Minutes 05/22/2007

MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
GOVERNING BOARD
MAY 22, 2007
MINUTES

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
Colleen Clark, Member
Scott Crowley, Member
Jerry Walker, Member

ADMINISTRATION
Rufus Glasper
Maria Harper-Marinick
Debra Thompson
Darrel Huish
Steve Helfgot
Albert Crusoe
Anna Solley
Pete Kushibab
Mary Kay Kickels
Patricia Cardenas-Adame for Wayne Giles
Kay Martens for Ken Atwater
Ginny Stahl for Art DeCabooter
Augustine Gallego
Kathy Kunath for Gene Giovannini
Linda Thor
Velvie Green
Maria Hesse

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

PLEDGE OF ALLEGIANCE
The assembly pledged their allegiance to the United States of America led by Governing Board Member Don Campbell.

CITIZEN'S INTERIM
Ray Fowler, former employee at Mesa Community College, came forward to appeal his employment dismissal due to operation of a motor vehicle on suspended driver’s license. Mr. Fowler indicated that he had not spoken to his supervisor after this happened and was asking for an opportunity to have his termination reconsidered.

Charles Summers, Director of College Safety at Estrella Mountain Community College, came forward to express his support of Maria Sutton as a friend and colleague. He stated that Ms. Sutton was known to be very supportive of college safety and asked the Board to reconsider her situation and rescind her recommended termination.

Maria Sutton, Certified College Safety Officer, came forward on her own behalf to appeal her recommended termination. She stated that she had been an employee of MCCCD for thirty years, starting out as a student worker and serving as policy group president for College Safety. She stated that during these thirty years she had received numerous awards, including Woman of the Year at PVC. During her employment she received her associates degree and had enough credits for a bachelor’s degree. She indicated that the termination process was done very hastily and did not have time to present her case and that things were magnified. She commented that she had not dishonored the badge and would like to remain employed until September when she will have the 80 points for retirement.

Mark E. Deterding, College Safety Officer at EMC, spoke on behalf of Ms. Sutton. He stated that he has been a police officer since 1970 and in all that time has never seen a situation to terminate a police officer without due process. He expressed hope that the Board would take this into consideration the thirty years service that Ms. Sutton had given to this organization. He felt it was worth at least four more months to receive her pension.

Edwin Mikesell, Certified College Safety Officer at EMC, also came forward in the matter of Maria Sutton’s recommended termination. He attested to her integrity and dedicated service to faculty, students, and the Maricopa Community College District. He stated he was proud to serve with her and asked the Board to reconsider this action.

Cleopatria Martinez, representing AACHE, spoke on behalf of Ms. Sutton and expressed support for her in this situation. She stated that Ms. Sutton represented her college in a very professional manner and was a dedicated and professional employee. She urged the Board Members to take into consideration her many years of dedicated work and service. She requested an opportunity for Ms. Sutton to rectify her mistakes and respond to allegations made against her.

BOARD MEMBER REPORTS
There were no reports.

CHANCELLOR'S REPORT
Chancellor Glasper announced his recommendation of Dr. Ernie Lara for the position of President of Estrella Mountain Community College. He requested that Dr. Lara stand and be recognized as the recommended candidate for this position.

SECRETARY'S REPORT
There was no report.

FACULTY REPORT
Faculty Executive Council President Reyes Medrano commented that no report would be made this evening.

VICE CHANCELLOR REPORTS
There were no reports.

COLLEGE REPORTS
Kathy Kunath, substituting for GWC President Giovannini, introduced Yvonne Waterson, Principal of the GateWay Early College High School, who present to provide highlights of student accomplishments. Students present were Athena Badilla, Jessica Moreno, Jesus Gastelum, Jose Ornelas, Chancis Benjamin, and Jose Razo. Also present was English teacher Amanda Patrie. Ms. Waterson commented in detail what each student had accomplished in terms of college credits and academic accomplishments.

Dr. Maria Hesse, President of Chandler Gilbert Community College, announced that Chandler-Gilbert Community College was the recipient of a $500,000 gift from Catholic Healthcare West and United Healthcare ($250,000 each) which was intended to help pay for construction of a new Healthcare/General Building at CGCC’s Williams Campus and was scheduled to break ground this summer. She distributed copies of newspaper articles regarding this donation.

