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 Monday, October 4, 2004, at 6:03 p.m. in the Board Room
(201) of the Highland Business Center of Austin Community College located at
5930 Middle Fiskville Road, Austin, Texas, with the
following members present: Dr. Barbara P. Mink, Chair/Presiding Officer; Mr.
John F. Hernandez, Board Vice Chair; Mr. Jeffrey Richard, Secretary; Mr. Allen
H. Kaplan; Ms. Nan McRaven [arrived at 6:08 p.m.];
Ms. Veronica Rivera; and Dr. John Worley.
Trustees Lillian J. Davis and Rafael Quintanilla were absent from the
meeting.
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
Dr.
Gerry Tucker, Associate Vice President for Human Resources, introduced Ms. Soon
Merz, Associate Vice President, Office of
Institutional Effectiveness.
Citizens
Communication
·
Mr. Mark Goodrich, President, ACC/AFT, stated October was his last
month as President of the Association and spoke regarding activities during the
past year and future activities.
Reports from
Associations
·
Adjunct Faculty Association – Mr. John Herndon, President, introduced
Ms. Kitty Henderson, Vice President of the Adjunct Faculty Association, and
spoke regarding activities for Fiscal Year 2005 and compensation.
·
Classified Employees Association – Ms. Sue Bloodsworth,
President, spoke regarding Association activities.
·
Dr. Larry Willoughby, President, Full-Time Faculty Senate – provided an
update of Association activities.
·
Professional-Technical Employees Association – Mr. Jerry
North, President-Elect, discussed Association activities.
·
Student Government Association – Mr. James “Levi”
Barnes, President, spoke regarding Association activities.
Reports
to the Board
·
Report on Achievements and Recognitions – Dr. Stephen
B. Kinslow, Executive Vice President, presented the
Kudos Report and called attention to recent awards/recognitions received by
faculty/programs, staff, students, and
·
Financial Report – August 2004 – Mr. Ben
Ferrell, Vice President for Business Services, called attention to the August
2004 financial report noting that the College would have a positive balance of
revenues versus expenditures for the Fiscal Year 2004 and would meet the
expectations of the Cash Reserves Board Policy G-6 or the corrective action
plan requirements. Mr. Ferrell responded
to questions from Trustees including: a
net surplus/revenue; unrestricted net assets; enrollment declines; estimate of
growth; senior citizens’ exemption/tuition waiver; lapse salary adjustments;
accrual of interest on revenue bonds and general obligation bonds;
CONSENT
AGENDA
Chair Mink
introduced the Consent Agenda:
Agenda
Item 7980
Minutes
of the
Recommendation: That
the Board of Trustees approve the Minutes as
presented.
Trustee Rivera requested Agenda Item 7980 be pulled for a
correction to the minutes of the
Trustees
MOTION: The Board of Trustees approve the minutes of
the September 7, 2004, Special Board Meeting; September 7, 2004, Regular Board
Meeting; September 20, 2004, Special Board Meeting; and September 20, 2004,
Board Work Session, as corrected.
VOTE: The motion passed on a unanimous vote of 7-0
FOR: Mr. John F. Hernandez; Mr. Allen H. Kaplan;
Ms. Nan McRaven; Dr. Barbara P. Mink; Mr. Jeffrey K.
Richard, Ms. Veronica Rivera; and Dr. John B. Worley.
AGAINST: None.
ABSENT: Trustees Lillian J. Davis and Rafael
Quintanilla
Agenda
Item 7981
Expenditures
in Excess of $100,000
Recommendation: That
the Board of Trustees approve a list of vendors
projected to have expenditures over $100,000 in FY05.
Trustee Jeffrey Richard requested Agenda Item 7981 be
pulled for discussion. Mr. Ben Ferrell;
Mr. Gilbert Rodriguez, Purchasing Manager; and Mr. Roy Mosier, Buyer,
Information Technology, responded to questions from Trustees including: recurring contracts; contract for SHI
Government Solutions; and the $450,000 for International Schools -
Trustees Jeffrey
Richard moved and
MOTION: The Board of Trustees approve
the list of vendors projected to have expenditures over $100,000 in FY05.
VOTE: The motion passed on a unanimous vote of 7-0
FOR: Mr. John F. Hernandez; Mr. Allen H. Kaplan;
Ms. Nan McRaven; Dr. Barbara P. Mink; Mr. Jeffrey K.
