Minutes 05/24/2005

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

Scott Crowley, Secretary
Linda Rosenthal, Member
Ed Contreras, Member
Jerry Walker, Member
ABSENT: Don Campbell, President

ADMINISTRATION

Rufus Glasper
Steve Helfgot
Debra Thompson
Jose Leyba
Maria Harper-Marinick
Anna Solley
Ron Bleed
Pete Kushibab
Mary Kay Kickels
Larry Christiansen
Ken Atwater
John Neibling for Art DeCabooter
Bryan Tippett for Homero Lopez
Gene Giovannini
Karen Mills for Linda Thor
Phil Randolph
Maria Hesse

CALL TO ORDER

The regular meeting was called to order at 6:35 p.m.

EXECUTIVE SESSION

The executive session was called to order by Secretary Scott Crowleyat 5:30 p.m.

PLEDGE OF ALLEGIANCE

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

CITIZEN'S INTERIM

The following citizens came forward:

Dr. Ernesto Escobedo, MCCCD AACHE, provided an overview of the group's focus of awarding scholarships to MCCCD students, helping students to develop into leaders, and affirming its solidarity with MECHA and ALE. Dr. Escobedo also indicated that AACHE would be hosting a district-wide meeting at Phoenix College during the fall convocation to examine emerging Latino issues. (A copy of Dr. Escobedo's complete comments is included with these minutes.)

Irene Chavez, Hispanic Education Coalition, expressed the group's position regarding Board Member Jerry Walker's remarks toward the Gay and Lesbian Community. She stated that as board members, it was their duty to strongly oppose discrimination in any shape or form. She referenced Mr. Walker's previous comments when the Hispanic Education Coalition opposed Dr. Gardea's dismissal and also commented on the silence of the other Board Members objecting to these comments. She cautioned not to allow silence to speak for the Board and damage the reputation of the Board. She stated that the Arizona Hispanic Education Coalition desired a statement from the Board that Mr. Walker's behavior would not be tolerated. (A copy of Ms. Chavez's comments is included with these minutes.)

Sandy Zetlan, Estrella Mountain Community College Faculty, came forward to respond to the homophobic statements made by Board Member Jerry Walker. She stated that in addition to be a faculty member, she was also white, female, gay, and Jewish. She stated that out of 60,000 Jews living in Lithuania only 3,000 survived and among them were her step-father and other family members. As a child Ms. Zetlan used to wonder why these Jews didn't resist and fight back. She now believes they had no idea what was in store for them. The Holocaust was beyond anything they could have imagined. 65 years ago no one had the word genocide in their vocabulary. The horrors of the killing fields of Cambodia, Sudan, and Ruwanda and ethnic cleansing in Bosnia did not yet exist. And who could believe that what started slowly such as restricting Jews from owning a business, of shopping for food, expressing their beliefs, and of going to school could end in the deaths of so many. Now she understands how intolerance can end and more importantly she understands how it starts. It starts innoguously with a single undertoned comment that seeks approval from those around it. That comments seeks to get support, to gain support from the many for the advantage of the many. She expressed being proud that the history of this organization had been one of non-discrimination and that as a white, female, Jewish, gay person she can be a Maricopa faculty member that can provide students with a quality educational experience regardless of race, color, religion, gender, sexual orientation, national origin, age, disability, or veteran status. She stated that it was her hope that this policy would continue to be a priority for Maricopa as the organization moved forward into the future.

Dr. Regi Munro, Citizen, came forward with comments directed at Board Member Jerry Walker. She stated that the comments he made regarding MCCCD's students and curriculum demonstrated a completed lack of knowledge and respect for the principles of the Maricopa Community Colleges. She further stated that she did not have any confidence in his ability to serve on this governing board and represent the vision, mission, and values which guide the faculty, administration and staff in how students are served. She stated that she was honored as a faculty member to be part of the commitment to excellence that Maricopa has to its students in providing the best education and opportunities for success. Delivering excellence in her teaching is what she does best. She also stated to Mr. Walker that he did not have the knowledge nor the expertise to tell her how to teach her class but more importantly he did not have the power to limit her freedom to develop and implement the curriculum in the courses that she teaches. As a citizen of the United States, it is the constitution that grants and protects her freedom.

