Minutes 02/01/2007

A special board meeting of the Maricopa County Community College District Governing Board was scheduled to be held at 10:30 a.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

CALL TO ORDER
The meeting was called to order at 10:34 a.m. by President Linda Rosenthal.

APPROVAL OF THE AGENDA

MOTION NO. 9399

Dr. Don Campbell moved for approval of Action Item III.A.1 proposing retention of assistance concerning law enforcement investigation.

ACTION

(A-1) APPROVAL OF DISCUSSION AND APPROVAL TO RETAIN ASSISTANCE CONCERNING LAW ENFORCEMENT INVESTIGATION – Authorize retaining the law firm of Perkins Coie Brown and Bain to provide legal services in connection with the pending investigation into MCCCD practices by the Maricopa County Attorney and Sheriff's Office.

President Rosenthal called upon Chancellor Glasper to comment regarding the recommended action. He stated that he recommended retaining the law firm of Perkins Coie Brown and Bain to provide legal services in connection with the pending investigation into MCCCD practices by the Maricopa County Attorney and Sheriff's Office. Throughout the pending criminal investigation by Maricopa County officials, MCCCD representatives have cooperated fully with law enforcement officials. It has become apparent, however, that the services of a representative to serve as a liaison with those officials would facilitate that cooperation. The firm of Perkins Coie Brown and Bain has extensive experience in representing public agencies, and is well qualified to provide the necessary assistance through the course of the current investigation. Services provided by the firm would not include criminal defense representation of any individual. The current investigation by Maricopa County authorities entailed the recent seizure of thousands of records maintained at locations under the auspices of three Maricopa community colleges, as well as at the District office. In many cases, the seizure of these records has disrupted business operations at these locations. Perkins Coie Brown and Bain would be asked to assist in expediting the return of records, without prejudice to any pending criminal inquiry, in order to allow for essential business operations to resume.

President Rosenthal stated that a publicly elected member of this Governing board, it has become clear to her that it wass in the best interest of the taxpayers served to seek the expertise of legal counsel that could provide guidance in areas we do not typically engage. Thousands of public records were seized by the sheriff’s office and the work of the district has been impacted greatly. Taxpayers need to be protected and while the District employs a small office of attorneys, they are not experts in the area of criminal investigation. As the District seeks to secure the safe return of thousands of documents that belong to the public, it has become evident that the expertise of those who deal with these matters regularly is urgently needed. While our faculty and staff are in the classroom focused on the work of teaching and learning, the business side of our institution must not be diverted from its work. By employing the firm of Perkins Coie Brown and Bain, led by Mr. Paul Eckstein and other prominent local attorneys, to serve as our liaison during the most unprecedented situation, we are optimistic that we can expedite the return of vital documents without impeding the inquiry underway at the Sheriff’s Department.

President Rosenthal then requested a roll call vote. Votes were voiced as follows:

Scott Crowley: yes
Colleen Clark: yes
Jerry Walker: nay
Don Campbell: yes
Linda Rosenthal: yes

Motion carried 4-1 (Mr. Walker – nay). .

ADJOURNMENT
The meeting adjourned at 10:37 a.m.

Donald R. Campbell
Governing Board Secretary