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, April 7, 2005, at 6:02 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; Dr. Lillian J. Davis; Mr. Allen H. Kaplan; Ms. Nan McRaven [arrived at 6:15 p.m.]; Mr. Rafael Quintanilla; and Ms. Veronica Rivera. Trustee John Worley 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.
Recognitions
·
There were no new employees recognized.
·
Report on Achievements and Recognitions – Ms. Gerry
Tucker, Associate Vice President, presented the Kudos Report and called
attention to recent awards/recognitions received by faculty/programs, staff,
students, and
Citizens
Communication
·
Terry Thomas, ACC/AFT Local 6249, spoke
regarding shared governance, the presidential search process, Board Policies
F-10 and C-4, and support for the upcoming All-of-Austin election.
·
Guadalupe Sosa, citizen, spoke regarding the
resignation of President Robert Aguero and support
for the election.
·
Mark Goodrich, ACC/AFT, spoke regarding the
All-of-Austin election.
Reports from
Associations
·
Adjunct Faculty Association – Mr. John Herndon,
President, spoke regarding Dr. Aguero’s resignation;
compensation and placement scale for adjunct faculty; and the upcoming general
membership meeting of the Adjunct Faculty Association on Friday, April 8, 2005,
4 p.m., at the Eastview Campus.
·
Classified Employees Association – no report was
presented.
·
Full-Time Faculty Senate – Mr. Larry Willoughby,
President, spoke regarding Board Policy C-4[6] and F-10[11] set-asides; support
for tuition vouchers for employees and immediate family members; International
Programs Committee meetings; and a motion from the Full-Time Faculty Senate expressing
appreciation and best wishes to President Robert Aguero;
expressed appreciation to Dr. Steve Kinslow for his
cooperation, communication, and guidance during the past year; and advised
Professor Linda Welch will be the President-Elect for the coming year.
·
Professional-Technical Employees
Association – Ms. Linda Morrison, President, spoke regarding Dr. Aguero’s resignation; distributed a survey with comments
regarding ACC health insurance coverage and employee tuition vouchers; and a
May 6 meeting of the Association.
·
Student Government
Association – Mr. Michael
Sanchez, Director of Communications for Student Government, expressed
appreciation to Dr. Steve Kinslow, Gerry Tucker, and
Ben Ferrell for attendance at Association’s recent meeting, and thanked Dr. Aguero for his service to
President’s Administrative Report
Dr. Steve Kinslow, Executive Vice
President and Administrator-In-Charge, stated a report would be presented at
the
Reports
to the Board
Financial Report – February 2005
Mr. Ben Ferrell,
Vice President for Business Services, called attention to the February 2005
Financial Statement noting:
·
a 1.7% increase in Spring 2005 enrollments with tuition
projected to be approximately $500,000 above original projections; and
·
FY05 revenues were under budgeted by $1.3 million and
expenses were under budgeted by $1.8 million; therefore, the FY05 budget
projects approximately $500,000 Revenues over Expenses.
Monthly
Construction Update
Mr. Ferrell
provided a Facilities Update regarding implementation of multiple construction
and renovation projects pursuant to master planning efforts at the Eastview Campus- Health Sciences Building ($15,450,000); Eastview Campus – Environmental Testing; South Austin
Campus ($21,500,000); Cypress Creek
Campus Expansion ($25,000,000); Northridge Parking Lot ($580,000); Pinnacle
Parking Lot ($650,000); Rio Grande Campus ($33,950,000); San Marcos/Hays
County; Riverside Zoning; Riverside Renovations; and Northridge Student
Services Renovations.
Mr. Ferrell
responded to questions from Trustees regarding increased enrollments versus room
needs; larger classrooms; space and timing of room usage; variance of salaries
for hourly employees; and a needed report on the Pinnacle Campus Parking.
CONSENT
AGENDA
Chair Mink introduced the Consent Agenda:
Agenda
Item 8042
Proposed
Approval of Minutes of the
Recommendation: That
the Board of Trustees approve the minutes as
presented.
