Minutes 01/25/2005

An executive session and regular meeting of the Maricopa County Community College District Governing Board was scheduled to be held at 5:30 p.m. at the District Support Services Center, 2411 West 14th Street, Tempe, Arizona, pursuant to A.R.S. §38-431.02, notice having been duly given.

PRESENT

GOVERNING BOARD

Don Campbell, President
Scott Crowley, Secretary
Ed Contreras, Member
Linda Rosenthal, Member
Jerry Walker, Member

ADMINISTRATION

Rufus Glasper
Steve Helfgot
Debra Thompson
Jose Leyba
Maria Harper-Marinick
Darrel Huish for Ron Bleed
Pete Kushibab
Mary Kay Kickels
Larry Christiansen
Ken Atwater
Art DeCabooter
Homero Lopez
Gene Giovannini
Anna Solley
Linda Thor
Alberto Sanchez for Phil Randolph
Maria Hesse

CALL TO ORDER

The regular meeting was called to order at 6:30 p.m.

EXECUTIVE SESSION

The executive session was called to order by President Campbell at 5:30 p.m.

PLEDGE OF ALLEGIANCE

The assembly pledged their allegiance to the United States of America led by Governing Board Member Scott Crowley.

President Campbell requested a moment of silence in honor of Mrs. Barbara Hitchcock, former 16-year board member and first female board member, who passed away this week.

Prior to proceeding with the Governing Board Meeting Agenda, President Campbell offered the following remarks in terms of what his intentions were during his year of presidency. "Most of you are aware that last year we successfully passed a $951 million bond issue which is the highest ever passed in the State of Arizona by any college or school system and is a strong indication of the confidence the citizens of Maricopa County have in the Maricopa Community College District for service they have accomplished in the last 40+ years and currently at ten colleges and two skill centers. There are currently in the neighborhood of 270,000 students attending the Maricopa Community Colleges and we are the largest community college system in the United States and this is something that we need to be proud of. My intention is to continue moving positively with the quality education we have been providing to the citizens of Maricopa County."

CITIZEN'S INTERIM

The following citizens came forward. These minutes reflect summarized/paraphrased comments of their full remarks:

Samuel Esquivel, LULAC State Director: Mr. Esquivel informed the Board that he had been involved in recent discussions with Hispanic Coalition Members and had heard concerns from other leaders about the behavior of one particular board member, specifically Linda Rosenthal, and the interference in the operations of the community colleges, for instance having an office at Phoenix College which results in the undermining of the president and staff and displays lack of confidence in staff. The LULAC organization is very concerned about this behavior and he personally will be pressing for the recall of Mrs. Rosenthal.

Clorinda Q. Lozano, Member of LULAC, Far West Region: Ms. Lozano was present to read from a letter written by the League of United Latin American Citizens, Far West Region. She stated that their organization was the nation's largest and oldest Hispanic organization whose mission was to advance the economic condition, educational attainment, political influence, health, and civil rights of the Hispanic population in the United State. Ms. Lozano was here representing the Far West Regional National Vice President David Rodriguez who was writing regarding the termination of Corina Gardea from her post as President of Phoenix College. Their office had received many e-mails and telephone calls from students, members, and community leaders concerning the transfer of Ms. Gardea. As a national organization LULAC has a duty and responsibility to investigate incidents and cases where discrimination and bias is being alleged, particularly in institutions supported by public funds and grants. She stated that in response to requests from community leaders, they had determined that there would be a formal review of this matter and their organization had taken steps to do so. For over 75 years their organization has fought for the civil rights of individuals. They will review the equity and fairness of actions taken. The community will seek answers. Their name and the LULAC seal has special meaning for all who care about the civil rights of individuals. She stated that the actions of the Chancellor and Board have disgraced the Maricopa Community College District and were asking for the immediate return of the recent award presented to Dr. Glasper on behalf of LULAC which bears their name and seal. For him to keep this award would be an injustice to their members who defend the civil rights of individuals.

