MINUTES
Regular
Meeting - Board of Trustees
May 6, 2002
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, May 6, 2002, at 6:00
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: Lillian Davis, Chair/Presiding Officer; Beverly
Silas, Vice Chair; John Worley,
Secretary; Beverly Watts Davis; Allen Kaplan; Barbara Mink; and Rafael
Quintanilla.
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
· New Employees - There were no new employees recognized.
· Math Student Award Winners -
Bob Rutishauser, Chair, Austin Community College Foundation, introduced Mike
Dellens, ACC Math Instructor. He stated
that ACC math students finished first in the region and tenth in the United
States out of 156 community colleges during the recent math competitions. Mr. Dellens introduced the award winners,
and Mr. Rutishauser and Dr. Davis presented awards to:
· Charles
Meeks (finished first in the Southwest Region and second in Nation)
· Matt
Tennant
· Gerry
Suhali
· Eric
Purwaka
· Sung
Ju Kang
· Tae
Gyung Lee
· Rizky
Djong
Mr. Dellens expressed
appreciation to the Austin Community College Foundation for their support of
$5,000 in scholarship money. He also
thanked ACC campus sponsors for the assistance provided to the students.and to
ACC campus sponsors for the assistance provided to the students.
· “Start Here, Get There Scholarship Recipients” -
Ed Osborn, ACC Marketing and Public Information Executive, provided information
concerning the essay competition. Mr.
Rutishauser stated the ACC Foundation was proud to sponsor the contest. Mr. Osborn introduced the scholarship
winners, and Mr. Rutishauser and Dr. Davis presented scholarships to:
· Karen
Davis
· Misty
Gonzales
· Elva
Hernandez
· Robert
McFall
· Ronda
Powers
· Sandra
Torres
· Stacy
Sevilla
· Tami
Whitt (absent)
· Ranielle
Pinon-Ka’awaloa (absent)
· Lusnail
Rondon (absent)
Mr.
Osborn expressed appreciation to the award winners, contest judges, and to the
Foundation for awarding the scholarships.
The
Board of Trustees applauded the accomplishments of the students. The students were given a standing ovation
by all in attendance for their excellent performance and representation of
Austin Community College.
Citizens
Communications
· Becky Villarreal, ACC
Instructor, spoke regarding summer classes.
· Melvin Maas, ACC, spoke
regarding an ACC literary journal for students by students entitled “Faces of
Our Students”.
· Mark Goodrich, ACC/AFT,
spoke regarding AFT.
· Betty Edgemond, citizen,
spoke regarding publicity of South Austin Campus.
Reports from
Employee Associations
· Adjunct
Faculty Association - Kitty Henderson, President, spoke regarding possible
joint meetings with the Board and administration with the Association.
· Classified
Employees Association - Mark Goodrich, President, spoke regarding meetings with
the administration.
· Full-Time
Faculty Senate - Laura Ore, President, spoke regarding compensation for
full-time faculty and advised that Daniel Traverso was elected President-Elect of the Association. Stacey Thompson will become President of the
Association in August 2002.
· Professional/Technical
Employees Association - Karen Anderson, President, spoke regarding the recent
comparison/salary surveys and provided a snapshot of the approximate 150
Prof-Tech positions at the Highland Business Center and ACC Service Center.
· Student
Government Association – James Neece, Vice President, spoke regarding goals for
upcoming school year; invited attendance at SGA meetings; and expressed
gratitude to Trustee Della May Moore and presented a plaque for her 20 years of
service to Austin Community College. He stated: “In addition to serving as Chair and Vice President of the Board,
Della May Moore has expressed faithful devotion to improve literacy and
language skills in AISD and also maintains involvement in Austin Children’s
Museum, among other things. These
things continually provide proof and hope to all of here that people are still
around who put students first. With
that in mind, ACC Student Government Association would like to present Della
May Moore with this plaque expressing our appreciation for the wonderful
service she has provided not only to ACC but all of Austin.”
