MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
GOVERNING BOARD
FEBRUARY 27, 2007
MINUTES

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
Linda Rosenthal, President
Don Campbell, Secretary
Colleen Clark, Member
Scott Crowley, Member
Jerry Walker, Member

ADMINISTRATION
Rufus Glasper
Maria Harper-Marinick
Debra Thompson
Earl Monsour for Darrel Huish
Steve Helfgot
Albert Crusoe
Anna Solley
Pete Kushibab
Mary Kay Kickels
Patricia Cardenas-Adame
Ken Atwater
Art DeCabooter
Ernie Lara
Gene Giovannini
Linda Thor
Velvie Green
Maria Hesse

CALL TO ORDER
The regular meeting was called to order at 6:35 p.m.

EXECUTIVE SESSION
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 United States of America led by Governing Board Member Don Campbell.

CITIZEN'S INTERIM
The following citizen came forward:

Ben Reynolds, a former student at Scottsdale Community College and previous speaker at Citizens’ Interim on October 25, 2005, came forward to voice comments pertaining to recent newspaper articles involving the situation he brought to the Board’s attention about Scottsdale Community College, specifically the Music Department under the direction of Steven Meredith and the handling of his complaint by Vice President John Neibling, both of whom were now gone. Due to the nature of remarks, President Rosenthal interrupted his remarks and stated that he would not be permitted to continue his accusatory and abusive remarks. She stated that comments by the public were supposed to be presented with courtesy and respect

BOARD MEMBER REPORTS
Mr. Crowley commented that he had the privilege of traveling to Washington D.C. with other members of the Board and students from the Public Policy Forum. He stated he was very proud of their professionalism and how they communicated issued with members of the Arizona Congressional Delegation with whom they met. He also indicated he had the opportunity to attend a League for Innovation Retreat last week wherein he was able to hear about issues and concerns from across the country. He was able to share with participants that Maricopa’s Board was in the process of looking at policy changes and he recommended that they do so as well. He indicated he had encouraged them to make sure that stewardship of dollars be their number one priority. He also shared that four out of five board members supported the Chancellor.

Dr. Campbell remarked he agreed with Mr. Crowley’s comments pertaining to the professionalism displayed by the nineteen students who represented the Maricopa Community College District in Washington D.C. All students did an outstanding job of making presentations to Congressional members and staff.

President Rosenthal commented she had the honor of attending a scholarship event at Phoenix College the previous evening where thirty scholarships totaling $10,000 were donated by the Business Department at Phoenix College. She commended faculty members commitment to this effort.

CHANCELLOR'S REPORT
Chancellor Glasper deferred his statement to later in the Agenda.

SECRETARY'S REPORT
There was no report.

FACULTY REPORT
Faculty Executive Council President Elect Reyes Medrano read a statement from the Faculty Executive Council which stated:
“Tonight the Governing Board is intending to adopt new policies without any participation by faculty. We have a meet and confer process that allows for bilateral discussion on matters pertaining to conditions of employment. With these policies that process has been circumvented.
The definition in the RFP on Meet and Confer indicates that the faculty will be involved in the development of policy where it affects conditions of our employment. That is no more or less a right that employees have any where that there is a Meet and Confer Process whether the employees are clerical, fire fighters, or members of faculty. We respectfully request that you withhold action on these policies until we can be involved in the process.”

Following his prepared statement, Dr. Medrano introduced Denny Sheehan, Phoenix College Faculty Senate President, who in turn introduced Thomas Riggs and Kay Hilder, members of the Interpreting Program staff at Phoenix College. They provided statistics as to the number of deaf citizens in the Phoenix area (5,000) and the need to train interpreters to help sign in public settings. They spoke about the different programs offered which include an interpreting certificate and an AAS Degree. They also spoke about the licensure requirement which will go into effect in 2008 and how they are working with ASU West on a 2+2 program. They brought forward three students (Tracey Quinlan, Nicole Blackford, and Deb Hughes) who currently participate in the program. These students provided commentary about their experiences.