Eva Fatigoni, Taxpayer, Alumna and parent of two ACE students: Ms. Fatigoni commented that the main reason she was present this evening was because of the inappropriate hiring of Chancellor Glasper, the discrimination running rampid on the campuses, and the discriminatory scrutiny and dismissal of President Gardea which is the result of the lack of democracy within the Maricopa District which is the biggest problem. The fact remains that some individuals, namely Linda Rosenthal, who use anonymous letters of complaint and use their presence on the Governing Board to manipulate individuals to further their own purposes, greed, and further fulfill their own unsatisfied lives. She stated that as a community they were not going to allow this As an alumna, a parent, and a knowledgeable taxpayer she would present a vote of no confidence for this board until the lack of democracy was restored. They believe, however, that this board are intelligent, fair-minded people who may believe that Dr. Gardea is wrong, and that Maricopa could be run without democracy or accountability and could result in the public's determination to recall a self-serving public leader like Rosenthal. The recent lack of action at Glendale Community College regarding a faculty member just condones the legacy of discrimination within the Maricopa District. She remarked that their money was wanted but didn't want their leadership. The creation of a pseudo Latino Advisory Board and the hiring of a self-serving Latino consultant continues to ensure that community buy-in is assured to acquire more money but do not do anything about inappropriate discriminatory processes, inadequate resources, and loss of students. She stated that this was ludicrous and Maricopa should be ashamed of itself. This type of governing will backfire on the Board and Maricopa will hope that this was all just a bad dream because the public will decide. Aggressively the public will guarantee that the Board govern the district with a democratic process, otherwise it will be a complete disconnect with the spirit with which the students and residents of Maricopa County are served. Last but not least, please beware of the warning according to Eisenhower, "beware, lest your campuses become weapons of mass distraction and destruction, rather than the vital institutions of learning which they should be." She stated, "Look around, this room is filled with people who you are charged to serve. You will not get rid of us but our will shall prevail."

Daniel Nunez, Phoenix College Student: Mr. Nunez disclosed his dissatisfaction with Chancellor Glasper's decision to not renew Dr. Corina Gardea's contract as Phoenix College President and failure to acknowledge students that Phoenix College is designed to serve. He stated that Dr. Gardea has been very involved at Phoenix College and has enhanced the quality of student achievement at Phoenix College through her diligence and the positive development of Phoenix College programs. He stated that the Chancellor's decision will have a negative impact on enrollment of Hispanic students. There is a hostile environment at the Maricopa Community College against Hispanics. (Mr. Nunez's complete comments are included in this board meeting packet.)

Manuel B. Frias, Hispanic Education Coalition: Mr. Frias commented that as everyone had already heard, the expressed concerns of the reassignment or non-continuing relationship of Dr. Gardea is part of a much broader issue dealing with policy and micromanaging from a policy perspective. A Chancellor was hired to conduct the business of the colleges and as long as this individual is present this will continue to occur. He remarked that institutional racism against people of color continues to exist as demonstrated by the Glendale Community College faculty member and even though Mr. Frias understands academic freedom, he strongly suggests that the administration take a look at what is going on. He stated that the organization should return to the status it used to enjoy and that it is important that it function as a body of many and not as a body of one. There is a need to come together as a body of trustees exercising best policies. He expressed to Dr. Glasper that they understand the dilemma but he has the responsibility and only he will be held accountable.

Silverio Garcia Jr., Arizona Escuelas.Com: Mr. Garcia stated that he has been in instrumental in pursuing numerous civil rights lawsuits against school districts and that the Maricopa Community College District Board needs to listen to the Hispanic community.

Rosie Lopez, Arizona Hispanic Community Forum: Ms. Lopez commented that as a very politically involved citizen, she was here to voice her concern about educational concerns for students and MCCCD employees, MCCCD policies and procedures, and MCCCD needs being met in a positive fashion. (A copy of Ms. Lopez's complete comments are included in this board meeting packet.)

