Minutes 04/27/2004

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
Anna Solley
Ron Bleed
Jose Leyba
Pete Kushibab
Paul Dale
Larry Christiansen
Ken Atwater
DeCabooter
Homero Lopez
Gene Giovannini
Corina Gardea
Linda Thor
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 6:30 p.m.

PLEDGE OF ALLEGIANCE

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

CITIZEN'S INTERIM

Five citizens came forward.

The following citizens came forward to speak on behalf of Gerald Grucky regarding reinstatement to his position at Phoenix College.

Rosemary Cook, Attorney
Ms. Cook has been representing Mr. Grucky regarding his possible dismissal as an employee of Phoenix College for firearms violation. She explained that during Mr. Grucky's 21 year employment, his performance evaluations have exceeded standards and he has received numerous awards for saving lives. She pointed out that during last month's Governing Board Meeting numerous people came forward to state neither they nor Mr. Grucky were aware of company policy pertaining to firearms being prohibited on campus or they would not have done so. As a Sheriff's Posseeman, Mr. Grucky wears a uniform and carries a gun. She also called attention to signed petitions being submitted on behalf of Mr. Grucky requesting that he be reinstated to his position. It was noted that the person (David Sanchez) that had originally reported Mr. Grucky's violation had also signed the petition. She made reference that one employee, Bob Dotterer from the Phoenix Fire Department, and Department Chair Kay Lewis were not aware of the gun policy.

Bob Dotterer, City of Phoenix Fire Department
Thanked the Governing Board for the opportunity to speak on behalf of Mr. Grucky. He stated that it was interesting to note that the individual who had reported the gun incident had also signed the petition which stated support for Mr. Grucky and noted him to be a gifted student advisor and mentor to new faculty in skills instruction and evaluation. The petition requests the opportunity to have Mr. Grucky return to the campus as a proven dependable staff member.

Nancy Grucky, Family Member
Ms. Grucky came forward to speak from a family point of view. She stated she understood Mr. Grucky to be a diligent worker and family member and Phoenix College should reconsider his employment.

Josh Friedman, Maricopa County Sheriff's Office
Mr. Friedman explained that Mr. Grucky had served as his mentor fifteen years ago at the Sheriff's Office. Mr. Grucky had taken classes to enable him to carry a firearm. The two of them had worked together and he now hoped to be able to return the favor by speaking on his behalf. Reference was made to a letter faxed to the Governing Board Members by Mark Griffith, Commander of the Jeep Possee with the Maricopa County Sheriff's Office, also requesting reinstatement for Mr. Grucky.

Kelli Stanoff, Phoenix College EMT/Fire Science Department
Ms. Stanoff stated that when she went through orientation four years ago she did not recall receiving a blue book but did receive a benefits book. She did receive a blue book this year which does state gun rules. She asked the Governing Board to reconsider its employment actions against Mr. Grucky. Students continue to ask for his advice and that Mr. Grucky is an advocate for Phoenix College.

BOARD MEMBER REPORTS

There were no reports.

CHANCELLOR'S REPORT

Chancellor Glasper called attention to the Wellness Initiative which was instituted October 2003 and asked RIO President Thor to explain more about the program established in partnership with the Wellness Council of Arizona and award to be received. Dr. Thor commented that since the program's inception, numerous activities had been sponsored and participation by employees had been outstanding. She introduced Dan Johnson, Executive Director of the Wellness Council, for an up-to-date progress report on the pilot program. Mr. Johnson explained that the award had been given to Rio Salado College and the District Office for their support of the Wellness Program and allowing programs to be videostreamed to both internal and external communities and for its sponsorship of Peak Performance Living. Mr. Todd Aakhus, Wellness Program Coordinator, expressed appreciation for the opportunity to be able to spearhead this effort and acknowledged the assistance provided by Blue Cross/Blue Shield and the Wellness Council in helping to make this program possible.

Vice Chancellor Ron Bleed commented that he wished to acknowledge the efforts of a young man who quietly supports the audio visual requirements of the Governing Board during their meetings. He introduced Mihael Lopatko as a newly sworn in United States Citizen as of two weeks ago.