STRATEGIC CONVERSATION FOLLOW-UP REPORT
There was no report.

ACCA/AADGB REPORT
There was no report.

LEGISLATIVE REPORT
Page Gonzales, Associated Director of Government Relations, provided the following updates pertaining to the legislation impacting community colleges.

• General Update: This was day 135 of the session. Legislative per diem has decreased. If they do not complete their business by this Thursday, they would be looking at mid –June for a possible sine die date as several legislators have booked vacations beginning this weekend. At this rate, the legislature has and will pass approximately 20% of the bills they introduced this session.

• Budget Update: The House Appropriations committee heard and passed several budget bills. When the House brought the budget to the floor last week, it failed. The bill was reconsidered and passed with 31 votes and some horsetrading. Although it was called a “useless gesture” today, this changes the landscape again in these last weeks. The Senate introduced a budget package that has bipartisan and Executive support. The Senate passed all of their budget bills out of their chamber with very little no votes and now the House has control of those bills as well. In total, there are 171 differences between the House and Senate budgets including a vast difference in tax cut proposals and teacher salary appropriations. Despite all of this intrigue, most importantly community college base and formula funding are included in both budget packages.

This has been a busy session for community colleges. Issues included:

Ms. Gonzales encouraged those interested to visit the Government Relations website for links to the legislature and for biweekly updates which provide bill status and general session summaries. That website is: www.maricopa.edu/govrel

APPROVAL OF THE AGENDA
President Rosenthal requested a motion to approve the agenda.

MOTION NO. 9427
Vice Chancellor Al Crusoe requested removal of Action Item V.B.2 (Leave of Absence Policy – Personal Time Policy Provisions). Scott Crowley moved that the Governing Board agenda be approved with the exception of the removal of V.B.2. Motion approved 5-0.

CONSIDERATION OF CONSENT AGENDA
President Rosenthal requested a motion to approve the Consent Agenda.

The following items were included on the Consent Agenda:

A.1. APPROVAL OF MINUTES – Approve the minutes of the April 10, 2007 work Session and April 24, 2007 Regular Governing Board Meeting

B.1. CONSIDERATION OF EMPLOYMENTS, RESIGNATIONS, RETIREMENTS AND TERMINATIONS – Approve the proposed employments, resignations, retirements and terminations as submitted with addendum. Note: The name of Maria Sutton was removed from the Separations for separate discussion.

C.1. APPROVAL OF PROPOSED CURRICULUM AND PROGRAMS - Approve the proposed curriculum and programs as submitted.

C.2. APPROVAL OF AGREEMENT FOR DUAL ENROLLMENT WITH ARIZONA LUTHERAN ACADEMY- authorize entry into an agreement on behalf of its colleges with the Arizona Lutheran Academy for their dual enrollment program.

C.3. APPROVAL OF COMMUNITY COLLEGE GRANT FOR NURSING PROGRAMS, SOLICIATION NO. G025-06 – accept an award for year two of a three-year grant from the Arizona Department of Commerce in the amount of $332,544.09 to Phoenix College for the Community College Grant for Nursing Programs, Solicitation No. G025-06. Year two project funding will be available from 06/30/07 to 06/30/08.

C.4. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ARIZONA COMMISSION FOR THE DEAF AND HARD OF HEARING – PHOENIX COLLEGE - approve the intergovernmental agreement with the Arizona Commission for the Deaf and Hard of Hearing, to provide training for the Certified Deaf Interpreters (CDI) at Phoenix College. The period of agreement is from May 2007 through June 30, 2009.

C.5. APPROVAL OF ARIZONA DEPARTMENT OF COMMERCE NURSING GRANT - GATEWAY COMMUNITY COLLEGE- approve the third year of funding from the Arizona Department of Commerce for the Part-Time Evening Fast Track Practical Nurse to Associate Degree Program. Funds received will be $383,308. Year three is effective July 1, 2007 through June 30, 2008.

C.6. APPROVAL OF CONTINUATION OF THE MESA COMMUNITY COLLEGE NATIONAL SCIENCE FOUNDATION ADVANCED TECHNOLOGY IN EDUCATION (ATE) GRANT FOR BIOTECHNOLOGY FOR THE 2007-2008 ACADEMIC YEAR- approve the acceptance of $265,776 from the National Science Foundation for the continuation of the second year of the three year grant to Mesa Community College Award No. DUE - 0603491. This grant involves creating a true 2+2+2 pipeline using genomics research to increase the number of students and better prepare them for entering the local biotechnology workforce. This would be for the 2007-2008 academic year (07/01/2007 - 06/30/2008).

