In accordance with the terms and provisions of the Texas Open
Meetings Act, Chapter 551 of the Texas Government Code, the Board
of Trustees of the Austin Community College District convened
in public session on Monday, June 2, 1997, 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; Beverly
Watts Davis, Vice Chair; Lillian J. Davis, Secretary (arrived
at 6:30 p.m.); Hunter Ellinger; Sharon Knotts Green; Allen Kaplan;
Della May Moore (arrived at 6:05 p.m.); Rafael Quintanilla; and
John Worley.
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.
Citizens' Communications
No one registered to address the Board of Trustees.
Recognitions
Joyce Guillory, Associate Vice President for Human Resources,
introduced Stacyetta Wooten, new Employment/EEO Specialist, Human
Resources, at the District Administration Office.
Ken Stewart, President, Alpha Gamma Pi Chapter, Phi Theta Kappa,
recognized officers Frank Boudreaux and Katherine Smith, Northridge
Campus, and John Duprey, Riverside Campus; and advisors, Mary
Kohls and Walter Cooper. Mr. Stewart distributed the annual report
and presented highlights of the past year, including community
service contributions. He called attention to the display of awards
received from local, state, national, and international competition.
Dr. Nasworthy expressed appreciation for the work of the organization
and extended congratulations for the awards received.
Reports from Employee Associations
Consent Items
Dr. Nasworthy introduced the following consent items:
6806 Consideration of Approval of Minutes (April 7, 1997; April 18-19, 1997; and April 21, 1997)
This item recommends that the Board of Trustees approve minutes of the above-listed meetings.
6807 Consideration of 1995 Bond Proceeds Expenditure Plan ($3.9 million)
This item recommends that the Board of Trustees approve the proposed plan for expenditure of the remaining $3,900,000 from the 1995 Revenue Bond Issue (Attachment B).
6808 Consideration of Three-Year Facilities Improvement Master Plan
This item recommends that the Board of Trustees adopt a Three-Year
Facility Improvement Master Plan. This is a living document, subject
to revision to meet administrative and academic needs. At a minimum,
it should be reviewed on a semi-annual basis (Attachment C).
6809 Consideration of Approval of the Memorandum of Understanding Between Austin Community College and the ACC Foundation
This item recommends that the Board of Trustees approve the Memorandum
of Understanding as presented (Attachment D).
6810 Consideration of Approval of Amendments to Board Policies V-74, Faculty Workloads; VIII-71, Faculty Placement/Advancement, and VIII-72, Full-Time Faculty Appointments
This item recommends that the Board of Trustees adopt an amendment to the
Board policies adopted on April 21, 1997, on "Full-Time Faculty Appointments", "Faculty Placement/Advancement" and "Faculty Workloads" under which:
The new Section A: " Meaning of Terms" in the Faculty Workloads policy would read as follows:
In this and all other Board policies, the term "faculty" does not refer to adjunct faculty or faculty paid hourly unless specifically indicated.
It was moved by Beverly Watts Davis and seconded by Hunter Ellinger
that:
MOTION: the Board of Trustees approve Consent Items 6806, 6807,
6808, 6809, and 6810, as presented.
The Board discussed Item 6809, Consideration of Approval of the
Memorandum of Understanding Between Austin Community College and
the ACC Foundation.
It was moved by Della May Moore and seconded by John Worley that:
AMENDMENT TO MOTION: the Board of Trustees amend section 3 of the Memorandum of Understanding Between Austin Community College and the ACC Foundation, Agenda Item 6809, to add "(10) will produce and distribute to Austin Community College a copy of the guidelines by which reimbursement from the Foundation is provided."
VOTE ON AMENDMENT TO MOTION: The motion passed by unanimous vote, with the Chair not voting.
Lillian Davis was absent for the vote.
VOTE ON ORIGINAL MOTION: The motion, as amended, passed on a unanimous vote, with the Chair not voting.
Trustee Lillian Davis was absent for the vote.
Items for Discussion/Possible Action
6811 Consideration of Approval of Board Policy, IV-1, Facilities
Improvements and Maintenance
Dr. Nasworthy introduced the item.
It was moved by Beverly Watts Davis and seconded by Hunter Ellinger
that:
MOTION: the Board of Trustees adopt a Facilities Improvement
and Maintenance Policy: Austin Community College shall transfer
revenues each annual budget to the plant fund sufficient to meet
all bond debt payments, maintain the debt payment reserve levels
required by the bond agreements, and meet the year's installment
of the current multi-year master plan on facilities improvements
and maintenance. The building fee charged by the College per credit
hour shall be budgeted at the level which, together with any tuition
transfers specified by bond agreements, is sufficient to generate
these revenues.
