Minutes 08/12/2007

MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
GOVERNING BOARD
AUGUST 12, 2008
MINUTES

A retreat was scheduled to be held at 8:00 a.m. in the Rio Conference Center at Rio Salado College in Tempe, Arizona, pursuant to A.R.S. §38-431.02, notice having been duly given.

PRESENT

GOVERNING BOARD
Don Campbell, President
Colleen Clark, Secretary
Linda Rosenthal, 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
Paul Dale
Ken Atwater
Jan Gehler
Teresa Toney
Gene Giovannini
Velvie Green
Maria Hesse
Ernie Lara
Linda Thor
Shouan Pan
Gloria Smith
Ernie Bakin
Rory Gilbert

Attendance: 26 people

RETREAT (8:00 a.m. through 10:15 a.m.)

Governing Board President Don Campbell welcomed those in attendance to this Governing Board/CEC Retreat on Policy Housekeeping. He made the following remarks:

• Welcome to everyone at the retreat. Appreciated everyone being in attendance, especially as the start of the semester neared.
• In accordance with the Governing Board's Annual Planning Calendar, a retreat is held each year in August in order to review policy language matters that have been identified throughout the year that we are being looked at for adoption or amendment prior to the end of the calendar year either through statutory changes that have occurred or through routine housekeeping reviews.
• The Board's Self Evaluation would also be discussed at this retreat, however this would occur after members of CEC were dismissed. Members of the Chancellor's Executive Council were invited to attend the policy housekeeping portion of the retreat as many of the topics do impact the colleges.
• Any proposed policy changes would be submitted through the formal process for either adoption or amendment.
• Upon completion of the policy housekeeping items, CEC members were to be dismissed in order that the Board may conduct its evaluation.

Routine Technical Policy Changes
Teresa Toney came forward and explained that the routine technical policy changes would be reviewed for gaps, however, most were statutory requirements. She referenced the items located behind the first blue page which included technical changes to Board Operations, Public Safety, Travel, Manner of Governing, Admission Policy, Admission Information, Criteria for Determining Residency, Parking and Traffic Regulations, and Active Retirement Program

College Course Materials Policy Draft
General Counsel Pete Kushibab called attention to the Draft Policy on College Course Materials which was included behind the second blue section of the retreat folder. He commented that the policy was in line with state legislation which addressed the following:

A. Payments, loans, advances, goods or deposits of money presented or promised for selecting or purchasing specific course materials.
B. Requesting course material information from the publisher.
C. Placement of orders for course materials.
D. Disposition of sample copies or complimentary teacher editions.
E. Academic freedom statement
F. Term definitions of “book buyer”, “bundled”, “complimentary teacher edition”, “course materials”, “publisher”, “sample copy”, “substantive content”, and “written information.”

Mr. Kushibab commented that these would be presented to the Governing Board for approval.

Mr. Walker asked how these could be enforced. Mr. Kushibab answered that employees would have to become familiar with policies.

Mr. Walker asked how it would be known if textbooks were complimentary. Mr. Kushibab answered that faculty should be aware of statutes that were in place.

Dr. Glasper commented that due diligence would be conducted to make sure that faculty were made aware. Perhaps this could be done in most current legal newsletter.

Open Meeting Law
General Counsel Pete Kushibab reported that whenever the Attorney General’s Office writes about anything significant to the community colleges, he apprises the Board. A recent experience that was investigated by the Attorney General involved the Surprise City Council and polling that took place. He reminded those in attendance that when a quorum of members of a public body at which they discuss, propose or take legal action, including any deliberations by a quorum with respect to such action, then that meeting must be posted and must show where it will be held so that people can attend. Meetings among small groups of individuals of the board constitute a violation of open meeting law.