C.7. APPROVAL OF INTERGOVERNMENTAL AGREMENT BETWEEN MESA COMMUNITY COLLEGE AND MARANA UNIFIED SCHOOL DISTRICT - approve an Intergovernmental Agreement between Mesa Community College (Regional Academy) and Marana Unified School District on behalf of Mountain View High School for the 2006-2007 fiscal year ending June 30, 2007. This agreement is for training and support services for the CCNA* curriculum to be provided to the aforementioned high school as Cisco Local Academy for an annual participation fee of $2,500.

C.8. APPROVAL OF INTERGOVERNMENTAL AGREEMENT FOR RIO SALADO’S TEACHER IN RESIDENCE PROGRAM AND GANADO SCHOOL DISTRICT - authorize entry into an Intergovernmental Agreement for Rio Salado’s Teacher in Residence Program and Ganado Unified School District No. 20. Please note that under this agreement Rio Salado College is reimbursed for expenses if the district chooses to have Rio supervise the student teacher.

C.9. APPROVAL OF A NEW SYSTEM VIEW OF ELECTRONICS FOR 2010 - accept a grant from the National Science Foundation to the Maricopa Advanced Technology Education Center (MATEC) of the Academic Affairs Division in the amount of $883,000 for this three-year project starting on July 1, 2007 through June 30, 2010, pending receipt of funding notification.

C.10. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN NATIONAL CETNER FOR TEACHER EDUCATION AND TEMPE UNION HIGH SCHOOL DISTRICT NO. 213 – COMMUNICATION IN SCIENCE INQUIRY PROJECT (CISIP) - approve an Intergovernmental Agreement between the National Center for Teacher Education and Tempe Union High School District. This Agreement shall be effective from June 4, 2007 through May 4, 2008. The agreement is for professional development services, offered June 4, 2007 – July 27, 2007, for the Communication In Science Inquiry Project (CISIP) provided to twelve teachers for a cost-share of $725 per teacher.

C.11. APPROVAL OF ANNUAL RENEWAL – IGA BETWEEN CHANDLER-GILBERT COMMUNITY COLLEGE &ASU POLYTECHNIC FOR THE WILLILAMS CAMPUS LEARNING CENTER - approve the renewal of an IGA which provides for an extension beginning July 1, 2007 until June 30, 2008. Content and terms of the IGA will remain unchanged. The IGA will continue to provide a mechanism whereby CGCC students, faculty and staff may use the ASU Polytechnic Learning Center in order to pursue academic endeavors at the Williams Campus. CGCC and ASU Polytechnic, by virtue of their co-location at the Williams Campus and the long history of university-community college cooperation in Maricopa County, are engaged in a joint and cooperative endeavor to provide students with a four-year degree offered entirely at the Williams Campus, making optimal use of public resources and the special strengths of the two institutions.

C.12. APPROVAL OF 2007-08 FACULTY PROFESSIONAL GROWTH UNPAID LEAVE RECOMMENDATION - Approval for the following:
2007-2008 Professional Unpaid Leave for
Mehrzad Khorsandi (Mesa Community College)
Dates: August 13, 2007 through May 9, 2008
Professional unpaid leaves are those leaves that are recommended by the Professional Growth Committee, approved by the Chancellor or designee, and relate to the faculty member’s assigned duties. Therefore, the member is entitled to continuing service credit (advancement on salary schedule and continuous credit for sabbatical leave). The purpose of the Professional Unpaid Leave is to upgrade the educational program of the College by improving faculty competency.

D.1. APPROVAL OF CGCC PERFORMANCE ARTS CENTER NAME CHANGE - approve the renaming of the CGCC Performing Arts Center as the Arnette Scott Ward Performing Arts Center.

