MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
DECEMBER 11, 2007
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. Â§38-431.02, notice having been duly given.
Linda Rosenthal, President
Don Campbell, Secretary
Colleen Clark, Member
Scott Crowley, Member
Jerry Walker, Member
Dianne Johns for Albert Crusoe
Mary Kay Kickels
Daniel Corr for Art DeCabooter
The regular meeting was called to order at 6:32 p.m.
The executive session was called to order by President Rosenthal at 5:30 p.m.
PLEDGE OF ALLEGIANCE
The assembly pledged their allegiance to the
The following citizens came forward.
Debra Brimhall-Pearson came forward to introduce herself as a retired state representative from Northern Arizona and now a member of Maricopa County after her ranch burned down during the Chedeski Fire. During her term as representative she had a passion for community colleges and chaired any committee involving community colleges. She stated she was looking forward to getting involved in this community.
Mark Brodie, a reporter and on-air host for Rio Salado College’s KJZZ Radio Station, read the following statement regarding religious holidays:
“I certainly appreciate that the district is closed on Christmas, and takes a half day on Christmas Eve; these are extremely important holy days in the Christian faith, and many people observe them as such. I would not for a moment suggest that it should be “business as usual” on those days. However, I find it outrageous that other religions are not afforded any concessions even remotely similar to those given to the Christian faith. In my case, district officials told me that I was free to use personal time to take time off for Rosh Ha’Shanah and Yom Kippur, the Jewish High Holy Days. I was also given the option of working overtime, but not collecting extra pay for it. When I inquired why I had to use personal time for the two most solemn days of my religious calendar, I was told that it was simply district policy. Another argument suggested that “if we gave days off for every religious holiday, nobody would ever work.”
I find this point both insensitive and uninformed. I agree that not every religious holiday should be a day off; at some point, if people want to observe, they need to do it on their own time. However, I was inquiring about the two most holy days on the Jewish calendar, which are often compared in importance to Christmas and Easter. To suggest that those days are in any way comparable to lesser holidays in any religion strikes me as faulty logic.Another argument I heard centered on how “accommodating” the district is, in allowing its employees to take personal days to attend religious observances. Yet, according to the Civil Rights Act of 1964, employers “must reasonably accommodate employees' sincerely held religious practices unless doing so would impose an undue hardship on the employer.” In other words, if the district prevented me from taking time off to observe a religious holiday, it would be in clear violation of federal law. So, to suggest that the district is somehow doing its employees a favor by “allowing” them to use their personal time for such activity is, at the very least, disingenuous.
It seems to be discriminatory that followers of religions other than Christianity should be forced to take their personal time to observe their holidays, while Christmas is always a day off. I also don’t believe the argument I’ve heard that the “winter recess” is not really a Christmas vacation. I’d be extremely surprised if it was a coincidence that the break almost always starts with a half-day on Christmas Eve, and always includes Christmas Day.
According to district policy, personal days are to be used for “an activity which can be accomplished only on the work day involved. Examples may include assisting a relative in an emergency situation, an appointment with a professional, a funeral, etc.” (9.7.1) So, because my religion’s holiest days are not recognized by district policy, I have fewer “personal” days available for “personal use:” my car is allowed to break down two fewer times than those belonging to Christians; my friends and family are allowed to have two fewer emergencies over the course of the year; two fewer people I care about, and whose funerals I would like to attend are allowed to die during the year.
I would like to emphasize that I am not advocating the district close for all religious holidays—that would be ludicrous. However, I think it’s discriminatory that followers of one religion have their most important holidays as automatic days off, while followers of other faiths have to use their personal time to worship. I would humbly suggest that it would hurt neither the district nor its workers’ productivity to allow them to take their religions’ most holy days off, with pay…but without having to use personal time, or work overtime. It only seems fair that accommodations made for one group of people should be made for all. To not do so leaves one with the Orwellian realization that while everyone may be created equal, some are more equal than others. That realization is unacceptable for an organization which says it’s committed to the “value of inclusion, the implementation of policies and regulations that serve to prohibit discrimination and by practicing non-discriminatory actions in both employment and academic activities.” (Blue Book, p.33)I would welcome and appreciate the opportunity to discuss this further.”
BOARD MEMBER REPORTS
Mr. Crowley and Mr. Walker both issued wishes a happy holiday season.
Chancellor Glasper announced that he had three items.
1. He asked President Atwater to speak about the two emeritus recommendations that were part of the board agenda. President Atwater commented that it was his pleasure to recommend two individuals from South Mountain Community College for emeritus distinction, Dr. Mary Long and Ricardo Provencio. Together both provided sixty years of service to MCCCD, primarily at SMC. Dr. Long worked as a full-time faculty member of psychology, sociology, philosophy, and religious studies programs since 1984. Mr. Provencio Maricopa Community Colleges as a counselor, coordinator, and director of various departments, committees, and advisor to student organizations for 30 years. He is well known for his dedication to Hispanic student and employee issues, needs, and concerns and was active in the Storytelling Institute.
2. Dr. Glasper stated that it was his pleasure to acknowledge Dr. Steve Helfgot, Vice Chancellor for Student and Community Affairs, for winning the Anti-Defamation League’s Al Brooks Community Leadership Award presented to him at a recent dinner. Dr. Helfgot was honored for his 35 years of dedicated efforts as a faculty member and executive in community colleges, and his emphasis on student success and helping students achieve their dreams. He is an inspiration for all of us working to serve students. The Al Brooks Award was established to honor Sumner “Al” Brooks, the first Jewish Mayor of Mesa, and it is intended to pay tribute to people who, in the course of their daily lives, give back more than can be measured. His extraordinary service and leadership reflect the Maricopa District’s commitment to serving students and this community.
3. Lastly, Dr. Glasper read a letter from Vice Chancellor Crusoe announcing that Dianne Johns who was sitting in for him this evening and would be retiring at year end. He stated that her service would be truly missed and referred to Ms. Johns as an invisible leader who had seen the Maricopa Community Colleges through three major medical plans and the automation of numerous HR systems. He further stated that it had been his pleasure working with her and wished her well on her retirement.
There was no report.
Faculty Executive Council President Reyes Medrano was not present due to a death in the family.
VICE CHANCELLOR REPORTS
There were no reports.
There were no reports.
STUDENT LIFE REPORTS
Students from the South Mountain Community College Student Governance Board were present to speak about their activities and involvement during this past year. In attendance were:
o Elias Franco: Chair
o Marrissa Tanner: Co-Chair
o Secretary: Lucia Martinez
o Public Relations: Alyssa Barnhart
o Co-Public Relations: Belinda Lauro
o Treasurer: Charlotte Behmlander
o Executive Board Member: Jose Pena
Alyssa and Marrissa reported that they had attended Leadershape 2007 last summer which helped them brush up on their leadership skills. Alyssa also commented that board members had also participated in Student Governance Board Summer Training where they learned parliamentary procedures, money management, organizing events and public relations. They were also able to attend a leadership workshop at Camp Sky-Y in September which provided information pertaining to wellness, trusting in their leadership, and a ropes course. They hosted a men’s luncheon in October and attended the MCBAA Black Tie event in November. Two of their members will be participating in a trip to Washington DC in February due to their involvement in the Student Public Policy Forum.
WORK SESSION FOLLOW-UP REPORT
There was no report.
There was no report.
The following reports were made:
Retired Senator Dennis DeConcini provided the following federal activity report for 2007:
Parry, Romani, DeConcini and Symms has been pleased and honored to provide federal representation to the Maricopa County Community College District during 2007. We emphasize a bipartisan approach to representing your interests, which is important given the changing nature of Washington politics. We continue to develop and enjoy the professional relationships we have established with the leadership and employees of MCCCD.
This report will summarize and review our activities in representing MCCCD over the past twelve months. We would be happy to provide you with more detailed information on any particular item or to respond to any questions you may have.
During the year, we make ourselves available for general questions and consultation on issues relevant to MCCCD. This includes monitoring of federal legislation affecting higher education, student financial aid, and other important issues. We communicate with MCCCD representatives on a continuous basis by either telephone or e-mail on these issues, and we promptly respond to any requests for information or other services.
Below are a number of specific activities and issues where we have devoted significant time and resources in representing MCCCD during 2007:
We assist in identifying opportunities to secure direct appropriation funds for MCCCD and its individual colleges. We began this process very early in 2007 by helping to develop specific requests for funding. We then secure sponsorship from members of the Arizona Congressional Delegation for these requests. This process is long and time consuming, and depends on Congressional action on the progress of various appropriations bills.
This year, we were able to include a number of these requests in appropriations legislation approved by the House of Representatives. In the Energy and Water appropriations bill, we were able to include $1,000,000 for MCCCD’s Achieving a College Education (ACE) Program. In the Labor/HHS/Education appropriations bill we were able to include $300,000 for MCCCD’s bilingual nursing program, $125,000 for a nursing certification program at Mesa Community College, and $175,000 for the Enfermeras En Escalera Program at Mesa Community College.
Final funding is contingent on Congress completing its action on its 2008 appropriations bill. Congress is in the process of completing its year end business, and we expect an omnibus appropriations bill to be completed shortly. We are following the developments of this legislation closely and will keep you informed on its progress.
We have worked closely with Vice Chancellor Steve Helfgot and others to address the administrative issues related to the legal residency requirements of Proposition 300, which requires all institutions of higher education in Arizona to verify legal residency of all students before granting in-state tuition rates. We have worked to help identify groups of students who can be verified based on readily available information such as current or former military status, and have worked with members of the Arizona congressional delegation to assist in this effort. We are currently working to get legislation introduced that would grant MCCCD access to federal information data bases to verify legal residency status in order to reduce the administrative costs associated with Proposition 300.
Student Public Policy Forum (SPPF) Washington Trip
As we have done is past years, we assisted in the annual meeting participation of MCCCD’s SPPF students in the National Legislative Seminar hosted by the American Association of Community Colleges and the Association of Community College Trustees in Washington, D.C. of student representatives of MCCCD. This includes assisting with the scheduling of meeting appointments, helping to organize a luncheon on Capitol Hill, and helping to make the visit meaningful and rewarding for the participants.
Scheduling of Additional Congressional Meetings
We have set up meetings for various representatives of MCCCD and accompanied them to help present the views of the college system. This included facilitating meetings of MCCCD representatives from the National Association of Community College Teacher Education Programs on Congressional visits during their Board Meeting in Washington.
We look forward to our continued representation of MCCCD. We have adjusted our strategies to take into account the change in party control of Congress, and are working with the new members of the Arizona delegation and with the new leadership structure in both the House and Senate. As always, we appreciate the excellent cooperation and professional attitude we always receive from your staff.
Government Relations Director Matt Ortega provided the following report:
• The state budget is in a deficit position by $970 million and economists agree to disagree on whether this country is headed towards a recession. The economic outlook is grim, especially for Arizona. Contributing factors are that people are not buying a lot and consequently sales taxes are down. People are concerned about losing jobs and not being able to make mortgage payments. Contracting is down and many of those who filed tax extensions earlier in the year got refunds of $76 million in October. A recovery will probably not been seen until 2010 and won’t be back to normal until 2011.
Dr. Maria Hesse, President of Chandler-Gilbert Community College, announced that CGCC's television commercial, which airs on Cox Cable Television at various times throughout the year recently received a 2007 Telly Award. Their Marketing & Public Relations Department worked with Cox Media to produce the commercial. The Telly Awards honor the best local, regional, and cable television commercial and programs, as well as video and film productions, and work created for the Web. The 28th Annual Telly Awards received over 14,000 entries from all 50 states and 5 continents. Dr. Hesse acknowledged and thanked all of the employees in CGCC’s Marketing and Public Relations Department for their ongoing good work.
APPROVAL OF THE AGENDA
President Rosenthal requested a motion to approve the agenda.
MOTION NO. 9457
Dr. Campbell moved that the Governing Board agenda be approved. Motion approved 5-0.
President Rosenthal requested a motion to approve the Consent Agenda.
Mrs. Rosenthal indicated that since there were people present to speak on Item V.C.4, it would be removed from the Consent Agenda.
The following items were included on the Consent Agenda:
A.1. APPROVAL OF MINUTES – Approve the minutes of the November 13 Governing Board Retreat
B.1. APPROVAL OF FACULTY EMERITUS STATUS DISTINCTION – SOUTH MOUNTAIN COMMUNITY COLLEGE - award Faculty Emeritus Distinction to Dr. Mary Long and Mr. Ricardo Provencio.
C.1. CONSIDERATION OF EMPLOYMENTS, RESIGNATIONS, RETIREMENTS AND TERMINATIONS - Approve the proposed employments, resignations, retirements and terminations as submitted with noted addendum.
C.2. CONSIDERATION OF FLEX CRDIT BENEFIT PROPOSAL FY2008-2009 - approve EBAC’s recommendation for implementation of the Flex Credit Benefit Proposal to be effective July 1, 2008. The proposal consists of the following:
The actuarial projection for the FY 2008-2009 medical plan, provided by Buck Consultants, is a 21% increase for both the Core Plan PPO option and the Buy Up Plan PPO option. The Core Plan is the PPO option with a deductible, higher out of pocket costs, and a lower monthly premium. The Buy Up Plan is the PPO option with lower out of pocket costs and a higher premium. It is requested the increased cost be funded in the following manner:
Full funding for the “Core Plan” ($4.8 million maximum) to include an increased level of flex
credits applied to the Buy Up Plan.
In order to help reduce the ever-increasing medical costs, the following policies continue to be implemented in the allocation of flex credits to employees:• Full Time Employees
• Continue to allocate flex credit levels based as a percentage of the medical premium costs across
all 4 tiers of coverage;
• Continue flex credits of $2500 to employees who waive medical coverage;• Part Time Employees
• Continue elimination of flex credits for employees who waive medical coverage;
• Continue flex credit levels for family tiers at 50% of the flex credit levels allocated to full time
• OYO Employees
• Eliminate flex credits for employees who waive medical coverage;
• Provide “employee only” medical coverage flex credit levels to OYO employees who purchase any tier of medical coverage;
Based upon the forthcoming medical premium increase, the current flex credit levels will be increased for full time and part time employees who elect some tier of medical coverage. OYO’s who purchase medical coverage will continue to receive the flex credit levels equivalent to the employee only medical premium for the Core Plan. Full time employees who waive will receive $2500 of flex credits; part time employees and OYO employees who waive will receive no flex credits.
D.1. APPROVAL OF PROPOSED CURRICULUM AND PROGRAMS - Approve the proposed curriculum and programs as submitted.
D.2. APPROVAL OF CURRICULUM – CATALOG COMMON PAGES - Approve the proposed curriculum and programs as submitted.
D.3. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA SKILL CENTER (MSC) AND WESTERN MARICOPA EDUCATION CENTER – DISTRICT 402 (WEST-MEC) FOR MSC TO PROVIDE EDUCATIONAL PROGRAMS FOR WEST-MEC STUDENTS - approve the Educational Programs Intergovernmental Agreement (IGA) between the Maricopa Skill Center (MSC) and West-MEC. This agreement is for MSC to provide cosmetology programs for West-MEC students. The effective dates of this agreement are July 2008 through June 2013.
D.4. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA SKILL CENTER (MSC) AND TEMPE UNION HIGH SCHOOL DISTRICT TO PROVIDE CUSTOMIZED CONTEXTUAL LANGUAGE TRAINING TO TAA-FUNDED MSC STUDENTS - approve the Intergovernmental Agreement (IGA) the Maricopa Skill Center (MSC) and Tempe Union High School District (TUHSD). This agreement is for a pilot program to provide customized contextual language training to MSC students that are funded by the Department of Labor (DOL) under Trade Adjustment Assistance Reform Act (TAA). The effective dates of this agreement are November 2007 through June 2009
D.5. APPROVAL OF CORPORATE TRAINER FOR FORD MOTOR COMPANY – GLENDALE COMMUNITY COLLEGE - approve a one-year extension of the contract agreement in the amount of $85,116 to provide technical training for Ford Motor Company dealership automotive technicians throughout the state. This contract agreement is between Ford Motor Company and the Maricopa Community College District through THE INSTITUTE for Business, Industry and Technology at Glendale Community College. The contract period will be from January 1, 2008 - December 31, 2008.
D.6. APPROVAL OF IGA BETWEEN ARIZONA DEPARTMENT OF HEALTH SERVICES AND CGCC FOR COURSES IN CUSTOMER SERVICE WORKPLACE SPANISH AND MENTAL ILLNESS TERMNOLOGY IN SPANISH - approve an Intergovernmental Agreement between Chandler-Gilbert Community College (CGCC) and The Arizona Department of Health Services (ADHS). This agreement is for course development and classroom learning experiences for the employees of the Division of Behavioral Health Services (BHS) in Customer Service Workplace Spanish and Medical Terminology in Spanish. These services will be provided January 1, 2008 – December 30, 2008.
D.7. APPROVAL OF 2008-2009 SABBATICAL RECOMMENDATIONS - approve the recommended ranked list of sabbatical leaves as submitted.
E.1. APPROVAL OF LICENSE AGREEMENT BETWEEN THE ARIZONA BOARD OF REGENTS ON BEHALF OF NORTHERN ARIZONA UNIVERSITY AND ESTRELLA MOUNTAIN COMMUNITY COLLEGE - approve a License Agreement between the Arizona Board of Regents on behalf of Northern Arizona University and
Estrella Mountain Community College.
E.2. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ARIZONA DEPARTMENT OF ECONOMIC SECURITY AND THE MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT - accept the Intergovernmental Agreement (IGA) between the Arizona Department of Economic Security and the Maricopa County Community College District for Vocational Rehabilitation Services.
E.3. APPROVAL OF CHANGE ORDER FOR COMPLETION OF THE PLANETARIUM IN THE NEW SOUTHWEST PHYSICAL SCIENCE BUILDING AT MESA COMMUNITY COLLEGE – approve a change order an amount not to exceed Three Hundred Sixteen Thousand Seven Hundred Forty and 36/100ths Dollars ($316,740.36) to Baton Malow Company or the completion of the planetarium in the new Southwest Physical Science Building at Mesa Community College.
E.4. APPROVAL OF CHANGE ORDER FOR PLANETARIUM EQUIPMENT IN THE NEW SOUTHWEST PHYSICAL SCIENCE BUILDING AT MESA COMMUNITY COLLEGE - approve a change order in an amount not to exceed Four Hundred Seventy-Four Thousand One Hundred Twenty-Eight and 06/100ths Dollars ($474,128.06) to Barton Malow Company for the purchase and installation of planetarium equipment in the new Southwest Physical Science Building at Mesa Community College.
E.5. APPROVAL OF AWARD FOR MASTER PLANNER AND DEVELOPMENT STUDY AT GATEWAY COMMUNITY COLLEGE - approve awarding a contract for $250,000 to Ayers Saint Gross (ASG) to revise the GWCC master plan and assist the college to evaluate private development potential for the campus.
E.6. APPROVAL OF SRP WELL SITE EASEMENTS AT GLENDALE COMMUNITY COLLEGE - grant two easements to Salt River Project (SRP) for access and maintenance of their well site at Glendale Community College.
E.7. APPROVAL OF CONCEPTUAL APPROVAL FOR REMODELING IN THE TOWER BUILDING AT RIO SALADO COLLEGE - provide conceptual approval for remodeling of 78,100 gross square feet (gsf) within the Tower Building at Rio Salado College, with a Total Project Budget of $3.5 million.
E,8. APPROVAL OF RATIFICATION OF CONTRACT AWARD TO ARIZONA CORRECTIONAL INDUSTRIES FOR INMATE CONSTRUCTION LABOR ON THE RIO SALADO COLLEGE - TOWER @ RIO RENOVATION PROJECT - approve ratify the awarding of a purchase contract to the Arizona Correctional Industries for $150,000. The contract is for labor of student inmates enrolled in the Rio Salado College construction technology work-based education program. Inmates will be demising, constructing and painting walls and installing necessary electrical connections throughout the Tower @ Rio building.
E.9. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN RIO SALADO COLLEGE AND THE CITY OF SURPRISE FOR THE CONSTRUCTION OF THE CITY OF SURPRISE COMMUNIVERSITY – Center for Higher Education Excellence - approve the intergovernmental agreement with the City of Surprise that allows the College to design and then purchase a building located in the City of Surprise Civic Complex to serve as the City of Surprise Communiversity – Center for Higher Education Excellence.
E.10. APPROVAL OF SECOND AMENDMENT TO OFFICE LEASE AGREEMENT FOR SMALL BUSINESS DEVELOPMENT CENTER (SBDC) – approve this amendment to the office lease of the SBDC for an additional five years at a cost of $20 per square foot for year one increasing by $.50 per square foot for each additional year amounting to $22 per square foot at year five. The total cost for the five years including tax and parking will be approximately $338,802. The lease will commence on February 1, 2008 through January 31, 2013.
MOTION NO. 9458
Don Campbell moved for approval of the Consent Agenda with the exception of V.C.4 which was pulled be approved. Motion approved 5-0.
C.3. APPROVAL OF CONSIDERATION OF RECOMMENDATION FOR DISMISSAL OF CGCC EMPLOYEE – Uphold the previous involuntary termination of Maria Sutton and adopt the Hearing Committee’s findings of facts and conclusions of law, and the Chancellor’s supplementary findings of fact and conclusions of law.
The following people came forward to speak on this item:
Ashley Sutton. Ms. Sutton (daughter of Maria Sutton) read a letter from the Pastor of Rock Church outlining the service work performed by the children of Maria Sutton.
Maria Sutton. Ms. Sutton commented on her family’s community service work, including her daughter serving as a tutor. She stated that she had been an employee for 30 years and asked that the Board consider her family’s impact by this termination action.
Dr. Cleopatria Martinez: Dr. Martinez cam forward to speak on behalf of herself and Officer Deterding who both served on the hearing panel on the District case against Maria Sutton. She stated that Ms. Sutton has been an employee for 30 years and is the only Hispanic safety officer at MCCCD. She has always given more than 100%. Although she did not wear her uniform or shoes one day, another officer did the same and he is still employed. Other officers have in fact gotten in wrestling matches but are still employed. Ms. Sutton was going through a divorce and was gone seventy minutes to sign papers. She made a poor choice and was guilty of being human. Dr. Martinez stated that Ms. Sutton should be reprimanded but not let go.
Assistant General Counsel, Richard Galvan, read the following statement:
“It is my pleasure to appear before the governing board, the chancellor and other district dignitaries present as well as the many members of the public who are here tonight. It is my duty to ask the board to uphold its July 24, 2007 termination of certified safety officer Maria Sutton. On July 24th the board was asked to terminate Ms. Sutton for a variety of reasons including taking unauthorized leave during duty hours, reporting to work grossly late and falsifying her time records. These and other improprieties were uncovered earlier during an investigation by the Chandler-Gilbert Director of Safety. The investigation occurred because of several reports from different safety personnel which indicated that Ms. Sutton many have taken unauthorized leaves during the time the Director of Safety was on extended leave. Ms. Sutton appealed her termination.
At the due process hearing, Ms. Sutton admitted to the following:
1. That she left the Chandler-Gilbert campus for 73 minutes without permission on April 14th of this year to meet with husband at a nearby shopping mall to review and sign documents related to their ongoing divorce;
2. That she failed to timely report to work on the April 14, 15, and 22. She was 18 minutes late on the 14th, 29 minutes late on the 15th, and 61 minutes late on the 22nd.
3. That she falsified time records indicating that she had worked a full eight hours on the days in question when she had not.
The evidence at the hearing also established that:
4. Ms. Sutton allowed her underage children to be on campus without proper adult supervision during her duty hours; and
5. She failed to wear on April 14th her college safety uniform for most, if not all, of the day.
As a certified college safety officer, Ms. Sutton was a first responder charged with protecting person and property at Chandler-Gilbert which made her presence on campus, when on duty, crucial to the maintenance of campus safety. Unlike all other District employees (with the possible exception of faculty), certified college safety officers’ presence on campus is an absolute requirement for the safe and smooth functioning of a campus. This has become particularly clear since the events at Virginia Tech earlier this year. That the certified college safety officers are to be present on campus is implicit with recent state legislation requiring that certified college safety officers be armed. And why is that? Because it would do no good to arm your certified college safety officers if they had abandoned their post or never showed up for work. In short, District students, employee and campus visitors count on the certified college safety officers to timely report to work and to remain on campus the entire time they are on duty. At the due process hearing, Ms. Sutton’s attorney complained that she had not been warned that her conduct might lead to termination. The warning was not required under the college safety policies. Moreover, I ask you, does any employee working for any employer in this country not know that failing to report to work on time, taking unauthorized leave and falsifying payroll records gets you fired? It is just common sense that these things are wrong and lead to termination. Nobody should have to tell you. At the due process hearing, her attorney asked for leniency because Ms. Sutton had worked for the District for over 26 years. What happened to long-time employees giving good example to younger employees? If anything Ms. Sutton should be judged at a higher standard because she has worked for the District over 26 years. The actual issue presented to the board is whether to uphold Ms. Sutton’s termination or whether to administer lesser disciplinary action or none at all. The real issue is what message does this board wish to send to the remaining certified college safety officers and indeed to all District employees and the public at large? Does the board wish to countenance reporting to work late, absenting oneself from duty, and falsifying payroll records? Termination is very severe discipline but in this case the punishment of terminating fits the crime. Ms. Sutton’s termination should be upheld.