Esther Duran Lumm, Hispanic Education Coalition: Ms. Lumm came forward to read a letter to the MCCCD Governing Board from the members of the Arizona Hispanic Education Coalition on behalf of its members which include the Phoenix College Associacion of Latino Estudiantil, ASU Faculty Members, State and Phoenix College AACHE, Mesa Association of Hispanic Citizens, Arizona Hispanic Education Coalition, CPLC, Friendly House, State LULAC, State/Phoenix College/Glendale Community College/ASU MECHA, Phoenix College Faculty Members, Sereno Group, and Valle del Sol. The letter expressed support for Dr. Corina Gardea, President of Phoenix College and displeasure with the Chancellor's unjust, biased action against her by setting numerous unmeasurable goals in order to accuse her of failure to attain these goals. Dr. Gardea was chosen after a fair, open, and legal national job search in which she was deemed one of the top three candidates out of hundreds of applicants. She was ultimately hired as president of Phoenix College because she was and is the best fit for the makeup of this community college's needs. The Chancellor's action confirms a particular disrespect and ongoing systemic disregard for the educational and occupational needs of the Hispanic community. The fact that this District has decreased the numbers from four Hispanic four presidents and one vice chancellor to one real Hispanic president is the reversal of diversity progress at MCCCD. To rectify such blatant discriminatory action, the District must restore Dr. Corina Gardea to a position and status equivalent to the presidency she has so successfully carried out. The damage inflicted by the Chancellor's actions at the college must be rectified by an aggressive, concerted effort to increase the hiring of Hispanic faulty, staff, and other administrators along with a fair balance of other people of color as per the population MCCCD serves. The Chancellor and Board Members were compelled to undertake diversity training, particularly focusing on respecting and understanding the Hispano community. This coalition believes that Chancellor Glasper has been manipulated by the 2004 Board President Linda Rosenthal who has repeatedly pushed her personal agenda by micromanaging in an unprofessional, negative, and subversive manner that reveals her true profound sense of sound judgment and malicious intentions to discredit people she cannot control. The Coalition is here this evening to give Dr. Gardea her full support and inform the MCCCD Board that this Coalition intends to seek remedies through varied investigative, legislative, legal, and federal funding until a more just, equitable, and non-discriminatory atmosphere within this college district.

Jim Lugo, Glendale Community College: Mr. Lugo offered a welcome to new board member Jerry Walker and stated that it was unfortunate that his first meeting was under these conditions not caused by him but rather other board members' actions. It was his hope that with Mr. Walker's strong convictions and high moral values that this District could be made much better.

Richard Havens, GCC MECHA: Mr. Havens stated that he was here this evening because Dr. Walter Kehowski's discriminatory website was still up and nothing had been done about it for years and it builds a pyramid of hate against Hispanics, MECHA, Blacks, and anyone who is not white. Something needs to be done about it.

David Juan MacKinnon Echeandia, Association Latina Estudiantil: Mr. Echeandia was present on behalf of ALE and stated that as historian of Phoenix College MECHA, he was here to show how much of an impact Dr. Gardea had at Phoenix College, especially Hispanic faculty and students. She spent a lot of time with students to make sure they were doing well in their classes and last year she would drop what she doing and listen to what a student had to say even though she might have had a full schedule. In addition, she had planned to have a Journalism Department in accordance with an all-inclusive, student-based newspaper/multi-media project. Phoenix College has not had either one of these for the past eight years. They feel enough is enough; eight years is too long to wait for this to happen. If the interim president, Dr. Anna Solley, was told to continue what Dr. Gardea, then why was she told to leave. All they want is answers.

Roberto Diaz, Phoenix College Association Latina Estudiantil: As a member of Phoenix College ALE, MECHA and Hispanic Forum, he stated he was enraged by actions taken recently. He is a history major but he felt that Mrs. Rosenthal had been in office too long. Tenure corrupts. He had not expected to speak this evening but could not let this continue. He would like equality for him and his friends, and he felt the Board did not understand them as students. He said he felt welcomed at first when he joined the clubs he is involved in and wanted that feeling to return. He doesn't know if Dr. Gardea can be reinstated but he hopes that they could have a good relationship with Dr. Anna Solley. He wants what is right and is leaving it to the Board to decide what is just.

