Minutes 06/17/2003

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

Rufus Glasper for Fred Gaskin
Steve Helfgot
Debra Thompson, Acting VC
Anna Solley
Ron Bleed
Jose Leyba, Acting VC
Pete Kushibab
Gina Kranitz
Larry Christiansen
Ken Atwater
John Neibling for Art DeCabooter
Homero Lopez
Gene Giovannini
Corina Gardea
Todd Simmons for Linda Thor
Phil Randolph
Maria Hesse

STATE BOARD
Nick Balich, Absent

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 6:20 p.m.
The regular meeting convened at 6:35 p.m.

PLEDGE OF ALLEGIANCE

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

CITIZEN'S INTERIM

One citizen, Mr. Napoleon Pisano, Director of Arizona Hispanic Community Forum, came forward to speak regarding a number of pertinent reports that have come to light recently. He stated that education was a hot topic as it pertained to budget and finances, gaps in education, changes in population demographics, and the Latino dropout rate. He commented that education needs to address the changing demographics since projected demographic shifts continue to speak about the increasing Latino population in the Southwest and will soon be expected to be the largest population in Arizona. Education still fails to meet the needs of this segment of the population. 50% of the population is under the age of 18 and faculty/administration of educational institutions should mirror the population makeup. He commented that if the Chancellor position becomes open, his organization stands ready to assist with the search in identifying candidates that will reflect and serve Arizona's diverse population.

BOARD MEMBER REPORTS

Mrs. Rosenthal made reference to GateWay Community College's first GED Diploma Graduation. Although the graduation might have been delayed because of the bright sunset, the occasion proved to be wonderful and she looks forward to many more ceremonies such as this.

Mr. Eastin gave commendation to Vice Chancellor Anna Solley for clarifying questions he had pertaining to the curriculum and to Acting Vice Chancellor Jose Leyba regarding personnel questions he had.

CHANCELLOR'S REPORT

There was no report.

SECRETARY'S REPORT

There was no report.

FACULTY REPORT

There was no report.

EMPLOYEE GROUP REPORTS

Sue Kater, President of the MAT Executive Council, came forward to express her appreciation for the Board's support of MAT initiatives. She introduced incoming President, Lorie O'Brien and President-elect
Suzanne Martin.

Debbie Bies, President of the PSA Executive Council, came forward to report on the highlights of her term in office which included the summer conference, having special speakers for their monthly meetings, the approval of 536 approved professional growth development applications, approval of 7 internships and 7 paid educational leaves. Other events sponsored were a leadership retreat, a candidate forum, and being able to participate on the development of the salary proposal, collaborative policy development, and attending the Governing Board Retreats in January and May. She indicated she had gained much from mentorship provided by Dr. Rufus Glasper, Dr. Jose Leyba, and Debra Thompson. She introduced next year's president, Sue Burrola, who spoke briefly to invite the Governing Board Members and Acting Chancellor Rufus Glasper to the upcoming summer conference scheduled for July 25 and also to express looking forward to her upcoming year as PSA President.

Tara Bohinc, Adjunct Faculty President, also came forward to introduce herself and to showcase the three goals set by adjunct faculty. These goals include to promote, serve and recruit. She also expressed her enthusiasm in serving as president for the upcoming year.

COLLEGE REPORTS

There were no reports.

STUDENT GOVERNMENT REPORT

There were no reports.

STATE BOARD REPORT

There was no report.

ACCA/AADGB REPORT

Mrs. Rosenthal reported that no meetings had been held.

LEGISLATIVE REPORT

The Legislative Report was given by Jack Lunsford who explained that in view of the rapidly changing agenda at the legislature, no official report had been prepared, although a cumulative impact of gubernatorial vetoes had been distributed to everyone. He commented that the adopted budget was now in place and that the same state aid for FY04 was approved as in 2003 totaling $54,923,000. Dual enrollment was fully funded. He made mention that trailer bills affecting significant changes were still being considered.

AWARDS AND RECOGNITIONS

There were no awards or presentations.

APPROVAL OF THE AGENDA

President Contreras requested a motion to approve the agenda.

MOTION NO. 9173

Don Campbell 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. Dr. Jose Leyba removed Item V.B.1 and Dr. Gina Kranitz removed Item V.C.5 and indicated that it would be brought forward in July. Dr. Steve Helfgot made mention that Items V.E.3, V.E.4, V.E.5, and V.E.7 were revised and redistributed.

The following items are included in the Consent Agenda:

(A-1) APPROVAL OF MINUTES of May 21, 2003 Special Governing Board Meeting, May 22, 2003 Community Listening Session, and May 27, 2003 Regular Governing Board Meeting.

(B-3) APPROVAL OF RENEWAL OF CONTRACT WITH RENAISSANCE AGENCIES FOR STUDENT INSURANCE - Approve the recommended premium renewals of the current contracts with Renaissance Agencies to provide student insurance coverages for FY 2003-04.