Weapons and Procedures for Public Safety Officers Policy Draft
Vice Chancellor Debra Thompson introduced District Safety Director Ernie Bakin who informed those in attendance about proposed changes to the Public Safety Policy. These were:

When on-duty and on campus, sworn officers shall:
1. Be armed with their assigned firearm at all times (except as may be prohibited by law or other restrictions such as prohibitions on the carrying of firearms on tribal property), and
2. If not in uniform and on-campus, display their badge in such a manner that the officer is easily identifiable as an officer.
When off-duty, sworn officers may carry their district issued firearm, subject to the following limitations:
1. Officers will not carry firearms while consuming alcohol, or where the reputation of the department would suffer.
2. If an officer carries his/her district firearm off-duty, the officer must also carry his/her badge, college or district identity card, a second loaded magazine, and handcuffs.
3. Officers who carry their weapon off-duty are subject to the same policies, rules and procedures as those which govern actions on-duty.
Officers who are off-duty and not acting in a police capacity, who desire to engage in firearms practice/training with a district owned firearm at other than a police range will:
1. Use only commercially produced factory new or factory reload ammunition.
2. Immediately notify an on-duty supervisor in the event of an accidental discharge involving injury or property damage.
3. Be governed by, and subject to, all provisions of policy, procedure and protocols relating to the use and handling of firearms.

Vice Chancellor Al Crusoe asked if there were any prohibitions when they are on duty and they are on disciplinary action. Mr. Bakin responded that an employee was on disciplinary action, they would not be permitted to carry a weapon. It was then asked if policy language needs to be changed regarding use of firearms if an employee is being considered for disciplinary action. Dr. Glasper commented that discussion needs to be held. Further questions were asked regarding liability pertaining to district-assigned or personal weapons if something happens in violation of policy. District need to request that officer qualify for personal weapons.

Gender Identity Proposed Amendment: Non-Discrimination Policy
Diversity Manager Rory Gilbert spoke about the proposed amendment to the Non-Discrimination Policy Pertaining to Gender Identity and Expression. She commented that it would be recommended that the Governing Board amend the non-discrimination policy to include the words “gender identity and expression” as a protected group. The change should be reflected throughout all references of the MCCCD non-discrimination and EEO policy statements. Maricopa’s mission, vision and values promote an inclusive and respectful learning environment for all students and employees. Adding gender identity and expression to the non-discrimination policy helps to establish a safe learning and work environment for a group of people currently without the same basic protections. Maricopa seeks to provide student and employee success for all, regardless of their gender identity and expression. A policy change will help Maricopa to be consistent and intentional in providing support and strengthen our ability to serve our constituents.

Discussion points were brought up by Mr. Walker, Mr. Crowley, Dr. Helfgot, Dr. Hesse, Mr. Crusoe, Rory Gilbert and Lori Girshick. In view of the inability to resolve issues pertaining to this topic, Board Chair Dr. Campbell asked to have this discussion continued at a later time. Mrs. Rosenthal moved that the items be prepared for first reading and discussion could be held then. Chancellor Glasper stated that items of change were going to be controversial, however, he felt it important that the Board and CEC have an opportunity to have discussion. He recommended that the Governing Board work with Teresa Toney regarding items where they had questions.

Chancellor Rufus Glasper shared information pertaining to the Arizona Community College Association which currently has six out of ten Arizona community college districts as members. By the end of this year, this association may cease to exist. Since there is no one organization, we have not been invited to the table. Six community college districts have been meeting with AADGB. Pima Community College chose not to attend the meeting on July 29 when the Governor convened all ten districts. It has been recommended that there be a community college council appointed by the Governor which has been approved of in concept. If the ten districts fail to come together as one voice, the Governor will appoint one council to be over ABOR, the community colleges and K-12. The concept would be one board over higher education which would include universities and community colleges.

Members of CEC were dismissed at 9:30 a.m. and the Board continued to meet after a short break on the topic of self-evaluation.

ADJOURNMENT
The meeting adjourned at 10:20 a.m.

———————————
Colleen Clark
Governing Board Secretary