BOARD MEMBER REPORTS

Mrs. Rosenthal reported on the many end of semester celebrations, receptions, convocations, and graduation activities which is she is always so pleased to be a part of. She called attention to two awards she received from the United Tribal Employee Council and the Gay and Lesbian Human Right Association which she was truly pleased to receive. She commented that she wanted to take this opportunity, in view of recent occurrences, to reaffirm her commitment to policies of inclusion and diversity.

Mr. Contreras called attention to an e-mail he had sent out and commented that although he is respectful of anyone being allowed to have their own opinion which may not be his opinion, he is concerned about any attack on the values that the Maricopa District may have which he has worked hard to uphold. He stated that he will always defend those values because they are the values that the Board respects and holds close to their heart. Any attack made either to an individual who is attending one of our colleges or any one of our employees he will unwaveringly defend those values and he will ensure that the Board knows that they are a priority for him and they should be to them as well.

Mr. Walker commented that he had a brief statement to make regarding his remarks which were taken out of context regarding academic freedom. His belief that if you offered a course and you gave a catalog description of that course and the employer expects that an individual will be able to function within the confines of that course, and you do not teach the material in that course, you are stealing from the students and the public. There are board members that don't agree with him. That is their prerogative, no one has to agree with him but they do have to honor his First Amendment right to speak his mind. He stated that he supports the upcoming amendment to the Constitution of the State of Arizona protecting the sanctity of marriage and that this constitutional amendment will overshadow all the political subdivisions of the State of Arizona. All he can do is work and hope that they can successfully pass that law so that disagreements had here will be moot and irrelevant.

Mr. Crowley reported that he had attended the graduation ceremonies at Estrella Mountain Community College and expressed appreciation to Dr. Lopez for the invitation extended to him. He informed those in attendance that he had expressed his comments regarding Mr. Walker in an e-mail he had sent out to the District as a whole.

CHANCELLOR'S REPORT

Dr. Glasper provided an update on the search efforts for the President of Glendale Community College. The finalist, Wilfredo Nieves, withdrew last week due to family conflicts and the search committee is scheduled to meet to discuss remaining pool candidates. Dr. Randolph has agreed to extend his stay for another 3-4 weeks and the committee will attempt to have a new president in place by January. Dr. Glasper also reported that recent discussions have been held to decide on how to move ahead with Maricopa's Vision/Mission/Values Statements. A calendar is being put in place to affirm our process and make recommendations to the Governing Board to reaffirm how students, employees, and constituents are valued.

SECRETARY'S REPORT

There was no report.

FACULTY REPORT

Carmela Arnoldt reported for the Faculty Executive Council in the absence of President Jamie Moore. She expressed best wishes for a long and restful summer to everyone and also expressed heartfelt appreciation from the Glendale faculty to Dr. Phil Randolph for his leadership and professionalism during his tenure as President of Glendale Community College.

EMPLOYEE GROUP REPORTS

The Women's Leadership Group was represented by Emily Weinacker and Susan Taffer. They expressed that the mission of their group was to provide for the continuous development of a strong and supportive work environment for the diverse women of the Maricopa Community Colleges. They stated that in view of recent events triggered by personal opinions expressed in an official capacity by one of the Governing Board Members, their executive council had directed them to read a letter to the Board with reference to Maricopa's Guiding Principles. A copy of their letter is included in this meeting packet.

Suzanne Martin, President of the Management, Administrative and Technological Employees' Organization, came forward to express the views of the MAT group with reference to the personal opinion expressed by a Governing Board Member at an official function of the Maricopa Community Colleges. A copy of the letter read is enclosed with this meeting packet.

