In accordance with the terms and provisions of the Texas Open Meetings Act, Chapter 551 of the Government Code, the Board of Trustees of the Austin Community College District convened in public session at 6:00 p.m. in the Board Room (Room 201) of the District Administrative Offices located at 5930 Middle Fiskville Road, Austin, Texas 78752, with the following members present: Carol Nasworthy, Chair/Presiding Officer; Lillian J. Davis, Secretary; Hunter Ellinger; Sharon Knotts Green; Allen Kaplan; Della May Moore (arrived at 6:05 p.m.); and John Worley. Absent was Beverly Watts Davis, Vice Chair.

It is further found and determined that in accordance with the policies and orders of this Board, the notice of this meeting has been posted and return thereof made pursuant to the terms and provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, and there has been full compliance with the terms and provisions of said act, including the timely posting of the subjects of this meeting.

Recognitions

• Dr. Nasworthy reported that there were no new employees to be recognized.
• Dr. Nasworthy stated that there was a special recognition to be made. The Board of Trustees then presented a plaque to Mack Ray Hernandez in appreciation and recognition of his service as a member, Vice Chair, and Chair of the Austin Community College Board of Trustees during his nine years of service and leadership, 1988-1997. Through many challenges, he provided everyone the chance to be heard when decisions are made at Austin Community College. Mr. Hernandez expressed appreciation to the Board and everyone associated with the College for having had the opportunity to work for and with the College, and with fellow Board members.
• The Board of Trustees recognized Austin Community College student winners in the American Mathematical Association of Two Year Colleges and faculty member, Mr. Mike Dellons. He stated that there were 117 colleges which participated in the three-part mathematics contest . The following ACC students, sponsored by faculty members Mike Dellens, Clarence McGruff, and Paul Wright, were winners this academic year and received an award certificate:

Khalili ali Salami was the overall winner.

* Received gift certificates from ACC Bookstore sponsored by Student Activities Department.

The continued high performance of students was recognized, and instructors were applauded by the Board for their teaching excellence.

• The Board recognized Rebecca Salas winner of the 4^th annual Edwina Fredlund Traverso Memorial Scholarship Award. Maxine Montgomery, interim vice president, Northridge Campus, presented the award to Ms. Salas.
  

Citizens' Communications

Dr. Nasworthy stated that one individual was registered to address the Board and called attention to a letter she received last week requesting additional time for Evergreen Golf Alliance Ltd. to present information to the Board regarding the Riverside Golf Course. Information from Small, Craig, and Werkenthin, legal counsel for Evergreen Golf Alliance, Ltr., was distributed to Board members concerning the Riverside Golf Course and Austin Community College's Request for Proposal. ACC Legal Counsel, Myra McDaniel, advised that the information distributed appears to concern the Request for Proposal.

Hunter Ellinger moved and John Worley seconded that:

MOTION: The Board of Trustees maintain the normal citizens' communication limitation of three minutes.

VOTE The motion carried with a vote of 4-2.

For: Allen Kaplan, John Worley, Hunter Ellinger, and Sharon Knotts Green

Against: Della May Moore and Lillian Davis

Beverly Watts Davis was absent for the vote.

Several Board members and President Fonte suggested that this be included as an item for discussion and dialogue at the May 22 Committee of the Whole meeting for feedback under the context of budget/policy issues.

Ed Small, attorney, Small, Craig, and Werkenthin, indicated that they look forward to presenting the information at the May 22 Committee of the Whole meeting. Dr. Nasworthy encouraged working with President Fonte and the administration regarding the issues and concerns.

Reports from Employee Associations

• Cary Sowell, president, Full-Time Faculty Senate, stated the Full-Time Faculty Senate met this week and reaffirmed their desire to be known as "full-time faculty" as opposed to "regular faculty".
• George Finan, president, Adjunct Faculty Association, stated that the Association elected officers for 1997-1998 this week. They are: Kathryn Reece-Taylor, president; Amalie Bartalino, president-elect; and Robin Gallager-Branch, secretary.
• Rod Fluker, president, Professional/Technical Employees Association, expressed appreciation to the Board for inviting employee associations to attend the retreat. He also stated his appreciation to Dr. Fonte for considering the salary requests of employee groups, the maximum of six additional steps-including last year's--for past work experience.
• There was no report from the Classified Employees Association.
  

Dr. Fonte acknowledged appreciation expressed by the employee groups for having the opportunity to attend the retreat to express interest and present information regarding the issues. He said this is a good example of the College's open, decision-making process. He indicated that he will take into consideration all comments as the FY98 budget is developed.

Agenda Item 6791 Consideration of Approval of Purchasing 12

Pentium Computers for the Autocad Training Center, Northridge Campus

Dr. Nasworthy introduced the item.