EMPLOYEE GROUP REPORTS
There were no reports

VICE CHANCELLOR REPORTS
Vice Chancellor of Student Development and Community Affairs Steve Helfgot introduced Bernie Ronan and Alberto Olivas from the Center for Civic Participation. Mr. Ronan and Mr. Olivas spoke about the activities they have sponsored since 2006 which included:

• Arizona Issues Forums
• Civic Participation Advisory Group
• National Issues Forums’ “Public Policy Institute”
• Arizona Town Hall
• Elections Information
• Voter Education
• Student Public Policy Forum (SPPF)
• Non-partisan on candidates, balanced on issues
• State & Local Election-related Activities
• Student and Employee Activities
• Tools & Resources (Civic Tool Kit)
• Community Partnerships

Highlights from the 2006 General Election included:

1. Early Voting at Chandler-Gilbert Community College
• 1093 early voting ballots cast during the General Election
(3rd highest early voting site turnout in Maricopa County!)
2. Help America Vote College Poll Worker program
• Recruited 214 students to work at the polls, 1/3 hired by the county.
(Led by faculty coordinators at MCC, EMCC, PC, PVCC, CGCC)


3. Election Information & Voter Outreach Efforts
• "Political Activity and Public Employees" workshops in conjunction
with MCCCD Legal Counsel
• Hosted 16 poll worker training sessions
• “2006 Election Ballot Measures” presentations,
reaching 600+ students, employees, and community members.
• Upcoming deliberative forum "Where have all the voters gone?" on declining voter participation to be co-hosted with the Center for Global Tolerance & Education.

Following the above presentation, Dr. Helfgot introduced Chad Douwstra, Co-Director of the Student Public Policy Forum which includes student representatives from all ten campuses. Mr. Douwstra explained how these students are mentored in the public policy process at the state and national level and their training culminates with a trip to Washington D.C. wherein they lobby with members of Arizona’s Congressional Delegation. The six students present to speak on their experiences were: Elizabeth Arvizu, George Gregg, Jhennicea Morrow, Filiz Dolar, Deziree Gaucin, and Christopher McGovern. All students spoke about their experiences to the nation’s capitol as members of the SPPF Group.

COLLEGE REPORTS
GWC President Dr. Gene Giovannini acknowledged two GateWay faculty members: Marie Fenske, Respiratory Therapy, who was named Educator of the Year by the Arizona Society for Respirator Care; and Amanda Patrie who was named one of the ten finalists for Arizona Teacher of the Year, the first ever from a Charter School.

GCC President Dr. Velvie Green called attention to the National Award for Excellence in Career and Technical Education won by GCC Faculty Member Mike Gillispie. Mr. Gillispie garnered this award for his contribution in teaching students about rural and urban agriculture. Mr. Gillispie has designed many landscape projects for the GCC Main Campus which have been carried out by his students.

EMC Acting President Ernie Lara introduced Dr. Maria Reyes, Director of Grants and Corporate Development at Estrella Mountain Community College. Dr. Reyes provided an overview of this year’s New Car Raffle Scholarship Program. She reported that to date over 300 scholarships have been awarded, college endowment is currently over $700,000 and Title V matching funds have provided more than $250,000 over a five year period. Last year this project awarded $45,000 in scholarships to 55 students. Sponsors of this program include the West Valley Auto Alliance, Estrella Rotary Foundation, Salt River Project, M&I Bank, and West Valley View. This year’s vehicles include a Dodge Charger, a Chevrolet Avalanche, a Mustang Convertible, and a GMC Sierra/Pontiac G5.

STUDENT LIFE REPORT
Members of the GCC’s Associated Student Government were present to report on activities they have sponsored. Members present were: Goerge Repta, President; Albulena Shemsedini, Vice President; John Macy, Treasurer; Tera Southwick, Public Relations; Caitlin MacFarlane, Secretary; and Isaac Torres, Treasurer’s Aide.

