Minutes 03/23/2004

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

Linda Rosenthal, President
Don Campbell, Secretary
Ed Contreras, Member
Nancy Stein, Member
Scott Crowley, Member

ADMINISTRATION

Rufus Glasper
Steve Helfgot
Debra Thompson
Mary Vanis for Anna Solley
Ron Bleed
Jose Leyba
Pete Kushibab
Paul Dale
Larry Christiansen
Ken Atwater
John Neibling for Art DeCabooter
Homero Lopez
Gene Giovannini
Corina Gardea
Carol Scarafiotti for Linda Thor
Alberto Sanchez for Phil Randolph
Maria Hesse

CALL TO ORDER

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

EXECUTIVE SESSION

The Governing Board met in executive session, notice having been previously given.

The executive session recessed at 6:20 p.m.
The regular meeting convened at 6:32 p.m.

PLEDGE OF ALLEGIANCE

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

President Rosenthal recognized the presence of two classes:
· EDL723 Publicity and Politics of Education Class (Maricopa Cohort) taught by Chris Bustamante
· NAU's graduate class on Testing and Evaluation of Multicultural Students taught by Cathy Mayorga

CITIZEN'S INTERIM

One citizen came forward.

Dean Hermanson, Senior Associate Dean at Scottsdale Community College, came forward to introduce Carol Henderson, Vice President of Human Resources at Scottsdale Healthcare. Ms. Henderson expressed her appreciation for the assistance SCC has provided their organization in helping to serve more patients. As a result of a process they began last October, a new group of students is scheduled to begin taking nursing classes. She specifically named Pat Harris, Nellie Nelson, and Dean Hermanson for the assistance they provided in setting this new program in place.

BOARD MEMBER REPORTS

Mrs. Rosenthal reported that she attended the RISE Annual Meeting in Surprise and was pleased to hear about the success this group is experiencing. They boast 887 members, over 300 facilitators, and 219 classes. She commended Rio Salado College on the senior education activities being provided to the communities of Sun City West and Sun City Grand. Mrs. Rosenthal also reported that she attended the Half Century Club Luncheon held the week before where everyone enjoyed listening to the storytelling provided by Marshall Trimball.

CHANCELLOR'S REPORT

There was no report.

SECRETARY'S REPORT

There was no report.

FACULTY REPORT

Faculty Executive Council President Willie Minor came forward along with the presidents of the PSA, Crafts, Safety, and M&O employee groups to express support of the proposed tuition and fee increases.

EMPLOYEE GROUP REPORTS

DeeDee Tapson and Rachel Hollingsworth came forward on behalf of the Women's Leadership Group and spoke about the success they had participating in the American Heart Walk. Those who took part in this worthy effort raised a total of $12,662.79.

Genevieve Watson, President of MCBAA, offered congratulations to Scott Crowley on behalf of the members of MCBAA on his appointment to the Governing Board and indicated that they looked forward to working with him. She also expressed appreciation to Vice Chancellor Jose Leyba for his sponsorship of the Maricopa employees who will able to attend the upcoming NAFEO (National Association for Equal Opportunity in Higher Ed) Conference in Washington D.C. Many colleges associated with this organization (118 total) have expressed an interest in entering into articulation agreements with the Maricopa Community Colleges as they have been very pleased with students who have transferred to their colleges. Ms. Watson also spoke about the MCBAA 2004 Leadership Academy scheduled for April 28-30, 2004 to be held in conjunction with the April 30 Leadership Breakfast. The MCBAA Convocation has been rescheduled from April 28 to May 5 at Phoenix College from 5:30 - 8:30 p.m. Lastly Ms. Watson commented that the widow of Donovan Lamar had expressed sincere appreciation for the many words of comfort offered to her and the family.

COLLEGE REPORTS

Carol Achs, representing the Water Watchers Phoenix Children's at Phoenix Children's Hospital, came forward to speak about the 5th Annual Water Safety Day Mesa Community College scheduled for Wednesday, March 31 from 9:00 a.m.- 12:00 p.m. She spoke about the publicity that will be provided by the television stations in the Valley and about the many activities planned for the morning in an effort to bring awareness to the importance of watching children around water.

Dr. Alberto Sanchez, representing GCC President Phil Randolph, announced that the GCC Forensics Team had won first place in the community college category and second place against universities and colleges at the 15th Annual International Forensics Competition held in Madrid, Spain.