D.2. APPROVAL OF CONTRACT AWARD FOR SUMMER 2007 PAVEMENT MAINTENANCE - approve awarding a contract in the amount of Three Hundred Forty Thousand Two Hundred Ninety-Three and 80/100ths Dollars ($340,293.80) to Southwest Slurry Seal, Inc. to provide annual preventive maintenance and rehabilitation of the asphalt paving at the following locations: CGCC, CGCC/Williams, EMCC, GCC, GWCC, MCC, MCC at Red Mountain, MSC, PC, PVCC, RSC, SCC, and SMCC.

D.3. APPROVAL OF PARTIAL GUARANTEED MAXIMUM PRICE AWARD FOR DISTRICT-WIDE CENTRAL PLANT IMPROVEMENTS – PHASE II FOR BOILERS AT PHOENIX COLLEGE - approve a partial Guaranteed Maximum Price (GMP) of Two Hundred Twenty-Three Thousand Four Hundred Eighty-Eight and no/100ths Dollars ($223,488.00) to Bill Stacey Construction for the early purchase of two (2) boilers for Phoenix College.

D.4. APPROVAL OF PARTIAL GUARANTEDDD MAXIMUM PRICE FOR NEW SOUTHWEST PHYSICSAL SCIENCE BUILDING AT MESA COMMUNITY COLLEGE - approve a partial Guaranteed Maximum Price (GMP) of Five Million Two Hundred Twenty-Eight Thousand Eighty-Two and no/100ths Dollars ($5,228,082.00) to Barton Malow for the early purchase and installation of steel, concrete, masonry, elevators, and steel lab casework for the new Southwest Physical Science Building at Mesa Community College.

D.5. APPROVAL OF CONCEPTUAL APPROVAL FOR A NEW PARKING STRUCTURE AND COLLEGE SECURITY OFFICES FOR PHEONIX COLLEGE - provide conceptual approval for a new Parking Structure and Security Offices at Phoenix College, with a total project budget of $5,993,200.

E.1. APPROVAL OF 2007-2008 STUDENT INSURANCE PROGRAM RENEWAL - approve the renewal of our student insurance policies per the attached schedule for FY 2007-08.

E.2. APPROVAL OF PENDING LITIGATION SETTLEMENT – STEINER V. MCCCD - approve the payment of $87,000 for the benefit of Brandy Steiner and Alexandra Steiner, as consideration for settlement of a claim arising out of Phoenix College.

F.1. APPROVAL OF BACKUP TAPE SYSTEM EXPANSION- approve the expenditure of $213,000 for expansion of the tape backup system in the DSSC Data Center. This is to be purchased under NAU contract number P06CL003 from Dell Computer.

MOTION NO. 9428
Scott Crowley requested the removal of the name of Maria Sutton from the separations page of Action Item V.B.1 and moved for approval of the Consent Agenda with this one exception. Motion approved 5-0.

B.3. APPROVAL OF GOVERNING BOARD REVIEW OF LEVEL 5 FACULTY GRIEVANCE - Review the pending grievance submitted by Christina Novak, as well as the evidence in connection with such grievance.

MOTION NO. 9429
Scott Crowley moved to overturn the Level 3 decision recommended by the Vice Chancellor of Human Resources, however, after hearing an explanation from the Vice Chancellor and a rebuttal from the attorney for the faculty member, Mr. Walker made the motion to postpone rendering a decision until further information was presented.. Motion approved 5-0.

VI.A. INFORMATION ITEMS

2007-2008 TEMPORARY PAY RATES – TEMPORARY EMPLOYEE GUIDELINES

(VII.A.)

Budget Analysis Report Summary

Fund 1 - General Unrestricted Fund

For the Tenth Month Ended April 30, 2007

Expenditure analysis indicates 71.8% of the budget has been expended this year as compared to 76.4% expended at this same point in time last year. 16.4% of the budget remained unexpended or unencumbered compared to 12.1% in the prior year. Revenue analysis indicates that $388.4M of the budget has been recognized. The projected fund balance will increase by $0.7 million this fiscal year and the projected ending fund balance for June 2007 is $80.2M.

NEXT BOARD MEETING

President Rosenthal announced that the next Governing Board Meeting would be a regular meeting scheduled for May 22 at the District Office at 6:30 p.m. and a public hearing scheduled for June 12  at 6:00 p.m. at the District Office.

ADJOURNMENT
The meeting adjourned at 7:10 p.m.

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Dr. Donald R. Campbell
Governing Board Secretary