Minutes 07/27/1999

A regular meeting of the Maricopa County Community College District Governing Board was scheduled to be held at 6:30 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 B. Rosenthal, President
Gene Eastin, Secretary
Donald R. Campbell, Member
Ed Contreras, Member
ABSENT - Nancy Stein, Member

ADMINISTRATION
Raul Cardenas
William F. Waechter
Alfredo G. de los Santos Jr.
Marilyn Anderson for Rufus Glasper
Ron Bleed
Janice Bradshaw
Gina Kranitz
Larry Christiansen
Kay Martens for John Cordova
Irwin Noyes for Art DeCabooter
Susan McRae for Stan Grossman
Anna Solley for Homero Lopez
Morris Johnson for J. Marie Pepicello
Phil Randolph
Carol Scarafiotti for Linda Thor
Tessa Martinez Pollack
Arnette Ward

STATE BOARD
Nick Balich

CALL TO ORDER
The meeting was called to order at 5:30 p.m. by President Linda Rosenthal.

EXECUTIVE SESSION
President Rosenthal called for a motion convening an executive session, notice having been previously given.

MOTION NO. 8877

Don Campbell moved that an executive session be convened. Motion carried 5-0.

The meeting recessed at 5:31 p.m.

The meeting reconvened at 6:30 p.m.

Mrs. Rosenthal noted that Mrs. Stein was absent due to medical reasons and would be in attendance as soon as possible for her to do so.

Mrs. Rosenthal recognized the presence of students from Dr. Quentin Bogart's COE505 Class from Arizona State University.

PLEDGE OF ALLEGIANCE
The assembly pledged their allegiance to the United States of America.

CITIZEN'S INTERIM
No citizens came forward.

BOARD MEMBER REPORTS

1. Don Campbell reported that he attended the CQIN Conference and commended those personnel who attended from Estrella Mountain Community College, Rio Salado College, and the District Office for their brainstorming and participation.
2. Gene Eastin - no report
3. Ed Contreras - report
4. Mrs. Rosenthal - no report
   

CHANCELLOR'S REPORT
Mrs. Rosenthal recognized this meeting as the first for Dr. Cardenas in his position as Interim Chancellor for the District.

Dr. Cardenas made the following statement:
It is my intent to continue on the excellent foundation that Dr. Elsner has put in place for our college district during my interim period, as well as to support those institutional efforts that have made our colleges so well known nationally and internationally. Additionally, it is my intent to work closely with the Governing Board and other members of the college community in preparing for a very smooth transition to a new leadership come next July. This is my brief speech.

I do have other comments to make regarding college presidents. Two presidents were recognized in two publications and I would like to recognize them at this time. First, Dr. Larry Christiansen was featured in the Arizona Business Magazine regarding his role in the Valley Think Tank. There is a very good article on his activities, which I will share with you. The other one is a centerfold in a publication where the other president is recognized - Dr. Gina Kranitz, President of Paradise Valley Community College, as the first community college person to serve as President of the National Association of University and College Business Officers.

SECRETARY'S REPORT
There was no report.

FACULTY REPORT
Willie Minor reported that faculty will be coming forward to provide information to the Governing Board on what is being done in the classrooms in the coming year.

EMPLOYEE GROUP REPORTS
Rosemary Schweigert, past-President of the Professional Staff Association introduced Wanda Elie, who was recently installed at the PSA Summer Conference as PSA President. Mrs. Rosenthal thanked Mrs. Schweigert for her years of leadership for the Professional Staff Association.

COLLEGE REPORTS
There was no report.

STUDENT GOVERNMENT REPORTS
Ricky Turner, President of the Chandler Gilbert Community College Student Government, reported on activities that had occurred over the summer which included weekly planning sessions for school year events, attendance of the executive board at the Institute of Cultural Affairs, and attendance and presentation at a national forum held for volunteerism and service learning in higher education. Angus Scott, Student Government Vice President, asked the Governing Board to support the student center proposal which was on the meeting agenda.

STATE BOARD REPORT
Nick Balich wished Dr. Cardenas well as Interim Chancellor and offered him his support.

AADGB REPORT
There was no report, as a meeting was not held.

AWARDS AND RECOGNITIONS
There were none.

APPROVAL OF THE AGENDA
Recommendation was made to approve the agenda.

MOTION NO. 8878

Gene Eastin moved that the agenda be approved. Motion carried 4-0.

CONSIDERATION OF CONSENT AGENDA
President Rosenthal asked if there were any requests to remove items from the Consent Agenda. Mr. Eastin requested that item D-18 be removed from the Consent Agenda. At the request of Mrs. Stein, Mrs. Rosenthal requested that items D-2, D-4, D-5, D-17 be removed from the Consent Agenda. Dr. Randolph requested that item D-16 be removed from the Consent Agenda.

