MINUTES
Regular
Meeting – Board of Trustees
In
accordance with the terms and provisions of the Texas Open Meetings Act,
Chapter 551 of Texas Government Code, the Board of Trustees of the Austin Community
College District convened in public session on Tuesday, May 5, 2003, at 6:03
p.m. in the Board Room (201) the Highland Business Center of Austin Community
College located at 5930 Middle Fiskville Road,
Austin, Texas, with the following members present: Rafael Quintanilla,
Chair/Presiding Officer; Allen H. Kaplan, Secretary; Beverly Watts Davis
[arrived at 6:35 p.m.]; Lillian J. Davis; John F. Hernandez; Nan McRaven [arrived at 6:20 p.m.]; Beverly Silas; and John
Worley. Trustee Barbara Mink, Board Vice Chair, was absent.
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
·
Vince McGarry, ACC Math Department, and Steve
Nelson, Chair of the ACC Foundation, recognized winners of the American
Mathematical Association of Two-Year Colleges Student Math League. They were:
Richie Susanto;
Forrest Green; Gyeong han Bae (top regional
winner); Sung-Ju-Kang (top regional winner); and Charles
Meeks (top regional winner and tied for 3rd in the Nation). Chair Quintanilla, Mr. Nelson, and Mr. McGarry presented awards and checks to the students. Trustees congratulated the students and
thanked them for bringing statewide, regional, and national recognition to
·
Cheryl Richards, Coordinator of Student Activities, stated 51 students were
recognized at the Rio Grande Campus as recipients of Who’s Who Among American Community Colleges. The students received a standing ovation from
Trustees and the audience for their outstanding accomplishments.
Citizens
Communication
·
Betty Edgemond,
·
Guadalupe Sosa, Chair, South Austin Campus
Advisory Committee, expressed appreciation for participation in a recent forum
and provided information regarding the work of the Committee.
·
Myra Bradley, ACC/AFT, spoke regarding the
recent successful ACC referendum and expressed appreciation for the work of all
during the campaign.
·
Mark Goodrich, ACC/AFT/ACC Classified Employee,
spoke regarding ACC and accountability/commitment.
·
Morris Williamson, citizen, spoke regarding the
Rio Grande Campus.
·
Roland Hayes, ACC/citizen, spoke regarding the
success of the ACC referendum and community involvement.
·
Will Wynn, City of
Reports from
Associations
·
Adjunct Faculty Association – Don Morris,
President, expressed appreciation for leadership in support of the referendum
and for the successful efforts of students, faculty, and staff. Don Becker, President-Elect, spoke regarding
the successful referendum, recognized the success of all who participated, and
pledged the support of the Association in the advancement of the college.
·
Classified Employees Association – Judy Doyen,
President, spoke regarding the referendum, employee benefits, Association
activities, and College publications and programs.
·
Full-Time Faculty Senate – Stacey Thompson,
President, spoke regarding the successful referendum and Senate
recommendations.
·
Professional-Technical Employees Association –
Marilyn Lee-Taylor, President, spoke regarding Association activities and
presented a profile of Rica Greenwood, Buyer, Purchasing
Department.
·
Student Government Association – James Neece, President, expressed appreciation and
congratulations for the successful referendum.
He introduced Scott Stewart, new President of the Student Government Assocation, and expressed appreciation for having had the
opportunity to work with Trustees during his tenure as President.
·
Report on Achievements and Recognitions – Dr. Steve Kinslow, Executive Vice President, distributed information and
recognized recent awards/recognitions received by faculty/programs, staff,
students, and
CONSENT AGENDA
Agenda Item
7684
Minutes of the
March 31, 2003, Regular Meeting and April 21, 2003, Board Work Session of the
Austin Community College Board of Trustees
Recommendation: That the Board of Trustees approve
the minutes as presented.
Agenda 7685
Proposed
Approval of Office Supplies Contract with Office Depot
Recommendation: That the Board of Trustees approve the office supplies contract with Office Depot.
Agenda Item
7686
Proposed
Confirmation of Emergency Approval to Exceed $100,000 on ARC Contract
Recommendation: That the Board of Trustees approve the aggregate
expenditures of over $100,000 in Fiscal Year 2003for ARC Abatement Inc.
Agenda Item
7687
Proposed
Approval of Order Designating
Recommendation: That the Board of Trustees approve the
Resolution designating ACC as a “hybrid entity”, meaning the College
provides some specifically covered
service functions (such as dental hygiene services which are planned as part of
the new Dental Hygiene program in the Fall), in addition to “business
associate” coverage such as education of health care professionals.
Agenda Item
7688
Proposed
Revisions to Board Policy B-3, Code of Ethics – Board of Trustees
Recommendation: That the Board of Trustees approve the
proposed revisions to Board Policy B-3, including a statement regarding rules
and guidelines for Board Travel.
Trustee
John Worley requested that Agenda Item 7688, Proposed Revisions to Board Policy
B-3, Code of Ethics – Board of Trustees, be pulled from the Consent Agenda for
discussion.
