Minutes 08/25/2009

MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
GOVERNING BOARD
AUGUST 25, 2009
MINUTES

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
Colleen Clark, President
Randolph Lumm, Secretary
Debra Pearson, Member (Via Teleconference)
Don Campbell, Member
Jerry Walker, Member

ADMINISTRATION
Rufus Glasper
Maria Harper-Marinick
Debra Thompson
Darrel Huish
Steve Helfgot
Al Crusoe
Anna Solley
Pete Kushibab
Paul Dale
Shouan Pan
Ken Atwater
Ernie Lara
Gene Giovannini
Linda Thor
Linda Lujan
Jan Gehler
Velvie Green

CALL TO ORDER
The regular meeting was called to order at 6:37 p.m.

EXECUTIVE SESSION
There was no executive session.

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

SUBSTITUTE ANNOUNCEMENTS, AND CLASS ACKNOWLEDGEMENTS
There were no classes present.

CITIZEN'S INTERIM
Four citizens came forward:

Lawanna Martin
Ms. Martin, a nursing student at the Maricopa Skills Center, came forward to inform the Board about the treatment she had received from instructors and administration at the Skill Center. She stated that the environment was mean and hostile and she received no assistance. As a result of this she stated that she failed in the nursing program and would not be graduating with the rest of the class. She requested a refund of the money she had paid. She further stated that she felt she was a very competent A & B student who had never experienced any problems at any of the other Maricopa Community Colleges until she attended the Maricopa Skills Center. She also addressed the need for advocates for students at the Skills Center as she felt a systemic problem existed with their administration.

Nakeesha Bonner
Ms. Bonner, stated she was a Block C student and did not have a relationship with the Skills Center. She stated, however, that she felt there was unprofessional and unjust conduct displayed by the administration at this school. Although she passed all her academic credentials, she failed her clinicals. The appeal she made was put on the back burner and there was never any communication. She felt there was no justice and students lacked an advocate. The behavior at the Maricopa Skills Center, in which there were friendships between students and instructors, is unethical and unprofessional and should not be allowed. She appealed to the Governing Board to find out what was going on.

Diane Tomasa
Ms. Tomasa, a student at GateWay Community College, stated she failed the nursing program because of an instructor who was not very professional. She questioned where the checks and balances were to weed this out. Students and faculty share these discussions. She advocated for a disinterested third party to be part of the clinicals and this would eliminate discriminate and favoritism. Faculty should not be judge and jury.

Zephyr Magezi
Mr. Magezi stated he had been a partial witness to the treatment shown to Lawanna Martin. He stated he didn’t feel she had been treated fairly but rather unjustly. None of her issues were addressed. He felt an independent audit should be conducted to see what was going on.

Sajan George, Alvarez & Marsal Consulting
Mr. George stated that he and eleven colleagues had arrived this week and would be conducting an organizational review. They would start by going out to each of the colleges and would focus their first phase on student recruitment, retention, and achievement, as well as how the system is working towards that end. Their company will be looking for ways to improve this. Their team will be here four months but will come back in six weeks to report on phase one. They are interested in hearing from faculty and students as to what impacts student achievement. They are also provided a confidential e-mail address, “Maricopa@alvarezandmarsal.com” that people can send feedback to.

BOARD MEMBER REPORTS
Governing Board Member Jerry Walker commented that at last month’s meeting he had referenced the 503C Combat Veterans Fund he had helped set up and was currently looking for someone who would be interested in serving as chief financial officer for this effort. The individual should be someone who is passionate about veterans issues.

Governing Board Member Debra Pearson (attending via teleconferencing) reported that during the past month she had arranged for meeting between Maricopa staff and the Starshine Academy and thanked Dr. Maria Harper-Marinick and RIO President Dr. Linda Thor
for their hard work and forward thinking. Starshine Academy is a world leader in education and is making a positive impact in filling a void in areas of the world where education is badly need Mrs. Pearson also took this opportunity to thank Dr. Dale and Dr. Solley for their incredible convocations which she attended. The comments made by staff and faculty showed that they were excited about what their two presidents were preparing. She also suggested that a future executive session should include someone from the Attorney General’s office to talk about the confidentiality of e-mails sent by employees to Alvarez and Marsal. She felt board members should be able to have access to these.