The following items are included in the Consent Agenda:

(A-1) APPROVAL OF MINUTES - of the June 22, 1999 meeting minutes.

(C-1) CONSIDERATION OF EMPLOYMENTS, RESIGNATIONS, RETIREMENTS AND TERMINATIONS - Approval of the Employments, Resignations, Retirements and Terminations Item as presented.

(D-1) CONSTRUCTION CHANGE ORDER FOR GYMNASIUM FLOOR REPAIRS AT SCOTTSDALE COMMUNITY COLLEGE - Ratify a change order in the amount of $118,214.00 to Desert View Contracting, Inc. for leveling the existing concrete subfloor in the Gymnasium at Scottsdale Community College.

(D-3) CONCEPTUAL APPROVAL FOR A NEW STUDENT CENTER AT CHANDLER GILBERT COMMUNITY COLLEGE - Provide conceptual approval for a new Student Center at Chandler Gilbert Community College and forwarding the item for State Board approval.

(D-6) IGA BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE'S CISCO REGIONAL NETWORKING ACADEMY PROGRAM AND DYSART UNIFIED SCHOOL DISTRICT - Extend an IGA between the Maricopa Community College District and Dysart Unified School District to continue the Cisco Regional Networking Academy Program at Estrella Mountain Community College.

(D-7) INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE'S CISCO REGIONAL NETWORKING ACADEMY PROGRAM AND PHOENIX UNION HIGH SCHOOL DISTRICT - Extend an IGA between the Maricopa Community College District and Phoenix Union School District to continue the Cisco Regional Networking Academy Program at Estrella Mountain Community College.

(D-8) RIO SALADO COLLEGE INTERGOVERNMENTAL AGREEMENT WITH STATE BOARD OF DIRECTORS FOR COMMUNITY COLLEGES OF ARIZONA TO ACT AS FISCAL AGENT FOR THE ARIZONA LEARNING SYSTEMS - Approve the intergovernmental agreement with the State Board of Directors for Community Colleges of Arizona to authorize Rio Salado College to act as fiscal agent for the Arizona Learning Systems (ALS) and provide office space and related services. Effective dates are September 1, 1999 through August 31, 2000.

(D-9) INTERGOVERNMENTAL AGREEMENT - RIO SALADO COLLEGE AND CITY OF PHOENIX HUMAN SERVICES DEPARTMENT FOR ADULT BASIC EDUCATION AND ENGLISH AND ENGLISH FOR SPEAKERS OF OTHER LANGUAGES CLASSES FY 1999-2000 - Approve an Intergovernmental Agreement of $9,100 between Rio Salado College and the City of Phoenix. This agreement is for a continuation grant to provide Adult Basic Education and English for Speakers of Other Languages classes for two of the City's Human Service Centers.

(D-10) INTERGOVERNMENTAL AGREEMENT BETWEEN GLENDALE COMMUNITY COLLEGE AND THE DES DEPT. OF CHILD CARE ADMINISTRATION - Accept an Intergovernmental Agreement for $78,247 between Glendale Community College and the Arizona Department of Economic Security/Child Care Administration (DES/CCA) for the term July 1, 1999 through June 30, 2000, to conduct the GCC/DES Academic Training Program, contingent upon receiving formal notification.

(D-11) OCCUPATIONAL TRAINING REFERRAL (OTR) TRAINING CONTRACT - Approve an Intergovernmental Agreement between Maricopa Skill Center (MSC) and Department of Economic Security (DES)/Jobs Administration for July 1, 1999 - June 30, 2000.

(D-12) OCCUPATIONAL TRAINING REFERRAL (OTR) TRAINING CONTRACT AMENDMENT #6 - Approve a contract amendment with DES Jobs Administration in the Occupational Training Contract. This contract will last from July 1,. 1999 - June 30, 2000, with a renewal option if this program is continued into the next year.

(D-13) BUSINESS INITIATIVE PROGRAM (BIP) TRAINING CONTRACT - Approve an Intergovernmental Agreement with the DES Jobs Administration for a Business Initiative Program (BIP) Training Contract. This contract will last from July 1, 1999 - June 30, 2000, with a renewal option if this program is continued into the next year.

(D-14) REFUGEE RESETTLEMENT PROGRAM TRAINING CONTRACT - Approve an Intergovernmental Agreement (IGA) with the DES/Community Services Administration for a Job Training Contract. This contract will last from July 1, 1999 - June 30, 2000, with a renewal option if this program is continued into the next year.

