Board Nominations

Introduction

The New Brunswick Community Colleges Act (“the Act”) provides that the Lieutenant- Governor in Council shall appoint the following persons to the Board of Governors of NBCC:

One (1) academic staff person, nominated by the academic staff of the College; one (1) non-academic staff person, nominated by the non-academic staff of the College; one (1) student, nominated by the students of the College.

The purpose of this policy is to describe the process by which these individuals will be nominated by their peers. The nominations will be made through an election process as described herein.

Definitions

For the purposes of this Policy:

“Academic staff person” – means a person whose classification falls within the Scientific and

Professional Category of Occupational Groups within the College

“Non-academic staff person “ – means a person whose classification falls within either the Operational Category, the Administrative Support Category or the Management and Administration Category of Occupational Groups within the College

“Student” – means a person who is currently enrolled as a student with the College

NBCC Board of Governors – Responsibilities

Persons who are interested in nominating individuals for election to the NBCC Board of Governors and those who are considering seeking a nomination or agreeing to become nominated should carefully review Appendix A to this Policy for a description of the role of the Board of Governors and the expectations of individual Governors.

Eligibility to Run in the Elections

(a) Academic Staff Persons and Non-Academic Staff Persons

1.   A staff member must be currently employed with the College in a full-time permanent or term position;

2.   Staff members who are members of the Senior Leadership Team or administrative assistants to the Senior Leadership Team are excluded from eligibility to be elected to the Board of Governors. The Senior Leadership Team includes the President, Vice-Presidents, Senior Advisor to the President/Board Secretary and Principals and their administrative assistants.

3.   Staff members (academic or non-academic) who are on the Executive Committee or the Negotiating Team of their bargaining unit are not eligible for election to the Board of Governors.

(b) Students

To be eligible for nomination to the Board of Governors, a student must be (a) 18 years of age or over, (b) a full-time student (more than 15 hours per week), and (c) a student in good standing . Full time students, on the date of election, have the right to vote.

Eligibility to Vote

(a) Staff

Anyone who is eligible to run in an election for nomination to the Board of Governors is eligible to vote in such an election. There is, however, an exception for members of the Senior Leadership Team.  Although they are not eligible to run in the staff election, they are eligible to vote.

(b) Students

Any student who is eligible to run in an election for nomination to the Board of Governors is eligible to vote in a Board election.

Terms of Office

(a) Staff

An academic staff person nominated by the academic staff of the College may be appointed by the Lieutenant-Governor in Council for a term of up to 3 years. That person, if re- nominated by the academic staff through another election, can only be re-appointed by the

Lieutenant-Governor in Council for a maximum of two (2) consecutive terms (i.e. a maximum duration of up to six (6) consecutive years of service on the Board).

A non-academic staff person nominated by the non-academic staff of the College may be appointed by the Lieutenant-Governor in Council for a term of up to 3 years. That person, if re-nominated by the non-academic staff through another election, can only be re-appointed by the Lieutenant-Governor in Council for a maximum of two (2) consecutive terms (i.e. a maximum duration of up to six (6) consecutive years of service on the Board).

(b) Students

A student nominated by the students of the College may be appointed by the Lieutenant- Governor in Council for a term of 1 year. That person, if re-nominated by the students through another election, can only be re-appointed by the Lieutenant-Governor in Council for a maximum of two (2) consecutive terms (i.e. a maximum duration of up to two (2) consecutive years of service on the Board).

Notice of the Election

The Senior Advisor to the President/Board Secretary (“Board Secretary”) will arrange for the posting of printed notices of an upcoming election for the nomination of all or any of an academic staff member, a non-academic staff member or a student in prominent locations in each campus (e.g. notice boards for students, divisions/departments and general campus notice boards). The notice of election will also be posted electronically to the College’s intranet.

The Board Secretary, in consultation with the President, will appoint a Campus Election Officer for each campus location/head office site. The names and contact particulars of the Campus Election Officers will be included in the Notice of Election.

Nominations Process

1.  Each nominee will complete a Nomination Form, which is used as his/her official entry onto the Official Slate of Candidates. The entry provides each candidate with the opportunity to express his/her motivation for seeking the nomination to the Board of Governors and their relevant competencies and attributes.