Agenda
Item 8043
Proposed
Approval of CB Richard Ellis for Real Estate Services at
Recommendation: That
the Board of Trustees approve CB Richard Ellis, Inc.,
to perform time sensitive real estate services necessary at the
Agenda
Item 8044
Proposed Approval of Revisions to
Board Policies: B-2, Duties and
Responsibilities, Board of Trustees; B-3, Code of Ethics – Board of Trustees;
B-4, Board of Trustees Bylaws; B-5, Policy Development and Revision; B-6,
Monitoring Policy Compliance; B-7, Board Advisory Committees; C-4, Internal
Employee Associations; E-1, Master Planning; E-2, Provision of College
Facilities; E-4, Organizational Performance Evaluation/Auditing; E-5, Review of
Instructional Programs; E-6, Investments; F-1, Equal Employment Opportunity;
F-5, Employee Placement/Advancement; F-9, Employee Benefits; G-1, College
Budget; G-3, Reimbursements; and G-7, Property Taxes
Chair Mink introduced the Consent Agenda.
Trustee Nan McRaven requested
that Board Policy G-7, Property Taxes, be pulled for discussion of historical
land properties.
Trustee Allen Kaplan noted Trustee John Worley’s request to
delay discussion and approval on several Board Policies. Mr. Kaplan and requested that Board Policies
B-3, Code of Ethics – Board of Trustees; B-6, Monitoring Policy Compliance;
F-5, Review of Instructional Programs; and G-7, Property Taxes, be removed from
the Consent Agenda and discussed at a later date to allow input from Trustee Worley.
Trustee Veronica Rivera requested that Board Policies G-1,
College Budget, and C-4, Internal Employee Associations, be pulled for
discussion.
Trustees
MOTION: That the Board of Trustees approve:
·
Consent Agenda Item 8042, Minutes of March 7, 2005, Regular
Meeting, Minutes of the March 21, 2005,
Special Meeting, and Minutes of the March 21, 2005, Work Session of the Board
of Trustees of Austin Community College
·
Consent Agenda Item 8043, CB Richard Ellis for Real Estate
Services at
·
Consent Agenda Item 8044, to include revisions of Board
Policies: B-2, Duties and
Responsibilities, Board of Trustees; B-4, Board of Trustees Bylaws; B-5, Policy
Development and Revision; B-7, Board Advisory Committees; E-1, Master Planning;
E-2, Provision of College Facilities; E-4, Organizational Performance
Evaluation/Auditing; E-5, Review of Instructional Programs; E-6, Investments;
F-1, Equal Employment Opportunity; F-9, Employee Benefits; and G-3,
Reimbursements.
VOTE: The motion passed on a unanimous vote of 8-0.
FOR: Lillian J. Davis, John F. Hernandez, Allen H.
Kaplan,
AGAINST: None.
ABSENT: Trustee John Worley.
*Trustee Rivera requested that she be shown as not voting
on Agenda Item 8042, Minutes of March 21, 2005, Special Board Meeting, and
March 21, 2005, Board Work Session, since she was absent from these meetings.
B-2. DUTIES AND RESPONSIBILITIES, BOARD
OF TRUSTEES
Value Statements
•
The Board of Trustees recognizes its responsibility to function as a
whole, and to communicate as an entity.
•
The Board recognizes its responsibility to advance the
•
The Board will be diligent in developing policies which guide effective
usage of limited resources.
The Board of Trustees has the
responsibility for formulating public policy for the operation of the Austin
Community College District. It functions as the legislative and policy-making
body charged with the governance and control of activities within the College
District. The formulation and adoption of written policy is the basic method by
which the Board exercises its leadership in the operation of the College
District. The Board delegates to the President of the College the function of
specifying required actions and designing the detailed arrangements under which
the College will be operated. The Board maintains and supervises the College by
evaluating information and recommendations concerning implementation of its
policies. The general responsibilities of the Board are:
[1] To adopt and periodically review a
statement of philosophy that clarifies basic educational beliefs and
educational responsibilities of the College for the community.
[2] To determine the quality of professional
presidential leadership
needed to carry out the philosophy and objectives of the College.
[3] To select and appoint the President
of the College, and provide a formal annual performance evaluation based
primarily on the effectiveness of the implementation of Board policies. An
informal feedback session will also be provided the President during each summer
quarter year.
[4] To establish the policies necessary
for supporting operations of the College District.
[5] To review and take appropriate
action on matters relating to maintain
a current Master Plan to guide use of College resources, including site
and facilities development.
[6] To provide ways and means of
financial support, approve the annual budget, and review and approve
expenditures as provided in College policy.