STRATEGIC CONVERSATION FOLLOW-UP REPORT
Dean Stover, Faculty Member from GateWay Community College, provided a summary of the strategic conversation held February 6 pertaining to Effective Teaching Practices. A copy of his summary report is included with these minutes.

ACCA/AADGB REPORT
Mrs. Rosenthal indicated that these organizations met on February 22 at Estrella Mountain Community College. She noted AADGB will have a Fall Conference in Tucson on October 26 & 27. At ACCA’s session, Prop 300 implementation and legislative issues were discussed.

LEGISLATIVE REPORT
Matt Ortega, Director of Government Relations, commented that today was day 51 of the 2007 legislative session which not even close to being half over. The deadline for bills has been reached and bills are passing from one chamber to another. The budget was adopted February 19 after a three week wait mainly due to Prop 300 issues. They will not accept any student to self declare residency status and they must comply with Prop 300. The legislature is still talking about funding cuts for dual enrollment and there is still discussion on credit/non-credit issues. State Board Oversight is still much being talked about.

AWARDS AND RECOGNITIONS
There were no awards or recognitions announced.

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

MOTION NO. 9400
Scott Crowley moved that the Governing Board agenda be approved. Motion approved 5-0.

CONSIDERATION OF CONSENT AGENDA
President Rosenthal requested a motion to approve the Consent Agenda.

The following items included on the Consent Agenda:

A.1. APPROVAL OF MINUTES – Approve the minutes of the January 23, 2007 Regular Governing Board Meeting, February 1, 2007 Special Governing Board Meeting And February 6, 2007 Strategic Conversation

C.1. CONSIDERATION OF EMPLOYMENTS, RESIGNATIONS, RETIREMENTS AND TERMINATIONS – Approve the proposed employments, resignations, retirements and terminations as submitted with noted addendum.

D.1. APPROVAL OF PROPOSED CURRICULUM AND PROGRAMS - Approve the proposed curriculum and programs as submitted.

D.2. APPROVAL OF 2006-2007 INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE/SOUTHWEST SKILL CENTER AND AGUA FRIA UNION HIGH SCHOOL DISTRICT NO. 216 – Approve an Intergovernmental Agreement between the Maricopa Community College District and Agua Fria Union High School District No. 216 to partner in offering a Nursing Assistant Program during the 06-07 academic year at the SouthWest Skill Center.

D.3. APPROVAL OF PROPOSITION 301 WORKFORCE DEVELOPMENT AND JOB TRAINING PLAN FOR FY 07-08 – Approve the Proposition 301 Workforce Development and Job Training Plan. The plan has been developed in accordance with the requirements of the amended Arizona Revised Statutes, Section 15-1472. In accordance with the amended statute, a plan for spending funds must be submitted annually for information to the Arizona Department of Commerce.

E.1. APPROVAL OF LEASE OF CLASSROOM AND OFFICE SPACE AT 1025 NORTH COUNTRY CLUB DRIVE IN MESA – Approve the lease of classroom and office space at 1025 N. Country Club Drive from the Mesa Unified School District No. 4 through December 31, 2011 for a base rent of $452,485.80 (or $13.92 per square foot) plus the cost of utilities and janitorial services.

E.2. APPROVAL OF PROJECT INITIATION FOR REMODELNG OF 2419 WEST 14TH STREET FOR DISTRICT OFFICE - Approve proceeding with the remodeling of approximately 42,300 sf (sq. ft) of space in the newly acquired building adjacent to the District Office at 2419 W. 14th Street in Tempe, with a Total Project Budget of $1.8 million.

E.3. APPROVAL OF CONSTRUCTION MANAGER AT RISK SELECSTION FOR NEW FINE ARTS BUILDING AND MAINTENANCE COMPLEX AT PHOENIX COLLEGE - Approve the selection of D.L. Withers Construction to provide Construction Manager at Risk (CMAR) services for the construction of the new Fine Arts and Maintenance and Operations buildings at Phoenix College. The pre-construction phase fee is $108,546.00, including reimbursables.