2.   A Nomination Support Form will be completed and submitted with the Nomination Form. For staff candidates, the Form must bear the signature of their direct supervisor; for students, the Form must bear the signature of their campus principal and faculty member. In both cases, these signatures are intended to confirm that a discussion has take place regarding the time commitment to act as a Governor and that reasonable and workable arrangements have been made to enable the candidate’s participation on the Board should he/she be successful in obtaining a nomination to the Board.

3.   Both the Nominations Form and the Nominations Support Form can be obtained from your Campus Election Officer or from the NBCC website/intranet.

4.   Completed forms should be sent by email (the documents with signatures will need to be scanned and emailed) to your Campus Election Officer by the deadline date. Each Campus Election Officer is responsible for forwarding the completed forms to the Senior Advisor to the President/Board Secretary (“Board Secretary”), who will then add the entry to the Official Slate of Candidates for circulation throughout the College.

5.   All forms must be sent electronically and nominees should note that each entry is copied directly into the Official Slate of Candidates exactly as written – spelling, grammar, punctuation, etc. are not corrected. The Board Secretary has the authority to remove information from the Nomination Form if it is determined to be offensive or in some way contrary to this Policy.

6.   The Official Slate of Candidates will be posted on the NBCC website/intranet. Candidates have the option of including their email addresses on the Nomination Form to facilitate voter questions.

Campaign Guidelines

No Time Off – There will be no time off granted to either voters or campaigners for the purposes of elections for nominations to the Board of Governors. If a candidate arrives at a campus to campaign, no re-arrangement of schedules will be made to accommodate candidate-voter contact.

If a candidate would like to make arrangements to visit a campus outside of regular working and instructional hours, the Campus Election Officer for that location may provide information on how this might be achieved.  Considerations to be borne in mind by a Campus Election Officer include: (a) whether performing this service would assist the students and staff of the campus to make an informed decision in casting their votes, and (b) ensuring that all candidates seeking to make any after-hours visits receive fair treatment.

Campaign Expenses - Candidates will be permitted to submit to the Board Secretary claims supported by appropriate vouchers/receipts (internal/external) covering the cost of production of campaign marketing materials up to $100.00. These claims are to include any costs resulting from the use of College facilities, equipment and photocopying. Candidates are not permitted to use College facilities, equipment, printing or photocopying without paying approved charges. Candidates may incur expenses above $100, to a maximum of $200, at their own expense.

Distribution of Campaign Materials – Candidates have the option to distribute campaign materials; it is not required. Campus Election Officers will designate public areas at the campus where election material can be posted. This will ensure the amount of space being used is not overwhelming, and all candidates will have equal exposure.

Email – Candidates are not permitted to distribute their own campaign material by email. Candidates who wish to have campaign material forwarded to a target audience by email should direct their request for such distribution to their Campus Election Officer. The decision to forward email is at the discretion of the Campus Election Officer, in consultation with the Board Secretary, with consideration given to the College’s Email Distribution Guidelines and efforts to minimize over use or abuse of the email messaging system. Only one email message per candidate will be considered for distribution.

Hard Copies of Materials – Hard copies of campaign materials cannot be posted until the Campus Election Officer for the location in question has reviewed it and approved it.  Such approved campaign material can only be posted by a candidate in the designated areas at campus locations approved by Campus Elections Officer for that particular campus.

The form of hard copy campaign materials is limited to an 8 ½ x 11 inch piece of paper.  The content is at the discretion of the candidate but will be removed/not approved if the Campus Elections Officer determines that the material is offensive or in some way contrary to this Policy.

Election Day – There is to be no “electioneering” at any campus locations on election day(s). “Electioneering includes but is not limited to putting up for display or replacing campaign materials, distributing campaign information (print or electronic), and speaking to members of the electorate with a view to asking them to vote for a particular candidate.

Removal of Campaign Materials – Candidates shall be responsible for removing their campaign materials from campus bulletin boards or other designated areas within forty-eight (48) hours or two (2) business days after the election has ended.