College President, Richard Fonte, discussed the proposed policy
with Board members and recommended the following modified wording
of Board Policy IV-1, Facilities Improvement and Maintenance:
Each annual budget shall make transfers to Plant Funds sufficient
to meet all bond debt payments, maintain the debt payment reserve
levels required by the bond agreements, and meet the year's installment
of the current multi-year master plan for facilities improvements
and maintenance. The building fee charged by the College per credit
hour shall be budgeted at the level which, together with any other
funding sources dedicated to these uses, is sufficient to generate
the needed funds.
The modification was accepted by maker of the motion, Beverly Watts Davis, and Hunter Ellinger, who seconded Ms. Davis' motion. The motion, as modified, became the current motion on the floor.
VOTE: The motion passed by unanimous vote. The Chair did not vote.
Lillian Davis was absent for the vote.
6812 Capital Equipment Projects Policy
and Expenditure Plan
Dr. Nasworthy introduced the item. Dr. Fonte suggested modification
of the language in the recommendation.
It was moved by Beverly Watts Davis and seconded by Hunter Ellinger
that:
MOTION: the Board of Trustees adopt the modified Capital Equipment
Projects Policy:
Each annual budget shall transfer not less than 4% or more
than 6% of projected annual revenues to a fund from which E&G-fund
capital expenditures are made. The full amount budgeted each year
shall be based on the projected multi-year average budget for
capital expenditures.
FRIENDLY AMENDMENT: Trustee John Worley asked that the term
"E&G-fund" be clarified to read "Education
and General-fund". The friendly amendment was accepted by
the maker, Vice Chair Beverly Watts Davis, and Hunter Ellinger,
who seconded Ms. Davis' motion.
VOTE: The motion, with the friendly amendment, passed by unanimous vote. The Chair did not vote.
Lillian Davis was absent for the vote.
6813 Consideration of Approval of
Proposed Board Policy I-39, Austin Community College Foundation
Dr. Nasworthy introduced the item.
Della May Moore moved and Allen Kaplan seconded that:
MOTION: The Board of Trustees approve the proposed policy as presented (Attachment E).
FRIENDLY AMENDMENT: Della May Moore proposed that the following
be added at the end of section 3: "as per the guidelines
established by the Foundation. The amendment was accepted by Trustee
Allen Kaplan, who seconded Ms. Moore's motion.
VOTE: The motion was passed by unanimous vote, with the Chair not voting.
Lillian Davis was absent for the vote.
Della May Moore responded publicly to an invitation from Earl Maxwell, Chair of the Austin Community College Foundation, and recommended two individuals to serve as members of the Foundation. They are: Lupe Zamarippa, attorney and former Chief of Staff for Governor Mark White, and Lydia Agraz with Time-Warner.
6814 Consideration of Approval of Proposed Policy on Due Process
Requirements for Employment Terminations,
Replacing Related Current Policies VIII-26, (Termination of Annual
Contract Employees) and VIII-27 (Termination of Non-Contractual
Employees)
Dr. Nasworthy introduced the item.
It was moved by Hunter Ellinger and seconded by Rafael Quintanilla
that:
MOTION: the Board of Trustees adopt the proposed resolution
to approve the proposed Board Policy VIII-25, Due Process Requirements
for Termination of Employment, replacing the existing Policies
VIII-26 (Termination of Annual Contract Employees) and VIII-27
(Termination of Non-Contractual Employees), and directs the administration,
by October 15, 1997, to provide a report on the pattern of usage
of short-term and long-term adjunct faculty and hourly employees,
as well as an analysis of the advantages and disadvantages seen
(considering the impact on quality, diversity and flexibility
as well as stability and fairness) in providing various forms
of due-process protection to long-term employees in these categories.
(See Attachment F.)
Dr. Fonte commented regarding input received on the proposed policy
and suggested that comments presented by Cary Sowell, Full-Time
Faculty Senate, be included in section 5. He indicated his preference
for "the College will make every reasonable attempt to give
advance notice". He also indicated that it is his desire
and recommendation that the words "supervisory" and
"managerial" remain in section 3.,d. Regarding the suggested
change to section 3.,c., Dr. Fonte indicated that it is not always
possible to retrain employees and, therefore, he prefers that
the language remain as presented.
(Trustee Lillian Davis arrived at 6:30 p.m.)
It was moved by Hunter Ellinger and accepted by Rafael Quintanilla
that:
AMENDMENT TO MOTION: the Board of Trustees amend Section 5, Notice and Hearing to read: "The College should make every reasonable attempt to give advance notice to a person whose College employment is being considered for
termination.
FRIENDLY AMENDMENT: John Worley requested that "of the
reasons and an opportunity to respond to them" remain in
Section 5, as presented.
Mr. Ellinger accepted the friendly amendment and agreed that it should be added to read: "The College should make every reasonable effort to give advance notice of the reasons and an opportunity to respond to them to a person whose College employment is being considered for termination."
Mr. Quintanilla also accepted the friendly amendment.
FRIENDLY AMENDMENT: John Worley requested that "supervisory" be deleted from Section 3.,d., and read: "after 120 days notice from the President, for employees in positions specified as managerial, or administrative in the staffing table; no probationary process is required in such cases."
