Minutes 03/25/2003

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

Ed Contreras, President
Linda Rosenthal, Secretary
Don Campbell, Member
Nancy Stein, Member
Gene Eastin, Member

ADMINISTRATION

Fred Gaskin
Lionel Diaz for Steve Helfgot
Rufus Glasper
Anna Solley
Ron Bleed
Pete Kushibab
Gina Kranitz
Larry Christiansen
Ken Atwater
Art DeCabooter
Homero Lopez
Gene Giovannini
Corina Gardea
Linda Thor
Phil Randolph
Maria Hesse

STATE BOARD
Nick Balich

CALL TO ORDER

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

EXECUTIVE SESSION

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

The executive session recessed at 5:40 p.m.
The 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 Gene Eastin.

CITIZEN'S INTERIM

One employee and two citizens came forward - Joyce Jackson, Marcie Ellis, and Dustin Jones

Ms. Jackson, Director for Advancement at Estrella Mountain Community College, came forward to introduce two citizens from the Governor's Fine Arts Council who wished to speak on Agenda Action Item V.F.1, Approval of Land Exchange Proposal: Estrella Mountain Community College and SunCor Development Company.

Ms. Ellis introduced herself as Executive Director of the Fine Arts Council and Mr. Jones is Incoming President of this organization. Both individuals offered comments in support of this action item which would improve opportunities for partnership between the Arts Council and Estrella Mountain Community College. Through this transaction, a better image and better service can be put in place. The West Valley Fine Arts Council has been a pioneer in the West Valley, a voice in wilderness for the Arts Council and have emerged as the cultural conscience in the West Valley. They look forward to blending skills and voice with EMC.

BOARD MEMBER REPORTS

No reports were given.

CHANCELLOR'S REPORT

Dr. Gaskin congratulated Vice Chancellor Anna Solley and Cheri St. Arnauld for their excellent work in putting together the recent National Association of Community College Teacher Education Conference attended by 360 participants. He expressed deep gratitude to Estrella Mountain Community College and Mesa Community College for their efforts in co-hosting the Sixth Annual League for Innovations Conference held this past weekend. Over 1700 members attended the event. Chancellor Gaskin also acknowledged that over 200 employees and students have been called to active duty due to the war on Iraq. He expressed a desire that they be honored for their service and wished them a safe return.

Dr. Gaskin then introduced Lynette Jim, Student Services Specialist at SMC and President of the United Tribal Employees Council. Ms. Jim came forward to provide follow-up information regarding recruitment and retention data on Native Americans at the Maricopa Community Colleges. She provided the following statistics:

Ms. Jim credited GWC's, MCC's and SMC's retention and recruitment successes to the Hoop For Learning Programs these campuses have implemented. PC and SCC do not have a recruiting programs in place, however, their numbers continue to increase. With SCC being on Reservation property, they have a great potential to increase their numbers even further. GCC has recently hired an advisor for their campus to help this effort. She expressed an interest in having the Governing Board look into recruitment programs to recruit more Native American students because federal funding exists in amounts ranging from $2,000-4,000 per student. Ideally a 5.5% Native American student population at MCCD would be a goal and feels that more emphasis on Native American retention and recruitment programs at MCCD. She also recommended the formation of a Native American Program which would transfer into Arizona State University's Indian American Studies. Lastly, she expressed appreciation for the sponsorship of a dinner table at the upcoming Phoenix Indian Center Dinner and expressed how important it was to have the presence of the community college at functions such as this.

SECRETARY'S REPORT

There was no report.

FACULTY REPORT

There was no report.