E.4. APPROVAL OF REIMBURSEMENT TO CITY OF AVONDALE FOR NEW PARKING LOT & LANDSCAPING AT ESTRELLA MOUNTAIN COMMUNITY COLLEGE - Approve entering into an agreement with the City of Avondale to allow reimbursement for the construction of a new parking lot and landscaping at Estrella Mountain Community College, in the amount of not to exceed $850,000.

E.5. APPROVAL OF CONTRACT AWARD FOR LANDSCAPING AT CENTER FOR PERFORMING ARTS AT PARADISE VALLEY COMMUNITY COLLEGE - Approve awarding a contract in the amount of One Hundred Twenty-Four Thousand Four Hundred Ninety and no/100ths Dollars ($124,490.00) to green Landscaping & Irrigation, Inc. for landscaping additions at the new Center for Performing Arts at Paradise Valley Community College.

E.6. APPROVAL OF CONTRACT AWARD FOR NEW SOUTHWEST TESTING CENTER AT RIO SALADO COLLEGE - Approve awarding a Design-Build contract to Modular Technologies for the new Southwest Testing Center at Rio Salado College. The estimated GMP (guaranteed maximum price) for this design-build contract is $2,475,000.

E.7. APPROVAL OF CONSULTANT SELECTION FOR NEW LIFE SCIENCES BUILDING AT PARADISE VALLEY COMMUNITY COLLEGE - Approve the selection of Marlene Imirzian & Associates to provide consulting services for the new Life Sciences Building at Paradise Valley Community College, with a design fee budget of $950,000.

E.8. APPROVAL OF CONCEPTUAL APPROVAL FOR NEW CLASSROOM BUILDING AT CHANDLER GILBERT COMMUNITY COLLEGE- Provide conceptual approval for a New Classroom Building at Chandler-Gilbert Community College with a Total Project Budget of $15,708,000.

MOTION NO. 9401
Dr. Campbell moved for approval of the Consent Agenda. Motion approved 5-0.

B.1. CONSIDERATION OF RECOMMENDATION FOR DISMISSAL OF GWCC FACULTY MEMBER - Issue a final decision to dismiss Denise Menchaca from her employment with the Maricopa County Community College District. Dr. Menchaca’s last day of employment would be February 28, 2007.

MOTION NO. 9402
Mr. Crowley moved that the Governing Board having considered the evidence in this matter, render a decision that Dr. Denise Menchaca’s employment with the Maricopa County Community College District be terminated as recommended by the Chancellor effective February 28, 2007. Motion approved 5-0.

B.2. REAFFIRMATION OF MARICOPA COMMUNITY COLLEGES GUIDING PRINCIPLES AND ADOPTION OF NEW POLICY ON MANDATORY PULBLIC STEWARDSHIP TRAINING – Reaffirm its Guiding Principles and consider the adoption of a new policy on Mandatory Public Stewardship training of all employees.

Chancellor Glasper made the following statement prior to this policy being considered and voted on by the Governing Board:

Statement by Dr. Rufus Glasper, Chancellor of the Maricopa Community Colleges

Since last week when my recommendations and the panel’s report were presented, and in anticipation of the Board’s positive response, I have been carefully considering procedures for implementing many of the recommendations. In fact, I already have recommended several that go further than those called for in the report. For example, I and all of the members of the Executive Council, which include the District’s Vice Chancellors and College Presidents will be among the first to take the new-mandatory Public Stewardship and Ethics Training. I also requested that Board members attend the first training.

In the near future, I will be announcing that I will be forming a community based panel to examine the overall organization of the Maricopa Community Colleges and advise me on possible changes. It is clear that greater operational efficiencies can be achieved through more standardization and centralization of our administrative and operational functions. The panel will be charged with looking at our organization and making recommendations to me on possible areas of improvement.

“Because I am committed to leading by example, today, I am sharing actions that are both personal and professional in nature. And I hope in doing so, I am setting an example of the need for transparency in the way we conduct business in this district.