Trustee
Report(s) to the Board
Community: Cedar Park Kiwanis and University Area
Rotary Club – Beverly Silas
Vice
Chair Beverly Silas reported on her speaking engagements at the Cedar Park
Kiwanis Pancake Breakfast at 7:30 a.m. on April 17 and at the University Area
Rotary Club at 7:00 p.m. on April 18.
She stated the message which came from both meetings was that ACC is one
of the best untold stories. Ms. Silas
said that both groups felt that ACC is not charging enough for out-of-district
tuition and that ACC should charge for Early College Start. She advised that the membership of both
groups was very supportive of Austin Community College. Ms. Silas stressed the importance of these
forums and the opportunity for Trustees to provide information regarding
ACC. She expressed appreciation to Ed
Osborn for accompanying her to the forums and for the assistance provided.
Report to the
Board
Report of Achievements and Recognitions
Dr.
Steve Kinslow, Executive Vice President, distributed kudos information and
acknowledged:
· ACC’s printmaking students and faculty were invited to join with the University of Texas Printmakers in this year’s Steamroller Printing Event, “Diesel Brayer 2002.”
Report on Shared Governance – Barbara Mink/Steve Kinslow/Kitty
Henderson
Dr. Davis called attention to the election of College President Richard Fonte to the American Association of Community Colleges Board of Directors.
Kitty
Henderson, President of the Adjunct Faculty Association, reported on meetings
of the employee associations and the Student Government Association
regarding shared governance, including
communication. Dr. Steve Kinslow,
Executive Vice President, provided information regarding a College-wide
follow-up meeting hosted by AFT was held in April. It was decided at that time that a district-wide meeting would be
held to discuss shared governance. Dr.
Mink expressed appreciation to those who attended the meetings and for the
thoughtfulness and valuable information provided.
Implementation of College Organizational Policy – Steve Kinslow
Dr.
Kinslow called attention to Board Policy C-2, College Organizational Policies,
provided an overview, and called discussed College organizational charts; Organizational Reference: Referral Guide for Academic, Student and
Campus Affairs; A Future Vision for Austin Community College; Shared
Governance Position Paper; May 1, 2002, memorandum concerning ACC Internal
Communications Structure: Request for a
Meeting on June 7 or 14; Organizational
Reference; and Internal
Communications Structure 2001-2002.
Items for Discussion/Possible
Action:
Consent Agenda
Agenda Item
7517
Minutes of
April 1, 2002, Regular Meeting; April 12-13, 2002, Retreat; and April 15, 2002,
Work Session of the Board of Trustees
Recommendation: That the Board of Trustees approve the
minutes as presented.
Agenda Item
7518
Board Policy
D-5, Sabbatical Leave
Recommendation: That the Board of Trustees revise the
current Sabbatical Leave policy to allow faculty to be eligible to take more
than one sabbatical leave, provided the total of the sabbatical does not exceed
a one-year (10½ month) total. Upon
taking an aggregate total of one-year in sabbaticals, an individual would not
be eligible to apply for additional sabbaticals for a six-year period.
Agenda Item
7519
Employee
Recruitment Reporting
Recommendation: That the Board of Trustees review and amend
Board Policy F-3, Employee Recruitment.
Dr.
Worley requested that Agenda Item 7518 be pulled for discussion.
Rafael Quintanilla moved and Beverly Silas seconded that:
MOTION: The Board of Trustees
approve Agenda Item 7517, Minutes of April 1, 2002, Regular Meeting; April
12-13, 2002, Retreat; and April 15, 2002, Work Session of the Board of
Trustees, and Agenda Item 7519, Sabbatical Leave, be approved as presented.
VOTE: The motion passed on a vote of 5-0.
Trustee Beverly Watts Davis was absent for the vote.
Trustees Della May Moore and Carol Nasworthy were absent from the
meeting.
The Chair did not vote.
Agenda Item
7518
Board Policy
D-5, Sabbatical Leave
Trustee
John Worley called attention to the need for additional clarification to the
proposed revision of Board Policy D-5:
D-5. SABBATICAL LEAVE
Each year, the College
President may, upon the recommendation of the Sabbatical Review Committee,
grant sabbatical leaves to staffing-table employees, provided that employees
granted such leaves.