EMPLOYEE GROUP REPORTS

Rosemary Kesler came forward on behalf of the Faculty Association to introduce Alan Haffa, Incoming President for 2004-05. Mr. Haffa presented comments pertaining to the meet and confer process as it pertained to faculty salaries and quoted RFP 1.2.7. Mr. Haffa stated that the lack of meaningful negotiation in meeting the RFP was a lack of respect for faculty. There was an oral salary request made in December and a written salary request in January, however, there has been no decision on the proposal as of this date. With the budget proposals going forward, salaries have been determined without any negotiations. He indicated that negotiations are held with other providers such as Follett, Blue Cross, etc., but no such negotiations are held with employees and this demonstrates lack of respect. The Faculty Association is requesting a response within five working days. (A full transcript of Mr. Haffa's remarks is attached.)

COLLEGE REPORTS

Ken Atwater of South Mountain Community College shared that he made available to members of the Board and CEC a copy of the 2003 Directory of African American CEO's in community colleges. He also invited everyone to the April 15 photographic exhibit by a former SMC student, Travis May. Proceeds will go to the Message of Hope Scholarship Fund.

Maria Hesse of Chandler Gilbert Community College reported on a visit by Donna Duffy representing Campus Compact and the Carnegie Corporation pertaining to exemplary colleges engaged in service learning. They are hoping to use Chandler-Gilbert's as a model program.

Corina Gardea of Phoenix College reported on their women's basketball team winning the division title and competing at nationals. Although the national title was not won, students had a rich experience. The team and coach have been invited to come before the Board in April to share their experience. Phoenix College has also been the recipient of three National Paragon Awards. They received two Gold Paragon awards in the Viewbook and Postcard Series categories at the recent National Council for Marketing and Public Relation's National Conference and a bronze in the Poster category.

STUDENT GOVERNMENT REPORT

Three students from Scottsdale Community College were present to express their appreciation for the positive experiences at SCC and also being able to attend student conferences and participating in student activities. One student spoke about her father's desire to have her attend Georgetown University, however, she chose to attend SCC in order to pursue a degree in secondary education. She appreciates the opportunity to participate in Student Life activities. Another student spoke about the very positive impact SCC has had in her life and how this experience has prepared her to pursue a career in journalism.

Three students from Chandler Gilbert Community College were present to invite the Board to the grand opening ceremony of the Student Life Center on April 11. They also spoke about their February 28 Into the Streets activity wherein 300 students visited 18 sites and participated in community outreach activities.

Yolanda Hernandez came forward on behalf of the GCC Evening Student Government Group to present a written declaration of opposition and petitions against the proposed five-dollar per credit hour increase in tuition and fees. (Paper copy attached)

STATE BOARD REPORT

Nick Balich indicated that it was heartwarming to hear testimonials from students regarding the impact community colleges have had on their lives.

ACCA/AADGB REPORT

There was no report.

LEGISLATIVE REPORT

The Legislative Report was given by Dr. Chris Bustamante who reported that the Arizona Legislature convened in Special Session on the FY2003 state budget last week and did not make any further reductions to community college budgets in this fiscal year. Community college district state aid has been cut by approximately 5% in FY2003 and any further cuts would be detrimental. The Legislature will complete its committee work on legislation in the next couple of weeks and will begin processing all remaining bills through the legislative process. Due to the current $1 billion deficit, the greatest challenges for community college districts will be to convince the legislature to fully fund enrollment growth and dual enrollment FTSE. Progress on these challenges is being made one legislator at a time. It is expected the legislative session may be prolonged this year by the FY2004 budget deliberations that could last until the end of June.

AWARDS AND RECOGNITIONS

There were no awards or recognitions.

APPROVAL OF THE AGENDA

President Contreras requested a motion to approve the agenda.

MOTION NO. 9150

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

CONSIDERATION OF CONSENT AGENDA

President Contreras asked for any requests to remove items from the Consent Agenda. There were no items removed.

The following items are included in the Consent Agenda:

(A-1) APPROVAL OF MINUTES of February 20, 2003 Community Listening Session and February 27, 2003 Regular Governing Board Meeting.