“My recommendations to the Board include mandatory, annual acknowledgement by all employees that they have disclosed information about relatives employed by the district. The recommendations also endorse changes to the existing Hiring of Relatives Policy to re-affirm the requirement that employees not be permitted to be employed where a relative is in the line of supervisory authority.

“After studying this recommendation, I am taking two actions—even before the policy has been adopted--that, I hope will serve as examples for our employees:

“I am publicly acknowledging that my wife and my daughter are currently employed by the District and I am filing a statement with our Vice Chancellor for Human Resources disclosing their employment.

“I am also filing a statement with our Vice Chancellor for Human Resources formally recusing myself from any future personnel actions involving either of them, as remote as that possibility may be. I should note that both my wife and my daughter were hired without my participation in any way. Both are supervised by others in the District and have no direct reporting responsibilities to my office, nor any direct relationship to my duties as Chancellor.

“I am making this announcement publicly, because I believe in the changes we are making in this district. And I think that we need to immediately start implementing the Blue Ribbon Panel’s recommendations.

“I have said before and now repeat, we are asking to be judged by our actions, not our words. As we continue to move forward to strengthen our ethics, internal controls, and accountability policies in the District, I am asking each employee to undertake a similar personal responsibility review. Ask yourself these questions in each and every thing you do:

• Are there any ethical implications of my behavior?
• Does this activity contribute to the effort to restore public confidence in the Maricopa Community Colleges system?
• Is this an appropriate exercise of public stewardship?

If there is any doubt, I am asking you to disclose the question to your supervisor so he/she can help you work through the issues involved.

“I believe if each of us thinks in this way, as an integral part of our daily responsibilities, we will successfully “walk the talk” that we have been having for the last few weeks. Doing so will restore confidence in what I believe is the finest community college system in the nation.”

MOTION NO. 9403
Mr. Crowley moved for approval of the Item V.B.2. Motion approved 5-0.

B.3. APPROVAL OF AMENDMENT TO SECTION 1.9.1 OF THE PROCUREMENT OF GOODS AND SERVICES ADMINISTRATIVE REGULATION– Adopt the amendment to the existing regulation on Procurement of Goods and Services

MOTION NO. 9404
Dr. Campbell moved for approval of the Item V.B.3. Motion approved 5-0.

B.4. CONSIDERATION OF AND ADOPTION OF REVISED HIRING OF RELATIVES POLICY – Adopt the proposed changes to the Hiring of Relatives policy.

MOTION NO. 9405
Mr. Crowley moved for approval of the Item V.B.4 with recommended correction of one word (be). Motion approved 5-0.

B.5. CONSIDERATION AND ADOPTION OF REVISED SPECIAL SERVICES EMPLOYMENTS POLICY AND SUPPLEMENTAL FORM – Adopt the revised policy on Special Services Employments.

MOTION NO. 9406
Mr. Crowley moved for approval of the Item V.B.5 with minor correction. Motion approved (5-0).

B.6. CONSIDERATION AND ADOPTION OF EMPLOYMENT STANDARDS POLICY – Adopt the proposed new policy on Employment Standards.

MOTION NO. 9407
Mr. Crowley moved for approval of the Item V.B.6. Motion approved 5-0

B.7. CONSIDERATION AND ADOPTION OF ENROLLMENT IRREGULARITIES REGULATION – Adopt the proposed regulation on Enrollment Irregularities.

MOTION NO. 9408
Dr. Campbell moved for approval of the Item V.B.7. Motion approved 5-0.

B.8. CONSIDERATION AND ADOPTION OF REVISED WHISTLEBLOWER PROTECTION POLICY – Adopt the revised policy on Whistleblower Protection and Ombudsperson Services.

MOTION NO. 9409
Mr. Crowley moved for approval of the Item V.B.8. Motion approved 5-0.

B.9. CONSIDERATION AND ADOPTION OF POLICY ON INTERNAL CONTROL – Adopt this newly proposed policy at its February 27, 2007 meeting.