(C-1) APPROVAL OF THE CURRICULUM INCLUDING COURSE PROPOSALS AND PROGRAM PROPOSALS - Approval of the proposed curricula.

(C-2) APPROVAL OF MARICOPA ENGINEERING TRANSITION SCHOLARS PROJECT GRANT - Accept an award for the Maricopa Engineering Transition Scholars Project from the National Science Foundation in the amount of $99,859 for a collaborative grant project with Arizona State University. The award is effective July 1, 2003 through June 30, 2004.

(C-3) APPROVAL OF AGREEMENT FOR DUAL ENROLLMENT WITH CHARTER SCHOOL - SCOTTSDALE CHRISTIAN ACADEMY - Approve entry authorization into an agreement with Scottsdale Christian Academy for their dual enrollment program.

(C-4) APPROVAL OF PARADISE VALLEY COMMUNITY COLLEGE PARADISE VALLEY HOSPITAL NURSING ASSISTANT PROGRAM - Approve a grant from Paradise Valley Hospital of up to $50,000 to fund a one-year-only nursing faculty for the 2003-04 academic year.

(C-5) APPROVAL OF AGREEMENT BETWEEN PARADISE VALLEY COMMUNITY COLLEGE AND JOHN C. LINCOLN HEALTH NETWORK TO ESTABLISH A NURSING PROGRAM - Approve the agreement between Paradise Valley Community College and John C. Lincoln Health Network to establish an associate degree in nursing program.

(C-6) APPROVAL OF UAW - FORD NATIONAL PROGRAM CENTER AT GLENDALE COMMUNITY COLLEGE - Approve a one-year contract agreement in the amount of $39,848 to establish and maintain an Educational Center at the Ford Parts Depot located at 1411 South 47th Avenue Phoenix. The contract period will be from July 1, 2003 - June 30, 2004.

(C-7) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN MESA COMMUNITY COLLEGE AND CENTRAL ARIZONA COLLEGE - Approve training and support services to be provided to Central Arizona College, a Cisco Local Academy, for annual fee of $2,500.00

(C-8) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN MESA COMMUNITY COLLEGE AND CENTRAL ARIZONA COLLEGE - Approve training and support services to be provided to Central Arizona College, a Cisco Local-SC Academy, for annual fee of $2,750.00

(C-9) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE AND DYSART UNIFIED SCHOOL DISTRICT TO OFFER NONCREDIT CLASSES - Approve the offering of noncredit classes at Willow Canyon High School.

(C-10) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE'S GENESIS WEST PROGRAM AND AGUA FRIA UNION HIGH SCHOOL DISTRICT - AGUA FRIA AND MILLENNIUM CAMPUSES - Extend an intergovernmental agreement between the Maricopa Community College District and Agua Fria Union High School District to continue the Genesis West Program at Estrella Mountain Community College for an additional year.

(C-11) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE'S GENESIS WEST PROGRAM AND DYSART UNIFIED HIGH SCHOOL DISTRICT - Extend an intergovernmental agreement between the Maricopa Community College District and Dysart Unified High School District to continue the Genesis West Program at Estrella Mountain Community College for an additional year.

(C-12) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE'S GENESIS WEST PROGRAM AND TOLLESON UNION HIGH - SCHOOL DISTRICT - TOLLESON AND WESTVIEW CAMPUSES AND THE CONTINUING EDUCATION ACADEMY - Extend an intergovernmental agreement between the Maricopa Community College District and Tolleson Union High School District to continue the Genesis West Program at Estrella Mountain Community College for an additional year.

(C-13) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE'S CISCO REGIONAL NETWORKING ACADEMY PROGRAM AND AGUA FRIA UNION HIGH SCHOOL DISTRICT NO. 216 - Approve an intergovernmental agreement between the Maricopa Community College District and Agua Fria Union High School District No. 216, on behalf of Millennium High School to continue the Cisco Regional Networking Academy Program at Estrella Mountain Community College.

(C-14) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE'S CISCO REGIONAL NETWORKING ACADEMY PROGRAM AND DYSART UNIFIED SCHOOL DISTRICT NO. 89 - Approve an intergovernmental agreement between the Maricopa Community College District and Dysart Unified School District No. 89 on behalf of Dysart High School to continue the Cisco Regional Networking Academy Program at Estrella Mountain Community College.

(C-15) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE'S CISCO REGIONAL NETWORKING ACADEMY PROGRAM AND FORT APACHE AGENCY SCHOOL DISTRICT - Approve an intergovernmental agreement between the Maricopa Community College District and Fort Apache Agency School District, on behalf of Cibeque High School to continue the Cisco Regional Networking Academy Program at Estrella Mountain Community College.