(D-1) APPROVAL OF THE CURRICULUM: Catalog, Graduation Requirements, Certificates/Degrees, General Education, Degree Requirements as submitted

(D-2) APPROVAL OF THE CURRICULUM: Associate in Arts in Elementary Education (AAEE)

(D-3) APPROVAL OF THE CURRICULUM: Courses and Programs

(D-4) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA SKILL CENTER AND THE ARIZONA DEPARTMENT OF TRANSPORTATION

(D-5) APPROVAL OF INTERGOVERNMENTAL AGREEMENT: RIO SALADO COLLEGE AND CITY OF PHOENIX HUMAN SERVICES DEPARTMENT, ADULT BASIC EDUCATION AND
ENGLISH FOR SPEAKERS OF OTHER LANGUAGES CLASSES FY 2003-2004

(D-6) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN SOUTH MOUNTAIN COMMUNITY COLLEGE AND EDUCATION AND RESEARCH CONSORTIUM OF THE WESTERN CAROLINAS

(E-1) APPROVAL OF INTEGRATED LIBRARY SYSTEM PURCHASE - DYNIX, OCLC, AND HEWLETT PACKARD

(F-1) APPROVAL OF LAND EXCHANGE PROPOSAL: ESTRELLA MOUNTAIN COMMUNITY COLLEGE AND SUNCOR DEVELOPMENT COMPANY

(F-2) APPROVAL OF CONTRACT AWARD FOR ORCHESTRA SHELL FOR NEW PERFORMING ARTS CENTER AT SOUTH MOUNTAIN COMMUNITY COLLEGE

MOTION NO. 9151

Linda Rosenthal moved that the Consent Agenda be approved. Motion carried 5-0.

(B-1) APPROVAL OF EXECUTIVE DUTIES AND RESPONSIBILITIES OF NON-CREDIT COURSE CHARGES - Approval of policy to establish a methodology for setting non-credit course charges in order to align processes among the District colleges and to provide guidance to the public about how these charges are established. This policy allows for regular development of non-credit courses as needs arise without specific approval of each charge.

MOTION NO. 9152

Linda Rosenthal moved that Item B-1 be approved. Motion carried 5-0

(B-2) CONSIDERATION REGARDING DISTRICT PRACTICE OF ARMING OF COLLEGE SAFETY OFFICERS

Dr. Gaskin provided commentary referring to the safety survey conducted as a result of this item being proposed and declined at the Governing Board Meeting of May 28, 2002. A CEC Safety Subcommittee comprised of Dr. Ken Atwater, Dr. Art DeCabooter, Dr. Homero Lopez, and Ms. Maria Hesse was asked to review this issue. The subcommittee ascertained the opinion of employees and students regarding safety and the arming of safety officers. A total of 7,240 survey were compiled and analyzed. Results of the survey indicated that 81% felt "safe" at their location, 4% indicated they felt "unsafe", and the remaining 12% were uncertain (3% did not respond to this question). Arming certified officers with firearms was not selected as a top priority (this measure was ranked #8 out of 11). Dr. Gaskin expressed his appreciation for the fine work accomplished by college safety personnel, however, proposed that the current practice that college safety employees of the Maricopa Community College District not be permitted to carry firearms or similar weapons in the course of duty be maintained.

Speakers on behalf of this action item were as follows:

Sandee Czech, representing self
Ms. Czech stated that she was present as an employee at PVC and had spoken to over a three dozen citizens, students, and staff and all favored the arming of safety officers. Only one was opposed. She stated she felt arming of officers would increase the response time to incidents on campuses. She stated that safety officers do not get respect because they are not armed and it would be safer in the long run. In today's society she foresees violence coming on campus.

Wilfred McFadden, representing College Safety
Mr. McFadden commented that there were only eight people present to speak on this issue although early in the week more people were prepared to comment. The additional people were encouraged not to speak. He commented that the Governing Board does not have an idea what kind of incidents happen on the campuses. Since October there have been 13 incidents involving weapons. Ten years ago safety was an issue on the campus and it still is. College safety officers have an average of 15 years experience and must pass proficiency tests and be accredited Arizona Post and thereby are very qualified to carry arms. He expressed that he felt MCCCD was managing by crisis management, and instead should be proactive in avoiding crime.