Richard, Ms. Veronica Rivera; and Dr. John B. Worley.
AGAINST: None.
ABSENT: Trustees Lillian J. Davis and Rafael
Quintanilla
Agenda Item
7982
Renewal of
Resolution on Advisory Committee for Finance and Budget and Approval of
Appointees for Fiscal Year 2005
Chair Mink introduced the item and Mr. Ben Ferrell provided information regarding renewal of Resolution 7598 supporting the continuance of the Citizens’ Advisory Committee for Finance and Budget and proposed appointees to the Committee for Fiscal Year 2005.
Trustees Allen Kaplan moved and John Worley
seconded that:
MOTION:
The Board of Trustees renew Resolution 7598
supporting the continuance of the Citizens’ Advisory Committee for Finance and
Budget, and approve the appointees for FY 2005.
Trustee Rivera requested Friendly
Amendments to the Motion:
FRIENDLY AMENDMENTS:
§
Include
in the Purpose statement of the
renewal Resolution: “(4) This Committee will
provide a report of its work at least annually for discussion by the Board.”
§
Include
as a last sentence under Membership and
Chair: “If a vacancy occurs, the
Trustee that appointed the member will appoint another member to the Committee
for the unexpired term within 30 calendar days after the vacancy occurs.”
§
Insert a
category in Resolution: “Rules and Procedures. The Committee shall adopt its own rules and
procedures including but not limited to attendance, meeting format, conflict of
interest provided that such do not conflict with Board of Trustees policies.”
§
Change Terms of
Committee to read: “And this is
established by resolution, this Committee will dissolve in one year from the
date this Resolution in adopted.”
Trustee
Rivera stated one of these rules could possibly deal with absenteeism and
removal of a Committee member. Trustees
discussed guidelines for College advisory committees and the attendance expectation
of Committee members;
Trustees Kaplan
and Worley accepted the Friendly Amendments.
Jeffrey Richard
requested a Friendly Amendment:
FRIENDLY
AMENDMENT: That the Board of Trustees
add a new section to the Resolution concerning the budget for the Committee to
do its work.
Trustees discussed Mr. Richard’s a proposed Friendly
Amendment.
Mr. Richard
withdrew hispProposed Friendly Amendment.
Trustees
discussed the need for this item to be included on a future agenda for
discussion of the items to be reviewed by the Committee and whether the
committee to be increased by three members appointed by Board Officers, as
earlier discussed.
VOTE: The motion, as amended, passed on a unanimous
vote of 7-0.
FOR: Mr. John F. Hernandez; Mr. Allen H. Kaplan;
Ms. Nan McRaven; Dr. Barbara P. Mink; Mr. Jeffrey K.
Richard, Ms. Veronica Rivera; and Dr. John B. Worley.
AGAINST: None.
ABSENT: Trustees Lillian J. Davis and Rafael
Quintanilla.
**********
Resolution 7982
(Renewal of Resolution 7598)
Citizens’ Advisory Committee on Finance and Budget
The Board hereby establishes a Citizens’ Advisory Committee on Finance and Budget.
This committee will (1) evaluate the quality and accuracy of the economic and financial analyses that the administration provides to the Board through the Master Plan, (2) examine the College budget for possible ways to reduce expenditures and increase revenue, taking into account the recommendations of the Internal Budget Committee and the State Comptroller’s Office, (3) examine any additional economic or financial analyses of substantial financial impact that the administration provides to the Board if the Board votes to refer any such set assumptions to the committee for their review and (4) This Committee will provide a report of its work at least annually for discussion by the Board.
Each Trustee may appoint one person to the committee. The Board Chair will appoint the chair of the Committee. If a vacancy occurs, the Trustee that appointed the member will appoint another member to the Committee for the unexpired term within 30 calendar days after the vacancy occurs.
Rules and Procedures. The Committee shall adopt its own rules and procedures including but not limited to attendance, meeting format, conflict of interest provided that such do not conflict with Board of Trustees policies.
Procedure for referring an
economic or financial analysis to the Committee:
(1) If a Trustee submits a request for a Committee review of an economic or financial analysis to the Board Chair by the seventh day before a Board meeting, the request must be put on the Board agenda for discussion.