Mr. Ellinger and Mr. Quintanilla accepted the friendly amendment.
AMENDMENT TO MOTION: It was moved by Allen Kaplan that section 3., d., be amended to change "120 days" to "90 days."
The motion died for lack of a second.
FRIENDLY AMENDMENT: Beverly Watts Davis requested, with concurrence
by Allen Kaplan, that all staff be given 120 days, excluding faculty,
and section 3., c. read: "as part of a reduction in staffing
in an area or a change in the type of work skills needed. In such
a case, at least 120 days notice shall be provided except when
the change is in response to a serious financial emergency."
Hunter Ellinger and Rafael Quintanilla accepted the friendly
amendment.
Hunter Ellinger requested to return to the original motion.
Cary Sowell requested permission to comment, and the Board
agreed. Ms. Sowell suggested the term "when possible"
be substituted for "when feasible" in Section 5.
FRIENDLY AMENDMENT: Della May asked that "when feasible"
and "of the reasons and an opportunity to respond to them"
be deleted, and read: " Section 5., Notice: A person whose
College employment is being considered for termination shall be
given advance notice."
Hunter Ellinger and Rafael Quintanilla accepted the friendly
amendment.
Della May Moore moved, and Lillian Davis seconded that:
AMENDMENT TO MOTION: Section 3.,c., be amended from "120 days" to "90 days", and read as presented: "as part of a reduction in staffing in an area or change in the type of work skills needed. In such a case, at least 90 days notice shall be provided except when the change is in response to a serious financial emergency.
VOTE ON AMENDMENT TO MOTION: The motion passed on a vote of 5-4.
For: Lillian Davis, Hunter Ellinger, Sharon Knotts Green, Della May Moore, and Carol Nasworthy.
Against: Beverly Watts Davis, Allen Kaplan, Rafael Quintanilla, and John Worley.
VOTE ON ORIGINAL MOTION, with amendments to sections 3.,c.,
and 5: The motion passed by unanimous vote.
6815 Consideration of a Construction Contract - Health Sciences
Renovation at Riverside Campus
Dr. Nasworthy introduced the item. Daniel Perez, Associate Vice
President for Facilities and Operations, distributed bid results
(Attachment G) and recommended that the contract in the amount
of $31,320 for remodeling of the LVN Distance Learning (Room 5005
at the Riverside Campus)be awarded to Cobos Design and Construction.
He stated that no bids were received for the Surgical Technology/Occupational
Therapy/Physical Therapy Assistant project although 12 contractors
did attend a pre-bid meeting. Mr. Perez requested authority to
negotiate a design-build contract in the amount of $150,000 (+/-)
with one of the contractors who expressed an interest in the project
or another contractor/architect, and indicated he has discussed
this process with Gregg Hudson of Bickerstaff, Heath, Smiley,
Pollan, Kever, and McDaniel, LLP. Dr. Fonte suggested a report
be made to the Board regarding negotiations of the contract.
It was moved by Della May Moore and seconded by Allen Kaplan that:
MOTION: the Board of Trustees award the LVN Distance Learning contract ($31,320) to Cobos Design and Construction and authorize the administration to negotiate a design-build contract ($150,000 +/-) for the Surgical Technology/Occupational Therapy/Physical Therapy Assistant remodeling project at the Riverside Campus.
VOTE: The motion was passed by unanimous vote.
Future Reports to the Board--
Contract negotiations regarding the Design-Build Contract
for the Surgical Technology/Occupational Therapy/Physical Therapy
Assistant remodeling project at the Riverside Campus.
Efforts and monies made available at the College for the allied
health services and programs including condition of the facilities.
PRESIDENT'S REPORT
Dr. Fonte stated the State Appropriation will be higher than anticipated, and these numbers will be included in the budget to be presented to the Board. This will allow implementation of the Board policies approved at this time.
Frank Friedman, Executive Vice President for Academic Affairs, announced appointment of the following College deans:
Academic Programs:
Arts and Humanities - Dr. Margie Huerta
Mathematics and Sciences - Dr. Stephen Rodi
Social and Behavioral Sciences - Rex Peebles
Workforce Education Programs:
Applied Technologies, Multimedia, and Public Service - Gary Hampton
Business Studies - Reed Peoples
Computer Studies and Advanced Technology - Mike Midgley
Health Sciences - Cecile Sanders
Executive Session
The Board of Trustees recessed into Executive Session at 7:45
p.m. to consult with legal counsel regarding contemplated litigation
pursuant to Texas Government Code 551.071, and relating to the
purchase, exchange, lease or value of real property pursuant to
Texas Government Code 551.072.
Adjournment
Having no motion before the Board, the June 2, 1997, meeting of
the Board of Trustees was adjourned at 8:15 p.m.
Approved By
Dr. Carol Nasworthy, Board Chair
Dr. Lillian J. Davis, Board Secretary
Comments, suggestions? Posted to the
Web July 7, 1997.