Edward Celaya, Phoenix College MECHA, ALE, and Community Activist: Mr. Celaya indicated he was here this evening regarding the choices made by the Governing Board against Dr. Gardea. He stated that the Governing Board did not realize what it had done not only to Phoenix College but the community as well. He stated that Dr. Gardea is a great lady and a strong leader and for her to be dismissed on the grounds given is inexcusable. Not letting the students voice their concerns and not giving them the opportunity to speak on her behalf before the decision was made was wrong. The Board is not doing their job of dealing with students. They need to make sure they get who they need in the right offices. Dr. Gardea has been the best president any community college has had in recent years. He asked the Governing Board to think about what they had done and to look at the roomful of supporters for Dr. Gardea. He asked that the Board look seriously at reinstating her because without her Phoenix College is dead.

Michael Nunez, Phoenix College MECHA Vice President and ALE member: Mr. Nunez was here this evening because of the apparent displeasure of the community and stated that he echoed Silverio Garcia's comment. He addressed Dr. Campbell with reference to his comment that the community had passed a bond with some sort of trust and confidence in the Governing Board but he wasn't sure this possible when Arizona has the lowest percentage of students in the country enrolled in seeking a degree. He stated that he didn't understand how such a bond could be sought when the money was benefiting students. The actions taken were indifferent to anything the students have to say. No consideration or forethought was given. This was not a mistake but rather a very deliberate intentional action. Taking information from anonymous sources is not justifiable for removing Dr. Gardea and is disgraceful. He stated that no other board in the United States has ever operated in this type of format and that no other community college president has ever had to exceed the type of standards that Dr. Glasper had set for Dr. Gardea. He challenged the board to think about what they will do in the future if this doesn't work. What will Dr. Solley do differently so that this will work if this is the prescribed plan of action? If the community is not allowed to participate in the actions taken, MCCCD will reap the consequences.

Napoleon Pisano, Mesa Association of Hispanic Citizens: Mr. Pisano stated that as he saw the roomful of civic participants, it warmed his heart to see citizens coming forward in community action activities. When you see students coming forward such as seen tonight to address to the Governing Board, it is a blessing. There are individuals who have given up there free time as college students to come here to talk to board members and he applauds them. This board appears to be a lightening rod that has gone through a series of activities over the years, going from one controversy after another and wondered when it would end, when due process would be adhered to, when the board would look at things in a fair and equitable manner addressing the needs of the community and needs of the students. As a representative of the Mesa Association of Hispanic Citizens, he noted that they have a healthy, productive relationship with Mesa Community College. They have worked with President Christiansen on a number of issues and he has opened many doors for them to move forward on issues that the community has brought forward. There were times when they had conversation and dialogue to ensure that they were being heard. Oftentimes it seems that other districts could listen and learn from this example. With reference to the situation with Dr. Gardea at Phoenix College, they were part of the Hispanic forum process that brought her to Phoenix. After a national search following the process established by the community college district, she was selected and appointed. They believe that she was not given due consideration and ample time to succeed. Anyone could give him the resources to allow him to sabotage their activities, and give him the time and effort he could find fault and failure in anyone of them. That is not the intent of a community college district. It should be to promote success and move forward the educational agenda. Mr. Pisano had been asked to read a letter from the Mesa Association of Hispanic Citizens (letter included in this meeting packet).

Irene Chavez, Educator and Taxpayer: Ms. Chavez was present to express her personal opinion about what she understands to be the focus of many problems and issues that need to be addressed before they fester any further. She indicated that although she belongs to various organizations, she does not want anyone to assume that she speaks on behalf of or represents any of them. (Ms. Chavez's complete comments are included in this meeting packet.)