Charles Summers, representing College Safety
Mr. Summers restated statistics on violence from the May 28, 2002
meeting, emphasizing that violence is the number one cause of women. He stated that in 1999 there 170 felony crimes on our campuses, an average of 12 per month. Most educational institutions in the state (ASU, NAU, Pima, CAC, EAC, Yavapai) have armed officers. Most have an average of one armed officer for every 1,100 students. At MCCD, the average is one officer for every 9, 983 students. He commented that the survey had shown that students felt safe and that was due to the good job done safety personnel.

Jan Strauss, representing self
Ms. Strauss came forward as a citizen, adjunct faculty at MCC, and 28
years as a police officer and Chief of Police in Mesa. She advocated
the arming of college safety officers because they have been certified
through Arizona Post and the average numbers of years experience and
training that all possess.

Donna Oglesby, representing self
Ms. Oglesby is currently a student employee at EMC. Prior to this in 1987 she was a rape victim at GCC and feels that very strongly that college safety officers should be armed in order to increase response time to incidents and be proactive in the war against crime.

Donna White, representing Glendale Community College Associated Student Government, was present to deliver signed petitions on behalf of students advocating arming college safety officers.

Sherrie Bray
Mrs. Bray came forward as the wife of a college safety officer and encouraged the Governing Board to approve the arming of college safety officers because of the increasing number of incidents where weapons have been found on campuses and felt that the use of weapons would serve as a deterrent. As the largest community college system in the United States, this is also an organization where statistically there will be greater opportunities where crime incidents will occur. College safety personnel are trained to know how to address incidents.

Jerry McCowan, representing self
As a former police officer and weapons expert, Mr. McCowan stated that the tools they are allowed to use currently are just deterrents. Their main tool should be a gun, as that would be a superior tool to control situations.

MOTION NO. 9153

Linda Rosenthal offered a motion to allow the arming of college safety officers. Motion not approved 3-2 (Eastin, Campbell, Contreras opposed)

Discussions prior to vote:

Mrs. Stein advocated approval of the proposal to arm college safety officers. She commented as follows: "From cradle to grave, we are protected by people with firearms in our society. From the police officers patrolling our neighborhoods and in our K through 12 schools; the campus security guard at the universities, banks, and our airports. We are a populace with a long history and dependence upon highly trained professionals providing for our safety. Why are we so adamantly opposed to what I just outlined? Especially when it contradicts the opinion of our own legal counsel? Why are we so eager to hamstring the highly capable staff we entrusted with our safety? A firearm is an essential tool of their trade. We wouldn't ask Faculty to teach without a textbook, or PSA to work without computers or any of our employee groups not to have the right tools, or administrators to manage their departments without a budget."

Dr. Campbell indicated that he heard a lot people (students and safety officers) being in danger. Governing Board Members are also in danger. He heard that the only solution would be guns. He felt this was a message that discourages people from thinking logically. Everyone seems to be trying to solve problems through the use of guns and this would create a hostile environment.

Mr. Eastin made no comment.

Mr. Contreras stated that this had not an easy decision for him to make but he felt that not enough evidence had been presented to justify arming safety officers. He advocated increasing forces, not weapons.

(C-1) Approval of Governing Board Review of Level 5 Faculty Grievance; Request by Counsel for Continuance

MOTION NO. 9154

Mrs. Rosenthal recommended that the Governing Board not issue a written decision in this matter and allow the Level 4 decision to be final for the reasons that there was no evidence of discrimination or retaliation, there was insufficient reason to return the grievant to the position of Chair, and evaluation documents have been removed from the grievant's file as he requested. Motion carried 5-0.

On the request by counsel for continuance, it was moved by Mrs. Rosenthal to not continue and to approve the Review of the Level 5 Faculty Grievance. Motion carried 5-0.

(C-2) CONSIDERATION OF EMPLOYMENTS, RESIGNATIONS, RETIREMENTS AND TERMINATIONS - Approve personnel actions as presented.