Della May Moore moved and Allen Kaplan seconded that:

MOTION: The Board of Trustees approve the purchasing action and award the following item as recommended:

12 Pentium Computers for $27,468 from Dell Computer Corporation.

VOTE: The motion passed by a vote of 5-0-1.

For: Allen Kaplan, John Worley, Della May Moore, Hunter Ellinger, and Sharon Knotts Green.

Against:

Abstaining: Lillian Davis

Beverly Watts Davis was absent for the vote.

Agenda Item 6792 Consideration of Approval of Lab Fees

Dr. Nasworthy introduced the item.

Hunter Ellinger moved and Della May Moore seconded that:

MOTION: The Board of Trustees approve the lab fee changes, as presented, for the upcoming 1997-98 academic year.

VOTE: The motion passed by unanimous vote. Beverly Watts Davis was absent for the vote.

Agenda Item 6793 Consideration of Approval of Austin Community

College Warehouse Facility Lease Renewal

Dr. Nasworthy introduced the item.

Allen Kaplan moved and Hunter Ellinger seconded that:

MOTION: the Board of Trustees authorize Administration to negotiate and execute one (1) three-year to five-year extension of the Lease - terms similar to current Lease.

Della May Moore inquired regarding the fee levied in 1992 in the amount of $7,400 per month and asked if there was a subsequent Request for Proposal or search for additional space. Daniel Perez, Associate Vice President for Facilities and Operations, responded to Mrs. Moore and noted that the lease is $4.77 per square foot per year for the lease, but a five-year lease may allow better negotiation.

VOTE: The motion passed by unanimous vote. Beverly Watts Davis was absent for vote.

Agenda Item 6794 Consideration of Selection and Approval of Place 7

Candidate to Austin Community College Board of Trustees

Dr. Nasworthy introduced the item and called for nominations.

Della May Moore nominated Rafael Quintanilla for the Place 7 Seat on the Board of Trustees.

John Worley nominated Diana Soliz for the Place 7 Seat on the Board of Trustees.

Dr. Nasworthy called for any additional nominations. There were none, and the nominations were declared closed by Dr. Nasworthy.

Vote for Rafael Quintanilla: Lillian Davis, Hunter Ellinger, Sharon Knotts Green, Allen Kaplan, and Della May Moore.

Vote for Diana Soliz: John Worley

Beverly Watts Davis was absent for the vote.

Rafael Quintanilla was declared appointed to the Place 7 Seat on the Austin Community College Board of Trustees on a vote of 5-1.

It was moved by John Worley and seconded by Della May Moore that:

MOTION: The Board of Trustees make the selection of Rafael Quintanilla unanimous to serve approximately one year until the next regularly scheduled Austin Community College election in May 1998.

VOTE: The motion passed on a unanimous vote. Beverly Watts Davis was absent for the vote.

Board members expressed appreciation to all candidates for their time and dedication to the process. The candidates were encouraged to continue their interest in Austin Community College through service on advisory committees and to become candidates in the May 1998 election.

Dr. Nasworthy stated Mr. Quintanilla will be sworn in at the May 22 meeting of the Committee of the Whole and a welcome reception will be held prior to the meeting.

Agenda item 6795 Consideration of Approval of Board Policy on Fund

Balance

Dr. Nasworthy introduced the item and Dr. Fonte indicated that a policy on fund balance was discussed at the Board of Trustees Retreat held on April 18-19, 1997. He indicated that this recommendation reflects a consensus of where the College should be. Jerry Miller, Associate Vice President for Business Services, discussed the item and detailed the proposed action.

It was moved by Hunter Ellinger and seconded by Allen Kaplan that:

MOTION: the Board of Trustees amend POLICY II-7 to read:

"Austin Community College shall seek to achieve on August 31 of each year, a fund balance, including retirement of indebtedness, equal to an amount not less than 15% and not greater than 25% of the unrestricted current fund expenditures plus mandatory transfers. If the Unrestricted Fund Balance is outside this percentage range, the President will present a corrective plan to the Board of Trustees."

It was moved by Lillian Davis and seconded by Della May Moore that:

AMENDMENT TO MOTION: the Board of Trustees amend the range of the proposed amendment to read:

"Austin Community College shall seek to achieve on August 31 of each year, a Fund balance, including Retirement of indebtedness, equal to an amount not less than 20% (15%)and not greater than 30% (25%) of the unrestricted current fund expenditures plus mandatory transfers. If the Unrestricted Fund Balance is outside this percentage range, the President will present a corrective plan to the Board of Trustees."

VOTE ON AMENDMENT TO MOTION: The motion failed on a vote of 3-3.

For: Lillian Davis, Della May Moore, and Sharon Knotts Green

Against: Hunter Ellinger, Allen Kaplan, and John Worley

Beverly Watts Davis was absent for the vote.