CHANCELLOR'S REPORT
There was no report.

SECRETARY'S REPORT
Governing Board Secretary Randolph Lumm commented that concerns had been expressed to him by faculty about the efficiency study. He had offered to hold meetings with staff regarding their questions and only one campus took him up on his offer. As a result he would be meeting with Glendale Community College faculty on Friday afternoon, August 28.

FACULTY REPORT
Faculty Executive Council President Jim Simpson stated the Council had no report this month.

EMPLOYEE GROUP REPORTS
PSA President Stephen Zipperer provided an overview of the PSA Employee Group’s accomplishments this past year. Activities included the annual summer conference, a leadership retreat, various food drives and fund raising activities. He acknowledged the wonderful assistance he received from Chris Hoeffler, past PSA President, Vice Chancellors Crusoe and Thompson, as well as staff in Human Resources and EOLT. A copy of his presentation is included with these minutes.

VICE CHANCELLOR REPORTS
Vice Chancellor of Resource Development and Community Affairs Dr. Steve Helfgot called attention to the Heroes of Education 2010 Tribute Dinner Kick-off Reception scheduled for September 23, 2009 from 5:30 – 7:30 p.m. at Morton’s Steakhouse in Phoenix. The 2010 Heroes of Education Honoree will be Mayor Phil Gordon, City of Phoenix.

Vice Chancellor of Human Resources Mr. Al Crusoe provided the following statement:
" During Citizens interim of the June 23 Governing Board meeting, a prepared statement was read and presented to the Governing Board by an individual representing an employee whose separation was noted on the Consent Agenda.

The statement presented by this individual was critical of Judy Castellanos, my Senior Manager of Employee Relations. In my opinion, there were a number of inaccuracies in the presented statement. As such, I asked Judy to prepare a response for your review and information. This will be provided to you tomorrow.

I was not able to be present at last month’s Governing Board Meeting to make my next comments, so I feel it necessary to do so at this time for two major reasons.

First, as Senior Manger Employee Relations, Judy has to be involved with many employees who want “YES” responses to their situations and who cannot accept “NO”, or their responsibility for the “NO” response. In regards to this matter, a College President here today and their staff could attest to work place issues they previously had with this former employee.

Secondly, I feel it is necessary to “close the loop” with what occurred during the June 23 Citizens Interim. While members of the Governing Board will have information to review and determine whether the statements made by the presenter had merit, those who were in attendance or viewing the Board Meeting that night, and not doing so today, may never know that there is much, much more to the story than what was presented.

Ms Castellanos is an exemplary employee and should not be portrayed or labeled by a Citizens Interim presentation."

COLLEGE REPORTS

The following report was made:

Phoenix College President Dr. Anna Solley commented to their recent Convocation celebration and the introduced Robin Ozz, Faculty and Staff Development Coordinator, who provided a detailed report on the components of their mornings activities and presentations.

AADGB REPORT
Governing Board Member Jerry Walker, AADGB Representative, reported that AADGB would have a meeting in conjunction with ACCPC on Thursday and would report the results of this meeting during the September Board Meeting.

LEGISLATIVE UPDATE
Associate Vice Chancellor for Public Affairs Bernie Ronan provided a report on American Recovery and Reinvestment Act and how Maricopa was being impacted by the Stimulus Bill that had been passed by the Federal Government. He provided information pertaining to the State Fiscal Stabilization Fund (Phase I), Formula funds to WIA for job training, Competitive Grants from the U.S. Department of Labor, Automatic Funding, and Metrics for Phase II. He also explained how Phase III will work towards improving quality standards and assessments, improving collection and use of data, teacher and principal effectiveness and distribution, and support for struggling schools. A copy of his powerpoint slides are included with these minutes.