STUDENT LIFE REPORT

Debra Jo Tenney, representing Chandler-Gilbert Community College's Student Activities Board, reported that their students had contributed a total of 760 service hours in two days serving 26 agencies. Their Generations Prom was held and had proven to be very successful. Elections were held for the Student Government Group and they will be attending next year's Governing Board Meetings.

Caprice Contreras and Sandra Romero, representing Chandler-Gilbert Community College's Hispanic Student Organization, read their group's mission statement and spoke about their numerous fund-raising activities which yielded them a total of $3,000 for their scholarship fund. Along with the many activities they sponsor, she stated that they are also cognizant of their academics and monitor their GPA which is currently an average of 3.0. They expressed appreciation to the Governing Board for providing an outstanding community college system. They also spoke about their upcoming Noche de Fiesta Dance scheduled for Saturday, April 3 from 7:00 p.m. through midnight. She invited everyone present to plan on attending.

Elba Boe and Denise Leone were present from Paradise Valley Community College to report on the events and projects of the Student Leadership Council at their campus. Their students participated in Arizona Collegiate Leadership Conference held in Tucson, a current voter registration drive, sessions conducted by Mark Mason on the proposed tuition increases, the International Women's Luncheon, and student recognition ceremony.

John Mendez from the Phoenix College Student Leadership Planning Council was present, along with Bumstead the Phoenix College Mascott, to report that their group was researching other colleges' constitutions in an effort to refine their own. Bumstead the Bear was there to promote Phoenix College Bear Day intended to promote student involvement.

John Misirlakis, Thomas Gerloff, and Chad Hall represented Glendale Community College. They spoke about the merging of the day and evening student government groups, the men's basketball victory at the regional conference, and the forensics team second place standing at the world competition, and that four new clubs had been formed (BioTech, Spanish, Sign Language, and Matrix).

Scottsdale Community College representatives, Promise Magnum, Isis Milan and Nicole Turner reported on spring activities which included an orientation, a student leadership retreat, Into The Streets, the annual spring fling, and a sexual assault awareness workshop. Both students expressed appreciation for the many activities they were able to participate in and learn from.

STRATEGIC CONVERSATION FOLLOW-UP REPORT

Laura Helminski, Facilitator of the March 9 Governing Board Strategic Conversation, reported on the process used for the part one of the strategic conversation which examined the culture of Maricopa. She explained that part two of the conversation to be conducted on April 13 will explore deeper questions and participants will discuss what will or should happen next.

ACCA/AADGB REPORT

There was no report.

LEGISLATIVE REPORT

Vice Chancellor Steve Helfgot reported that the Legislative Report and Bill Summary were current as submitted.

AWARDS AND RECOGNITIONS

GateWay Community College President Dr. Gene Giovannini announced that recognition had been given to two of GateWay's nursing faculty, Cathy Lucius and Sharon Luczu, who received the 2004 Chair Academy International Exemplary Leadership Award for their demonstration of best practices.

APPROVAL OF THE AGENDA

President Rosenthal requested a motion to approve the agenda.

MOTION NO. 9222

Dr. Don Campbell moved that the Governing Board agenda be approved. Motion carried 5-0.

CONSIDERATION OF CONSENT AGENDA

President Rosenthal asked for any requests to remove items from the Consent Agenda. Vice Chancellor Jose Leyba requested that Item C-1 be removed from the agenda.

The following items are included in the Consent Agenda:

(A-1) APPROVAL OF MINUTES of the February 19, 2004 Governing Board Retreat, February 24, 2004 Regular Governing Board Meeting, and March 9, 2004 Strategic Conversation.

(C-3) APPROVAL OF CHARTER SCHOOL PROPOSD SALARY SCHEDULE FY04-05 - Approve the 2004-2005 Proposed Salary Schedule for the charter high schools.

(D-1) APPROVAL OF CURRICULUM - Approve the proposed curriculum program and courses as submitted.

(D-2) APPROVAL OF CHARTER SCHOOL NAME CHANGE - Approve the renaming of GateWay Community High School at GateWay Early College High School and amend the charter to accept 9th grade students.

(D-3) APPROVAL OF GENERAL MOTORS TRAINING CENTER AT GLENDALE COMMUNITY COLLEGE - Approve a three-month extension of the contract agreement in the amount of $33,125 to provide technical training assessment for General Motors dealership automotive technicians throughout the state.

(D-4) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN GATEWAY AND GLENDALE COMMUNITY COLLEGES AND THE CITY OF PHOENIX - Approve the Intergovernmental Agreement in the amount of $159,385 to provide Workplace Readiness Training to Workforce Investment Act (WIA) Title I Adult and Dislocated Workers. This Intergovernmental Agreement is between GateWay Community College, Glendale Community College, and the City of Phoenix. The agreement period is from April 1, 2004 through June 30, 2005.