Stella Favela: Ms. Favela stated that she was disappointed in what was going on. She acknowledged the group from NAU and encouraged them to research what was going on in this district because it was serious. She commented that Mrs. Rosenthal had overstayed her welcome. As a taxpayer she resented Mrs. Rosenthal's in-state and out-of-state activities. She indicated that she voted against the bond because she was concerned that the money would not be spent wisely. She commented that she was disappointed that Mrs. Rosenthal chose to go against Dr. Gardea and as a Latina educator she was very concerned about this. She indicated she felt Mrs. Rosenthal was a liability to the board. She also heard that the Qwest Foundation had donated $30,000 to the ACE program and it worried her because she wasn't sure the money would be spent wisely. She felt that Latinos were being used as a cash cow to bring in money. Even though some of the colleges are designated as Hispanic serving institutions, she understands that the money doesn't have to be spent on Hispanic students and that worries her.

Mercedes Mercado-Ochoa, Arizona Association of Chicanos for Higher Education: Ms. Mercado-Ochoa read from a letter to the Board from the Phoenix College Chapter of the Arizona Association of Chicanos for Higher Education (AACHE). (This letter is included in this meeting packet.)

Fernando Cornejo, Hispanic Coalition: Mr. Cornejo stated he was a graduate of Phoenix College and is now a practicing architect, private businessman in the restaurant, construction and development industries. As an original co-founder of the Hispanic Coalition, his goals have been to seek fairness for all and tonight he was here to speak on behalf of the person Dr. Gardea was expected to remove from his position. (Mr. Cornejo's comments are included in this meeting packet.)

Manuel de Jesus Hernandez G., Arizona Association of Chicanos for Higher Education: Mr. Hernandez came forward to express his request that the Governing Board of MCCCD and the State AACHE Board meet to discuss not only the Corina Gardea case but also the disreputable retrogression before them and the greater Arizona higher education community. (Mr. Hernandez's full concerns are included a copy of a letter he provided and included in this meeting packet.)

Stella Pope Duarte, Hispanic Education Coalition: Ms. Duarte introduced herself as a long-time educator, born and raised in the Sonorita Barrio, a very diverse community in South Phoenix. She stated that a wrong had been committed in our midst, a wrong that needed to be made right. A wrong against a person that does not deserve this and that person is Dr. Corina Gardea. When a wrong has been committed, someone must be held accountable. When a wrong has been committed, you must go back and make it right. What has been done tonight is that a line has been drawn. It's just like when you have children who fight over whose daddy is better, there is a desire to tear each other apart. Tonight a line has been drawn in the dirt and we have stepped over that line and we will not be moved until this wrong done to Dr. Corina Gardea is made right. She does not deserve this. She has been chosen as the 2005 Outstanding Alumni by the American Association for Community Colleges and will receive that award in Boston in April. She is very proud of this because she is a proud graduate of Phoenix College. She am very proud that she has received this prestigious award for this community. But there is a part of her that doesn't want to go to Boston to receive this award with her children because she is heartbroken over the demeaning dismissal of this president who did nothing but what was right on that campus. Dismissed by vicious demeaning people who cannot understand how to take care of their own inner needs so they do not spill out onto other people. She is going to go to Boston to receive this award because it is good for our community. She loves this community and she loves that she is an author representing this part of the world that has never had a voice before. That is the reason she is going to Boston to receive that award. But, she stated, ladies and gentlemen, this wrong must be made right and they will not stop until that happens.

Fermin Ornelas, Adjunct Faculty: Mr. Ornelas came forward and stated that this was the second time he had spoken to the Board. He did not feel he did very well the first time. He began by stating four facts: #1 was the16% dropout rate which is the highest in the nation; #2 was that 30% of Arizona's high school students cannot pass the AIMS test and the Governor has authorized $10 million to fix this situation; #3 related to average spending on students in grades 1-12 where Arizona ranks 46; #4 related to the ratio of residential faculty versus adjunct faculty being 1 to 3. At the last college he taught he looked at the folders which counted out at 300 folders for adjunct faculty versus 50 residential faculty. He asked how the Board can speak of doing so well? How can the Board say that they want to take MCCCD to the next level? There is a serious challenge ahead of us and the reason he wanted to speak was because he was a minority and he came with the idea that if he put in his time he would be a serious contender for a residential faculty position. He related the frustration he experienced at Estrella Mountain Community Colleges and his inability to get hired. He cautioned the Governing Board to open the door to more minorities and investigate the discrimination that existed at MCCCD.

