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.

 

Agenda Item 7522

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.

 

Agenda Item 7520

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.

 

Agenda Item 7521

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