Dr. Campbell stated that there are a lot of federal funds available and Maricopa has been based on tax-based funds such as property and bond funds. He asked Dr. Glasper how he felt about this fourth revenue stream to fund Maricopa’s growth. Dr. Glasper responded that a couple of months back he would not have thought about a stateless community college but as we begin to look at revenue numbers for the last four or five years and that the state still does not have a budget, the reality of this is possible. The state has a $2-3 billion deficit. Enrollment numbers are increasing by 18-20% per year. Property taxes will decline next year and will remain flat for the next two-to-three years. Enrollment increases will challenge us to be competitive with staffing. Until the economy recovers, it would behoove us to look into this.

Mr. Walker questioned if there were stipulations that would be put in place which would require Maricopa to continue with traditional money when funds ran out or terms ran out. Mr. Ronan responded that typically requests in federal funding should be for supplementing. The money will eventually go away. The Board has never pursued money for something that was not part of the vision.

Mrs. Pearson commented that when these things were going through the markup process in February or March, there was a lot discussion on what the major focus was to be. It was to be used for retooling. Retooling is going to be explosive.

Dr. Campbell spoke about the trillions of dollars that the federal government is in the hole for and eventually with all of these funds, we will become dependent on them.

Mr. Walker stated that the burden would eventually be on those not yet born.

Mr. Lumm commented that there was the argument of stimulus over stabilization. Our plans are to stabilize while we are in a declining economy. There is a need to stimulate the economy.

AWARDS AND RECOGNITIONS
There were no awards or recognitions.

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

MOTION NO. 9593
Governing Board Member Don Campbell moved that agenda be approved. Agenda approved 5-0.

APPROVAL OF THE CONSENT AGENDA
President Clark requested approval of the Consent Agenda.

The following items were included on the Consent Agenda:

A.1 APPROVAL OF THE JULY 28, 2009 REGULAR BOARD MEETING

B.1. APPROVAL OF FACULTY EMERITUS DISTINCTION – GATEWAY COMMUNITY COLLEGE - award Faculty Emeritus Distinction to Dr. Elizabeth Skinner, Reading and Psychology faculty, at GateWay Community College.

C.1. CONSIDERATION OF EMPLOYMENTS - approve the following personnel actions as proposed. Budget approvals have been granted and are on file for the recommended personnel actions in this item.

C.2. CONSIDERATION OF SPECIALLY FUNDED EMPLOYMENTS - approve the following personnel actions as proposed. Budget approvals have been granted and are on file for the recommended personnel actions in this item.

C.3. CONSIDERATION OF SHORT TERM EMPLOYMENTS - approve the following personnel actions as proposed. Budget approvals have been granted and are on file for the recommended personnel actions in this item.

C.4. CONSIDERATION OF SEPARATIONS - approve the following personnel actions as proposed. Budget approvals have been granted and are on file for the recommended personnel actions in this item.

D.1. APPROVAL OF ARIZONA SMALL BUSINESS DEVELOPMENT CENTER NETWORK - approve acceptance of a negotiated contract increase in the amount of $201,090 (12.8%) from the U.S. Small Business Administration to the Maricopa Community Colleges for the Arizona Small Business Development Center Network for the period January 1, 2009 – December 31, 2009. The increase amends the original amount of funding for 2009 from $1,573,633 to $1,774,723.

D.2. APPROVAL OF LICENSE AGREEMENT BETWEEN THE ARIZONA BOARD OF REGENTS ON BEHALF OF NORTHERN ARIZONA STATE UNIVERSITY AND GATEWAY COMMUNITY COLLEGE - approve the License Agreement between Arizona Board of Regents on behalf of Northern Arizona University and GateWay Community College.

D.3. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN MESA COMMUNITY COLLEGE AND AMPHITHEATER PUBLIC SCHOOLS - approve an Intergovernmental Agreement between Mesa Community College (Regional Academy) and Amphitheater Public Schools on behalf of Amphitheater High for the 2009-2010 fiscal years. 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 $1,000.00 per Academy.