BOARD MEMBER REPORTS

There were no reports.

CHANCELLOR'S REPORT

There was no report.

SECRETARY'S REPORT

There was no report.

FACULTY REPORT

The Faculty Executive Council Report was provided by President Sandra Steubner. Mrs. Steubner stated that due to the death of a fellow faculty members at South Mountain Community College, the scheduled presenters from that college were unable to be in attendance this evening. They would be scheduled for a future board meeting. She also expressed the Faculty Executive Council's support of the MAT compensation study.

EMPLOYEE GROUP REPORTS

Members of the Maricopa ACHE Employee Group were represented by Larry Celaya, Faculty Chair at RIO Salado College and ten members of their Board of Directors. He highlighted their many accomplishments, including the fund raising of $231,000 in scholarship funds for Latino students in the Maricopa Community College District. He stated that this year alone they have raised over $108,000. Dr. Celaya also commented that their organization has recently incorporated as a non-profit organization whose focus is exclusively upon the Maricopa District and are no longer associated with the Arizona Association of Chicanos in Higher Education. Their mission will be to provide a forum for the discussion of issues related to the academic success of Latino students in our community colleges and to pursue workable strategies, solutions, and resources to achieve this goal.

COLLEGE REPORTS

There were no reports.

STUDENT LIFE REPORT

CGC Student Life Representatives were present to describe activities held this past semester. Members present were Leah Heathcoat, Shelly Reddy, Lynette More and Christina Bolyard. They shared a powerpoint presentation of their accomplishments which included leadership retreats, voter registration, presidential debate watch party, a dialogue with the Chancellor, Adopt-A-Platoon, a candlelight vigil for U.S. troops in Iraq. A copy of the powerpoint slides are included in this meeting's packet.

STRATEGIC CONVERSATION FOLLOW-UP REPORT

There was no report.

ACCA/AADGB REPORT

Mrs. Rosenthal reported on the meetings held January 20 at Phoenix College where the main focus were legislative issues. She highlighted two important calendar dates which were February 10 when the All Academic Team luncheon would be held at Mesa Community College and February 23 which is to be ACCA Day at the Legislature and the Small Business Development Center Awards Reception.

LEGISLATIVE REPORT

Government Relations Director Matt Ortega provided an overview of legislative activities and information pertaining to the 2005 Legislative Session, budget negotiations, dual enrollment, baccalaureate degrees through community colleges, and the upcoming National Legislative Summit in Washington, D.C. which will be attended by fifteen members of the Maricopa Student Public Policy Forum. A detailed legislative update is included in this meeting's packet. It was also mentioned that on February 8 the Chancellor and Governing Board would host a reception for state legislators at the Downtown Phoenix Hyatt Regency.

AWARDS AND RECOGNITIONS

Chandler-Gilbert Community College President Maria Hesse reported that CGCC faculty member Ed Hughes was named Arizona Music Education of the Year at last week's state convention of the American Music Educator's Association. Mr. Hughes teaches vocal music and conducts several of the CGCC choirs. He was congratulated on receiving the state's highest honor in music education and for his many years of service to the students of the Maricopa Community Colleges.

APPROVAL OF THE AGENDA

President Campbell requested a motion to approve the agenda.

MOTION NO. 9290

Mrs. Rosenthal moved that the Governing Board agenda be approved. Motion carried 5-0.

CONSIDERATION OF CONSENT AGENDA

President Campbell asked for any requests to remove items from the Consent Agenda. The following items were removed from the Consent Agenda: V.D.1, V.D.3, and V.D.5.

The following items are included in the Consent Agenda:

(A-1) APPROVAL OF MINUTES of the December 14, 2004 Regular Governing Board Meeting.