Ralph Sandoval, representing the Maricopa Association of Hispanics in Higher Education, came forward and stated that confusion continues to follow the Hispanic organization within the District and he was wanting to help clear this up. He commented that for the past two decades AACHE had raised money for scholarships, advocated for Hispanic employees and students, and has conducted the Hispanic convocations at the end of the year for the past few years. Some things surfaced that led them to relook at their affiliation with the State AACHE group. First of all, he stated, was the failure of the AACHE group to file their annual reports for 2002-2003 on time which led to the dissolution of the organization by the State. These reports were later filed in 2004. Leading to the dissolution of this corporation was the fact that they were missing tens of thousands of dollars that could not be accounted for and no reason or justification was offered for the loss of that money. At that time, the Maricopa AACHE group thought that in order to protect their scholarship money they would dissolve from that organization and would look into becoming a corporation within themselves and in December 2004 were incorporated into the organization known as MACHE. MACHE has raised money for scholarships, advocated for Hispanic employees and students, and are the organization that has hosted the Hispanic Convocations for over ten years. They do not pay dues to State AACHE and have not paid dues since before 1999, and did not seek dues or funds from any Hispanic employee until after they were incorporated. They sponsored the welcome for Dr. Gardea and offered their support to her. Confusion continues to be stirred by a member within the board. That Board Member does not speak for all Hispanic groups or employees within MCCCD. He expressed appreciation to the District and the Board for their continued support towards scholarships and helping them put on a top-notch convocation at Phoenix College. He thanked Mrs. Rosenthal for her continued membership in their group, and wanted to pledge that MACHE would continue to support the Vision, Mission and Values of the Maricopa Community College District.

Before proceeding to other reports, Mr. Escobedo came forward to present comments pertaining the aforementioned comments by the MACHE group. He stated that as a lifetime member of the AACHE organization, he had contributed a great amount of money to the AACHE scholarship fund and other members had done so as well. Secondly, he stated that a missing funds report had been filed with the Flagstaff Police Department about one year ago and that the Flagstaff County Attorney was moving this matter forward.

COLLEGE REPORTS

The following colleges reported on their recent activities:

Karen Mills, representing Dr. Linda Thor, Rio Salado, and Todd Aakhus, reported on the recent Wellness Conference held in Tucson, Arizona. They reported that the RioCopa Wellness Program had been the recipient of numerous awards, including an award for their video productions, collaborative partnership efforts, and leadership efforts. Todd called attention to the support received from Dr. Glasper, Dr. Thor, Dan Johnson, and the employees of the Maricopa Community Colleges who have helped make this program such a great success.

John Neibling, representing Dr. Art DeCabooter, President of Scottsdale Community College, introduced Curtis Bruggman, Director of Development at SCC. Mr. Bruggman spoke about their recent fund-raising employee campaign which resulted in $80,000 being raised. With this in place, they are now ready to focus on their external donor base.

Chandler-Gilbert Community College President Maria Hesse, reported on the progress being experienced by their nursing program. On May 18 the Arizona State Board of Nursing approved the addition of CGCC as a site for the MCCCD Nursing Program and will soon be welcoming their first cohort of nursing students. President Hesse credited the efforts of Bill Guerriero, VP of Academic Affairs, Bill Crawford, Dean of Career and Technical Education, faculty members Dr. Regi Munro and Dr. Brent Alvar and the new director of nursing Barbara Winckler. She also recognized the assistance of Margaret Souders, Chair of Phoenix College's Nursing Program, and Pat Harris, District Director of Healthcare Education.

MCC President Dr. Larry Christiansen introduced Dr. Eric L. Sauers, Executive Director of the Dwight Patterson Sports Academy, who came forward to speak about the non-profit sports academy charged with enhancing the quality of America's youth sports by promoting health, safety, and wellness through education and research for the benefit of coaches, parents, and athletes. He spoke about the organization's mission, purpose, curriculum, and delivery strategies.

SMC President Dr. Ken Atwater acknowledged the efforts of his campus' golf team who won a national championship and their baseball team who were regional champions and are now competing on a national level.

STUDENT LIFE REPORT

There was no report.

STRATEGIC CONVERSATION FOLLOW-UP REPORT

Rick DeGraw reported on the May 10 Community Partnerships Strategic Conversation during which time participants from GCC, GWC, MSC, MCC, SMC, and Rio Salado described their partnership efforts and successes. A panel of participants from the Urban League, Chicanos por la Causa, Banner Health, and MCCD's Workforce Development also provided discussion on activities they have sponsored in the communities they serve.