D.4. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN GATEWAY AND GLENDALE COMMUNITY COLLEGES AND THE CITY OF PHOENIX - approve an additional amendment of $105,420 to the Intergovernmental Agreement originally dated June 2007, which provides Workplace Readiness training to Workforce Investment Act (WIA) Title I Adult and Dislocated Workers. This Intergovernmental Agreement is between GateWay Community College, Glendale Community College, and the City of Phoenix. The amended agreement period is from July 1, 2009 through June 30, 2010. (The Governing Board approved an amendment on June 23, 2009 in the amount of $101,906. The City of Phoenix has since increased the funding for this training program.)

D.5. APPROVAL OF DEPARTMENT OF EDUCATION CYCLE 3 – YEAR 3 – GRANT AWARD FOR THE UPWARD BOUND PROGRAM AT GATEWAY COMMUNITY COLLEGE - accept and approve the U.S. Department of Education cycle 3, year 3 grant award in the amount of $250,000 for the Upward Bound program at GateWay Community College. The Upward Bound Grant Award Notification from the Department of Education is included with this Action Item.

D.6. APPROVAL OF U.S. DEPARTMENT OF EDUCATION GRANT AWARD FOR STUDENT SUPPORT SERVICES PROGRAM AT GATEWAY COMMUNITY COLLEGE - accept and approve the U.S. Department of Education grant award in the amount of $220,000.00 for the Student Support Services (SSS) program at GateWay Community College. Funds are expected to be awarded as an extension for a 5th year of a four year TRiO grant, beginning 9/1/05 and ending 8/31/09. The SSS Award Notifications are typically mailed out by the Department of Education in late August.

D.7. APPROVAL OF INTERGOVERNMENTAL AGREEMENT FOR DUAL ENROLLMENT WITH PUBLIC SCHOOL DISTRICTS - authorize entry into Intergovernmental Agreement (IGA) on behalf of its colleges with the public school district listed below for their dual enrollment program.
Saddle Mountain Unified School District #90

D.8. APPROVAL OF AGREEMENT FOR DUAL ENROLLMENT WITH CHARTER SCHOOL - authorize entry into an agreement on behalf of its colleges with the charter school listed below for its dual enrollment program.

Charter Schools

Grand Canyon Preparatory Academy
The Leona Group, L.L.C. (dba Crestview College Preparatory High School)

D.9. APPROVAL OF MEMORANDUM OF UNDERSTANDING AMONG A NEW LEAF, MESA UNITED WAY, AND MESA COMMUNITY COLLEGE PERTAINING TO INDIVIDUAL DEVELOPMENT ACCOUNTS - approve the Memorandum of Understanding (MOU) among A New Leaf, Mesa United Way, and Mesa Community College (a Maricopa Community College) to partner in securing financial resources for their Fast Tracking the Dream program, which utilizes Individual Development Accounts (IDA's) for low to moderate income students. The MOU provides a framework for jointly raising private funds that will be matched with federal dollars and individual savings to reduce the cost of tuition, books, and supplies for students at or below 200 percent of the federal poverty rate.

D.10. APPROVAL OF AGREEMENT FOR DUAL ENROLLMENT WITH PRIVATE SCHOOL - authorize entry into an agreement on behalf of its colleges with the private school listed below for their dual enrollment program.

Private Schools
Redeemer Christian School

E.1. APPROVAL OF LEASE EXTENSION FOR WESTDAY ASSOCIATES ON BEHALF OF RIO SALADO COLLEGE - approve a 6 month lease extension of the Westday Associates on behalf of Rio Salado College. The monthly rate is unchanged from the current rate of $14,668.26 per month or $27.23 per square foot.

E.2. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT/ESTRELLA MOUNTAIN COMMUNITY COLLEGE AND THE CITY OF GOODYEAR FOR USE OF THE CITY OF GOODYEAR’S EMERGENCY OPERATIONS CENTER - approve an intergovernmental agreement between the Maricopa Community College District and the City of Goodyear, for use of the City of Goodyear’s Emergency Operations Center, located at 190 N. Litchfield Road, Goodyear, AZ, by Estrella Mountain Community College during a catastrophic college emergency that forces a closure of the college’s primary Emergency Operations Center.