Allen
Kaplan moved and
MOTION: The Board of Trustees approve
Consent Agenda Items 7684, 7685, 7686, and 7687 as presented.
VOTE: The motion passed on a vote of 7-0.
FOR: Lillian J. Davis, John Hernandez, Allen
Kaplan,
Trustee
Trustee
Barbara Mink was absent from the meeting.
Agenda Item 7688
Proposed Revisions to Board Policy B-3, Code of Ethics –
Board of Trustees
Trustees discussed the proposed
revisions.
Allen
Kaplan moved and Beverly Silas seconded that:
MOTION: The Board of Trustees approve
the proposed revisions to Board Policy B-3, Code of Ethics – Board of Trustees.
VOTE: The motion passed on a vote of 8-0.
FOR:
Trustee
Barbara Mink was absent from the meeting.
*********
B-3. CODE OF ETHICS - BOARD OF TRUSTEES
The Austin Community
College Board of Trustees endorses the following standards of conduct for individual ACC trustees:
[1]
To identify and disclose any actual or potential conflicts of interest, and to
act at all times for the general
public good, regardless of personal friendships, relations, or interests.
[2] To keep
well-informed on board-related issues, and to attend and participate actively
in meetings of the board and its committees.
[3] To treat
others in the college and community with courtesy and respect, even when
critical of their statements or performance.
[4] To encourage and
engage in open and honest discussion in making board decisions, to respect
differences of opinion, and to keep an open mind until everyone has been heard from.
[5] To respect the
board's collective decision process, and to accurately report and explain board
votes and policies.
[6] To carefully
avoid the assertion of board authority or preference as an individual trustee
or in concert with other trustees, other than at official board meetings or as
a result of official board actions.
[7] To respect the
authority and responsibilities of other people within the college, empowering
them to work without interference within the limits of board policy.
[8] To maintain the
confidentiality of privileged information, as outlined in the Texas Open
Records and Meetings Act.
[9] To refrain from
any attempt to influence individual admissions, personnel employment, or purchasing decisions, except
when the decision is an agenda topic at an official board meeting.
[10] To be
scrupulous in requesting only authorized, legitimate reimbursement of
college-related expenses, following
the same rules and guidelines required of
[11] Interact with each other as well as employees,
students, and other citizens in a manner that creates and sustains mutual
respect.
The
agenda was re-ordered.
Agenda Item 7690
Purchase of Real Property/Resolution –
Chair Quintanilla introduced the item and
Ben Ferrell, Vice President, called attention to the Memorandum of
Understanding (MOU) to purchase the Rio Grande Campus property. He stated that the MOU had been approved by
the
MOTION: The Board of Trustees approve a Memorandum of
Understanding (MOU) authorizing the purchase of the
VOTE: The motion passed on a unanimous vote of 8-0.
FOR:
Trustee
Barbara Mink was absent from the meeting.
Agenda Item
7691
Proposed
Amendments to Fiscal Year 2003 Budget
Mr. Quintanilla introduced the item and
Dr. Richard Fonte, College President, provided
information concerning possible State budget funding cuts resulting in a
reduction of $3,171,104 in the current operating budget for Fiscal Year 2003.
MOTION: The Board of Trustees approve the budget amendments
related to the
reductions in State appropriations for Fiscal Year 2003.
VOTE: The motion passed on a unanimous vote of 8-0.
FOR:
Trustee
Barbara Mink was absent from the meeting.
Agenda Item
7689
Selection/Approval
of Construction Contractor/Contract - Eastview
Campus, Phase II,
Mr. Quintanilla introduced the item and
Bronson Dorsey, Associate Vice President for Facilities and Operations,
provided an overview of the Request for Qualifications/Request for Proposals
processes for the Construction Manager-at-Risk, Phase II,
Trustee
Lillian J. Davis moved and
MOTION: The Board of Trustees select
Faulkner/FCI as the Construction Manager-at-Risk for the Phase II,
VOTE: The motion passed on a unanimous vote of 8-0.
FOR:
Trustee
Barbara Mink was absent from the meeting.
Agenda Item
7692
Proposed
Revisions to Board Policy F-2, Prevention of Harassment
Mr. Quintanilla introduced the item and
College Legal Counsel Myra McDaniel distributed revised information. Trustees discussed the policy and proposed
revisions.
Allen
Kaplan moved and
MOTION: The Board of Trustees approve
the all proposed revisions to Board Policy F-2, including changing the title to
Ensuring a Work Environment Free from Harassment and replacing the statement in
the second paragraph of (B): Discrimination
is forbidden.
John
Worley requested a friendly amendment:
FRIENDLY
AMENDMENT to last sentence of (C), Prohibited Actions: “Employees may not supervise or
participate in the hiring of or any personnel decision concerning anyone
with whom they have a sexual relationship.
Mr.
Kaplan accepted the Friendly Amendment.
VOTE:
The motion passed on a vote of 8-0.
FOR:
Trustee
Barbara Mink was absent from the meeting.