[1] comprise no more that 2%
of their employee category,
[2] have rendered at
least 6 years uninterrupted service since any previous sabbatical; and
[3] agree to return to the College
for a period at least as long as the leave period, or to repay all money they
were paid by the College while on leave.
After a sabbatical has been taken, uninterrupted service following that sabbatical must be at least six times the length of that sabbatical before another sabbatical can be taken.
Faculty
and staff members may be granted sabbaticals of up to one year at full
pay. The pay rate shall be reduced if
needed to keep total compensation from all sources during the sabbatical from
exceeding the employee’s base ACC pay.
John
Worley moved and Allen Kaplan seconded that:
MOTION: The Board of Trustees approve the revised
amendment to Board Policy D-5, Sabbatical Leave, as presented.
VOTE: The motion passed on a vote of 6-0.
Trustees
Della May Moore and Carol Nasworthy were absent.
The
Chair did not vote.
*****
D-5. SABBATICAL LEAVE
Each year, the College
President may, upon the recommendation of the Sabbatical Review Committee, grant
sabbatical leaves to staffing-table employees, provided that employees granted
such leaves:
[1] comprise no more that 2%
of their employee category,
[2] and agree to return to
the College for a period at least as long as the leave period, or to repay all
money they were paid by the College while on leave.
After a sabbatical has been taken, uninterrupted service following that
sabbatical must be at least six times the length of that sabbatical before
another sabbatical can be taken.
Faculty and staff members may be
granted sabbaticals of up to one year at full pay. The pay rate shall be reduced if needed to keep total
compensation from all sources during the sabbatical from exceeding the
employee’s base ACC pay.
*****
Trustees
agreed to revise the order of agenda items.
Process of
Presidential Evaluation
Dr.
Davis introduced the item and Beverly Silas stated she had received only 3
completed Self-Assessments I and II from Trustees. Dr. Fonte called attention to the proposed revision of the
Presidential Evaluation Worksheet 2, Board Policy Implementation Worksheet;
proposed revision of the Internal Community Feedback Form; and the proposed
Resolution on Presidential Evaluation Process.
Trustees reviewed the documents.
Dr. Davis requested Trustees to provide language for any suggested
revisions. Vice Chair Silas requested
that all Trustees complete the Self Assessments I and II and return to her by
May 10.
Board Self-Evaluation
Dr.
Davis introduced the item and called attention to the self-evaluation worksheet
tabulations. She noted that those items
circled on the worksheet indicated those with 5 or more votes and the checked
items indicated those with 4 or more votes.
Trustees discussed the ratings and commented on the evaluation. Dr. Davis stated she made notes of the
items on which the Board indicated they may want to do something differently,
and the information would be provided to Trustees. Dr. Davis called attention to open items and Board requests, job
descriptions for officers, facility partners and the ISDs—need for a business
case/return on the investment on those things; scheduling dialogues with
employee association regarding Board policies and not administrative matters;
relations with each other; honoring divergent opinions; and focusing on this as
an area we want to be better in.
Board Policy –
Secretary’s Role on Policy Monitoring
Dr.
Davis introduced the item and cited the proposed changes. Dr. Worley stated that he and Allen Kaplan
reviewed Board Policies B-1, Board Policy Principles, and B-6, Monitoring
Policy Compliance, and recommended the following changes:
B-1. BOARD POLICY PRINCIPLES
[1] The Board governs primarily through written
policies. The College President shall cause all sectors of the College to be
informed of the Board policies relevant to their activities and shall ensure
the compliance of College activities with Board policies. The College President
may set additional administrative rules, as long as they are consistent with
and supportive of any Board policies to which they are related.
[2] The Board may use resolutions rather than
policies for limited-term decisions or directives. Resolutions are limited in effect
to the specific items and time periods they address, or for one year if no
period is stated.
