Imagine that you and a friend co-own a struggling business with three other people and all of you own a 20% share.

The business faces issues with marketing, connecting with customers, selling merchandise and high overhead due to overpaid managers. Then you discover that the general manager has conspired with the three other owners and ordered staff never to speak with you about any problems with the store, customers, merchandise or supply chain under penalty of discipline and possible termination.

While this is absurd in a business context, this is exactly how Yavapai Community College has chosen to operate with the introduction of a new policy by the board that forbids staff and faculty from communicating with the Governing Board members — elected by you, the taxpayers — about anything involving the college or the community outside a formal board meeting. Should a board member bump into a faculty member off campus, off hours at a grocery store, school, church, community gathering, park, trail — or private bedroom, should they be married — the college staffer could face a loss of their livelihood for discussing anything about the college and not ending the conversation immediately.

Watch video of the meeting here. The discussion begins around 1 hour, 8 minutes in.

It’s a profoundly unconstitutional order that violates the free speech rights of private citizens by trying to deny the right of faculty members — who are taxpayerpaid public employees and voters — from communicating with their elected representatives on the Yavapai Community College Governing Board.

As we’ve discussed before, no government body can arbitrarily pass a policy denying an American free speech rights on a whim simply to protect bad choices made by government officials, or stifle an American’s right under the First Amendment to petition representatives of their government for redress of their grievances — i.e., to speak with an elected board member about their concerns with a government agency as a constituent, regardless of their employment with that agency.

Judges do not look fondly on government agencies chilling free speech, which the college should fear far more than what a faculty member might say about a college program or a broken door handle at a college facility.

The question remains as to whether the new board elected in November will toss out this blatantly unconstitutional policy, or whether it will take a terminated employee’s subsequent lawsuit to remind the Governing Board that the First Amendment applies universally, regardless of one’s employment status with a government agency.

But clearly, a college that has failed to serve the needs of students doesn’t have a grasp of basic constitutional law, or it would not attempt to strangle free speech in the throats of faculty members who want to discuss legitimate issues with their duly-elected board members for the benefit of the taxpayers who elected them.

District 1 representative Ray Sigafoos was ousted by Bill Kiel in the Nov. 5 election, and District 4 representative Chris Kuknyo was recently elected to the Yavapai County Board of Supervisors, meaning his seat is open.

Yavapai County Superintendent of Schools Tim Carter is accepting applications to fill that open seat. While we do not cover Chino Valley, if you know someone who lives there with the skills, talent and interest to serve on the board, urge them to apply for the open seat by Monday, Dec. 2.

Hopefully the incoming board, including this new member, will have the wisdom to shut down this policy before litigation by an offending faculty member leads to a costly lawsuit the college will certainly lose, costing taxpayers tens of thousands, if not hundreds of thousands, of dollars in legal fees that could be better spent on programs, facilities and student services.

While the policy will not stop leaks from a sinking ship, it does demonstrate that college administrators are absolutely terrified about what faculty members might say to elected officials.

We must consequently ask, what things the college is trying to keep secret from taxpayers? While Yavapai Community College administrators have stonewalled the media, refusing to speak about myriad problems with the administration, campuses, programs and communication, shutting down public discourse with legally-elected members of a public body demonstrates a whole new level of paranoia unimaginable in any other government agency in Yavapai County or the state of Arizona.

If there are any faculty members who wish to discuss these issues, or any issues involving the college, confidentially, they can contact us anytime at editor@larsonnewspapers.com or (928) 282-7795 ext. 129 to express their grave concerns about problems that should be heard by the Governing Board and taxpayers as a whole.

Christopher Fox Graham

Managing Editor

Fill vacancy on Yavapai Community College’s District Governing Board District 4 seat

Yavapai County School Superintendent Tim Carter has announced a vacancy on the Yavapai Community College District Governing Board for District 4, which includes Ash Fork, Camp Wood, Chino Valley, Coyote Springs, Drake, Juniperwood Ranch, Nelson, Paulden, north Prescott, Seligman, Williamson Valley and surrounding areas:

The opening was created by the resignation of Yavapai College Governing Board Member Chris Kuknyo. His memo of resignation stated, “I am writing to inform you that I will be resigning my position as a member of the Yavapai College District Governing Board effective 12/31/2024. I will be taking on a new role of County Supervisor and feel the new position will require my full attention. I have enjoyed my time on the college board and hope that my perspective brought unique ideas to further the education and lives of the students while being fiscally responsible to the taxpayers. I am proud to have been a part of watching Dr. Rhine “turn the ship around” and look forward to seeing the future she creates with her staff to the benefit of the community. My hope is to continue being involved in the mission of the college through cooperation in my new position. Many needs of the county, economic development, housing, workforce development etc, are currently being addressed at YC and by working together we can strengthen the effectiveness and opportunities to benefit residents”.

If you are interested in filling the vacancy, send a letter of interest and a resume to Tim Carter, Yavapai County School Superintendent, Yavapai County Education Service Agency, 2970 Centerpointe East, Prescott, AZ 86301, Fax 928-771-3329, Email: Tim.Carter@yavapaiaz.gov.

Please include information about yourself, including family, education, and work experience, why you would like to be a board member, your residence and mailing address, your email address, and home/work phone numbers. Candidates may include up to three letters of recommendation of support if they wish.

To be eligible to hold this seat a person must; be a registered voter who resides in District 4, be a citizen of the United States of America, be at least 18 years of age, possess their civil rights, and they or their spouse cannot be employed by the college district. This is a non-partisan seat and the appointment will reflect that statutory requirement.

Deadline for receipt of letters of interest, resumes and letters of recommendation is Monday, Dec. 2, 2024, at 5p.m. As has been the historical precedent for community college appointments, Superintendent Carter will make use of a five-member Candidate Review Committee. Committee members will reside in District 4. They will review letters of interest, resumes, and letters of recommendation. The committee will be made up of a taxpayer, a faculty member, a student, an elected official, and a person who works in the area of workforce development. The committee will decide who to interview, establish interview questions, interview the selected candidates on December 13th, and select candidates for consideration by Mr. Carter. Prior to making the final selection, the Superintendent will meet separately with each of the currently seated Yavapai College Board Members for their input on the finalists.

Members of the public from District 4, will also have an opportunity to email their views of the candidates to Mr. Carter or to meet personally with him for a 10-minute meeting from 9 am to 4 pm on Monday, December16th at the Yavapai County Education Service Agency in Prescott after the finalists have been announced. The meetings will be on a first come, first basis.

The appointment should be announced by Wednesday, December 18th. The term becomes effective on Jan. 1, 2025, and will be valid through Dec. 31, 2026. To continue beyond that date, the successful candidate will need to run for the seat in the 2026 general election for a new six-year term beginning January 1, 2027. If you have any questions, call Carter at (928) 925-6560.