VOTE ON ORIGINAL MOTION: The motion passed on a vote of 5-2:

For: Hunter Ellinger, Sharon Knotts Green, Allen Kaplan, Carol Nasworthy, and John Worley

Against: Lillian Davis and Della May Moore

Dr. Fonte stated that discussion will occur at the May 22 meeting of the Committee of the Whole regarding input on a series of issues that College administration considers to be fundamental building blocks to give direction to staff in preparing the budget. He indicated that the FY 98 budget will possibly be presented at the June meeting of the Committee of the Whole. Board members will be provided with the documents and elements prior to the meeting.

Agenda Item 6796 Consideration of Approval of a Proposed Policy on Due Process Requirements for Employment Termination (VIII-25), Replacing Related Current Board Policies

Dr. Nasworthy introduced the item and Dr. Fonte discussed the proposed policy and recommended adoption as presented.

It was moved by Hunter Ellinger and seconded by Della May Moore that:

MOTION: the Board of Trustees adopt the proposed policy on Due Process Requirements for Termination of Employment, replacing the existing policies VIII-26 and VIII-27, as presented and with correction of a typographical error in section 3., a., to read "at any (the) time during the initial probationary period in a new position; no deficiency notice is required in that case."

Friendly Amendment to the Motion for clarity: Trustee John Worley suggested changing section 3., a., for clarity, to read: "at will during the initial probationary period in a new job in which case no deficiency notice is required . . .".

Hunter Ellinger stated he could not accept Mr. Worley's friendly amendment at this time pending possible change(s) to section 3.

Myra McDaniel, College, Legal Counsel, discussed use of the term "at will".

Board members discussed additional proposed changes to the policy suggested by Mr. Worley (Attachment A), including Sections 3., b., and 3., d.

AMENDMENT TO MOTION: It was moved by Dr. Worley and seconded by Ms. Moore that Section 3., d., be deleted.

Allen Kaplan requested, and Board members concurred, that this item be removed from the agenda and tabled until the June Board meeting to allow additional review by the administration and Board members.

Agenda item 6797 Consideration of Approval of a New Integrated

Administrative System

Dr. Nasworthy introduced the item and Dr. Fonte stated systems operational in Texas colleges were reviewed by three College teams composed of 40 staff. He indicated that this item recommends approval of software and hardware (RS6000 hardware, an Austin-based product of the IBM Corporation). Datatel, an operating system in Texas and rated most highly by the ACC Evaluation Teams for financial, human resources, and student records, is recommended. Lou Herman, Associate Vice President for Information Services, provided information and responded to questions from Board members regarding provision of needed backup services, training for staff, revenue sources, and information regarding the company. Mr. Herman indicated that the $457,000 per year for five years includes maintenance and stated that the company is located in Virginia and serves approximately 400 colleges and universities. Information was requested regarding the total anticipated cost for training of staff.

Hunter Ellinger moved and John Worley seconded that:

MOTION: the Board of Trustees approve the lease-purchase of a new integrated Administrative System, including a financial system, student information system, and human resources system. This includes a new server platform.

VOTE: The motion passed on a vote of 5-0-2.

For: Hunter Ellinger, Sharon Knotts Green, Allen Kaplan, Carol Nasworthy, and John Worley

Against:

Abstaining: Lillian Davis and Della May Moore

Beverly Watts Davis was absent for the vote.

Information/Reports to the Board

• Dr. Nasworthy called attention to the Personnel Actions for April 1997, agenda pages 36-37.
• Larry Bassett, Director of Internal Audit, responded to questions regarding the Board Follow-Up Report 9701, agenda pages 38-41.
  

President's Report

Dr. Nasworthy called upon Dr. Fonte to present the President's Report. He reported that the single-college reorganization was announced at a May 1 meeting with faculty and staff. Implementation is forthcoming. He indicated that the Provost structure transition will occur in mid-July, and faculty positions, etc., will occur at the beginning of the Fall term. Dr. Fonte stated that this was a reorganization based upon principles.

Future Report-

• Presentation regarding administration of the ACC Riverside Golf Course
  

Executive Session

The Board of Trustees recessed into Executive Session at 8:30 p.m. to consult with legal counsel regarding pending or contemplated litigation and contracts pursuant to Texas Government Code Section 551.071, regarding the purchase, exchange, lease or value of real property pursuant to Texas Government Code 551.072.

Adjournment

Having no motion before the Board, the May 5, 1997, regular meeting of the Austin Community College Board of Trustees was adjourned at 9:15 p.m.

Approved By

Dr. Carol Nasworthy, Board Chair

Dr. Lillian J. Davis, Board Secretary

Comments, suggestions? Posted July 7, 1997.