(D-5) APPROVAL OF PROPOSITION 301 WORKFORCE DEVELOPMENT AND JOB TRAINING PLAN FOR FY 2004-05 - Approve the proposed Proposition 301 Workforce Development and Job Training Plan that has been developed in accordance with the requirements of the amended Arizona Revised Statutes, Section 15-1472.

(D-6) APPROVAL OF COMMUNICATION IN SCIENCE INQUIRY PROJECT (CISIP) - Approve an award of $2,132,319 from the National Science Foundation to fund the Communication in Science Inquiry Project (CISIP). Effective dates are July 1, 2004 through June 30, 2009.

(D-7) APPROVAL OF TECHNICAL READING/WRITING TO INCREASE MATH ACHIEVEMENT (TRIMA) - Approve an award of $53,038 from the Arizona Board of Regents (ABOR) to fund The Technical Reading/Writing to Increase Mathematics Achievement (TRIMA) Project. Effective dates May 1, 2004 through June 30, 2005.

(D-8) APPROVAL OF GENERAL MOTORS TRAINING CENTER -BURBANK - GLENDALE COMMUNITY COLLEGE - Approve a one-month extension of the contract agreement in the amount of $42,708 to provide technical training and assessment for General Motors dealership automotive technicians throughout the state and parts of the western region. The contract period will be from April 1, 2004- April 30, 2004.

(F-1) APPROVAL OF SELECTION OF TWO DISTRICT-WIDE ACOUSTICAL ENGINEERING ANNUAL SERVICES CONSULTANTS - Approve the selection of Thorburn Associates, and Riske & Associates to provide Acoustical Engineering Consulting Services, on as-needed basis.

(F-1) APPROVAL OF JOC AWARD FOR REROOFING OF 4 BUILDINGS AT SOUTH MOUNTAIN COMMUNITY COLLEGE - Approve awarding a contract in the amount of One Hundred Six Thousand, Eight Hundred Thirty-One and no/100ths Dollars ($106,831) to 3D/International to perform roofing repairs to four buildings at South Mountain Community College.

MOTION NO. 9223

Dr. Campbell moved for approval of the Consent Agenda with the exception of Item C-1, which was pulled due to a revision. Motion approved 5-0.

(B-1) APPROVAL OF PARKING AND TRAFFIC REGULATIONS - Approve adoption of proposed changes to the parking and traffic regulations which regulate the control of vehicles and non-pedestrian devices on college/district property (A.R.S. 15-1449). The approved language will be placed in the Catalog Common Pages.

MOTION NO. 9224

Dr. Campbell moved for approval of adoption of proposed changes to the parking and traffic regulations. Motion approved 5-0.

(C-1) APPROVAL OF RECOMMENDED EMPLOYMENTS, RESIGNATIONS, RETIREMENTS AND TERMINATIONS - Approval of proposed personnel actions with addendum.

MOTION NO. 9225

Scott Crowley moved for approval of proposed personnel actions with addendum. Motion approved 5-0.

(C-2) APPROVAL OF CONSIDERATION OF RECOMMENDATION FOR DISMISSAL OF EMPLOYEE - Approval of final decision to deny the appeal by Gerald Grucky 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. ACTION ITEM TABLED TO APRIL 27, 2004 GOVERNING BOARD MEETING.

Three speakers from Phoenix College came forward on behalf of Gerald Grucky: Scott Geddis, Robert Dotterer, and Kay Lewis.

Mr. Geddis stated that he has known Mr. Grucky for over twenty years and that Mr. Grucky has been one of the most supportive staff to work with at Phoenix College. Mr. Grucky has been a certified police officer with the Sheriff's Department and has been a person of high character and integrity in every respect.

Mr. Dotterer, a firefighter with the City of Phoenix and an adjunct faculty member in the Fire Science Department at Phoenix College, commented that he has known Mr. Grucky for seventeen years and has known Mr. Grucky to be helpful in every respect and that everyone at the college misses his dedication and support. He urged members of the Governing Board to reconsider the termination.

Dr. Lewis, EMT Department Chair at Phoenix College for over fifteen years, indicated that Mr. Grucky has been responsible for writing policy and advisement to students during his employment. She stated that Mr. Grucky has always behaved with positive decorum, professionalism, and was able to stifle issues. On behalf of staff, adjunct faculty, and resident staff she requested that he be given another chance and be allowed to return to a department where he functioned in a very positive manner.