ACCA/AADGB REPORT

Mrs. Rosenthal reported that no meetings were held, however, she has participated in the interviewing process for the new Director of ACCA. It is hoped that a new director will be in place by the June meeting.

LEGISLATIVE REPORT

Government Relations Staff Matt Ortega and Page Gonzales reported on the legislative session which has concluded, however, a special session is expected to be held and it is anticipated to be a difficult one. A listing of legislative issues covered during this last session is included with this board packet. Of importance is that base funding for the Maricopa Community Colleges was protected and the growth formula was fully funded. Other issues included Arizona State Retirement increases, initiative funding for nursing education, the community college baccalaureate, statutory funding formula, and JCCR review authority.

AWARDS AND RECOGNITIONS

Vice Chancellor Helfgot announced that the Maricopa ACE Program had received the Arizona Department of Education 2005 Spotlight on Success Award.

APPROVAL OF THE AGENDA

Mr. Crowley requested a motion to approve the agenda.

MOTION NO. 9312

Mrs. Rosenthal moved that the Governing Board agenda be approved. Motion carried 4-0.

CONSIDERATION OF CONSENT AGENDA

Mr. Crowley asked for any requests to remove items from the Consent Agenda. Dr. Glasper requested that Items V.B.3 and V.C.1 be pulled. It was noted that Item V.C.1 had an addendum The following items are included in the Consent Agenda:

A.1. APPROVAL OF THE MINUTES of April 14, 2005 Governing
Board Retreat, and April 26, 2005 Regular Governing Board Meeting

B.1. EMERITUS STATUS DISTINCTION - SOUTH MOUNTAIN COMMUNITY COLLEGE- Award Emeritus Distinction to Jackie Jaap, English Faculty.

B.2. EMERITUS STATUS DISTINCTION - GLENDALE COMMUNITY COLLEGE - Award Emeritus Distinction to Dr. Richard Rees, Professor of Psychology.

C.5. RENEWAL OF CONTRACT WITH RENAISSANCE AGENCIES FOR INTERNATIONAL STUDENT HEALTH INSURANCE COVERAGE - Approve the renewal of the District's current contract with Renaissance Agencies FY 2005-06 for international student health insurance supplied by Nationwide Insurance.

C.6. AWARD OF CONTRACT FOR STUDENT INSURANCE BROKERAGE SERVICES/CLAIMS ADMINISTRATION SERVICES- Approve the award of a contract for student insurance brokerage services and claims administration services to Renaissance Agencies, Inc. for FY 2005-06.

D.1. APPROVAL OF PROPOSED CURRICULUM AND PROGRAMS - Approve the curriculum proposals as submitted.

D.2. APPROVAL OF FY 2005 BROADCAST CAPTIONING PROGRAM - GATEWAY COMMUNITY COLLEGE - Accept the Congressionally-directed funding for a U.S. Department of Education grant to be utilized to create a Broadcast Captioning Program, an expansion to the Realtime Reporting Program although an official award letter has not yet arrived. The grant amount of $198,400 will be used to establish this program and equip a broadcast captioning studio at GateWay Community College. The project dates are from July 1, 2005 to June 30, 2006.

D.3. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE'S CISCO REGIONAL NETWORKING ACADEMY PROGRAM AND NOGALES UNIFIED SCHOOL DISTRICT #1 - Approve an Intergovernmental Agreement between the Maricopa County Community College District and Nogales Unified School District #1 to continue the Cisco Regional Academy Program at Estrella Mountain Community College.

D.4. APPROVAL OF U.S. DEPARTMENT OF EDUCATION GRANT AWARD FOR STUDENT SUPPORT SERVICES PROGRAM AT SOUTH MOUNTAIN COMMUNITY COLLEGE - Accept the U. S. Department of Education grant award in the amount of $220,000 for the Student Support Services program at South Mountain Community College. Funds were awarded for year one of a five-year TRIO grant, beginning 9-1-05 and ending 8-31-10.