E.3. APPROVAL OF PURCHASE OF A RADIO AUDIO MANAGEMENT SYSTEM/ROUTER FOR KJZZ/KBAQ - approve a contract award in the amount of $204,823.38 (includes sales tax) to Harris Corporation Broadcast Division to purchase a Radio Audio Management System/Router for MCCCD broadcast services.

E.4. APPROVAL OF SRP EASEMENT FOR PUBLIC SAFETY BUILDING AT GLENDALE COMMUNITY COLLEGE - grant an easement to Salt River Project (SRP) to install and maintain electrical facilities for the Public Safety Sciences Building at Glendale Community College.

E.5. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN MESA COMMUNITY COLLEGE AND CITY OF MESA - approve an Intergovernmental Agreement between the Maricopa County Community College District and the City of Mesa through the Mesa Fire Department and Mesa Community College (MCC). MCC agrees to pay $1800 per month to the Mesa Fire Department during the term of the contract for facility and equipment usage. The IGA is through June 30, 2012.

MOTION NO. 9594
Mr. Lumm moved for approval of the Consent Agenda. Motion approved 5-0.

B.2. APPROVAL OF PROPOSED AMENDMENT TO OPERATIONS POLICY TITLE - review and adopt the proposed amendment to the “Naming of Facilities for Individuals and Organizations” section of the Board Policy for Operations

MOTION NO. 9595
Mr. Lumm moved for approval of Item V.B.2. Motion approved 5-0.

B.3. APPROVAL OF PROPOSED AMENDMENT TO NAMING OF FACILITIES AND ACADEMIC ENTITIES REGULATION - review and adopt the proposed amendment to the current administrative regulation titled “Naming of Facilities for Individuals and Organizations”. While this language is considered an administrative regulation and therefore an operational matter, the Governing Board has established in its General Policy Title that the naming of facilities is an action where it has elected to maintain ultimate authority.

MOTION NO. 9596
Mr. Lumm moved That Item V.B.3 be approved. Motion approved 5-0.

B.4. APPROVAL OF AMERICAN GRADUATION INITIATIVE RESOLUTION - adopt the following resolution endorsing the American Graduation Initiative in support of its enactment:

Whereas, community colleges are the largest and fastest growing sector of higher education in the U.S., educating more than 45% of all undergraduate students as well as more than five million additional non-credit students;

Whereas, there is a national consensus that the United States needs to provide greater numbers and percentages of its citizens with a higher education, as a moral, social, and economic imperative;

Whereas, community colleges continue to need greater financial and related support in order to fully realize their potential in helping more Americans obtain a college education and meet related career and personal goals;

Whereas, the Maricopa County Community College District is the largest single provider of postsecondary education in Arizona, offering affordable education to more than 260,000 students year round in credit courses leading to university transfer, as well as special interest non-credit courses;

Whereas, the Maricopa County Community College District is the largest provider of workforce training in Arizona, with an overall 63% of graduated students attaining employment in Arizona within three months;

Whereas, the “America Graduation Initiative” recognizes the centrality of community colleges to America’s well-being, and the need for financial resources to help those institutions;

Therefore, be it resolved that the Governing Board of the Maricopa County Community College District formally endorses the American Graduation Initiative and supports its enactment.

MOTION NO. 9597
Mr. Walker moved that Item V.B.4 be approved. Motion approved 5-0.

B.5. APPROVAL OFDESIGNATION OF BOARD MEMBER TO SERVE AS PRINCIPAL CONTACT WITH ALVAREZ AND MARSAL - designate a Board member to serve as the principal contact on behalf of the Board in the execution of the contract for the efficiency and effectiveness study with the firm of Alvarez and Marsal. This Board member would serve on behalf of the Governing Board on any committee charged to work with the contractor on implementation of any recommendation.

MOTION NO. 9598
Mrs. Pearson moved that the Board approve the nomination of Board Member Randolph Lumm to serve as the principal contact with Alvarez and Marsal due to the strong possibility that he would be serving as Board Chair for calendar year 2010. Motion not approved 1-4 (Mrs. Pearson – yes; Campbell, Walker, Lumm & Clark - no).