MOTION NO. 9226

Mrs. Stein moved that the Governing Board uphold the dismissal of employment recommendation.

Mr. Contreras requested that the recommendation be amended as to the type of sanction being recommended such as leave without pay and be restored due to the Mr. Grucky and the individuals who came forward not being aware of policy.

Chancellor Glasper commented that urged the Governing Board to uphold the recommendations made by the Hearing Committee and Chancellor.

Dr. Campbell commented that one mistake should be not be sufficient to remove an employee and recommended another type of sanction.

Mrs. Stein stated that she found this a very difficult action to vote on, however, signage and policies exist that all employees should be aware of.

Vote on amendment motion presented by Mr. Contreras not approved 2-2 (Stein & Rosenthal - nay; Crowley abstained).

Vote on original motion to termination not approved 2-2 (Contreras & Campbell - nay; Crowley abstained).

Legal Counsel commented that Mr. Crowley was advised about the law and was able to abstain. This abstention was not a conflict of interest but a bias and prejudice issue by virtue of prior involvement.

Mr. Contreras implored that the Board reconsider another form of sanction and that better signage be set up on campuses. He recommended that every employee be required to sign off on receipt of policies.

President Rosenthal stated that she was conscious of making exceptions to policies and this recommendation was not in the best interest to do so and would continue to support the Chancellor's recommendation as it has been concluded in the hearing conducted.

Vote on new motion to reconsider another form of sanction was not approved 2-2 (Stein & Rosenthal - nay; Crowley abstained)

In view of additional information presented by Mr. Grucky's attorney at the earlier executive session, Governing Board Member Don Campbell moved that this action item be tabled to allow for review of new information. Motion approved 4-0 (Crowley abstained).

(E-1) APPROVAL OF PROPOSED TUITION AND FEES SCHEDULE - Approve the adoption of the proposed FY 2004-2005 Tuition and Fee Schedule as attached. The major proposed changes in cost are: County Resident Tuition & Fees: $4.0 (7.8%) increase to tuition rate per credit hour to $55.00 per credit hour.

GCC Student Government President Thomas Gerloff came forward on behalf the students at GCC on the tuition increase action being proposed. He explained that he had signed petitions available

The following discussion and motions took place on the approval of the proposed tuition and fees being considered:

Chancellor Glasper commented that he recognized these were challenging times for higher education in Arizona driven by the growth of this county and student enrollment. Earlier in the day he had testified at the State Legislature that the community colleges can respond to the workforce needs of Arizona. The Financial Advisory Council has gone through due process and has made the proposed recommendations which did not come easily. Scholarships and financial aid plans have been developed to address issues of accessibility and affordability, and more will be provided if necessary. Reductions to the proposed budget will result in a cost and this would necessitate revisiting the numbers and making necessary adjustments. Erosion of resources will result in delay of programs, hiring of faculty, and student ratio increases.

Vice Chancellor Debra Thompson commented that as the numbers were developed, the increase in tuition would result in an increase of $120 for 30 credit hours. She stated that 44% of students take six or less credit which equates to a tuition increase of $48. Scholarships and other resources have been raised by $1 million and it is being proposed that property taxes be raised to legal limits. In general, tuition increases, property taxes, and state aid would allow for funding of highest community needs. Outreach to students was conducted at the campuses and on most campuses, only a handful of students attended. Some were opposed and most students were neutral. The general public was invited through press releases, television coverage, and newspapers articles.

Governing Board Member Comments:

Mrs. Stein recognized the work that goes into this proposed action, however with the major upcoming bond issue and property tax increase being proposed, by asking for all three we would be going to the well too many times. She stated that the Arizona Constitution provides for education "nearly as free as possible" and sometimes the District strays from mission and sometimes tries to be all things to everyone. She proposed taking a different course of action and not duly burdening those not able to pay which are the students. She suggested focusing on core values and reducing costs.

Dr. Campbell commented that one of things that needed to be kept in mind is that Maricopa has been around from some forty years and has been meeting its core mission to students and they have kept tuition relatively low. People must recognize that costs will increase and there are no institutions that do not increase their fees. We have to keep in mind that financial aid programs are in place and many students are getting financial aid in many ways.

Mr. Crowley indicated that this has certainly been an interesting time for him. He emphasized that the bond must be successful. He stated that he came through the MCCCD system and proposed consideration to develop another opportunity to fund the budget.