(C-16) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE'S CISCO REGIONAL NETWORKING ACADEMY PROGRAM AND NOGALES UNIFIED SCHOOL DISTRICT NO.1 - Approve an intergovernmental agreement between the Maricopa Community College District and Nogales Unified School District No. 1, on behalf of Nogales High School to continue the Cisco Regional Networking Academy Program at Estrella Mountain Community College.

(C-17) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE'S CISCO REGIONAL NETWORKING ACADEMY PROGRAM AND PHOENIX UNION HIGH SCHOOL DISTRICT NO. 210 - Approve an intergovernmental agreement between the Maricopa Community College District and Phoenix Union High School District No. 210, on behalf of Metro Tech High School to continue the Cisco Regional Networking Academy Program at Estrella Mountain Community College.

(C-18) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE'S CISCO REGIONAL NETWORKING ACADEMY PROGRAM AND PARKER UNIFIED SCHOOL DISTRICT - Approve an intergovernmental agreement between the Maricopa Community College District and Parker Unified School District, on behalf of Parker High School to continue the Cisco Regional Networking Academy Program at Estrella Mountain Community College.

(C-19) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN RIO SALADO COLLEGE AND DEPARTMENT OF EDUCATION DIVISON OF ADULT AND FAMILY LITERACY EDUCATION - Approve an intergovernmental agreement between the Arizona Department of Education, Division of Adult and Family Literacy Education and Rio Salado to provide English Literacy and Civics education to adults in Maricopa for the period of July 1, 2003 through June 30, 2004.

(E-1) APPROVAL OF ACQUISITION OF PROPERTY LOCATED AT 843 WEST OSBORN, PHOENIX, AZ 85013 - Approve the purchase of the property located at 843 West Osborn Drive, Phoenix, AZ 85013 for the price of $230,000, plus closing costs from Mr. David P. Kelone.

(E-2) APPROVAL OF CONTRACT AWARD FOR BASEBALL FIELD LIGHTING REPLACEMENT AT PHOENIX COLLEGE - Approve awarding a contract in the amount of One Hundred Twenty Two Thousand Two Hundred Twenty Two and no/100 Dollars to AJP Electric, Inc. for the replacement of baseball field lighting at Phoenix College.

(E-3) APPROVAL OF CONTRACT AWARD FOR INSTALLATION OF CCTV SECURITY SYSTEM AT MESA COMMUNITY COLLEGE DOBSON AND RED MOUNTAIN LOCATIONS - Approve awarding a contract in the amount of Two Hundred Seventy-Two Thousand Six Hundred Eight and no/100ths Dollars to Millennium 3 Technologies, LLC for the installation of a CCTV Security System at Mesa Community College Dobson and Red Mountain locations.

(E-4) APPROVAL OF CONTRACT AWARD FOR MODULAR BUILDINGS REPLACEMENT AT MESA COMMUNITY COLLEGE - Approve a contract in the amount of Four Hundred Sixty Seven Thousand Three Hundred Seventh Three and 50/100 Dollars to U.S. Modular Group, Inc. for the replacement of two existing modular buildings at Mesa Community College.

(E-5) CONCEPTUAL APPROVAL FOR AN ADDITION TO THE LANGUAGE AND COMMUNICATIONS BUILDING AT SCOTTSDALE COMMUNITY COLLEGE - Provide conceptual approval for an addition to the Language and Communications Building at Scottsdale Community College.

(E-6) APPROVAL OF TELECOMMUNICATIONS UTILITY EASEMENT TO COX COMMUNICATIONS FOR THE INSTALLATION OF TELECOMMUNICATIONS LINES FOR THE DISTRICT SUPPORT SERVICES CENTER - Approve granting an easement to Cox Communications for the installation of telecommunication cable for the District Support Services Center.

(E-7) APPROVAL OF CONTRACT AWARD FOR NEW ALTERNATIVE FUELS VEHICLE REPAIR FACILITY AT GATEWAY COMMUNITY COLLEGE - Approve awarding a contract in the amount of One Hundred Eighty Five Thousand Five Hundred and no/100 Dollars to Shannon Construction, LLC for construction of a new Alternative Fuels Vehicle Repair Facility at GateWay Community College.

(E-8) APPROVAL OF INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF ECONOMIC SECURITY FOR SUBSIDIES FOR MCCCD CHILD CARE CENTERS - Approve entry into an intergovernmental agreement providing for Arizona Department of Economic security subsidized child care at Child Care Center at GateWay Community, Glendale Community, Mesa Community College, Paradise Valley Community College, Phoenix College, Scottsdale Community College and South Mountain Community College.

MOTION NO. 9174

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

(B-1) APPROVAL OF RECOMMENDED EMPLOYMENTS, RESIGNATIONS, RETIREMENTS AND TERMINATIONS - Approval of personnel actions as revised to include the removal of Ann Schenk from the District New Employment listing and the retirement of John Silvester with an effective date of July 3, 2003.