**********
F-2. ENSURING A WORK ENVIRONMENT FREE
FROM HARASSMENT
A. Harassment
The College is
committed to providing a workplace free of sexual harassment as well as
harassment based on such factors as race, color, religion, national origin,
ancestry, age, gender, sexual orientation, medical condition, marital status,
disability or veteran status by any person, student, applicant, vendor, or
contractor. Harassment includes verbal,
physical and visual conduct that creates an intimidating, offensive, or hostile
working environment that interferes with work performance. Examples of sexual harassment include sexual advances, and other
verbal or physical conduct of a sexual nature when submission to such conduct
is made either explicitly or implicitly a term or condition of an individual’s
employment or academic credit or interferes with a person’s performance. Racial slurs, ethnic jokes, obscene gestures,
posting of offensive statements, posters or cartoons; or other similar conduct
based on race are examples of prohibited racial harassment.
B. Forbidden Grounds
For Discrimination
Discrimination is
forbidden. The College strongly
disapproves of and will not tolerate discrimination against any employee or
applicant. Access to ACC’s programs and
activities shall not be limited based on race, color, national origin,
religion, marital status, ancestry, age, sex, sexual orientation, veteran
status, political affiliation or disability.
C. Prohibited
Actions
It is the policy of
the College that any practice or behavior that constitutes such harassment or
discrimination is strictly forbidden and may be subject to disciplinary
action. Special attention shall be
placed on the prevention of sexual and racial harassment, and on the prevention
of abuse of positions of authority. Employees may not supervise or participate
in the hiring of or any personnel decision concerning anyone with whom they
have a sexual relationship.
D. Notification Of Rights And Remedies
Employees, students,
and applicants shall be given copies of this policy and a written description
of how to make inquiries or file complaints on this topic, including how to
communicate with the administrator designated by the College President to
coordinate compliance with this policy and anti-discrimination laws such as
Title VII of the Civil Rights Act of 1964, as amended and Title IX of the
Education Act of 1972, as amended. Copies of this policy and instructions for
contacting the compliance Officer shall be prominently posted throughout the
College.
E. Complaints Of Harassment Or Discrimination
A person who feels
that he or she has been harassed or discriminated against in College-related
activities on a basis forbidden by law or policy should promptly report the situation
to the designated Affirmative Action Officer, or alternatively to a counselor, supervisor or
administrator, who shall report the complaint in writing to the Affirmative
Action Officer.
Each complaint filed
shall be taken seriously and investigated promptly, impartially, and with due
respect for confidentiality. Employees are expected to fully cooperate with any
internal investigation. The President shall specify an internal appeals
process, and a written description of it shall be provided to all parties to a
complaint.
Regardless of the
outcome of the investigation, retaliation is prohibited for filing a complaint,
for bringing possibly-inappropriate conduct to the College's attention, or for
assisting in a complaint investigation.
F. Consequences Of Violations
Any employee or
student, regardless of gender or race, found to have engaged in conduct
prohibited by this policy (or by rules adopted by the President in furtherance
of the goals of this policy) shall be subject to disciplinary action, up to and
including dismissal. Also, any person or business found in violation of these
rules may be forbidden from entering College property or conducting business
with the College.
**********
Agenda Item
7693
Discussion of
Proposed Revision of Board Policy B-2, Duties and Responsibilities--Board of
Trustees
Mr. Quintanilla introduced the item and Trustees discussed the proposed
changes. Trustees suggested inclusion in
[3] of a June 30 date for the informal
feedback session. This
item will be included on a future agenda.
Agenda
Item 7694
Proposed New Board Policy G-9, Professional Development and Budget Set-Aside
Mr. Quintanilla introduced the item and
Trustees discussed the proposed policy and suggested changes. This item will be included on a future agenda.
President’s Administrative Report
·
Dr.
Richard Fonte, College President, distributed a
report from the Southern Association of Colleges and Schools on ACC’s recent
self study. He stated that the College
must respond to the recommendations and suggestions by mid-August. The SACS Commission will vote on the
appropriateness of the response at the December meeting, and the accreditation
decision will then be made.
·
Dr. Fonte expressed appreciation to the each Board member,
faculty, staff and students for the work accomplished on the referendum. He said the affirmative vote was one of
confidence in Trustees and in the College.
There was no Executive
Session.
·
Beverly
Watts Davis stated she was named Director of the Center for Substance Abuse
Prevention by the Substance Abuse and Mental Health Services Administration and
would continue to participate in Austin Community College Board meetings.
·
Chair
Quintanilla expressed appreciation and stressed the need to celebrate the
referendum including the many accomplishments and the cooperation of all who
participated.
Meeting Review
Trustees
commented regarding the meeting:
What we did well: it worked; it worked; asked that
the overload pay issue be reviewed; excellent meeting; lot of good information
tonight; good reports from Associations; expressed appreciation to Dr. Fonte for his tireless work on the referendum.
What we can do better: Felt a low point when it was necessary to make
the decision about the contractor--was unhappy with the process, and that
showed, felt badly that company representatives were all standing in the back
while we struggled with it.
Adjournment
Having
no motion before the Board, the May 5, 2003, Regular Meeting of the Austin
Community College Board of Trustees was adjourned at
Approved By
Allen
H. Kaplan, Secretary