MOTION NO. 9155

Linda Rosenthal moved that Item C-2 be approved. Motion carried 5-0

(C-3) APPROVAL OF PROPOSED TUITION AND FEES FOR FISCAL YEAR 2003-2004 - Approve proposed tuition and fees for fiscal year as presented.

Dr. Gaskin reiterated the proposals being recommended for a $5 tuition and fee increase. Dr. Glasper remarked that as a result of the comments made at last month's meeting, the funding for scholarships for students in need had been decreased, however, if additional money was necessary for needy students, funds would be found.

Mrs. Stein voiced that once again it is time for her annual discontent about proposed tuition and fee increases. She stated that times are tough and commended everyone for the budget reductions achieved for this year. She does NOT believe, however, that we can now sit back, congratulate ourselves and pass along this unjust tuition and fee increase to students. Why is this proposed increase unjust? Most everyone is hurting, but especially those struggling to make ends meet. Living costs are rapidly escalating, while incomes remain flat and job opportunities are at an all time low. She did recognize that increasing enrollment brings increasing costs, so she offered a counterproposal for consideration: To help the District absorb the increased costs of growth while maintaining a good faith effort to honor the intent of the State Constitutions mandate to provide an education that is nearly as free as possible, she submitted that tuition be raised $2.00 per credit hour, reduce fee increases by half and direct the colleges and the District to again find a 1-1 and one/half percent savings for the next fiscal year of 2004. She felt that we could support the individual student as well as the mission of the District by forging a compromise between what we want and what we need.

Dr. Campbell questioned PEL grant funding and other financial services students were receiving. and Dr. Glasper indicated he didn't have information but would provide them.

Mr. Eastin moved for approval of $5 tuition increase as proposed. Mrs. Rosenthal spoke up that she would not support this motion. She stated that too many students were being affected negatively by this action and felt the budget could be reduced in some areas. Dr. Campbell questioned if an alternative solution to this issue could be uncovered. Dr. Gaskin voiced that pending review of this proposal and questions, the motion be withdrawn from any action. Motion withdrawn.

INFORMATION ITEMS

(VI.A) First Reading of Preliminary Proposed Fiscal Year 2003-04 Budget for MCCCD

Dr. Rufus Glasper explained that the current Unrestricted Fund, Current Auxiliary Fund, Current Restricted Fund, and Plant Fund budgets totals $715.2 million.

Associate Vice Chancellor Debra Thompson spoke on the proposed budget to be submitted for preliminary adoption on April 22, 2003. She stated that the budget will then be published pursuant to legal requirement. Truth in Taxation notices also will be published and final adoption of the proposed budget and a Truth in Taxation hearing is scheduled for June, 2003. She presented the highlights of the proposed 2003-04 budget on a PowerPoint presentation. She highlighted enrollment numbers from 1997 to 2003-04, Comparison of the 2002-03 versus 2003-04 Budgets, Fund 1 Resources, Initiatives and Expenditures, Priorities, Best Case/Worst Case Revenues versus Expenditures, as well as Funds 2, 3, and 7 Resources. (copy of slides attached)

MONITORING REPORTS

(VII.A.) Budget Analysis Report Summary
Fund 1 - General Unrestricted Fund
For the Eight Months Ended February 28, 2003

Expenditure analysis indicates 57.8% of the budget has been expended so far this year as compared to 59.0% expended at this same point in time last year. 17.1% of budget remains unexpended or unencumbered and projected expenditures have been reduced and set aside to offset the 4.75% reduction in budgeted revenues from State Aid. Revenue analysis indicates that 68.9% of the budget has been recognized to date.

NEXT BOARD MEETING

The next Governing Board meeting will be a Regular Board Meeting Tuesday, April 22, 2003 at the District Office.

ADJOURNMENT

The meeting adjourned at 9:04 p.m.

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Linda B. Rosenthal
Governing Board Secretary