(D-15) GRANT SUB-AWARD FROM THE UNIVERSITY OF NEW MEXICO - Accept a sub-award from the University of New Mexico for $47,219. This is for the second year of a project supported by the National Science Foundation for the period July 1, 1999 through June 30, 2000. The standard sub-award agreement (#3-66191-7820) between the Regents of the University of New Mexico and the Maricopa County Community College District is being amended to extend into the second year.

(D-19) OCCUPATIONAL TRAINING REFERRAL PROCESS TRAINING FACILITY CONTRACT FOR 1999-2000 - Approve the Occupational Training Contract from July 1, 1999 through June 30, 2000 with Maximus to provide occupational training to Arizona Works Clients. Maximus is the private provider for Arizona Works participants in designated parts of Maricopa County.

(D-20) IGA BETWEEN MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT ON BEHALF OF MARICOPA SKILL CENTER, THE CITY OF PHOENIX, AND MARICOPA COUNTY WORKFORCE CONNECTION - Approve the IGA between Maricopa Skill Center, the City of Phoenix and the Maricopa County Workforce Connection. The Maricopa County Workforce Connection, City of Phoenix and Maricopa Skill Center agree to share the costs related to four regional Job Fairs. The Partnership budgets $10,000 per job fair. Potential costs include space rental, breakfast and lunch for employers, printing and advertising. Most of the costs are recovered through fees paid by participating employers. The partnership works to have the breakfast paid for the business group. Space rental is often waived. Printing and advertising are the only sure costs. Last year, MSC's share of the costs for four fairs was $5,767.59.

(D-21) INTERGOVERNMENTAL AGREEMENT BETWEEN MCCCD AND CITY OF PHOENIX - Approve the IGA between Maricopa County Community College District and the City of Phoenix Human Services Department for payment of one-half the salary of the Program Advisor for services performed at the One Stop Career Redevelopment Center in the amount of $9,360 for the period of 7/1/99 to 6/30/2000.

(D-22) HELENE FULD HEALTH TRUST - Approve a nursing curriculum and faculty development grant awarded to the Maricopa County Community College District from Helene Fuld Health Trust in the amount of $100,000 for one year, from June 15, 1999 through June 15, 2000.

MOTION NO. 8879

Gene Eastin moved that the Consent Agenda be approved with the exceptions of items D-2, D-4, D-5, D-16, D-17, and D-18. Motion carried 4-0.

(B-1) POLICY TYPE: ENDS (GOALS) ENDS STATEMENTS REVISIONS - Adopt the changes as recommended to the Ends Statements, that shall be referred to as Goals. Priority goals have been identified by members of the Governing Board that relate to the benefits the Maricopa Community Colleges offer its constituents (the people of Maricopa County, students, the public and private sectors, universities and elementary and secondary schools). These goals are being monitored for their present status and subsequent improvements to ensure accountability. Global issues and cultural differences which include the diversity of opinions, lifestyles, learning styles, values and religions should be integrated throughout these goals and assessed when appropriate. In response to a concern expressed by Mrs. Rosenthal regarding the issue of diversity, Ms. Toney explained that it was the intent of the Board to ensure that diversity was characterized in all of the goals and included by addressing it in the broad, introductory goal statement. That message will be conveyed at the point of monitoring. Discussion was held regarding the use of the word "centers" used in the Goal Statement under Workforce Development. This would also apply to the Continuing/Community Education Goal Statements. It was recommended that the words "and Centers" be removed from statements.

MOTION NO. 8880

Mr. Eastin moved that the Governing Board approve the removal of "and Centers" from the recommended Goal Statements. Motion carried 4-0.

MOTION NO. 8881

Mr. Eastin moved that the Governing Board approve the recommended Goal Statements as revised under Motion No. 8880. Motion carried 4-0.

(B-2) MISSION STATEMENT REVISION - Amend the mission statement to include the word "safe".

MOTION NO. 8882

Gene Eastin moved that the Governing Board approve the amendment to the mission statement to include the word "safe." Motion carried 4-0.

(B-3) GOVERNANCE PLANNING AND MONITORING FOR 1999-2000 FISCAL YEAR - Adopt the staff activities as recommended as Governance priorities that will occur in fiscal year 1999-2000, as recommended. Discussion was held that the campuses develop some pilot projects for monitoring so that planning for funding can begin. Ms. Toney indicated that a committee consisting of herself, Mike Rooney, and Rufus Glasper has been formed and more specific information will be provided at a later time.

MOTION NO. 8883

Gene Eastin moved that the Governing Board adopt the staff activities as recommended as Governance priorities that will occur in fiscal year 1999-2000, as recommended. Motion carried 4-0.

