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MINUTES
Regular Meeting - Board of Trustees
August 2, 1999

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 Austin Community College convened in public session on Monday, August 2, 1999, at 6:05 p.m. in the Board Room (201) of the Highland Business Center of the Austin Community College located at 5930 Middle Fiskville Road, Austin, Texas, with the following members present: Beverly Watts Davis [arrived at 6:20 p.m.]; Allen Kaplan, Vice Chair/Presiding Officer; Hunter Ellinger, Secretary; Lillian Davis; Della May Moore [arrived at 6:10 p.m.]; Carol Nasworthy; Rafael Quintanilla; Beverly Silas; 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.

Recognitions

Mrs. Davis recognized:

Gerry Tucker, Associate Vice President for Human Resources. Dr. Tucker introduced new employees: Sarah Mackey, Student Development Specialist, Riverside Campus; and Catherine Tremarie, Student Development Specialist, Northridge Campus.

Citizen's Communication

There was no one registered to address the Board of Trustees.

Reports from Employee Associations

Full-Time Faculty Senate - No report presented.

Adjunct Faculty Association - John Herndon, President, spoke regarding the Board's proposed Compensation Policy and market comparisons.

Professional/Technical Employees Association - No report was presented.

Classified Employees Association - No report was presented.

Student Leadership Association - Hector Tristan, Jr., President, expressed appreciation to faculty and staff for including Student Leadership Association in College process and stated the Association will advise regarding the dates and times of meetings for the Fall semester at the next Board meeting.

[Beverly Watts Davis, Chair, became Presiding Officer.]

Reports to the Board

Report on Visual Communication Design Program - Dr. Elva Allie, Executive Vice President for Instructional Affairs; Andrew Saldana, Program Coordinator; Michael Stevens, Assistant Professor; and Priscilla Wicker, Associate Professor; distributed information and spoke regarding Austin Community College's Visual Communication Design program including changes within the last three years; portfolio process; student awards; and multi-media program.

City Reinvestment Zone - Dr. Steve Kinslow, Executive Vice President for Campus Operations, Student Affairs, and School Relations, advised that Dilip Anketell, Associate Vice President for Facilities and Operations, and Jo Kallison, a member of the Legal Counsel staff, are working with the City of Austin. Dr. Kinslow stated a meeting will be held on August 5 and updated information will be provided to the Board.

ITEMS FOR CONSENT

Agenda Item 7112
Minutes of July 5, 1999, Board Meeting

Recommendation: That the Board of Trustees approve the minutes as presented.

Dr. Nasworthy moved and Beverly Silas seconded that:
MOTION: The Board of Trustees approve the Consent Agenda Item 7112, Minutes of July 5, 1999, Board Meeting.
VOTE: The motion passed by a unanimous vote.
The Chair did not vote.
ITEMS FOR DISCUSSION/POSSIBLE ACTION

John Worley requested that the order of the agenda be changed to move Item 7114, Proposed Board Policy on Employee Compensation, for consideration prior to Item 7113, Calling an Election within the Austin Community College District for Voter Approval to Modify the Existing Cap on the Ad Valorem Maintenance Tax.

Beverly Watts Davis asked that the Board vote on Dr. Worley's request.

Dr. Worley moved and Allen Kaplan seconded that:
MOTION: The Board of Trustees consider Item 7114, Proposed Board Policy on Employee Compensation, as the first item.
Vote: The motion failed on a vote of 4-5.
For: Hunter Ellinger, Allen Kaplan, Rafael Quintanilla, and John Worley.
Against: Lillian Davis; Della Moore; Carol Nasworthy; Beverly Silas; and Beverly Watts Davis, Chair

Agenda Item 7113
Calling an Election within the Austin Community College District for Voter Approval to Modify the Existing Cap on the Ad Valorem Maintenance Tax
Trustees discussed the resolutions to implement one of two options: Resolution A - Order calling an election to modify the ad valorem maintenance tax rate to $.10 per $100, and Resolution B, Order calling an election to remove maintenance tax cap. Myra McDaniel and David Mendez, College Legal Counsel, responded to questions from Board members.

Allen Kaplan moved and Della May Moore seconded that:
MOTION: The Board of Trustees call an election on Tuesday, November 2, 1999, to modify the ad valorem tax rate to a rate not to exceed the limits provided in Section 130.022 of the Texas Election Code in accordance with Draft Resolution A which is before the Board members. The Resolution also requires the staff to negotiate and present to the Board for approval as soon as practical, joint election agreements with Travis and Williamson Counties, the voting system or systems by which the election shall be conducted, a list of election officials, a list of early voting and election day polling places and election precincts and a schedule of time for early voting.