Vice Chancellor Steve Helfgot acknowledged the Paragon Marketing Awards given to members of the Maricopa organization at the National Council for Marketing and Public Relations Conference. Phoenix College received a bronze award, Rio Salado received silver and gold awards, and GateWay received one silver and three gold awards.

SECRETARY'S REPORT

There was no report.

FACULTY REPORT

Faculty Executive Council President Willie Minor came forward to acknowledge that shared governance was evolving at Maricopa and FEC members looked forward to working with the Governing Board.

EMPLOYEE GROUP REPORTS

Conrad Mills, President of the Unified Craft Association, acknowledged the presence of CPD Team Presidents: Sue Burrola, PSA; Sue Kater, MAT; Steve Riley, M&O; Jeanne Christen and Kristine Ouzts, Adjunct Faculty. They expressed appreciation to the Governing Board, Chancellor, Vice Chancellors Thompson and Leyba for the opportunity to experience being able to work collaboratively in a process equitable to all. They also expressed support of the budget being proposed for 2004-05.

COLLEGE REPORTS

SCC President DeCabooter introduced members of the SCC American Society of Interior Designers Club who participated in a community service project for Sunshine Acres, a private center for preteens and teens. They were: Marci Dusseault, Marcy Dodge, Deborah Sothard, Wendy Rennert, Patricia Craze, Marcia Gonzales, and Gera King. The group ran a "Designers Challenge" among the student body at SCC. Several teams of student interior designers were selected in November 2003 and these teams pursued cash and product donations for their rooms. Prominent businesses facilitated the project through donations of paint and furniture. While the young boys were away for a skiing trip, the designers went to work over a three-day period and came back to redesigned living quarters.

PVC Acting President Paul Dale provided an overview of the AmeriCorp Vista Program in operation in the Palomino School District and Community. He explained that projects being worked on have been excellent outreach programs for the Service Learning Office at PVC and have helped to improve literacy and health services for the Palomino Community.

MCC President Christiansen called attention to the USA Today's 2004 All-USA Community and Junior College Academic Teams Recipients of which four Maricopa students were selected from 1,528 candidates nominated. Two students, Christian Turner from MCC and Susan Boulanger from Rio Salado, received the Second Team All USA Medallion. First Team Recipients from Maricopa were Joseph Luchenta and Kelley Steward from MCC. Recipient of a Phi Theta Kappa Award was Zahid Hrab who was elected to national office in the organization, one of only three Maricopa students ever to hold such office. MCC's Phi Theta Kappa chapter was recognized as one of the 100 top chapters in the nation.

RSC President Thor announced that their Partnership with AT&T for Spanish training of call center operators had received an award from the National Council of Administrators for the third year in a row. This program was honored by Fortune Magazine in February of this year.

CGCC President Hesse mentioned that Chandler-Gilbert was the winner of the 2004 National Council for Student Development Exemplary Best Practice Award at AACC. Members of the planning team included Jody Richardson, Rebecca Hall, and Lois Bartholomew.

STUDENT LIFE REPORT

GCC: Student Life Representatives reported on their recent activities which included a BBQ for students on campus, the First Annual Knowledge Bowl, the First Annual Students' & President's Discussion,
Traditional Entertainment on the Green, and a wonderful season of athletic games by the basketball, forensics, and football teams. They were able to return $3,000 to student clubs on campus and the new student government constitution will be completed soon.

EMC: It was reported that the Student Life Group participated in the Race for the Cure, Honors Lectures, attendance of the International Conference in Minneapolis, and that their group experienced a 15% increase in membership. They are in the midst of Project Graduation right now but most recently they sponsored Spring Fling, Christian Club and FTA activities, an Easter Egg Hunt, the ESL Banquet, a Scholarship Luncheon, and a Hunger Banquet.

GWC: Tina Spencer came forward to report on Student Life activities which included family night, poetry reading, a trip to the Museum of Tolerance, and a Women's Forum silent auction which netted them $900 for GED scholarships.

STRATEGIC CONVERSATION FOLLOW-UP REPORT

Teresa Toney, Manager Maricopa Governance/Ombuds Service, provided the report on the April 13 Strategic Conversation. She reported that the conversation focused on Inclusiveness and Diversity as a characteristic of Maricopa's culture. The general goal of the conversation was to increase a shared understanding of culture, inclusiveness and diversity in order to help us work more effectively in accomplishing Maricopa's Mission and assisting students accomplish their goals. The planning team is preparing a summary report with recommendations that include suggestions for similar dialogs on organizational culture by the colleges, district office, departments and divisions; a review of the report and recommendations by the Diversity Advisory Council to help facilitate action and followup; and determining a definition for "inclusiveness"; disseminating the written report to appropriate other Councils Deans Councils for their review.