MOTION NO. 9410
Mr. Crowley moved for approval of the Item V.B.9 with minor correction. Motion approved 5-0.

B.10. CONSIDERATION AND ADOPTION OF REVISED INTERNAL AUDIT REGULATION AND APPENDIX ITEMS – Adopt the revised regulation on Internal Audit as well as amendments to Appendix Items (Existing Internal Audit Charter, including a new Intake Form).

MOTION NO. 9411
Dr. Campbell moved for approval of the Item V.B.10. Motion approved 5-0.

B.11. CONSIDERATION AND ADOPTION OF CASH HANDLING REGULATION – Adopt the proposed new regulation on Cash Handling.

MOTION NO. 9412
Mr. Crowley moved for approval of the Item V.B.11 with minor correction. Motion approved 5-0.

B.12. CONSIDERATION AND ADOPTION OF REVISED TRAVEL REGULATION – Adopt the revised regulation on Travel.

MOTION NO. 9413
Mr. Crowley moved for approval of the Item V.B.12. Motion approved 5-0.

B.13. CONSIDERATION AND ADOPTION OF INTERNATIONAL TRAVEL POLICY – Adopt the proposed new International Travel Policy.

MOTION NO. 9414
Mr. Crowley moved for approval of the Item V.B.13. Motion approved 5-0.

B.14. CONSIDERATION AND ADOPTION OF REVISED USE OF COLLEGE FACILITIES REGULATION – Adopt the revised Use of College Facilities regulation and Rental Rate Guidelines and Appendix.

MOTION NO. 9415
Dr. Campbell moved for approval of the Item V.B.14. Motion approved 5-0.

B.15. CONSIDERATION AND ADOPTION OF MARICOPA INTEGRATED RISK ASSESSMENT (MIRA) REGULATION) – Adopt the proposed new administrative regulation for the Maricopa Integrated Risk Assessment project.

MOTION NO. 9416
Mr. Crowley moved for approval of the Item V.B.15. Motion approved 5-0.

INFORMATION/FIRST READING ITEMS

(VI.1.)
PROPOSED TUITION & FEES FISCAL YEAR 2007-08 BUDGET

Gaye Murphy provided a powerpoint presentation summarizing recommendations on budget priorities and tuition and fees have been developed through the District’s budget development process. Attached is the proposed Fiscal Year 2007-2008 Tuition and Fees schedule, submitted for Governing Board review. The schedule will be submitted for Governing Board action on March 27, 2007.

(VI.2.)
MARICOPA GOVERNANCE POLICIES – POLICY TITLE: BACKGROUND CHECKS

Adopt a new policy titled: Background Checks for placement in the Board Auxiliary policy section as well as in the All Employee Group Policy Manual. The proposed language is attached. The intent of the proposed language is to establish a more formalized and standard background checking process. The process would be administered by utilizing the services of a third party provider. It is estimated that approximately $50,000 would be needed to fund background checks on all new hires and transfers into sensitive areas.

VI.A.
Budget Analysis Report Summary
Fund 1 - General Unrestricted Fund
For the Sixth Month Ended December 31, 2006

Expenditure analysis indicates 50.9% of the budget has been expended this year as compared to 51.2% expended at this same point in time last year. 22.2% of the budget remained unexpended or unencumbered compared to 22.5% in the prior year. Revenue analysis indicates that $357.6M of the budget has been recognized. The projected fund balance will increase by $0.7 million this fiscal year and the projected ending fund balance for June 2007 is $80.2M.

NEXT BOARD MEETING
President Rosenthal announced that the next Governing Board Meeting
would be a citizens’ forum scheduled for March 20 from 6-8 p.m. at
Mesa Community College (Note: this forum was subsequently moved to
Chandler-Gilbert Community College) and a regular meeting scheduled
for March 27 at 6:30 p.m. at the District Office.

ADJOURNMENT
The meeting adjourned at 8:39 p.m.

———————————
Dr. Donald R. Campbell
Governing Board Secretary