(2) If a Trustee, either in a written message sent to the Board Chair (and copied to all Board members) before the meeting at which the request for review is posted or at that meeting, asks that the request for review of the financial or economic analysis be put to a Board vote, the issue will be put on the agenda of the next regular or specifically-called meeting for a vote. If no Trustee asks for a vote in this manner, the request for review of the economic or financial analysis will be referred to the Committee. If a Trustee asks for a vote in this manner, five Board members must vote for referral to the Committee for a request for review to be referred.
(3) When a request for review has been referred to the Committee, the Board Chair will transmit the request for review to the Chair of the Committee. The Chair of the Committee will then convene the Committee to discuss how the request for review will be handled.
(4) If the Committee is of the opinion that its workload will not permit immediate review of all the economic or financial analyses referred to it by the Board, it may accordingly prioritize or decline Board referrals.
And this is established by resolution, this Committee will dissolve in one year from the date this Resolution in adopted. (See Policy B-1[2].)
Adopted by the Austin Community College Board of Trustees on this _______ day of October, 2004.
Barbara Mink, Board Chair
Attest:
Jeffrey Richard, Board Secretary
***********
FY05
Advisory Committee on Finance and Budget
|
Trustee: |
Appointee: |
|
Jeffrey Richard |
Kimberly Edwards
Executive Director TX Public Finance Authority |
|
Lillian Davis |
Pete Palazzari
IBM Site Senior Location Mgr. |
|
John Hernandez |
Gilbert Zamora
State Comptroller’s Office Retired |
|
Allen Kaplan |
Antoinette (Toni) Hunter
Attorney |
|
|
Bob Rutishauser
WorkSource |
|
Barbara Mink |
Kathryn Schwerdtfeger CPA |
|
Rafael Quintanilla |
Richard Borchard
Judge |
|
Veronica Rivera |
Dolores Gonzalez
Banker, Wells Fargo Bank |
|
John Worley |
Hunter Ellinger
Former ACC Trustee |
*********
Trustee Jeffrey Richard introduced his Committee appointee,
Ms. Kimberly Edwards, Executive Director, Texas Public Finance Authority.
Agenda Item
7983
Board Policy
B-8, Removal of Trustees
Dr. Mink introduced the item. Dr. Robert Aguero,
College President, provided information regarding the proposed new policy and
called attention to the revisions to the proposed policy submitted by Trustee
John Worley. Dr. Aguero
discussed the revisions and stated that the proposed revised Board Policy B-8,
Removal of Trustees, would meet the requirements for removal of members of the
governing board for just cause and with due process.
Trustees John
Worley moved and Allen Kaplan seconded that:
MOTION: The Board of Trustees adopt
a new Board Policy B-8, Removal of Trustees.
VOTE: The motion passed on a unanimous vote of 7-0
FOR: Mr. John F. Hernandez; Mr. Allen H. Kaplan;
Ms. Nan McRaven; Dr. Barbara P. Mink; Mr. Jeffrey K.
Richard, Ms. Veronica Rivera; and Dr. John B. Worley.
AGAINST: None.
ABSENT: Trustees Lillian J. Davis and Rafael
Quintanilla
Dr. Mink expressed appreciation to the Board for passing
the policy and stated it would be included in the report to the Southern
Association of Colleges and Schools (SACS).
***********
Proposed New Board Policy
B-8, Removal of Trustees
In accordance with the SACS Principles of
Accreditation regarding Trustee expectations and with applicable
Under Texas law, trustees may be
removed from Board membership for incompetency, official
misconduct, intoxication on or off duty caused by drinking an alcoholic
beverage (but not if it was caused by drinking such beverage on the directions
and prescription of a licensed physician) or conviction by a jury for any
felony or for misdemeanor official misconduct). “Official misconduct”
includes conviction for an offense relating to a violation of purchase
procedures. Actions for removal of Board members must be brought before
the judge of the district court having jurisdiction, except that any court
convicting a trustee of a felony or official misconduct must order
removal.
After due process, including
notice of specific charges and an opportunity for the accused trustee to answer
them, the Board, if it finds just cause under
**********
RECESS
The
Board of Trustees recessed for a break at
RECONVENE
Agenda Item
7984
Organizational
Performance Evaluation/Auditing
Dr. Mink introduced the item. Dr. Stephen B. Kinslow stated Austin Community College was committed to the concept of continuous quality improvement and, through Board Policy E-4, Organizational Performance Evaluation/Auditing, and administrative practice, seeks to measure its organizational effectiveness through a variety of assessments including: internal surveys regarding the effectiveness of all organizational units, as well as reports from the Internal Auditor and the annual External Auditor’s Report. He advised that the results of the assessments are incorporated in the Colleges U-LEAD system and form the basis of institutional improvement efforts.