MOTION NO. 9175

Mrs. Rosenthal moved for approval of Item B-1. Motion carried 5-0.

(B-2) APPROVAL OF EMPLOYEE POLICY MANUALS - Approval of the Employee Group Policy Manuals which are a result of collaborative policy development meet and confer discussions with Adjunct Faculty, Crafts, Maintenance and Operations (M&O), Management, Administrative and Technological (MAT), Professional Staff Association (PSA), Specially Funded and Residential Faculty, with the exception of Section 11.2.1 of the MAT Policy Manual which is to be revised.

MOTION NO. 9176

Mrs. Rosenthal moved for approval of Item B-2 with the exception of MAT Sectin 11.2.1 which is to be revised. Motion carried 5-0.

(B-4) APPROVAL OF CONSIDERATION AND BOARD ACTION REGARDING CONTINUED EMPLOYMENT OF CHANCELLOR FRED GASKIN - The Governing Board moved that legal counsel prepare a notice of termination to Chancellor Fred Gaskin, advising him of his non-compliance with, and non-performance under, the terms of his employment contract. Formal action to be taken at a later public meeting.

MOTION NO. 9177

Mrs. Rosenthal moved for approval of Item B-4. Motion carried 5-0.

Statement by Governing Board President Ed Contreras:

"The Governing board has directed legal counsel to prepare a notice to Chancellor Fred Gaskin, advising him of his non-compliance with and non-performance under the terms of his employment contract.

Please allow me a few minutes to address some of the many questions we have been asked.

Our vote tonight comes approximately four weeks after Dr. Gaskin's annual performance evaluation. That evaluation took place in executive session on May 12. State law prohibits us from discussion publicly what went on in that executive session meeting.

However, with its action tonight, the fact that the Board has had a number of concerns about Dr. Gaskin's performance is no longer confidential. His evaluation indicated that the Board has had a number of concerns over Dr. Gaskin's leadership style, his vision for the District and his general conduct in office.

After it became clear that the Board did not wish the chancellor's employment to continue, the Board provided every opportunity for Dr. Gaskin to resign from his post. This process was frustrating for us, as a Board, because we are bound by the laws of the state, which prohibit us from taking any action until a public session. We are additionally bound by the terms of Dr. Gaskin's contract, which require notice of any termination action. That is what we have done tonight.

Although we have made very effort allow Dr. Gaskin to resign, Dr. Gaskin has so far attached conditions to any such resignation, which the Board does not find acceptable.

Selecting a Chief Executive Officer is a difficult task for any organization. It doesn't always work out the way we envision it. Unfortunately we are in that position. But we believe this is the right action for the Maricopa Community Colleges to continue to flourish.

We represent an organization that is 40 years strong . . . and we don't take that lightly. As a Board we are also steadfast in our support of the faulty and employees who serve our students so well. We realize the trust that has been placed in us by taxpayers and we take that very seriously. Our vision, mission, and values remain in effect, and we continue to recognize our responsibility to the community. We remain accountable and we thank you all for your support."

(D-1) APPROVAL OF GATEWAY COMMUNITY HIGH SCHOOL PROPOSED BUDGET FISCAL YEAR 2002-2003 - Approve the GateWay Community High School proposed budget of $1,283,478 for the FY 03-04 school year. This figure is the combined total of $1,210,352 budgeted from the general fund and $73,126 budgeted from the Proposition 301 classroom site fund.

MOTION NO. 9178

Mrs. Rosenthal moved that Item D-1 be approved. Motion carried 5-0.

(D-2) APPROVAL OF TEACHER PREP CHARTER HIGH SCHOOL PROPOSED BUDGET FISCAL YEAR 2002-2003 - Approve the Teacher Prep Charter high School proposed budget for 2003-04 in the amount of $294,600 based on the projected enrollment of 40 students.

MOTION NO. 9179

Mrs. Rosenthal moved that Item D-2 be approved. Motion carried 5-0.

MONITORING REPORTS

(VI.A.) Budget Analysis Report Summary
Fund 1 - General Unrestricted Fund
For the Eleven Months Ended May 31, 2003

Expenditure analysis indicates 84% of the budget has been expended so far this year as compared to 84.3% expended at this same point in time last year. 10.5% of budget remains unexpended or unencumbered and projected expenditures have been reduced and set aside to offset the 5.0% reduction in budgeted revenues from State Aid. Revenue analysis indicates that 97.3% of the budget has been recognized to date. Projected fund balance will increase by about $267 thousand during this fiscal year.

NEXT BOARD MEETING

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

ADJOURNMENT

The meeting adjourned at 7:23 p.m.

———————————
Linda B. Rosenthal
Governing Board Secretary