ACCA/AADGB REPORT

Mrs. Rosenthal reported on the April 8 meetings held at the Red Mountain Campus. The Nominating Committee was appointed and the 2004-05 ACCA budget was approved. A draft policy governance document was discussed.

LEGISLATIVE REPORT

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

AWARDS AND RECOGNITIONS

There were no additional awards and recognitions reported on.

APPROVAL OF THE AGENDA

President Rosenthal requested a motion to approve the agenda.

MOTION NO. 9228

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 March 23, 2004 Regular Governing Board Meeting, and April 13, 2004 Strategic Conversation.

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

(D-2) APPROVAL OF DUAL ENROLLMENT WITH CHARTER AND PRIVATE SCHOOLS - Authorize entry into agreements on behalf of its colleges with the private and charter schools listed below for their dual enrollment programs.

(D-3) APPROVAL OF CONTRACT FOR SCOTTSDALE COMMUNITY COLLEGE AND MARICOPA COUNTY HUMAN SERVICES DEPARTMENT INTERGOVERNMENTAL AGREEMENT HEAD START PROGRAM - Approve the Intergovernmental Agreement between Scottsdale Community College and the Maricopa County Human Services Department Head Start Program to continue a working relationship to provide Early Childhood Education related services to low-income and special-needs children of enrolled Scottsdale Community College students. Effective date of the agreement is October 1, 2004 to September 30, 2005.

(D-4) APPROVAL OF CHARTER SCHOOL AGE REQUIREMENT CHANGE - Approve an amendment to accept ninth graders and approve replacing the current 16-21 year old age requirement contained in the charter of GateWay Community High School with a 14-21 years old age requirement..

(D-5) APPROVAL OF CHARTER SCHOOL ENROLLMENT CHANGES - Approve the proposed modifications to GateWay Community High School's maximum allowable student enrollment over the next four years.

(D-6) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN MCCCD AND MARICOPA COUNTY HUMAN SERVICE DEPARTMENT, HEAD START PROGRAM - Accept the Intergovernmental Agreement for $135,000 from the Maricopa County Human Services Department. Under the IGA, the Human Services Department will pay MCCCD for tuition plus appropriate fees, and supplies for Maricopa County Head Start eligible parents and staff at the District's colleges. The IGA will be effective on July 1, 2004 and will terminate on June 30, 2006.

(D-7) APPROVAL OF INTERGOVERNMENTAL AGREEMENTS FOR DUAL ENROLLMENT WITH PUBLIC SCHOOL DISTRICTS - Approve entry into Intergovernmental Agreements on behalf of its colleges with the following public school districts:

(D-8) APPROVAL OF GENERAL MOTORS TRAINING CENTER - 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 May 1, 2004- May 31, 2004.

(D-9) APPROVAL OF LEARNING MANAGEMENT SYSTEM FOR CUSTOMIZED ON-LINE DELIVERY - Approve the professional services contract with Semizone Inc. of Palo Alto, California for implementation of MATEC's modules for e-learning/online distribution and support via Semizone's e-learning infrastructure and Learning Management System.

(D-10) APPROVAL OF UAW-FORD NATIONAL PROGRAM CENTER - GLENDALE COMMUNITY COLLEGE - Approve a two-year extension of the contract agreement with UAW-Ford in the amount of $70,108 to provide an Educational Center at the Ford Parts Depot located at 1411 South 47th Avenue in Phoenix. The contract period will be from July 1, 2004 - June 30, 2006.

(D-11) APPROVAL OF WORKFORCE DEVELOPMENT IN BENIN, AFRICA - Accept an award in the amount of $99,908 from the U.S. Agency for International Development allocated via the Association Liaison Office for University Cooperation in Development to implement a partnership between the Maricopa Community Colleges and the National School of Applied Economic and Management in Coutonou, Benin, Africa.