Dr. Kinslow introduced Nancy Jokovich, Manager, Quality Initiatives, and Chair of the College’s Quality Initiatives Committee, and provided information on the Internal Customer Survey, including background, survey administration, data, cautions regarding use of the data, evolution of use of Internal Customer Survey, and the Goals For Internal Customer Survey. He discussed Trend Data to Date: College-wide Level of Satisfaction 2001-2004, Neutral and Dissatisfied and Data by Cluster Group Sorted by Level of Dissatisfaction, 2001-2004. He called attention to the Highly-used College-wide Offices/Services: Comparison of Spring 2003 and 2004 Ratings of “Overall Quality”.
Mr. Imad Mouchayleh, Internal Auditor, discussed the Annual Audit Plan for Fiscal Year 2005. He stated that some of the items were currently in progress and others were new items. Mr. Mouchayleh and Dr. Aguero responded to questions from Trustees regarding: the order or priority for areas to be audited; staff resources to perform the entire work plan; statute of undocumented high school students which graduate from Texas high schools; and whether the information provided to President Aguero should include the order of priorities, additional objectives or scope of work, and the timeframe.
Dr.
Mink stated the need to include quarterly Internal Audit Reports on the Board
Calendar/Work Plan. She asked Trustees
to provide Dr. Aguero with any additional
suggestions, reflections, and comments.
Mr. Ferrell provided a status report on the External Auditor’s Fiscal
Year 2003 Recommendations provided in the management letter including: Capital Assets Inventory; Reconciliation of
Accrued Liabilities; Procedures for Capital Projects; and Board Travel
Policies. Mr. Ferrell responded to questions from Trustees including: whether the Fiscal Year 2003 recommendations
were addressed satisfactorily; any areas that the Board needed to review in
terms of the External Audit; the expected date of receipt of the Fiscal Year
2004 management letter; whether this was the last year of the contract with the
current audit firm and when an RFP would be issued for the External Auditor
firm; Capital Projects, Eastview Phase I project and
the Guaranteed Maximum Price (GMP); whether the President anticipated a
threshold by which change orders would be reported to the Board for
information; whether these would be the responsibility of the Internal Auditor
or if a monitor for some of the projects would be employed; GMP should be
followed for the South Austin Campus, Cypress Creek Campus Expansion, and Rio
Grande Campus; and at what point change orders would be reported to the Board for
approval; suggested that this be included in the policy review process. Regarding Board Travel, Trustees inquired
regarding what was required of employees concerning the turnaround time for
reimbursement, whether the one instance beyond adoption of the Board travel
policy was also the largest dollar amount of the violation, and what should
happen currently.
The Chair was commended for enforcement of the Board travel policy.
President’s Administrative Report
§
Dr. Aguero provided an
update on enrollment. He stated that on
§ Dr. Aguero stated he had received a recent report from the Southern Association of Colleges and Schools (SACS), but was not prepared to release it at this time since the report was still in draft format. He said there would be one recommendation, which was the Removal of Trustees, and the policy was passed at the current meeting. He stated that it was a very positive report and would be released as soon as the official report was provided by SACS.
There was no Executive
Session.
Announcements
§
Trustee Rivera asked if there was a report on
the Hiring of Faculty Report. She noted
the number of minorities hired for the Fall Semester, expressed her concern,
and encouraged the President to increase diversity in the faculty.
§
Mr. Richard announced that a number of
educational institutions would host a non-partisan state legislators
debate at the Austin ISD Main Auditorium on
§
John Hernandez stated the deadline for the
Employee Golf Tournament at the Riverside Campus would be October on Thursday
and asked for any teams who wished to play to submit the team names by the deadline.
§
Dr. Mink stated Trustees Kaplan and Quintanilla
and Legal Counsel Myra McDaniel would attend the Association of Community
College Trustees meeting in
Meeting Review
Dr.
Mink stated that the Quick Meeting Report would be handled on a quarterly basis
during Work Sessions. Therefore, no
Meeting Review would occur at the
Adjournment
Having no motion before the Board, the
October 4, 2004, Regular Meeting of the Austin Community College Board of
Trustees was adjourned at
Approved By
Jeffrey Richard, Secretary