question is whether the Governing Board could revoke its previous delegation and assume some involvement in the hiring process.
Ken Burke who hails from Florida, and a consultant from the Association of Community College Trustees, strongly opposed any suggestion of Board involvement in hiring decisions below the level of the college president. He warned the Governing Board:
“As far as accreditation authorities, I can speak with 100% certainty: if trustees got involved in hiring people below the level of president, you would lose your accreditation.”
Burke’s position was echoed by Yavapai College president Dr. Lisa Rhine and Dr. David Borofsky, Executive Director of the Arizona Association of Community College Trustees.
Yavapai Community College (YCC) is accredited by the nonprofit Higher Learning Commission (HLC), a regional accrediting body that evaluates institutional quality and educational programs. Accreditation by the HLC ensures that YCC meets acceptable standards for higher education delivery.
A portion of the discussion at the meeting can be observed below: