Minutes 12/13/2005

An executive session and regular meeting of the Maricopa County Community College District Governing Board was scheduled to be held at 5:30 p.m. at the District Support Services Center, 2411 West 14th Street, Tempe, Arizona, pursuant to A.R.S. §38-431.02, notice having been duly given.

PRESENT

GOVERNING BOARD
Don Campbell, President
Scott Crowley, Secretary
Linda Rosenthal, Member
Ed Contreras, Member
Jerry Walker, Member

ADMINISTRATION
Rufus Glasper
Steve Helfgot
Debra Thompson
Ron Bleed
Maria Harper-Marinick
Albert Crusoe
Anna Solley
Pete Kushibab
Mary Kay Kickels
Larry Christiansen
Ken Atwater
Art DeCabooter
Homero Lopez
Gene Giovannini
Linda Thor
Jean Ann Abel
Maria Hesse

CALL TO ORDER
The regular meeting was called to order at 6:30 p.m.

Two students representing the ASU HED533 Community College Class taught by Dr. Alfredo de los Santos and NAU’s CC580 Class taught by Gay Luna were in attendance.

EXECUTIVE SESSION
The executive session was called to order by President Campbell at 5:30 p.m.

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

CITIZEN'S INTERIM
One citizen by the name of Benjamin Reynolds, a student at Scottsdale Community College, came forward. Mr. Reynolds voiced his frustrations with a situation involving SCC’s Music Department Studio Recording Program. He stated that he had gone through the recommended complaint process, as written, up through the Vice President of Academic Affairs, John Neibling, but was not satisfied with the proposed solution of having his money refunded. He stated that his complaint involved music instructor Dr. Steve Green who was being paid for a class not being taught. Dr. Green was on the books at SCC and being paid but Dr. Green was not teaching the class. He stated that he had meetings with the division chair, a dean, and up through Dean Neibling. During the meeting with Dean Neibling everything seemed to be going okay and that they talked about everything that had taken place during the process. He commented that Dean Neibling very smugly tried to explain the difference between a CEO and a COO and basically agreeing with comments that had been made about President DeCabooter. The issues at SCC and the Music Department have been going on for years and they all involve Dr. Green. He stated other students felt the same as he did. He stated that there are other issues the Board can look into, even to the point that legal action can be taken. Statements are made about equipment that is not even available or sub-par gear. He personally has spent over $15,000 on equipment for a business that he is very interested in and wants to learn more about. . He stated he pays good money to be taught and is not learning anything. The campus has a “good old boys club.” Many teachers going back to MCC. He stated he wants an education, wants to be taught and does not want to be paid off. He would appreciate being contacted and having this issue dealt with.

BOARD MEMBER REPORTS
Mr. Crowley indicated he had attended the victorious GCC football game recently. He wished everyone a Merry Christmas.

Mr. Walker also wished everyone a Merry Christmas and a Happy New Year.

CHANCELLOR'S REPORT
Chancellor Glasper reported on the following:

• During the past 2 ½ months he has had the opportunity to meet with various editorial boards to bring them up to speed on bond activity and discussions that are beginning at the Legislature on the baccalaureate issue and also to update them on the P-20 Commission. He stated that this has been very beneficial. He has also meant with the think tanks in the Valley and today he had met with the Business Coalition Steering Team. The legislative agendas have been discussed and MCCCD has great support from the community. These groups are interested in learning more about what is happening post bond and with reference to land purchases and classrooms. Good baselines and frameworks are being established for the upcoming legislative session.

SECRETARY'S REPORT
There was no report.

FACULTY REPORT
Faculty Executive Council President Jamie Moore came forward to introduce Carmela Arnoldt, Faculty Senate President at GCC, who in turn introduced three faculty members from Glendale Community College: Paula Davis, Judy Poggi, and Denise Digianifillipo. Ms. Davis provided highlights of the Paramedic Training Program; Ms. Poggi spoke about the Early Childhood Education Program, and Ms. Digianafillipo briefed everyone on the Nursing Program at GCC. A copy of their PowerPoint presentation is included in this meeting packet.

EMPLOYEE GROUP REPORTS
Jeanne Christen, President of the Adjunct Faculty Association, came forward to express appreciation for allowing them to hold a luncheon recognizing adjunct faculty that have served for fifteen years or more. Service pins were awarded to 335 adjunct faculty earning this recognition. Staff members who helped bring this event together were recognized.

Nicola Perry, Wellness Program Committee Person, came forward to invite everyone to their Maricopa Moves II event to be held January 28 from 9-11 a.m. at Phoenix College’s Hoy Field. She announced that Phoenix Mayor Phil Gordon, Craig the Magician, the Arizona Cardinals Cheerleaders, and others would be present at the event.

COLLEGE REPORTS
The following colleges reported on their recent activities:

Chandler Gilbert Community College: President Hesse reported on the performance CGCC experienced on the Community College Survey of Student Engagement’s (CCSSE) five benchmarks of educational research that they consider to be important: Active and Collaborative Learning; Student Effort; Academic Challenge; Student-Faculty Interaction; and Support for Learning. CGCC was identified as one of the 2005 CCSSE Top Performing Colleges in Active and Collaborative Learning, ranking between 90-100 percentile in this area. Ms. Hesse summarized CGCC’s programs in the areas of student support, faculty training, and service learning initiatives which have enabled them to receive this recognition and outstanding results on their campus. A copy of the CCSSE 2005 Findings Report is included in this meeting packet.

Estrella Mountain Community College: President Lopez introduced Vice President of Academic Affairs Brian Tippett who spoke about the proposed cooperative relationship with Estrella Mountain Community College and the West Valley Arts Council for a jointly-developed Performing Art Center on the northeast quadrant of the EMC campus. This arrangement would permit the construction of a 500-seat theater, a black box and other ancillary instructional space for related arts education and training. The West Valley Arts Council will combine $2.9 million in funds and 5 acres of real property with EMC’s Revenue Bond funding of $8.4 million to complete this project. Julie Richards, Executive Director of the West Valley Arts Council, and Joyce Jackson, EMC Dean, both presented information supporting this initiative. A memorandum of understanding will be brought forward February, 2006, and the expected completion will be in 2009.

STUDENT LIFE REPORT
Students from South Mountain Community College were present to report on the activities of their Student Leadership Board. They were Hannah Jones, Christopher Travis, and Angel Valenzuela. Activities included a welcome back celebration, Mexican Independence Day festivities, a partnership with St. Mary’s Food Bank, the Third Annual Aids Luncheon, and a leadership training workshop. This Spring they plan to sponsor a vita/tax service, Women’s Week, Cinco de Mayo festivities and Graduation. Chris Travis spoke about his Hands Across The Border Program, and participation in a Diversity Retreat held in Prescott. They expressed appreciation to their mentor, Janet Denson, for her help and support to their efforts.

STRATEGIC CONVERSATION FOLLOW-UP REPORT
There was no report.

ACCA/AADGB REPORT
Mrs. Rosenthal reported that these groups had not met since the last board meeting.

LEGISLATIVE REPORT
Page Gonzales and Matt Ortega reported on 2006 Legislative Highlights. They summarized the background, challenges, and opportunities that the 2006 legislative session will provide. A copy of their report is included as part of this meeting packet.

AWARDS AND RECOGNITIONS
There were no reports.

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

MOTION NO. 9344
Mr. Crowley moved that the Governing Board agenda be approved. Motion carried 5-0.

CONSIDERATION OF CONSENT AGENDA
President Campbell asked for any requests to remove items from the Consent Agenda.

The following items are included in the Consent Agenda:

A.1. APPROVAL OF MINUTES - Approval of the minutes of the November 15, 2005 Governing Board Retreat and Special Board Meeting, and the November 22, 2005 Regular Governing Board Meeting.

C.1. APPROVAL OF FACULTY/MANAGEMENT/ADMINISTRATIVE/ SUPPORT - Approve the recommended personnel actions as presented with addendum.

C.2. APPROVAL OF FLEX CREDIT BENEFIT PROPOSAL FY2006-2007 – Approve EBAC’s recommendation for the implementation of the Flex Credit Benefit Proposal to be effective July 1, 2006.

D.1. APPROVAL OF CURRICULUM – Approve the curriculum proposals as submitted.

D.2. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN MESA COMMUNITY COLLEGE AND SNOWFLAKE UNIFIED SCHOOL DISTRICT – Approve an Intergovernmental Agreement between Mesa Community College (Regional Academy) and Snowflake Unified School District on behalf of Snowflake High School (Local Academy) for the 2005-2006 fiscal year ending June 30, 2006. This agreement is for training and support services for the CCNA* curriculum to be provided to the aforementioned Cisco Local Academy for an annual participation fee of $1,500.

D.3. APPROVAL OF 2006-2007 FACULTY SABBATICAL RECOMMENDATIONS – Approve the recommended ranked list of sabbatical leaves for 2006-2007. In the event that the approved candidates are not able to comply with the sabbatical requirements, or additional funds become available, alternates will be funded in ranked order.

E.1. APPROVAL OF CONSULTANT AWARD FOR A NEW HANGAR AT CHANDLER-GILBERT COMMUNITY COLLEGE AT THE WILLIAMS CAMPUS – Approve awarding a contract in the proposed amount of Two Hundred Twenty Five Thousand and no/100th Dollars ($225,000.00) to M3 Engineering and Technology Corp. to provide consulting services for a new Hangar at Chandler-Gilbert Community College’s Williams Campus.

E.2 APPROVAL OF SELECTION OF CONSTRUCTION MANAGER @ RISK FOR NEW HANGAR AT CHANDLER-GILBERT COMMUNITY COLLEGE AT THE WILLIAMS CAMPUS – Approve awarding a contract in the amount of Fifty Thousand and no/100th Dollars ($50,000.00) to Sun Eagle Corporation to provide Construction Manager @ Risk (CM@R) pre-construction phase services for the new Hangar at Chandler-Gilbert Community College’s Williams Campus.

E.3 APPROVAL OF CONTRACT AWARD FOR EMS CONTROLS UPGRADES AT PHOENIX COLLEGE – Approve awarding a awarding a contract in the amount of Four Hundred Fourteen Thousand Three Hundred Twenty-Four and no/100ths Dollars ($414,324.00) to Johnson Controls, Inc.for the installation of new electronic Energy Management System controls at Phoenix College.

E.4 APPROVAL OF CONCEPTUAL APPROVAL FOR NEW SOUTHWEST PHYSICAL SCIENCE BUILDING AT MESA COMMUNITY COLLEGE – Provide conceptual approval for the construction of a new 56,355 gsf (gross square feet) Southwest Physical Science Building at Mesa Community College.

F.1 APPROVAL OF COURSE FEE CHANGES AT SCOTTSDALE COMMUNITY COLLEGE – Approve the proposed changes to the adopted fee schedule for Scottsdale Community College, as attached. Changes would be effective spring semester 2006.

MOTION NO. 9345
Mrs. Rosenthal moved for approval of the Consent Agenda. Motion approved 5-0.

BOARD POLICY HOUSEKEEPING – ANNUAL REVIEW OF BOARD GOVERNANCE POLICIES – Recommendation that the Governing Board adopt the proposed changes indicated with the following policy types:
• Governance Process (Section B)
• Executive Duties and Responsibilities (Section C)
• Board Staff Relationship (Section D)
• General (Section E
• Board Auxiliary (Section F)

Dr. Glasper indicated that comments had been submitted by Governing Board Members regarding the proposed changes and at this time was proposing that they be allowed to voice their comments.

Mr. Walker commented on Section B-9, Board Members’ Code of Conduct. He moved to strike Item 6 of Section B-10 in that this item was intrusive and restricted free speech and may not be constitutional. Additionally, he indicated that he had no intention of ever adhering to it or being restricted by it and would not support it and did not expect anyone else to support it either. He stated that it was a silly rule that had no teeth.

Mrs. Rosenthal commented that she had a different take on Item 6 pertaining to the Code of Conduct and she had some different language to propose for adoption in lieu of the statement presented in the rough drafted policies. She stated that the language she proposed would read: IN CIRCURMSTANCES WHERE THE CONDUCT OF A MEMBER HAS BEEN QUESTIONED IN ACCORDANCE WITH THE BOARD’S OWN ESTABLISHED POLICIES, THE BOARD PRESIDENT MAY REQUEST THAT A REVIEW BE CONDUCTED BY THE APPROPRIATE INDIVIDUAL FOR THE PURPOSE OF ADVISING THE BOARD IF NONCOMPLIANCE WITH ITS OWN POLICIES HAS OCCURRED. AFTER RECEIPT OF THE RESULTS OF THE REVIEW, THE BOARD MAY DISCUSS THE MATTER IN A PUBLIC MEETING, AND INDIVIDUAL BOARD MEMBERS MAY VOICE THEIR OWN OPINIONS REGARDING THOSE RESULTS.

Mrs. Rosenthel stated that this would give board members the opportunity to determine if board policies had been violated by any member of the board and provide an opportunity to discuss it. Mrs. Rosenthal then motioned for approval of the recommended amendment, along with all the other proposed changes to Section B of the Board Housekeeping Review.

MOTION NO. 9346
President Campbell stated that it was his understanding that there were two motions being proposed and subject to voting. The first motion proposed by Mr. Walker requesting to strike Item 6 of Section B10 would be considered first. All in favor of removing Item 6 of Section B10 were asked to vote yes and those opposed were asked to vote no. Motion not approved 1-4 (Mr. Walker voted yes and Members Rosenthal, Contreras, Campbell, and Crowley voted no.)

MOTION NO. 9347
The second motion to modify Item 6 of Section B10 was brought forward for voting. President Campbell asked if there were any comments.

Mr. Contreras commented that rather than make the changes Mrs. Rosenthal had suggested to Item 6 of Section B10, he proposed that the Board be allowed to request that the Chancellor have an independent review conducted for the purpose of advising the Board if non-compliance had occurred. He did not agree with Mrs. Rosenthal’s recommendation that an independent review be conducted by an appropriate individual since no one person was being named but neither did he feel that the Chancellor should be charged with conducting the review. He felt it should be an independent review so that the Chancellor should not be looked to as the one conducting the review itself.

Mrs. Rosenthal asked that the Chancellor be asked to comment on how he felt about this. The Chancellor commented that he preferred this recommendation as opposed to be being asked to conduct the review himself. He indicated he would support the recommendation made by Mr. Contreras.

Mrs. Rosenthal indicated she would support the recommendation but wondered if the last sentence of the original recommendation reading “Infractions relative to behavior and conduct may be addressed as appropriate by the Board President or the Chancellor.” be stricken.

Mr. Walker commented that he continued to stress that there was no way by which forced compliance could occur and should not be discussed further and should be stricken as it was a waste of professional effort. Dr. Campbell reminded Mr. Walker that a vote was taken on his motion and this motion was not accepted. Mr. Walker stated that he had no intention of complying with this and there was no way it could be enforced, therefore it was a moot point. Dr. Campbell reminded Mr. Walker that he was one of five members of the board and whether he complied or not did not mean that the board would not continue to function.

Dr. Campbell requested any comments pertaining to Mr. Contreras recommendations. Mr. Crowley supported Mr. Contreras’ suggestion that an independent review be conducted rather than the Chancellor himself which would be an amendment to Item 6 of Section B10.

Mrs. Rosenthal requested that Mr. Contreras provide the language that he was suggesting. The proposed language was: IN CIRCURMSTANCES WHERE THE CONDUCT OF A MEMBER HAS BEEN QUESTIONED IN ACCORDANCE WITH THE BOARD’S OWN ESTABLISHED POLICIES, THE BOARD MAY REQUEST THAT THE CHANCELLOR ARRANGE FOR AN INDEPENDENT REVIEW TO BE CONDUCTED BY AN APPROPRIATE INDIVIDUAL(S) FOR THE PURPOSE OF ADVISING THE BOARD IF NONCOMPLIANCE WITH ITS OWN POLICIES HAS OCCURRED. AFTER RECEIPT OF THE RESULTS OF THE REVIEW, THE BOARD MAY DISCUSS THE MATTER IN A PUBLIC MEETING AND AS A BODY ADDRESS THE CONDUCT OF ITS MEMBER.

There being no further comments, Dr. Campbell requested that the motion to approve the wording proposed by Mr. Contreras be voted upon. The motion was approved 4-1 (Mr. Walker voted no).

(Chancellor Glasper excused himself at this point as he needed to catch a plane and Vice Chancellor Steve Helfgot assumed the Acting Chancellor position.)

Mr. Contreras then requested discussion pertaining to Section B-14, Item 5Aii in that the number 12 was being changed to 6 as the number of citizens being allowed to come forward during Citizens Interim on a particular topic. He questioned if the number 12 was in the current policy. Governance Manager Teresa Toney clarified that the original policy did indicate the number 12. Mr. Contreras expressed concern about limiting the number of speakers. Mrs. Rosenthal and Dr. Campbell reminded everyone that this was just a recommended number and exceptions could certainly be made. Mr. Contreras requested that perhaps the time limit be changed as opposed to the number of individuals coming forward. Mrs. Rosenthal requested a compromise number of 9 in order to limit the number of individuals repeating the same message in many cases. Agreement reached. Mr. Crowley voiced that he would support the number 9 since item 5Aiii allowed the Board President to waive the limitations provided for in items Ai and Aii, however he suggested that the phrase used in 5Aiii “with the consent of the members of the Board” be stricken because most of the conversation is at the discretion of the Board President and if he/she wishes it to be more, it can be done.

MOTION NO. 9348
The motion to approve the recommendation to remove the phrase “with the consent of the members of the Board” from Section B14, Item 5Aii was approved 3-1-1 (3 yes, 1 no (Rosenthal), and 1 abstention (Walker)

MOTION NO. 9349
The motion to approve changing the number of speakers allowed on one particular topic from 12 to 9 was voted upon. Motion approved 4-1 (Mr. Walker voted no).

Mr. Contreras next proposed discussion pertaining to Section C-1, Item 2 which used the word “priorities” both before and after the term Strategic Directions. Discussion determined that the word “priorities” would be removed after the term Strategic Directions.

MOTION NO. 9350
The motion to approve removing the term “priorities” after the term Strategic Directions on Section C-1, Item 2, was voted upon. Motion approved 5-0.

MOTION NO. 9351
Mrs. Rosenthal moved to approve all other recommended changes to Sections B, C, D, E, and F as proposed through the Housekeeping Review. Motion approved 4-1 (Mr. Walker voted no).

PROPOSED REVISIONS TO MARICOPA COMMUNITY COLLEGES VISION AND VALUES - Recommendation that the Governing Board adopt the proposed Vision and Value Statements for the Maricopa County Community College District.

MOTION NO. 9352
Mrs. Rosenthal commented that she was very pleased with the wordsmithing done on the Vision and Values after the first reading.

The motion to approve the proposed revisions to the Maricopa Community Colleges Vision and Values was voted upon and approved 5-0.

(VII.A.)
Budget Analysis Report Summary
Fund 1 - General Unrestricted Fund
For the Four Months Ended November 30, 2005

Expenditure analysis indicates 36.4% of the budget has been expended so far this year as compared to 35.2% expended at this same point in time last year. 27.2% of the budget remains unexpended or unencumbered compared to 28.4% in the prior year. Revenue analysis indicates that 56.1% of the budget has been recognized to date. Projected fund balance will increase by about $1.8 million during this fiscal year. 6% of budgeted expenditures are projected to be unexpended and projected ending fund balance for June 2006 is $80.4 million and equates to about 45 days of operating budget, or more than six payrolls.

NEXT BOARD MEETING
The next Governing Board Meeting will be a Regular Business Meeting
On January 10, 2005 at 5:30 p.m. at the District Office.

ADJOURNMENT
The meeting adjourned at 8:30 p.m.

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Scott Crowley
Governing Board Secretary