[3] There are no unwritten Board directives. The
only policies, decisions, authorizations, or limitations in effect at the Board
level are those explicitly listed as policies or active resolutions in the
Board minutes or web site after a public vote of adoption. Individual or
collective statements by Trustees in any other form have no authority in
College operations. All trustees shall be informed whenever the administration
takes actions that address a request or suggestion from a trustee. When an
administrator attributes an action to a Board directive, the relevant written
directive(s) must be identified.
[4] To the extent activities in an area are not
covered by a current Board policy or resolution or an administrative rule,
employees should use their own best judgement to act in the interest of the
community and students.
[5] Board policies are to be used only to
directly express the decisions of the Board; they are not to be used to simply
repeat or ratify either administrative rules (which do not require Board
approval) or external laws and regulations (which the Board has no power to
change).
[6] When a Board policy or resolution (except
one related to Board procedure) has more than one reasonable interpretation,
the College President may specify which interpretation the College shall
follow, with notification to the Board of any significant policy ambiguities
revealed by this process. If (Should)
a Board officer or any three (two) other trustees believe that
the President’s interpretation of a Board policy is unreasonable, she, he, they
(the officer or trustees) may request that the reasonability of
the President’s interpretation be put on the Board agenda for decision, and the
Board Chair must honor the request as soon as possible.
B-6. MONITORING POLICY COMPLIANCE
The Secretary of the Board shall oversee
Board-level activity in monitoring compliance with Board policies and directives.
This activity, which will complement but not replace the oversight
responsibility of the College President, shall be done without reference to the
personal opinion of the Secretary about the policies, and shall not extend to
any aspect of College operations that is not covered by a current Board policy
or resolution.
The College administration shall provide
information and assistance in this task as requested by the Secretary, subject
to an appeal by the President to the Board if any such request is felt to be
unreasonable.
Other trustees who have questions or concerns
about non-compliance should direct them to the Secretary, who shall pursue them
at his or her discretion and shall report to the Board on any aspects of
college operations found, in his or her judgment, to be non-compliant. If the
Secretary does not pursue an issue to the satisfaction of a trustee, the
trustee may bring the question to the Board for a vote on whether or not it
should be certified as an important monitoring issue. The Secretary shall give
priority to and make reports on any issues that are thus identified by Board
vote.
The President (or Board Chair, for Board
activities) shall, for each non-compliance report from the Secretary, provide
the Board either a compliance plan, a recommendation for policy modification,
or an explanation of why the practice in question is seen as already being in
compliance. If the Secretary
thereafter states in writing that he or she continues to believe that the
practice does not comply with Board policy, the question shall (must)
be put on the Board agenda as soon as practicable for Board decision. If the Board finds that the practice is not
in compliance, it may order the remedial action it deems appropriate.
Each fall, the President shall also provide the
Board an annual schedule of planned routine and special-attention
policy-compliance reports.
Non-compliance reports by the Secretary are only
advisory; authoritative Board directives to change college practices can come
only from a public Board vote.
Trustees
discussed the proposed policy revisions and suggested the following change to
the proposed revision of Board Policy B-6, Monitoring Policy Compliance:
“If the Board finds that the practice is not in compliance, it will
require the President to achieve compliance it may order the remedial action
it deems appropriate.”
Allen Kaplan moved and John Worley seconded that:
MOTION: The Board of Trustees
approve the proposed revisions to Board Policy B-1, Board Policy Principles,
and B-6, Monitoring Policy Compliance, as presented including the changes
discussed.
VOTE: The motion passed on a
vote of 6-0.
Trustees Carol Nasworthy and Della May Moore were absent from the
meeting.
The Chair did not vote.
*****
B-1. BOARD POLICY PRINCIPLES
[1] The Board governs primarily through written
policies. The College President shall cause all sectors of the College to be
informed of the Board policies relevant to their activities and shall ensure
the compliance of College activities with Board policies. The College President
may set additional administrative rules, as long as they are consistent with
and supportive of any Board policies to which they are related.
[2] The Board may use resolutions rather than
policies for limited-term decisions or directives. Resolutions are limited in
effect to the specific items and time periods they address, or for one year if
no period is stated.