Martin Bihn, attorney for Maria Sutton: Mr. Bihn commented that Ms. Sutton was a 26 year employee that had never been disciplined before. Ms. Sutton was going through a difficult divorce. Investigation did not look into other issues that were presented. Termination was inappropriate. The hearing committee recommended 45 days suspension which is a very significant discipline. Normal response is to find out what was wrong, however, supervisor secreted self in a closet and took a video. Acknowledged that Ms. Sutton committed a horrible mistake.
Governing Board Member Jerry Walker stated that he fully recognized that Ms. Sutton did behave inappropriately on some occasions but believed that the fact that she was not stopped and counseled should have occurred. This situation was take out of proportion. She did some wrong things but supervisor did wrong as well. This was an opportunity for mercy and grace.
MOTION NO. 9459
Governing Board Member Scott Crowley moved that the Board uphold the previous involuntary termination of Maria Sutton and adopt the Hearing Committee’s findings of facts and conclusions of law, and the Chancellor’s supplementary findings of fact and conclusions of law.
Governing Board President Linda Rosenthal wanted to go on record that she felt the campus did this employee a great deal of wrong and would vote no on this situation. The campus has an obligation to not run to termination without an appropriate process prior to recommending this.
Motion not approved 2-3 (Walker, Rosenthal and Campbell voted nay).
MOTION NO. 9460
Governing Board Member Don Campbell moved to rescind the termination and impose alternative discipline of suspension without pay for a period of up to ten working days served prior to this date.
General Counsel Pete Kushibab commented that the number of days needed to be specified.
Mrs. Rosenthal indicated the number of days needed to be greater and recommended 45 working days. Dr. Campbell revised his recommended to state rescinding the termination and impose alternative discipline of suspension without pay for a period of 45 working days served prior to this date.
Governing Board Member Scott Crowley commented that as a public safety representative and taxpayer, it was imperative that employees stay in line with policy.
Governing Board Member Colleen Clark stated that this was clear evidence of violation with plenty of evidence to substantiate this termination.
Motion approved 3-2 (Crowley and Clark – nay).
C.4. APPROVAL OF APPROVAL OF SETTLEMENT OF PENDING DISPUTE IN THE MATTER OF CYNTHIA GREENING – approve the payment of $10,000 for the benefit of Cynthia Greening, as consideration for settlement of a dispute arising out of Mesa Community College.
MOTION NO. 9461
Scott Crowley moved for approval of Item C.4. Motion approved 5-0
Brandy Walsh came forward and spoke on behalf of Cynthia Greening. Script included with these minutes.
Michael (last name unknown), a former student of Cynthia Greening, also came forward to speak on Ms. Greening’s behalf. He attributed his success as a businessperson in the web design field primarily to the assistance and motivation received from Ms. Greening.
Lynne Senzek also spoke to the exceptional teaching that Ms. Greening does and that she needed to be brought back to help the program. She motivates students to do what they think they cannot do. She recommended reinstatement of Ms. Greening to something she loves to
Budget Analysis Report Summary
Fund 1 - General Unrestricted Fund
For the Five Months Ended November 30, 2007
Expenditure analysis indicates 35.1% of the budget has been expended this year as compared to 35.3% expended at this same point in time last year. 29.3% of the budget remains unexpended or unencumbered compared to 29.3% in the prior year. Revenue analysis indicates that $314.7M 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 2008 is $89.0M.
NEXT BOARD MEETING
President Rosenthal announced that the next Governing Board Meetings would be a board meeting on January 8, 2008 and a regular board meeting on January 22, 2008
The meeting adjourned at 7:50 p.m.
Dr. Donald R. Campbell
Governing Board Secretary