MOTION NO. 9229

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 PVCC B BUILDING NAME CHANGE - Approve the renaming of the PVCC B- Building as the Gina Kranitz Student Center.

MOTION NO. 9230

Dr. Campbell moved for approval of the renaming of the PVCC B- Building as the Gina Kranitz Student Center. Motion approved 5-0.

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

MOTION NO. 9231

Mrs. Stein 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.

MOTION NO. 9232

Mr. Contreras moved that the Governing Board issue a written reprimand to Mr. Grucky, with no dismissal. Motion not approved 2-2 (Stein & Rosenthal - nay; Crowley abstained)

MOTION NO. 9233

Mrs. Stein moved that the Governing Board issue Mr. Grucky a ten-day suspension. Motion approved 4-1 (Rosenthal - nay).

The following comments were made by Governing Board Members:

Mr. Crowley stated that he would be abstaining from this action.

Mr. Contreras commented that after reviewing the information presented by Mr. Grucky, it was his recommendation that a written reprimand in lieu of dismissal be issued.

Mrs. Stein proposed that Mr. Grucky be suspended for a period of ten working days and not be dismissed.

Dr. Campbell commented that he would be in support of Mr. Contreras' recommendation in view of the number of people that have come forward in support of Mr. Grucky.

Mrs. Rosenthal stated that she had carefully reviewed the information and would not support the recommendations to not dismiss Mr. Grucky.

(C-3) APPROVAL OF EMPLOYEE GROUP SALARY SCHEDULE ADJUSTMENTS FY 2004-2005 - Authorize the following compensation adjustment for employee groups and the Skills Center to be effective for FY2004-05:

• All employees who are eligible for a step under existing salary schedules will receive a step payment.
• A new step will be added to all salary schedules, and employees at the top step in their grade in the current fiscal year will move into this new step.
• Employees in PSA and M&O grades 1-4 will receive a 3% salary adjustment to their grades. Consistent with standing practice, the exception is for Y-rated employees (or employees in salaries beyond the top of their salary grade). Y-rated employees in those grades will receive a 1.5% increase, as will all existing Y-rated employees with salaries that exceed the new salary schedules (employees with salaries below the new top of scale will move into the appropriate step and no longer will be Y-rated).
• The adjunct faculty rate and residential faculty overload rate will be $675 per load hour.
• A maximum total of $300,000 is reserved for all employee groups for varied additional meet and confer or collaborative policy development items such as professional growth, reassigned time, movement of crafts employees in grades 8 and 9 to grade 10, etc; specifics will be shared as part of proposed policy manual changes.

MOTION NO. 9234

Mr. Contreras moved for approval of proposed compensation adjustment for employee groups and the Skill Centers to be effective for FY-2004-05. Motion approved 5-0.

(E-1) APPROVAL OF GWCHS REVISED BUDGET FY 2003-04 - Approve the 2003-2004 revised budget for GateWay Community High School.

MOTION NO. 9235

Dr. Campbell moved for approval of the 2003-2004 revised budget for GateWay Community High School. Motion approved 5-0.

(E-2) APPROVAL OF PROPOSED TUITION AND FEES - FISCAL YEAR 2004-05 BUDGET - Approve the adoption of the proposed FY 2004-2005 Tuition and Fee Schedule as attached. The major proposed change in cost is a $4.00 increase to the in-county resident tuition rate per credit hour to $55.00 per credit hour.

MOTION NO. 9236

Dr. Campbell made a motion for adoption of the proposed FY 2004-2005 Tuition and Fee Schedule as attached. The major proposed change in cost is a $4.00 increase to the in-county resident tuition rate per credit hour to $55.00 per credit hour. Motion approved 4-1 (Stein - nay).

The following comments were made by Governing Board Members:

Mrs. Stein commented that she stood firm on her conviction to vote against the tuition increase in view of the upcoming bond and property tax increase. She asked how often the organization could continue to go to the well and that students could not keep up with increases. In spite of scholarships and financial aid available, many students do not qualify. She stated she would vote no on this issue.

Mr. Contreras stated that at last month's meeting he had expressed concerns regarding the proposed tuition increase and had proposed something less. As a result of meeting with staff and attending a retreat on this issue, he sought changes in the allocation of funds to at risk scholarships. He has become aware that many courses are filling up and there are insufficient health and science courses. He feels that the low-middle income group still needs more funding to pay for their tuition. He felt that financial aid departments need to operate more efficiently to maximize funds and look at long-range plans to meet needs, not just be looking at this as a one-time action.