(B-1) APPROVAL OF RECOMMENDED EMPLOYMENTS, RESIGNATIONS, RETIREMENTS AND TERMINATIONS - Approve the recommended employments, resignations, retirements, and terminations as presented with addendum.

(B-2) APPROVAL OF CONSIDERATION OF RECOMMENDATION FOR DISMISSAL OF MCC EMPLOYEE - Approve issuing a final decision to deny the appear by Alan Simmons of his dismissal from employment with the Maricopa County Community College District, and that the Board uphold its previous decision in favor of such dismissal. It was further recommended that the Board direct that all records concerning Mr. Simmons' termination indicate that such action occurred because he became unable to perform the essential functions of the position, and not for competency-based reasons.

(C-1) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE AND DYSART UNIFIED SCHOOL DISTRICT- Approve the Intergovernmental Agreement between the Maricopa County Community College District and Dysart Unified School District that will enable Estrella Mountain Community College to offer credit and non-credit courses at Willow Canyon High School. MCCCD will not incur any rental fees for use of facilities at Willow Canyon High School.

(C-3) APPROVAL OF PROPOSED REVISED SPECIAL EDUCATION POLICIES AND PROCEDURES FOR GATEWAY EARLY COLLEGE HIGH SCHOOL - Approve the proposed revised Special Education Policies and Procedures for GateWay Early College High School.

(D-1) REMOVED APPROVAL OF GENESIS LEASE AGREEMENT - CITY COLLEGE CENTER - Approve a lease agreement between the Genesis Program, Inc. and the District for space at the City Colleges Center for the period of July 1, 2005 through June 30, 2008.

(D-2) APPROVAL OF CONTRACT AWARD FOR REMODELING IN C102 AT PHOENIX COLLEGE - Approve awarding a contract in the amount of Two Hundred Nineteen Thousand One Hundred and no/100ths Dollars ($219,100.00) to America's Contracting Service for remodeling of Room 102 in the C Building at Phoenix College.

(D-3) REMOVED APPROVAL OF JOC CONTRACT AWARD FOR RE-ROOFING OF BUILSING 42 AT MESA COMMUNITY COLLEGE - Approve awarding a contract in the amount of <> $() to 3D/International, Inc. for re-roofing of Building 42 at Mesa Community College.

(D-4) APPROVAL OF JOC CONTRACT AWARD FOR REPAIRS IN THE GYMNASIUM AT SOUTH MOUNTAIN COMMUNITY COLLEGE- Approve awarding a contract in the amount of One Hundred Twenty-Seven Thousand Nine Hundred Twenty-Six and no/100ths Dollars ($127,926.00) to 3D/International for repairs related to mold remediation in the Gymnasium at South Mountain Community College.

(D-5) REMOVED APPROVAL OF CONTRACT AWARD FOR PERFORMING ARTS CENTER ORCHESTRA SHELL & RISERS AT PARADISE VALLEY COMMUNITY COLLEGE- Approve awarding a contract in the amount of <> ($) to <> for the installation of the orchestra shell and risers at the new Performing Arts Center at Paradise Valley Community College.

(E-1) APPROVAL OF BUDGETED EXPENDITURE REDUCTION FOR FY 03-04 - Approve the reduction of budgeted expenditures as shows below to reflect the same amount as actually expended in the General Fund, the Auxiliary Enterprises Fund, the Restricted Fund, the Unexpended Plant Fund, and Retirement of Indebtedness Fund for FY 2003-04 per the audited financial statements.

MOTION NO. 9291

Mrs. Rosenthal moved for approval of the Consent Agenda with the exception of the removal of V.D.1, V.D.3, and V.D.5. Motion approved 5-0.