Following the presentation of items B-1, B-2, and B-3, Dr. Campbell had made one motion to approve the three items as presented. He subsequently made an amended motion to approve the items with the change in wording in Item B-2 from "Colleges and Centers" to "Colleges and Skill Centers." Dr. Campbell noted that these motions were not acted upon. In response, Mrs. Rosenthal noted that following discussion of the items, they were acted and voted upon individually under separate motions.

(C-2) REVISION OF LEAVE OF ABSENCE POLICIES FOR MAT, PSA, M&O, CRAFTS, FACULTY, SECURITY AND SKILL CENTER EMPLOYEES - This item was tabled at the request of Dr. Waechter.

(D-2) CONTRACT AWARD TO EXPAND AND REMODEL THE LIBRARY MEDIA CENTER AT GLENDALE COMMUNITY COLLEGE - Approve awarding a contract in the amount of $2,782,829.00 to Pace Pacific Corporation to expand and remodel the Library Media Center at Glendale Community College. Mrs. Stein had requested this item be pulled from the Consent Agenda but was not present for questions. Mr. Diaz stated that questions pertaining to the item had been addressed during the CDAC meeting. No further questions were brought forward from members of the Board

MOTION NO. 8884

Gene Eastin moved that the Governing Board approve awarding a contract in the amount of $2,782,829.00 to Pace Pacific Corporation to expand and remodel the Library Media Center at Glendale Community College. Motion carried 4-0.

(D-4) CONTRACT AWARD TO RE-ROOF THREE BUILDINGS AT PHOENIX COLLEGE - Approve awarding a contract in the amount of $251,000.00 to C.R. Klewin - Arizona, L.L.C. to re-roof the AU, D, and LRC buildings at Phoenix College. Mrs. Stein had requested this item be pulled from the Consent Agenda but was not present for questions. Mr. Diaz indicated that Mrs. Stein had presented a question asking if it was thought prudent to award the project when there was only one bidder. Response given was that it was prudent because the price per square foot for the roofing is reasonable when comparing the unit price to past projects of this nature.

MOTION NO. 8885

Don Campbell moved that the Governing Board approve awarding a contract in the amount of $251,000.00 to C.R. Klewin - Arizona, L.L.C. to re-roof the AU, D, and LRC buildings at Phoenix College. Motion carried 4-0.

(D-5) INTERGOVERNMENTAL AGREEMENTS WITH PUBLIC SCHOOL DISTRICTS FOR DUAL/CONCURRENT ENROLLMENT - Authorize entry into intergovernmental agreements (IGA's) with the listed public school districts on behalf of its colleges for their dual/concurrent enrollment programs. Mrs. Stein had requested this item be pulled from the Consent Agenda but was not present for questions. Dr. de los Santos indicated that the item was developed by District Legal Counsel and the Board had adopted a similar recommendation the previous year. Mr. Eastin noted that at a recent retreat a recommendation had been made to attempt standardization of the program. Dr. Cardenas indicated that this issue is on the agenda for the presidents' retreat to be held at the end of August.

MOTION NO. 8886

Don Campbell moved that the Governing Board authorize entry into intergovernmental agreements (IGA's) with the listed public school districts on behalf of its colleges for their dual/concurrent enrollment programs. Motion carried 4-0.

(D-16) UPWARD BOUND GRANT - GATEWAY COMMUNITY COLLEGE - Approve an Upward Bound grant awarded to GateWay Community College from the U.S. Department of Education (TRIO programs), in the amount of $200,000 for the first year of a four year grant. Dr. Randolph noted that this is an $800,000 grant in total. He recognized Madge Valladares, Debbie Stanfield, and Carol Hale and their staff for their efforts in acquiring this grant.

MOTION NO. 8887

Gene Eastin moved that the Governing Board approve an Upward Bound grant awarded to GateWay Community College from the U.S. Department of Education (TRIO programs), in the amount of $200,000 for the first year of a four year grant. Motion carried 4-0.

(D-17) CAMPUS COMPACT CENTER FOR COMMUNITY COLLEGES - Accept the Campus Compact National Center for Community Colleges, "2 + 4 = Service on Common Ground," renewal grant award of $300,000 from the Corporation for National Service, pending final letter of award. This grant is being awarded to the MCCD for the period of September 1, 1999 to August 31, 2000. Mrs. Stein had requested this item be pulled from the Consent Agenda but was not present for questions. Dr. Christiansen explained that this is a continuation of a grant that has been highly successful.