Campus-specific Rules – A Campus Election Officer has the authority to establish campus- specific rules regarding an election; i.e. posting and removing of notices, and the use of campus facilities for speeches or question and answer periods (consult the Campus Election Officer for the campus in question).

Voting Guidelines

The Board Secretary will arrange for the printing of ballots that include the names of all those who remain on the Official Slate of Candidates at the time of the election.

Eligible Voters Lists

A list of eligible academic staff voters will be generated by the Office of the Vice-President, People and Planning.

A list of eligible non-academic staff voters will also be generated by the Office of the Vice- President, People and Planning.

A list of eligible student voters will be generated by the Registrar’s Office.

Voting – A voter is only permitted to cast one vote, and is limited to voting for a person in his/her peer group (as determined by the person’s primary relationship with the College) (i.e. an academic staff member can only vote for an academic staff member).

Election Days – Voting will be scheduled on one or two days set by the Board Secretary and outlined in the Election Schedule.

Poll Stations – Campus Elections Officers will establish a Poll Station(s) on each campus that provide staff and/or students with an opportunity to cast their ballot.  It is the responsibility of each individual voter to take advantage of the opportunity. It is not the responsibility of the Campus Elections Officer to bring staff and/or students to the polls, nor to take the polls to them. Voting will be arranged by the Campus Elections Officer in a manner that ensures there is no interruption in instructional time.

Advanced Polls – The Campus Election Officer, in consultation with the Board Secretary, may set up an advanced poll if he/she feels there is a need for one at his/her particular campus location. Advanced polls must be scheduled no earlier than three (3) business days prior to the scheduled voting date. The Board Secretary must be notified of and approve any advanced voting.  The Campus Election Officer will be responsible for ensuring the security and protection of ballots cast in an advanced poll.

Vote Counting

Ballots are counted by the Campus Election Officer with the assistance of at least one scrutineer. Candidates will be informed of the time and location of the vote count on the campus and may attend to observe the process.

Spoiled Ballots – The Campus Election Officer will rule on the eligibility of any ballot due to improper marking:

Pencil or pen is acceptable

Marks in the square of the candidate for whom the voter intends to vote (an “X”, a check mark, a line, or a shaded-in area are acceptable)

A mark for a candidate in only one of the staff groups, and no mark for any candidate in the other staff

No marks for any candidate

The mark is substantially outside the square space provided

Indication of a vote for more than one candidate in the same staff group

Have any writing or mark identifying group

Marked in such a way as to make it uncertain for whom the voter has voted

Re-count – The Campus Election Officer may perform a re-count at the campus is a written request is made by a candidate within twenty-four (24) hours of the original count, and the margin of votes is 10 or less.

The Board Secretary may perform a College-wide recount if a written request is made by a candidate within twenty-four (24) hours of the conclusion of the original count, and the margin of votes is 10 or less.

Tied Vote - In the event of a tie in the College-wide vote, the Board Secretary will request and oversee a College-wide re-count.  If there remains a tie, the Board Secretary will draw by lot (names in hat) to determine the winning candidate.

Acclamation – Where only one nomination is received from across the College for a particular group, that candidate will be declared elected as the nominee to the Board of Governors from that particular group.

Appeals

Should a dispute arise from the election procedures, the disputant shall bring his/her concerns, in writing within five (5) calendar days of the voting results being released, to the attention of the Board Secretary who, in turn, shall notify the Governance Committee (a standing committee of the NBCC Board of Governors), for the purpose of resolving the issue(s).  Any member(s) of the Governance Committee who is/are affiliated with the group in which the dispute has arisen, shall not participate in the discussion or resolution.  The Governance Committee’s decision shall be final and binding. [Durham College]

Appointment Process

The Board Secretary will present a report on the election process, including the results of the election to the Board of Governors. The Board, through the Board Chair, will then advance the nominations to the Lieutenant-Governor in Council for finalization of the appointment process. This will be done through the office of the Minister responsible for NBCC.