D.5. APPROVAL OF PLANNING GRANT FOR INSTITUTION LEVEL REFORM FOR ADULT TECHNOLOGICAL EDUCATION - Accept a grant from the National Science Foundation to the Maricopa Advanced Technology Education Center (MATEC) of the Academic Affairs Division for $148,720 for the one year project period (June 1, 2005-May 30, 2006). The funding will be used to support planning activities.

E.1. APPROVAL OF CONCEPTUAL APPROVAL FOR EXPANSION OF THE SUN LAKES EDUCATION CENTER AT CHANDLER-GILBERT COMMUNITY COLLEGE- Provide conceptual approval for the expansion of the Sun Lakes Education Center at Chandler-Gilbert Community College.

E.2. APPROVAL OF CONCEPTUAL APPROVAL FOR STUDENT UNION REMODELING AT GLENDALE COMMUNITY COLLEGE- Provide conceptual approval for remodeling in the Student Union at Glendale Community College.

E.3. APPROVAL OF CONCEPTUAL APPROVAL FOR EXPANSION AND REMODELING OF THE SUN CITIES LIFE LONG LEARNING CENTER AT RIO SALADO COLLEGE- Provide conceptual approval for expansion and remodeling of the Sun Cities Life Long Learning Center at Rio Salado College.

E.4. APPROVAL OF UTILITIES EASEMENT FOR LANGUAGE/COMMUNICATION ANNEX AT SCOTTSDALE COMMUNITY COLLEGE- Grant a utilities easement to Salt River Project at Scottsdale Community College for its new Language/Communications Annex.

E.5. APPROVAL OF CONTRACT AWARD FOR TENNIS COURTS RESURFACING AT SCOTTSDALE COMMUNITY COLLEGE AND PARADISE VALLEY COMMUNITY COLLEGE - Approve awarding a contract in the amount of One Hundred Eighty-Seven Thousand Nine Hundred Seven and no/100ths Dollars ($187,907.00) to General Acrylics, Inc. to resurface the tennis courts at Scottsdale Community College and Paradise Valley Community College.

E.6. APPROVAL OF CONTRACT AWARD FOR PAVEMENT RECONSTRUCTIN AT CHANDLER-GILBERT COMMUNITY COLLEGE AND MESA COMMUNITY COLLEGE- Approve awarding a contract in the amount of Eight Hundred Forty Thousand Seven Hundred Forty-Four and no/100ths Dollars ($840,744.00) to Silver Eagle Western, L.L.C. for the reconstruction of Parking Lot 2 at Chandler-Gilbert Community College, and Parking Lot M at Mesa Community College.

E.7. APPROVAL OF CONTRACT AWARD FOR ANNUAL SUMMER 2005 PAVEMENT MAINTENANCE- Approve awarding a contract in the amount of Seven Hundred Thirty Six Thousand Six Hundred Fifty Seven Dollars and 55/100ths ($736,657.55) to Southwest Slurry Seal to provide annual preventive maintenance and rehabilitation of 26 lots at the following locations: CGCC, EMCC, GWCC, GCC North, MCC, PC, RSC, SCC, Maricopa Skill Center, SMCC, & Williams.

E.8. APPROVAL OF CONCEPTUAL APPROVAL AND CONTRACT AWARD FOR MODULAR CLASSROOM EXPANSION AT RIO SALADO ADULT LEARNING CENTER - Approve the following: a)Conceptual Approval for two modular classroom buildings for the Adult Learning Center at the Rio Salado Community College 7th Avenue facility, and b)Contract award in theamount of One Hundred Twenty Seven Thousand Nine Hundred Fifty Dollars and 00/100ths ($127,950.00) to Modular Solutions for the procurement and installation of two modular buildings.

E.9. APPROVAL OF SELECTION OF 28 CONSULTANTS FOR DISTRICT-WIDE ANNUAL SERVICES- Approve the selection of twenty-eight companies, which are listed on the following page, to provide consulting services on an as-needed basis in the categories identified.

F.1. APPROVAL OF STRATEGIC PLAN OF FY 2005-06 - Adopt the strategic plan for fiscal year 2005-2006 as distributed.