Mrs. McDaniel, College Legal Counsel, stated that information provided in the Agenda was inadvertently transmitted to the College incorrectly. Page 13 of the agenda should be included with Draft Resolution B replacing page 19, and Page 19 of the agenda should be included with Draft Resolution A replacing page 13.

Allen Kaplan withdrew the motion.

Allen Kaplan moved and Della Moore seconded that:
MOTION: An election be called for Tuesday, November 2, 1999, to modify the ad valorem tax rate to a rate not to exceed ten cents ($.10) on each hundred dollars ($100) valuation of taxable property in the Austin Community College District, for the further maintenance of the District, in accordance with Draft Resolution A which is before the Board members. The Resolution also requires the staff to negotiate and present to the Board for approval as soon as practical, joint election agreements with Travis and Williamson Counties, the voting system or systems by the election shall be conducted, a list of election officials, a list of early voting and election day polling places and election precincts and a schedule of time for early voting.

Board members commented regarding the item and the proposed draft resolutions.

VOTE: The motion passed on a vote of 8-1.
For: Beverly Watts Davis, Lillian J. Davis, Hunter Ellinger, Allen Kaplan, Della May Moore, Carol Nasworthy, Rafael Quintanilla, and Beverly Silas.

Against: John Worley

Recess
Ms. Davis recessed the meeting at 7:20 p.m.

Reconvene
The meeting of the Board of Trustees of the Austin Community College reconvened at 7:45 p.m. pursuant to Texas Government Code 551.

Agenda Item 7114

Proposed Board Policy on Employee Compensation
Chair Beverly Watts Davis introduced the item and Hunter Ellinger provided comments regarding the current "unified draft" and subsequent proposed alternatives including a proposed hybrid alternative amendment to section 11 of the draft compensation policy.

Allen Kaplan moved and Hunter Ellinger seconded that:
MOTION: The Board of Trustees adopt the Principles for Employee Compensation, the unified draft on page 32-33.
Board members discussed the following current and proposed alternatives:
Current language: [1] Provide employment on stable professional terms with an adequate level of regular staff to achieve excellence goals; however the College shall use hourly, part-time, and temporary staffing when appropriate to match variations in work load.
Allen Kaplan moved and Hunter Ellinger seconded that:
MOTION: The Board of Trustees adopt the following proposed alternative B amendment: [1] Provide employment primarily on stable professional terms with an adequate level of regular staff to achieve excellence goals. However, the College shall use hourly, part-time, and temporary staffing when appropriate to match variations in work load.
Dr. Davis requested a Friendly Amendment:
FRIENDLY AMENDMENT: [1] Provide employment primarily on stable professional terms with an adequate level of regular staff to achieve excellence goals. However, the College shall use hourly, part-time, and temporary staffing when appropriate to match variations in work load.
Allen Kaplan and Hunter Ellinger accepted the Friendly Amendment.

Board members discussed the Friendly Amendment.

Dr. Davis withdrew the proposed Friendly Amendment.
VOTE: The motion passed on a unanimous vote.
The Chair did not vote.

Current language: [3] Provide a compensation package (including salary, benefits, time off, stipends, and awards) that is market competitive.

Della May Moore moved and John Worley seconded that:
MOTION: The Board of Trustees adopt the following proposed alternative B amendment: [3] Provide a compensation package (including salary, benefits, time off, stipends, and awards that is market-competitive. Priority for increasing compensation will be for those positions that are at 95% or less of the market average or any other compensation target included elsewhere in this policy or set by the Board.
VOTE: The motion passed on a vote of 7-1.
For: Hunter Ellinger, Allen Kaplan, Della May Moore, Carol Nasworthy, Rafael Quintanilla, Beverly Silas, and John Worley.
Against: Lillian Davis
The Chair did not vote.

Current language: [4] For each type of position, compare compensation to that at the main institutions with which the College competes for that type of employee. For adjunct faculty, provide that the minimum and maximum amounts paid at least match the amounts paid by the closest institution of higher learning that uses adjunct faculty in a manner similar to ACC. The primary relevant comparison markets for other employee classifications shall be: for non-faculty staff, similar local or regional positions; for full-time faculty with equivalent experience and education in community colleges in Texas metropolitan areas for full-time faculty.