Forfeiture of Office/Mid-Term Vacancies

An academic staff member or a non-academic staff member appointed to the Board of Governors must resign from the Board of Governors in the event that he/she (a) ceases to be employed by NBCC or (b) accepts a position that is excluded from eligibility to serve on the Board of Governors under this Policy. An employee’s term on the Board will not change as a result of a change in position (even between academic and non-academic categories), department or campus location.

A student appointed to the Board of Governors must resign from the Board of Governors in the event that he/she ceases to be a student in good standing with the College.

Mid-term vacancies

1.   At the close of elections, a list in order of candidate finish will be prepared for each nominating group.

2.   Where the incumbent can no longer fulfill his/her term, the position will be declared vacant and the replacement will be the individual with the second highest votes received, and is eligible and willing to serve.

3.   Where there is no candidate eligible and willing to serve, a determination will be made whether a bi-election should be called.

4.   The Board Secretary will assess the circumstances surrounding vacancies and provide the Board with a recommended plan of action.

Post-Election Process Review

The Board Secretary’s report on the election process will be reviewed by the Governance Committee who will determine if any changes to this Policy should be recommended to the Board in an effort to continuously improve the effectiveness and efficiency of the process.

Appendix A – Information on the Role of the Board of Governors and the Expectations of Individual Governors

The Board of Governors of the New Brunswick Community College is legally responsible and accountable for the ongoing success and sustainability of the College and for its pursuit of the objects defined for it in the Act.  The Board is expected to provide strategic leadership and stewardship of the College.

Key governance responsibilities include:

Mission, Vision and Values

Periodically review and continually support the Mission, Vision and Values of the College.

Ensure the NBCC’s values are clearly stated, widely shared and provide a framework for decision-making throughout the College, e.g. code of conduct and conflict of interest policies in place to support values.

Strategic Plans & Corporate Performance

Provide strategic direction in the development, and final approval of the strategic plan for the College. Ensure alignment between NBCC’s Strategic Plan and the Annual Business Plan over time. Approve the annual business planning process. Monitor the performance of the College against its plan(s). Review results of external reviews of our operations and monitor appropriate follow-up plans.

Human Resources Oversight

• Responsible for effective President recruitment, selection, evaluation, development and compensation
• Ensure, through the President, that the College develops and maintains a long- term, comprehensive, human resource plan
• Ensure that policies and systems are in place to foster a learning culture and work environment that attracts and retains talented people
• Ensure that a succession plan is in place for the President’s position and that the President, in turn, has a succession plan in place for senior leadership and other key positions within the College

Financial Oversight

• Monitor and review financial results on a quarterly basis
• Approve annual financial statements from an independent source
• Appoint external auditor annually
• Review and approve material transactions
• Assist in securing appropriate resources for the College, where appropriate

Quality Oversight

Require, through the President, that effective quality assurance programs are in place; periodically review quality reports to monitor trends, gaps and opportunities for ongoing improvement in the College’s programs and services.

Enterprise Risk Management

• Understand the principal risks facing the College and the systems in place to mitigate/manage those risks; some of the specific areas are identified below
• Ensure, through the President, that effective management information systems, processes and internal controls are in place at all levels of the College

Communications, Stakeholder Relations and Accountability

• Ensure that the College has policies and systems in place to:
• protect and continuously enhance the College’s brand and reputation
• maintain strong and effective relations with all stakeholders
• develop and implement an advocacy plan linked to NBCC’s strategic
• priorities
• monitor the effectiveness of the College’s communications and stakeholder relations policies and systems
• At least annually, report to our stakeholders on NBCC’s progress towards all plans (Strategic, Financial, etc.)
• Monitor the College’s compliance with all statutory reporting requirements

Board Governance

• Recruit high quality, diverse and competent leadership for the Board, through a rigorous nominations process, informed by an annual skills gap assessment
• Ensure that directors have a thorough initial orientation followed by ongoing opportunities to increase their capabilities as Governors of the College
• Annually establish goals for the work of the Board and organize/adapt the Board committees and meeting agendas to accomplish these goals
• Annually evaluate the performance of the Board, its Chair and its Committees Foster an effective relationship with the President and recognize the distinct roles of the Board and Senior Management
• Regularly review By Laws, Governance Policies and Board practices in the context of evolving standards of governance in the post-secondary education sector

Responsibilities of Individual Governors

The Board of Governors acts as a collective decision-making body. Governors do not have any individual authority to make decisions on behalf of the College. Individual Governors do, however, have legal duties to live up to during their tenure on the Board and are also expected to participate in and contribute to the Board’s effective and efficient functioning.