MOTION NO. 9313

Mrs. Rosenthal moved for approval of the Consent Agenda with the exception of Items V.B.3 and V.C.1. Motion approved 4-0.

B.3 APPROVAL OF EMERITUS STATUS DISTINCTION - DR. PHIL RANDOLPH - Award Emeritus Distinction to Dr. Phil Randolph following his retirement on July 2005 for his meritorious contributions and quality of service to the Maricopa County Community College District.

MOTION NO. 9314

Mrs. Rosenthal moved for approval of Emeritus Distinction to Dr. Phil Randolph following his retirement on July 2005 for his meritorious contributions and quality of service to the Maricopa County Community College District. Motion approved 4-0.

C.1 CONSIDERATION OF EMPLOYMENTS, RESIGNATIONS, RETIREMENTS AND TERMINATIONS - Approve recommended personnel actions with addendum as presented.Chancellor Glasper took this opportunity to introduce the new Vice Chancellor for Human Resources, Albert Crusoe, who was listed on the new employment hirings of this HR Item.

MOTION NO. 9315

Mrs. Rosenthal moved for approval of the recommended personnel actions with addendum as presented. Motion approved 4-0.

C.2 APPROVAL OF NEW POLICY REGARDING EMPLOYMENT OF RELATIVES - Adopt the proposed new policy regarding the hiring of relatives.

MOTION NO. 9316

Mrs. Rosenthal moved for approval of the proposed new policy regarding the hiring of relatives. Motion approved 4-0.

C.3 APPROVAL OF ADDITION TO ACTIVE RETIREMENT PROGRAM - Amend the policy regarding participation in the District's Active Retirement Program by adding language as detailed.

MOTION NO. 9317

Mrs. Rosenthal moved for approval of the amendments of the policy regarding participation in the District's Active Retirement Program by adding language as detailed. Motion approved 4-0.

C.4 APPROVAL OF FACULTY SALARY SCHEDULE ADJUSTMENTS FY 2005-2006 - Authorize the following compensation adjustments for faculty to be effective in FY 2005-2006:§ A step adjustment will be made for eligible faculty.§ A 2.8% adjustment will be made to the FY04-5 faculty salary schedule.§ Faculty at top of scale in FY04-5 will receive a one-time 1% additional salary adjustment. This is based on the FY04-5 salary schedule. This 1% adjustment will only be in effect in FY05-6 and will not become part of the base salary schedule. Since this adjustment will be in effect in FY05-6 only and will not become a part of faculty members' permanent salary base, the $560,000 cost will be added to FY06-7 faculty professional growth. In FY05-6, an additional $95,000 will be added to faculty professional growth based on $1,250 per additional budgeted faculty position in FY05-6.

MOTION NO. 9318

Mrs. Rosenthal moved for approval to authorize the recommended compensation adjustments for faculty to be effective in FY 2005-2006. Motion approved 4-0.

INFORMATIONAL ITEMS

(VI.A.)2005-2006 Temporary Pay Rates - Temporary Employee GuidelinesThe 2005-2006 Temporary Pay Rates and Temporary Employee Guidelines were submitted to the Governing Board for their information.

MONITORING REPORTS

(VII.A.)
Budget Analysis Report Summary
Fund 1 - General Unrestricted Fund
For the Ten Months Ended April 30, 2005

Expenditure analysis indicates 75.6% of the budget has been expended so far this year as compared to 76.4% expended at this same point in time last year. 13.4% of the budget remains unexpended or unencumbered compared to 12.5% in the prior year. Revenue analysis indicates that 90.7% of the budget has been recognized to date. Projected fund balance will increase by about $141 thousand during this fiscal year. 8% of budgeted expenditures are projected to be unexpended and projected ending fund balance for June 2005 is $70.7 million and equates to about 43 days of operating budget, or more than five payrolls.

NEXT BOARD MEETING

The next Governing Board Meeting will be a Public Hearing, Truth in Taxation Hearing on June 14, 2005 at 6:00 p.m. at the District Office.

ADJOURNMENT

The meeting adjourned at 8:00 p.m.

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Scott Crowley
Governing Board Secretary