MOTION NO. 8888

Gene Eastin moved that the Governing Board accept the Campus Compact National Center for Community Colleges, "2 + 4 = Service on Common Ground," renewal grant award of $300,000 from the Corporation for National Service, pending final letter of award. Motion carried 4-0.

(D-18) PETITION TO NAME THE MESA COMMUNITY COLLEGE LIBRARY/HIGH TECHNOLOGY CENTER AS THE PAUL A. ELSNER LIBRARY AND HIGH TECHNOLOGY CENTER - Grant permission to name the new MCC Library and High Technology Complex for Paul A. Elsner, retiring Chancellor of the Maricopa District. Mr. Eastin made the following statement for the record:
"Although this item was submitted to the Board under the name of Dr. Cardenas, my remarks are not directed to him, but to Dr. Christiansen.
First let me make clear that this Board member is not nitpicking, nor does he think that naming the new library at MCC is a non-issue.
I have four points to make on this matter:
1) You have selectively quoted only certain portions of the policy governing the naming of buildings after individuals. The policy clearly states that:
"No facility shall be named for an individual currently sitting on the Governing Board or who is current employed by the district."
You omitted what would weaken your case and quoted what would enhance your case.
I have discussed this issue with the Board Counsel and she stated in effect that she did not consider 49 percenters to be employees. She further stated that it was only her opinion, and it was up to the Board to decide the matter. I do not think this is a matter of law. It is simply an internal matter dealing with policy.
2) You omitted that portion dealing with the Board Secretary. I am the Board Secretary, and you by-passed me. Debbie Fox is Assistant to the Board.
3) The policy clearly says in effect that the president of the campus involved will chair the committee, but you appointed another.
4) Now the real point I want to make is this: If we are not going to follow policy, then Policy Governance has no value and no place in our district. Why even have Policy Governance?
You have clearly stated that you followed policy, but I don't see that you did.
Finally, there is the incredibly presumptuous act on your part. You have already put into stone Paul Elsner's name on the sidewalk leading into the library before the Board has even approved his nomination. This is egregiously arrogant in my opinion.
Now to my fellow Board Members, I suggest that to vote yes on this agenda item is tantamount to negating the very principles of Policy Governance that the majority of this Board holds in high esteem."

Mr. Eastin noted that he was required to resign his 49 percent position when he was elected to the Board because he was considered an employee of the District. Dr. Christiansen responded that a process error had been committed, this being the first time that he had utilized this policy. The item was sent to Debbie Fox in error. The judgment to imprint the signage with Dr. Elsner's name was made to save funds. Dr. Christiansen apologized, asked for the indulgence of the Board, and respectfully asked for approval. Discussion was held that clarification needs to be made regarding the "employee status" of 49 percent employees as defined by the Governing Board. Referring to statements made by Eastin, Dr. Campbell inquired of Mrs. Bradshaw if the Board would be materially deviating from their concept of policy governance and if long range negative implications could arise for policy governance if the Board approved the recommendation before them. The record reflects the response made by Mrs. Bradshaw - "Policy governance is a policy that is adopted by the Board and the Board can decide at any time whether it wants to follow the policy or not. In this instance, I am not really sure that it's a total substantive change. I think the college intended to follow the policy although it was ignorant of some of the details that were needed. I personally do not see it as a real deviation from policy governance itself. One of the things, and this will come up in the information item, is that the Board at a recent retreat said that it wanted to retain authority over naming of buildings and I have attempted to clarify these issues in a proposed policy. It may still not be clear enough for perhaps the Chair and Mr. Eastin and we can easily remedy that." In regard to an inquiry from Mr. Contreras regarding Dr. Elsner's status as an employee of the District, Mrs. Bradshaw indicated that this is up to Board interpretation regarding employee status of 49 percenters. Should the Board interpret 49 percenters as employees, then the Board would have to vote the item down. Should they interpret otherwise, Mrs. Bradshaw noted that there is precedent for naming a building for a 49 percenter.

MOTION NO. 8889

Don Campbell moved that the Governing Board grant permission to name the new MCC Library and High Technology Complex for Paul A. Elsner, retiring Chancellor of the Maricopa District. Motion carried 3-1. Mr. Eastin was opposed.

INFORMATION ITEMS

(VI.A.) Amendments to Board Policies
First Reading

MONITORING REPORTS

(VII.A.) Budget Analysis Report Summary
Fund 1 - General Unrestricted Fund
For the Fiscal Year Ended June 30, 1999

NEXT BOARD MEETING
The next Governing Board meeting will be a strategic conversation session on August 10, 1999.

ADJOURNMENT
The meeting adjourned at 8:20 p.m.

______________________
Gene Eastin
Governing Board Secretary


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