Dr. Campbell commented that this district has been in existence for forty years and during this time has seen increased taxes, tuition, and book fees. There is no assurance that prices will remain the same. We must take into account that things change.

Mr. Crowley stated that he had done his due diligence to justify this tuition increase. Each employee group has asked him to support this tuition increase. There is a need to find alternate sources since state aid has not come through. He is supportive of the $4 increase because of changes made to the proposal.

(E-3) APPROVAL OF PROPOSED FISCAL YEAR 2004-05 BUDGET - Approve the adoption of the proposed FY2004-05 Budget totaling $989,777,965. The April budget will be published pursuant to legal requirements. Truth in Taxation notices will also be published. Final budget adoption and a Truth in Taxation hearing are scheduled for June 8, 2004. The June budget will not exceed the April budget, but the alignment of funds will differ as final budget allocation decisions are made and funds are moved from reserve to the prioritized programmatic needs including any salary increases that may be approved by the Governing Board.

The following comments were made by Governing Board Members:

Mrs. Stein commented that she did not consent to the tuition increase and would not vote in favor of the 2004-05 Proposed Budget.

Mr. Contrereas inquired if interest earnings on revenue bonds could be allocated to other than targeted projects. Ms. Thompson responded that this was a practice they would not want to pursue.

MOTION NO. 9237

Dr. Campbell moved for adoption of the proposed FY2004-05 Budget totaling $989,777,965. Motion approved 4-1 (Stein - nay).

MONITORING REPORTS

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

Expenditure analysis indicates 68.6% of the budget has been expended so far this year as compared to 66.2% expended at this same point in time last year. 14.6% of the budget remains unexpended or unencumbered compared to 14.7% in the prior year. Revenue analysis indicates that 73.0% of the budget has been recognized to date. Projected fund balance will increase by about $27 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

(VI.B.) 1994 General Obligation Bonds
Series A (1995), Series B (1997), Series C (1999), and
Series D (2001) and GO Bond Refunding Series (2002)
Receipts and Disbursements Analysis and Capital Development Plan Summary As of March 31, 2004

As of March 31, 2004, about $373 million of bond proceeds have been expended representing about 96.7% of total proceeds available from the bond authorization and capital development plan. G.O. Bond Project expenditures have averaged about $0.5 million per month this fiscal year. Bond proceeds are invested until expended. As of December 31, 2003, about $35.7 million in interest has been received on invested proceeds. Approximately $2.6 million of these earnings have been paid to the IRS and another $1.3 million set aside as payable to the IRS for Series C and D. Of the balance of $31.8 million, about $0.7 million was used for bond election and issue costs, $10.6 million for debt service, $5.2 million for the GateWay and Estrella Mountain land purchases, $1.1 million for additional parking at GateWay and Glendale, $0.6 million for Chandler-Gilbert. New Construction Building and $6.0 million for Life w/o Bond. Remaining earnings of nearly $7.6 million are invested and will be used for future debt service or capital projects - such as Life Without the Bond.

(VI.C.) Revenue Bond Projects
Receipts and Disbursements Analysis
As of March 31, 2004

As of March 31, 2004, 100% of bond proceeds have been expended for the Chandler-Gilbert PAC and South Mountain PAC. The expenditures for the Paradise Valley PAC have been about $.8 million, representing 11% of the total bond proceeds available. Bond proceeds are invested until expended. As of March 31, 2004 $1,161,399 in interest has been received on invested proceeds. About $76,121 has been expended for bond issue costs and professional fees, representing 7% of all interest earned from Revenue Bond proceeds. Remaining earnings of over $1,085,278 are invested and will be used for future professional fees, debt service, or PAC Projects.

NEXT BOARD MEETING

The next Governing Board Meetings will be a Strategic Conversation to be held on Tuesday, May 11, 2004 at the District Office and a regular Governing Board Meeting will be held on May 25, 2004 at the District Office.

ADJOURNMENT

The meeting adjourned at 8:05 p.m.

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Dr. Donald R. Campbell
Governing Board Secretary