The Act provides that a member of the Board of Governors shall, in exercising his or her powers and performing his or her duties,

(a)  Act honestly and in good faith in the best interests of College; and

(b)  Exercise the care, diligence and skill that a reasonably prudent person would in comparable circumstances.

• Members of the Board have a fiduciary duty (i.e. occupy a position of trust) in relation to the College and its assets.  In practical terms, this means that individual Governors are required to:
• Act prudently and reasonably in the best interests of the College as a whole (versus the narrow interests of a particular stakeholder group)
• Place the interests of the College ahead of all other interests
• Avoid any conflicts between personal interests and the interests of the College
• Maintain the confidentiality of Board business
• Support the decisions made by the collective Board pursuant to its decision-making process (even where the individual Governor may have preferred a different outcome)
• Act within the scope of applicable laws, regulations, by-laws and policies
• These obligations apply equally to all members of the Board of Governors, no matter how they came to be nominated to the Board.

General Competencies and Expectations

All Governors are expected to demonstrate the following general competencies:

• Commitment – demonstrates an understanding and commitment to act in accordance with the rules and regulations that govern the Board of Governors; demonstrates dedication and commitment to serve the organization and to work with others; has the ability to commit the time necessary to be an effective Governor
• Visionary and strategic – demonstrates the capacity and ability to work with the Board and the President to shape a shared long-term vision for the College that is linked to the broader educational/training needs of employers and the population; maintains a clear separation between the strategic and policy role of the Board and the day-to-day operational responsibilities of management
• Ethics and values-based – demonstrates and models commitment to high standards of performance, integrity, honest, ethical practice and good governance
• Motivation – demonstrates a high degree of motivation and interest in serving the educational/training needs of students, employers and the Province; must not be driven by a personal agenda, single interest or special purpose group but rather by a desire to advance the best interests of the entire organization
• Objective and open-minded – demonstrates an interest and ability to learn quickly, be open-minded, objective and analytical; has the ability to deal with conflicting goals and competing interests
• Communication and interpersonal skills – demonstrates effective communication skills and the capability to participate effectively in group discussion on complex issues with clarity, diplomacy and credibility; demonstrates the ability to work well with others
• Financial acumen – has the ability to read and understand financial statements; is familiar with budgets and budgeting; recognizes the importance of the long-term financial sustainability of the College
• Continuous improvement – demonstrates a commitment to evaluating the Board’s performance and his/her individual contribution to the Board; helps to set goals to continuously improve the Board’s ongoing effectiveness; proactively develops his/her capacity to be an effective Governor

Time Commitment

(a)  Required:

• One full-day of orientation
• Approximately six (6) regular Board meetings per year (10 a.m. to 3 p.m. on Thursdays in various campus locations around the Province)
• Annual retreat (usually a Friday night and all day Saturday in [name month])
• Membership on one Board standing committee – approximately six (6) meetings per year (mid-morning to mid-afternoon in Fredericton)
• Preparation time for committee and Board meetings
• Attendance at a convocation if requested to represent the Board (half-day in the morning or afternoon)

(b)  Encouraged:

• Attendance at as many College functions as possible (e.g. athletic banquets, student council events, special College social or sporting events, etc.)
• Participation in ad hoc committees
• Annual ACCC conference (on a rotating basis with other board members)

The College will endeavour to accommodate nominated staff members’ attendance at Board meetings by permitting flexible arrangements with respect to the members’ work-related duties where possible. There may be occasions where the nature of an employee’s work- related duties would make it impossible or very difficult for the employee to be absent during regular working hours to attend Board meetings. The person contemplating running for election to the Board should discuss the arrangements that may be necessary with his/her supervisor prior to seeking or agreeing to be nominated. The supervisor will endeavour to be as accommodating as possible without compromising the work done by the unit to which the employee belongs.