[3] There are no unwritten Board directives. The
only policies, decisions, authorizations, or limitations in effect at the Board
level are those explicitly listed as policies or active resolutions in the
Board minutes or web site after a public vote of adoption. Individual or
collective statements by Trustees in any other form have no authority in
College operations. All trustees shall be informed whenever the administration
takes actions that address a request or suggestion from a trustee. When an
administrator attributes an action to a Board directive, the relevant written
directive(s) must be identified.
[4] To the extent activities in an area are not
covered by a current Board policy or resolution or an administrative rule,
employees should use their own best judgement to act in the interest of the
community and students.
[5] Board policies are to be used only to
directly express the decisions of the Board; they are not to be used to simply
repeat or ratify either administrative rules (which do not require Board
approval) or external laws and regulations (which the Board has no power to
change).
[6] When a Board policy or resolution (except
one related to Board procedure) has more than one reasonable interpretation,
the College President may specify which interpretation the College shall follow,
with notification to the Board of any significant policy ambiguities revealed
by this process. Should a Board officer or any
two other trustees believe that the President’s interpretation of a Board
policy is unreasonable, the officer or
trustees may request that the reasonability of the President’s
interpretation be put on the Board agenda for decision, and the Board Chair
must honor the request as soon as possible.
B-6. MONITORING POLICY COMPLIANCE
The Secretary of the Board shall oversee Board-level
activity in monitoring compliance with Board policies and directives. This
activity, which will complement but not replace the oversight responsibility of
the College President, shall be done without reference to the personal opinion
of the Secretary about the policies, and shall not extend to any aspect of
College operations that is not covered by a current Board policy or resolution.
The College administration shall provide
information and assistance in this task as requested by the Secretary, subject
to an appeal by the President to the Board if any such request is felt to be
unreasonable.
Other trustees who have questions or concerns
about non-compliance should direct them to the Secretary, who shall pursue them
at his or her discretion and shall report to the Board on any aspects of
college operations found, in his or her judgment, to be non-compliant. If the
Secretary does not pursue an issue to the satisfaction of a trustee, the
trustee may bring the question to the Board for a vote on whether or not it
should be certified as an important monitoring issue. The Secretary shall give
priority to and make reports on any issues that are thus identified by Board
vote.
The President (or Board Chair, for Board
activities) shall, for each non-compliance report from the Secretary, provide
the Board either a compliance plan, a recommendation for policy modification,
or an explanation of why the practice in question is seen as already being in
compliance. If the Secretary thereafter
states in writing that he or she continues to believe that the practice does
not comply with Board policy, the question must
be put on the Board agenda as soon as practicable for Board decision. If the Board finds that the practice is not
in compliance, it will require the President to achieve compliance.
Each fall, the President shall also provide the
Board an annual schedule of planned routine and special-attention
policy-compliance reports.
Non-compliance reports by the Secretary are only
advisory; authoritative Board directives to change college practices can come
only from a public Board vote.
*****
Executive
Session
There
was no Executive Session.
President's
Administrative Report
Dr. Fonte discussed the March
Financial Report and advised that the projection is that the budget will be in
balance and are in balance based upon the policies implemented. He stated that the College will meet its
fund reserve goal.
Quick Meeting
Review
Trustees
commented regarding the meeting:
What we did well rated as 1-5 (with 5 being very
satisfied): very good meeting; good meeting; good meeting; made
some good policy changes.
What we can do better: think that we
bogged down on Board self-evaluation; need to work on Board relations; since we
are revising Presidential evaluation, maybe we need to look at the process of
the Board’s self-evaluation.
Announcements
Beverly
Silas stated that an individual in attendance at the University Area Rotary
Club stated that Austin Community College saved her life. She stated that ACC offered the sign
language classes that she needed for her job working with Austin’s large
hear-impaired community.
Adjournment
Having
no motion before the Board, the May 6, 2002, regular meeting of the Austin
Community College Board of Trustees was adjourned at 9:05 p.m.
Approved By
John
B. Worley, Secretary