MINUTES

Work Session– Board of Trustees

February 21, 2005

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, February 21, 2005, 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: Dr. Barbara P. Mink, Board Chair/Presiding Officer; Mr. John F. Hernandez, Board Vice Chair; Mr. Jeffrey Richard, Secretary; Dr. Lillian J. Davis; Ms. Nan McRaven; Mr. Rafael Quintanilla; Ms. Veronica Rivera; and Dr. John Worley. Trustee Allen H. Kaplan was 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.

Items for Discussion/Possible Action

Agenda Item 8025

Discussion: Matters Related to Conduct of Election, Balance of City of Austin

Dr. Mink introduced the item and Dr. Stephen B. Kinslow, ACC Executive Vice President, and Ms. Linda Young, Special Assistant to the President, called attention to the City of Austin Annexation Fact Sheet and map of annexation implications. Ms. Young responded to questions from Trustees regarding the need for a more definitive map; possible budgetary consideration in the amount of $500,000 for a May 7, 2005, election; timeframe for the election; discussion and presentations within the community regarding the annexation/referendum; expected revenue, tuition reduction for annexed areas, increased enrollments; and cost to Austin Community College. A Proposed Order Calling Special Election To Annex Territory Of The City Of Austin That Is Contiguous To Austin Community College was distributed for review. Dr. Mink stated this item would be included on the agenda for the March 7, 2005, Board meeting.

Agenda Item 8026

Presentation on Refinancing of Bonds

Dr. Mink introduced the item and Ben Ferrell, ACC Vice President, introduced Jorge Rodriguez, College Financial Advisor, Coastal Securities. Mr. Rodriguez distributed information regarding $24,885,000 Combined Fee Revenue Refunding Bonds, Series 2005, and stated the refunding would take advantage of market conditions to replace higher interest funds with lower cost of funds; recent Federal Reserve Board actions have increased short-term interest rates while long-term rates have remained stable, thereby eliminating negative arbitrage, and constitutes legal defeasance of previous debt. He discussed and responded to questions from Trustees regarding: State and Local 20-year bond index – the bond buyer; bonds refunded; a savings summary; and the timeline for selling the bonds. This item will be included on the March 17, 2005, agenda for approval by the Board of form, content, and distribution of the Preliminary Official Statement (POS) and Appointment of Underwriters. He stated this item would then be included on the March 21, 2005, agenda for approval by the Board of Trustees for the sale of bonds. Mr. Rodriguez responded to questions from Trustees.

Agenda Item 8027

Consideration of Request for Short-Term Leave for College President

Dr. Mink introduced the item and stated the Board would recess into Executive Session to consider the request for short-term leave without pay by Dr. Robert Aguero, College President.

Executive Session

The Austin Community College Board of Trustees recessed into Executive Session at 6:40 p.m. to consult with legal counsel related to personnel matters, including the President’s request for short-term leave without pay as permitted by Texas Government Code Section 551.074. Dr. Mink stated no final action would be taken in Executive Session.

Reconvene

The Austin Community College Board of Trustees reconvened in public session at 7:30 p.m. pursuant to Government Code 551.

Agenda Item 8027

Consideration of Request for Short-Term Leave for College President (continued)

Board Secretary Jeffrey Richard moved and Trustee Rafael Quintanilla seconded that:

MOTION: The Board of Trustees grant Dr. Robert Aguero, at his request, an unpaid leave of absence for the period of February 21-April 11, 2005, with the understanding that he would return to work as soon as practicable but not later than April 11, 2005.

VOTE: The motion passed on a unanimous vote of 8-0.

FOR: Dr. Lillian Davis; Mr. John Hernandez; Dr. Barbara Mink; Ms. Nan McRaven; Mr. Rafael Quintanilla; Mr. Jeffrey Richard; Ms. Veronica Rivera; and Dr. John Worley.
AGAINST: None.

ABSTAINING: None.

ABSENT: Trustee Allen H. Kaplan

Dr. Mink stated that Dr. Aguero had indicated earlier that, if his request for leave was approved, Dr. Stephen B. Kinslow, ACC Executive Vice President, be appointed as the administrator in charge of the College in Dr. Aguero’s absence. Therefore, Dr. Kinslow’s appointment was effective on Monday, February 21, 2005, and would continue until April 11, 2005. Dr. Mink stated that the Board looked forward to Dr. Aguero’s return following his short-term absence to carry on the agenda of the College and to move the College forward.

Agenda Item 8028

Policy Review Discussion

Dr. Mink introduced the item and called attention to the proposed revisions to Board policies. Dr. Mink stated the Board would also review proposed policy revisions at the March 7, 2005, and March 21, 2005, meetings and no action would be taken by the Board of Trustees on any proposed policy revisions until the April 4, 2005, Board meeting.

She advised that the Board would review the revisions proposed by the Administration and discuss any revisions proposed by Trustees during the meeting. She stated that any representatives of College organizations and recognized affiliates in attendance at the meeting would then be asked for comments.

Dr. Mink called attention to the need to revise the order for consideration of Board policies. She indicated that Board Policies F-10, Employee Compensation; E-6, Investments; and A-4, Tuition Rates, would be reviewed by the Board at the current meeting. Dr. Mink suggested that proposed policy revisions to Group B, Board Operations, and Group G, Budgeting, would be considered at the March 7, 2005, Board meeting. Proposed policy revisions to Group E, Planning and Evaluation, and Group F, Personnel, would be considered at the March 21, 2005, Board Work Session. Proposed policy revisions to Group A, Results to be Produced, could be considered at either of the meetings. Proposed minor revisions to Board policies would be reviewed following the suggested substantive revision process.

Trustees John Worley and Barbara Mink requested that Board Policy C-4, Internal Employee Organizations, be included in the Board’s policy review for “substantive” changes.

Trustees discussed: the history of Board Policy F-10, compensation goals/set-asides/surveys, and suggested revisions including the addition of values statements; Board Policy E-6; and Board Policy A-4, including the proposed deletion of “{2]. . . except that any year-to-year increase in the differential shall be no more than $3 per credit hour” and possibly adding a values statement. Dr. Mink stated the Administration would incorporate the changes suggested by Trustees during the current meeting into the next draft of the policy revisions.

Larry Willoughby, President, Full-Time Faculty Association; John Herndon, President, Adjunct Faculty Association; Linda Morrison, President, Association of Professional-Technical Employees; Sue Bloodsworth, President, Classified Employees Association; and Terry Thomas, President, ACC/AFT, provided comments regarding the proposed revisions to Board policies.

Announcements

There were no announcements.

Adjournment

Having no motion before the Board, the February 21, 2005, Work Session of the Austin Community College Board of Trustees was adjourned at 9:15 p.m.

Approved By

Jeffrey Richard, Secretary