SUBSTITUTE MOTION NO. 9599
Dr. Campbell moved that the Board approve the nomination of the Chancellor as the principal contact with Alvarez and Marsal and rely on him to provide information. Motion not approved 3-2 (Walker, Lumm, Clark –no; Campbell, Pearson - yes).

SUBSTITUTE MOTION NO. 9600
Mr. Lumm moved that the Board approve the nomination of the Chancellor as an additional contact upon agreement with Alvarez and Marsal. Motion approved 5-0

VI.A.1. APPROVAL OF THE TRANSFER AND USE OF THE BASIC CONTINGENCY BUDGET LINE FOR THE ALVAREZ AND MARSAL CONTRACT AWARD - approve the transfer and use of the $900,000 Basic Contingency Budget line to partially cover the cost of the Alvarez and Marsal efficiency and effectiveness study approved by the Governing Board in July 2009. District office budget will fund the remainder of costs for this contract as well as costs for internal and external project managers.

MOTION NO. 9601
Mr. Lumm moved for approval of Item VI.A.1. Motion approved 4-1 (Mrs. Pearson – no).

VI.B.1. APPROVAL OF CONTRACT AWARD FOR REMODEL AND EXPANSION OF CAFÉ AND SITE IMPROVEMENTS AT RIO SALADO COLLEGE - approve awarding a contract in the amount of one million two hundred sixty-three thousand five hundred dollars ($1,263,500) to Kroll Contractors, Inc. for remodel of the café and site improvements at Rio Salado College.

MOTION NO. 9602
Mr. Lumm moved Item VI.B.1 be approved. Motion approved 5-0.

VI.B.2. APPROVAL OF CONCEPTUAL APPROVAL FOR REMODELING OF FOUR BUILDINGS AT MESA COMMUNITY COLLEGE - provide Conceptual Approval for the remodeling of the LA, EF, 41 and AC Buildings at Mesa Community College, with a Total Project Budget of $5,415,532.

MOTION NO. 9602A
Dr. Campbell moved Item VI.B.2 be approved. Motion approved 5-0.

VI.C.1 APPROVAL OF CFS RELEASE 12 UPGRADE - approve the expenditure of $530,000 for the upgrade of the College Financial System (CFS). This project will be comprised of multiple consulting and training components, with each component to be awarded to approved vendors through the competitive selection process outlined by purchasing policies. The Information Technology Council (ITC) reviewed and approved this project at the July 15, 2009 meeting.

MOTION NO. 9603
Mr. Lumm moved Item VI.C.1 be approved. Motion approved 5-0.

FIRST READINGS/INFORMATION ITEMS

A. PROPOSED NEW POLICY IDENTITY THEFT RED FLAG AND SECURITY INCIDENT REPORTING - adopt a Policy titled Identity Theft Red Flag and Security Incident Reporting. Upon adoption, the language will be added to the Board Auxiliary Policy section.

B. PROPOSED NEW POLICY REQUESTS OF STAFF TIME AND RESEARCH - adopt a Policy titled Requests of Staff Time and Research. Upon adoption, the language will be added to the Board Auxiliary Policy section.

(VII.A.)
BUDGET ANALYSIS REPORT SUMMARY
FUND 1 – GENERAL UNRESTRICTED FUND
FOR THE ONE MONTH ENDED JULY 31, 2009

Expenditure analysis indicates 7.2% of the budget has been expended this year as compared to 4.8% expended at this same point in time last year. 46.2% of the budget remains unexpended or unencumbered compared to 46.6% in the prior year. Revenue analysis indicates that $114.0M of the budget has been recognized. The projected fund balance will increase by ~$0.5 million this fiscal year and the projected ending fund balance for June 2009 is $102.6M.

NEXT BOARD MEETING
President Clark announced that the next Governing Board Meetings would be a Regular Board Meeting on September 22, 2009 at 6:30 p.m.

ADJOURNMENT
The meeting adjourned at 7:50 p.m.

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Randolph Elias Lumm
Governing Board Secretary