Hunter Ellinger moved and John Worley seconded that:
MOTION: The Board of Trustees adopt the following proposed alternative A amendment: [A] For each type of position, compare compensation to that at the main institutions with which the College competes for that type of employee. For adjunct faculty, provide that the minimum and maximum amounts paid at least match the amounts paid to non-tenure-track part-time faculty with similar experience and education teaching lower-division courses at the public by the closest institution of higher learning in the Austin metropolitan area most similar to ACC in size and the nature of its use of adjunct faculty that uses adjunct faculty in a manner similar to ACC. The primary relevant comparison markets for other employee classifications shall be: for non-faculty staff, similar local or regional positions, for full-time faculty, full-time faculty with equivalent experience and education in community colleges in Texas metropolitan areas for full-time faculty.
Rafael Quintanilla requested a Friendly Amendment and Della May Moore seconded:
Friendly Amendment: ". . .For adjunct faculty, provide that the minimum and maximum amounts paid at least match the amounts paid to non-tenure-tract part-time faculty with similar experience and education teaching lower-division courses at the public by the closest institutions of higher learning in the Austin metropolitan area most similar to ACC in size and its use of adjunct faculty for which we have comprehensive compensation data that uses adjunct faculty in a manner similar to ACC. The primary relevant comparison markets for other employee classifications shall be: for non-faculty staff, similar local or regional positions, for full-time faculty, full-time faculty with equivalent experience and education in community colleges in Texas metropolitan areas for full-time faculty."
Della May Moore requested:
Amendment to the Friendly Amendment: ". . . For adjunct faculty, provide that the minimum and maximum amounts paid at least match the amounts paid to non-tenure-track part-time faculty with similar experience and education teaching lower-division courses at the public by the closest institutions of higher learning in the Austin/San Antonio metropolitan areas most similar to ACC in size and the nature of its use of adjunct faculty for which ACC has comprehensive compensation data that uses adjunct faculty in a manner similar to ACC. The primary relevant comparison markets for other employee classifications shall be: for non-faculty staff, similar local or regional positions, for full-time faculty, full-time faculty with equivalent experience and education in community colleges in Texas metropolitan areas for full-time faculty."
Hunter Ellinger and John Worley accepted the Friendly Amendment and the Amendment to the Friendly Amendment.
VOTE on Amendment to Friendly Amendment: The motion failed on a vote of 5-4.
For: Lillian Davis, Della May Moore, Carol Nasworthy, and Beverly Silas
Against: Hunter Ellinger; John Worley; Allen Kaplan; Rafael Quintanilla; and Beverly Watts Davis, Chair
Hunter Ellinger requested and Beverly Silas seconded:
Substitute Amendment to Friendly Amendment: ". . .For adjunct faculty, provide that the minimum and maximum amounts paid at least match the amounts paid to non-tenure-track part-time faculty with similar experience and education teaching lower-division courses at the public by the closest institutions of higher learning in the Austin metropolitan area most similar to ACC in size and the nature of its use of adjunct faculty for which ACC has comprehensive compensation data that uses adjunct faculty in a manner similar to ACC. The primary relevant comparison markets for other employee classifications shall be: for non-faculty staff, similar local or regional positions, for full-time faculty, full-time faculty with equivalent experience and education in community colleges in Texas metropolitan areas for full-time faculty."
VOTE on Substitute Amendment to Friendly Amendment: The Substitute Amendment to the Friendly Amendment passed on a vote of 6-2.
For: Lillian Davis, Hunter Ellinger, Della May Moore, Carol Nasworthy, Rafael Quintanilla, and Beverly Silas
Against: Allen Kaplan and John Worley
The Chair did not vote.
John Worley withdrew his second to the Friendly Amendment.
Carol Nasworthy seconded the Friendly Amendment.
VOTE on Friendly Amendment: The motion passed on a vote of 7-1.
For: Lillian Davis, Hunter Ellinger, Allen Kaplan, Della May Moore, Carol Nasworthy, Rafael Quintanilla, and Beverly Silas
Abstaining: John Worley
The Chair did not vote.
Dr. Nasworthy moved to amend the Original motion and Dr. Davis seconded:
Amendment to Original Motion: ". . .For adjunct faculty, provide that the minimum and maximum amounts paid at least match the amounts paid For each type of position compare compensations to that at the main institutions with which the College competes for that type of employee. For adjunct faculty that will be the comparison is the closest paid to non-tenure-track part-time faculty with similar experience and education teaching lower-division courses at the public by the closest institutions of higher learning in the Austin metropolitan area most similar to ACC in size and the nature of its use of adjunct faculty for which ACC has comprehensive compensation data that uses adjunct faculty in a manner similar to ACC. The primary relevant comparison markets for other employee classifications shall be: for non-faculty staff, similar local or regional positions, for full-time faculty, full-time faculty with equivalent experience and education in community colleges in Texas metropolitan areas for full-time faculty."
Dr. Worley requested a Friendly Amendment.
Friendly Amendment: ". . .For adjunct faculty provide that the minimum and maximum amounts paid at least match the amounts paid for each type of position, compare compensations to that at the main institutions with which the College competes for that type of employees. For adjunct faculty, the college will employ a weighted consideration of amounts to that will be the comparison is the closest paid to non-tenure-track part-time faculty with similar experience and education teaching lower-division courses at the public by the closest institutions of higher learning in the Austin metropolitan area most similar to ACC in size and the nature of its use of adjunct faculty for which ACC has comprehensive compensation data that uses adjunct faculty in a manner similar to ACC. The primary relevant comparison markets for other employee classifications shall be: for non-faculty staff, similar local or regional positions, for full-time faculty, full-time faculty with equivalent experience and education in community colleges in Texas metropolitan areas for full-time faculty."
Dr. Nasworthy did not accept the Friendly Amendment.
VOTE on Friendly Amendment: The amendment failed on a vote of 3-4-1.
For: Lillian Davis, Beverly Silas, Carol Nasworthy
Against: Allen Kaplan, Della May Moore, Rafael Quintanilla, John Worley
Abstaining: Hunter Ellinger
The Chair did not vote.
Hunter Ellinger requested a Friendly Amendment and Carol Nasworthy seconded.
Friendly Amendment: ". . .For adjunct faculty provide that the minimum and maximum amounts paid at least match the amounts paid For each type of position, compare compensations to that at the main institutions with which the College competes for that type of employees. For adjunct faculty, the relevant comparison market shall be an appropriate weighted average to that will be the comparison is the closest paid to non-tenure-track part-time faculty with similar experience and education teaching lower-division courses at the public by the closest institutions of higher learning in the Austin metropolitan area most similar to ACC in size and the nature of its use of adjunct faculty for which ACC has comprehensive compensation data that uses adjunct faculty in a manner similar to ACC. The primary relevant comparison markets for other employee classifications shall be: for non-faculty staff, similar local or regional positions, for full-time faculty, full-time faculty with equivalent experience and education in community colleges in Texas metropolitan areas for full-time faculty."