Mr. Contreras remarked that in the last few years there has been a propensity to place the burden on the students. The increases are pricing out students and they have met their fair share. He was not in favor of a $4 increase as it constituted an increase of 72% in the last ten years. Students should not be the scapegoat.

Mrs. Rosenthal commented that she has sat through FAC meetings and firmly believes that there was no option other than to increase tuition/fees. Electric bills go up, healthcare goes up, and students have to understand that education is not free. Students must understand the value that will be received. $4 is the cost of a cd or a big mac. What is education worth? The budget needs infusion of tuition dollars.

MOTION NO. 9227

Dr. Campbell made a motion that the tuition increase of $4 be approved. Motion not approved 3-2 (Stein, Contreras, Crowley - nay).

Mr. Contreras offered a substitute motion proposing no changes to the scholarship funds and a $2 tuition increase. Motion not approved 4-1 (Campbell, Stein, Crowley, Rosenthal - nay).

Ms. Thompson commented that the tuition decision was desired by the colleges in order to move ahead on their student handbooks/schedules. March was the first choice, however, the decision could be delayed to April.

Mr. Crowley inquired if it was possible to wait for state aide to be funded
Ms. Thompson responded that the budget must be adopted by June. Tuition and fees must be set by that time. Students need to know by the time they register. A $2 reduction equated to $4.4 million decrease in the budget.

Mr. Contreras made a motion to table until the next business meeting in April. Motion not voted on at this time.

Mrs. Stein made a motion to approve tuition with no increase in tuition. Motion not approved 4-1 (Rosenthal, Campbell, Contreras, Crowley - nay).

Dr. Campbell made a motion to extend the April 13 Strategic Conversation to another date and that the board meeting be devoted to discussing this item. Mrs. Rosenthal declined to hear this motion.

Chancellor Glasper recommended that the item be tabled to April 27.

Governing Board Member Nancy Stein moved that this action item be tabled for action at the April 27 Board Meeting. Motion approved 3-2 (Campbell & Crowley voted nay).

INFORMATION ITEMS - FIRST READINGS

(VI.A.) INFORMATION ITEM: INTENT TO PLACE A GENERAL OBLIGATION BOND INITIATIVE ON THE NOVEMBER GENERAL ELECTION BALLOT

The recommendation has been made that the Governing Board declare its intent to place a general obligation bond in the amount of $951,359,000 on the ballot for the November 2004 general election. At its June 8, 204 meeting the Governing Board plans to act on the formal resolution to order the notice of election.

President Rosenthal stated that by law the Governing Board could not vote on the General Obligation Bond until June 7, however, the Board is planning to meet on June 8. Although this was only an information item, she reiterated that it is the Board's choice to hold this election and that the initiative is essential to the future of MCCCD and she strongly supported this motion. She stated that she hoped that everyone in attendance would support the bond.

(VI.B.) INFORMATION ITEM: PRELIMINARY PROPOSED FISCAL YEAR 2004-05 BUDGET

The preliminary proposed FY 204-2005 Budget total $988.4 million. The proposed budget will be submitted for preliminary adoption on April 27, 2004. This budget then will be published pursuant to legal requirements. Truth in Taxation notices also will be published. Final adoption of the proposed budget and a Truth in Taxation hearing is scheduled for June 8, 2004.

Mark Mason, Controller, provided a powerpoint presentation that compared the FY05 budget to the FY04 budget and provided information pertaining to general fund commitments and priorities, in addition to providing budget comparisons between FY04 and FY05 for the auxiliary fund, restricted fund and plant fund.

MONITORING REPORTS

(VII.A.) Budget Analysis Report Summary
Fund 1 - General Unrestricted Fund
For the Eight Months Ended February 29, 2003

Expenditure analysis indicates 57.1% of the budget has been expended so far this year as compared to 57.8% expended at this same point in time last year. 17.5% of the budget remains unexpended or unencumbered compared to 17.1% in the prior year. Revenue analysis indicates that 69.5% of the budget has been recognized to date. Projected fund balance will increase by about $24 thousand during this fiscal year. 8% of budgeted expenditures are projected to be unexpended and projected ending fund balance for June 2004 is $69.3 million and equates to about 47 days of operating budget, or more than six payrolls

NEXT BOARD MEETING

The next Governing Board Meetings will be a Strategic Conversation to be held on Tuesday, April 13, 2004 at the District Office and a regular Governing Board Meeting will be held on April 27, 2004 at the District Office.

ADJOURNMENT

The meeting adjourned at 9:10 p.m.

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Dr. Donald R. Campbell
Governing Board Secretary