(B-3) APPROVAL OF RECOMMENDATION REGARDING MANAGEMENT, ADMINISTRATIVE & TECHNOLOGICAL (MAT) POLICY GROUP CLASSIFICATION/COMPENSATION STUDY - Accept the recommendation of the Chancellor's Executive Council (CEC) to recast the current classification and compensation structure for the MCCCD Management, Administrative & Technological (MAT) Policy Group, based on the findings of the Public Sector Personnel Consultants' (PSPC) contracted study and subsequent report, retroactively to January 1, 2005. The original budgeted cost estimated in 2002-2003: $700K. Total anticipated cost for 2005 implementation: $832K.

MOTION NO. 9292

Mr. Crowley moved for acceptance of the recommendation of the Chancellor's Executive Council (CEC) to recast the current classification and compensation structure for the MCCCD Management, Administrative & Technological (MAT) Policy Group, based on the findings of the Public Sector Personnel Consultants' (PSPC) contracted study and subsequent report, retroactively to January 1, 2005. The original budgeted cost estimated in 2002-2003: $700K. Total anticipated cost for 2005 implementation: $832K. Motion approved 3-1 (Mrs. Rosenthal abstained and Mr. Walker nay).

(B-5) APPROVAL OF GOVERNING BOARD DECISION ON GRIEVANCE OF DR. CORINA GARDEA - That the Governing Board, pursuant to Section 8.2.2.3 of the Chancellor's Executive Council (CEC) Policy Manual, render a decision regarding the grievance submitted by Dr. Corina Gardea.

MOTION NO. 9293

Mrs. Rosenthal made a motion that the grievance submitted by Dr. Corina Gardea be denied. Motion approved 3-2 (Contreras and Crowley - nay).

Governing Board Member Scott Crowley provided a statement regarding this action. A paper copy of these remarks are included

Governing Board Member Ed Contreras remarked that as he has looked at the decision made on the grievance of Dr. Gardea, he didn't feel the problem was limited to one individual but rather it was part of a broader problem at the district. We have a decreasing representation of Hispanic leadership in the last ten years and all he can see is an increasing minority representation at the district, however not one percent of the changes have been non-minority. There have been problems with Phoenix College in the past, the present and they will continue in the future if changes are not made at Phoenix College. We continue to have board member involvement and micromanagement at Phoenix College and other campuses and he felt that board members offices should be closed at those campuses and let the board members and officers running those districts meet with individuals on a one-on-one basis and discontinue obstructing or undermining authority on those campuses as is done at present day. Lastly, as he has comments tonight and in the past, we need to listen to our students. They should be heard and not just seen on our campuses. We should have listened more to them in the past. If we are going to say we are student centered, then we need to listen to the voices of those students and not just take it as rhetoric that we wish to just be heard among us. We had them talk to us on a number of occasions, voicing concerns about a faculty member at one of our colleges and his improper use of a website and his disparaging remarks regarding a group wanting to celebrate a day of diversity. If we let that continue, then how can we say that we are embracing all individuals of all colors on our campuses. We as leaders of this district are going to need to make decisions for the best benefit of these students and the only way this can be is to listen to them, hear their needs and take action. I am also recommending that students should be included as participants on our diversity committees. Why are they being excluded when other community members are included. It is for this reason, depending on what action the board proposes, that I will be against this problem and its continuation.

MONITORING REPORTS

(VI.A.) Budget Analysis Report Summary
Fund 1 - General Unrestricted Fund
For the Six Months Ended December 31, 2004

Expenditure analysis indicates 43.1% of the budget has been expended so far this year as compared to 43.2% expended at this same point in time last year. 26.6% of the budget remains unexpended or unencumbered compared to 24.9% in the prior year. Revenue analysis indicates that 60.4% of the budget has been recognized to date. Projected fund balance will increase by about $134 thousand during this fiscal year. 6% of budgeted expenditures are projected to be unexpended and projected ending fund balance for June 2005 is $70.7 million and equates to about 43 days of operating budget, or more than five payrolls.

NEXT BOARD MEETING

The next Governing Board Meeting will be a Regular Board Meeting on February 22 at 5:30 p.m. at the District Office.

ADJOURNMENT

The meeting adjourned at 8:45 p.m.

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Scott Crowley
Governing Board Secretary