Trustees agreed to delay action until there is additional discussion at the August 16 meeting of the Committee of the Whole.

Agenda Item 7115
Proposed Board Policy on Recruitment, Student Goal Achievement, and Prevention of Harassment
Ms. Davis introduced the item and Hunter Ellinger distributed information which provided proposed alternative language to the information in the agenda item on [3] A current declaration of educational goal (which may or may not include a degree or certificate) shal be maintained for each college-credit student. The proposed alternative language is: [3] A current declaration of education goal (which may or may not include a degree or certificate) shall be maintained and updated each semester through the registration process for each college-credit student.

Mr. Ellinger moved and Carol Nasworthy seconded that:
MOTION: The Board of Trustees adopt the proposed policy changes as presented, including the proposed alternative language for [3].
VOTE: The motion passed on a unanimous vote.
The Chair did not vote.
Agenda Item 7116
Amendment to Policy F-5, Faculty Placement/Advancement

Ms. Davis introduced the item and Dr. Steve Kinslow, Executive Vice President for, responded to questions from Trustees.

Hunter Ellinger moved and Carol Nasworthy seconded that:
MOTION: The Board of Trustees approve the Amendment to Policy F-5, Faculty Placement/Advancement as presented.
VOTE: The motion passed on a unanimous vote.
The Chair did not vote.

President's Report
Dr. Fonte, College President, called on Myra McDaniel, College Legal Counsel, to report on one legal matter. Mrs. McDaniel stated that there was a hearing today on a Motion for a New Trial in the Riad Hamad v. Austin Community College lawsuit in which Mr. Hamad had gotten a default judgment. It was Motion for a New Trial was granted. The default judgment disappeared and, therefore, the College is back to the original suit.

Announcements

Ms. Davis congratulated Trustee Carol Nasworthy who was recently honored as a Leadership Austin star.

Della May Moore extended congratulations to Trustee Lillian J. Davis and Myra McDaniel, College Legal Counsel, for recognition in the Profiles of Leadership for Austin and Central Texas.

Adjournment
Having no motion before the Board, the August 2, 1999, regular meeting of the Austin Community College Board of Trustees was adjourned at 9:40 p.m.

Approved By

Hunter Ellinger, Secretary