[7] To approve courses and programs of
study that support community needs.
[8] To require and review appropriate
administrative reports.
[9] To consider inquiries and
requests from citizens and organizations serve as a linkage to the community and local college tax payers
on matters of policy, fiduciary responsibilities, strategic direction, and
other items of public concern affecting the College District.
[10] To serve as a final adjudicating
agency for students, employees, and citizens of the
[11] To bear the legal responsibility
for all aspects of the operation of the College District.
[12] To choose its officers and
advisors, and to plan its own activities and priorities.
[13] To develop an annual professional
development plan for Board members. The
Board will annually adopt a professional development plan for all trustees,
with the Board Chair having the authority to approve the actual expenditures
and request for reimbursements of individual trustees.
[14] To evaluate annually its own
performance. This will include a formal
assessment of Board strengths and weaknesses with the identification of
measurable action plans, the completion of which will be monitored by the Board
Chair.
B-4. BOARD OF TRUSTEES BYLAWS
Value Statements
•
The Board of Trustees values open communication
and consideration of multiple perspectives which may impact district policy and
allocation of public resources.
•
To facilitate open and effective communication, the Board and President
will work conscientiously to construct substantive board agendas and to conduct
meetings in an open, collaborative, and orderly manner.
1. General
Delegation of Authority for Board Procedure
The Board Chair shall decide any
questions of Board procedure that are not addressed by, or that require
interpretation of, law, Board policy, or specific Board resolutions.
2. Board
Officers
The Board shall elect from among its
members a Board Chair, who shall (1)
preside over Board meetings and (2)
in coordination with the College President, prepare the Board meeting agenda
shall coordinate policy-development activities and (3) coordinate the Board-President relationship, and (4) serve as ceremonial spokesperson for
the Board; a Board Vice-Chair, who shall coordinate the
community-linkage activities of the Board and shall preside in the absence of
the Board Chair; and a Board Secretary, who shall oversee and certify the
records of the Board and shall coordinate monitoring of compliance with
Board policy coordinate policy
development activities. These officers shall be elected at the first
Board meeting after a Trustee election is completed, a year later, and when a
vacancy in an office exists or is created by Board vote. No trustee may serve
in the same office for more than two of any four consecutive years.
3. Board
Meetings
3.1 Official
meetings of the Board, including specially-called meetings, can be called,
within the notification limits imposed by law, by the Board Chair or by any
three Trustees. The Board shall not take immediate action on a topic (i.e., a
final vote on a topic at the first meeting at which it is presented to the Board or discussed or at other than the
regular meeting of the month or a recessed continuation) unless taking
immediate action is necessary to benefit the College. However, although a
change to Board policy may be adopted at a meeting other than the regular
meeting of the month, the change must, without exception, have been discussed
at a prior meeting. The President and
Board Officers must use best efforts to ensure that items will not be brought
to the Board for immediate action unless they could not reasonably have been
discussed at an earlier meeting and/or scheduled for a final vote at the first
regular meeting of the month.
3.2 The College
President and Board Chair shall develop proposed agendas for Board meetings in
accordance with priorities set by the Board, with final authority on what is
included in the agenda and agenda packet resting with the Board Chair. A motion
to place an item on a particular future agenda shall, at the request of any trustee,
be placed on the next agenda for determination by
Board vote. The College President shall cause all Trustees to be sent the
agenda and all supporting materials at least 5 days before the meeting, and
shall cause all required legal postings of Board meetings. Only subjects on the
agenda shall be considered at a meeting.
3.3 Robert's
Rules of Order shall be used to conduct meetings of the Board and its
committees, subject to these bylaws and applicable law. Final approval of any
non-procedural motion requires affirmative votes in a public session from a
majority of the full current membership of the Board. For procedural motions,
amendments, and committee votes, the majorities required by Robert's Rules of
Order shall be of members present and voting.
3.4 The College
President shall cause to be kept all legally-required records of Board
meetings. Minutes of the full Board shall accurately reflect the actions taken
by the Board and the vote of each Trustee on those actions. When approved by
the Board and signed by the Secretary, the minutes shall become the official
record of a meeting. The Secretary shall have authority over how the decisions
and activities of the Board are presented by the College.
3.5
The President and appropriate staff designated by the President shall
have the right to be present at all executive sessions of the board unless the
session is specifically to evaluate the President’s performance and employment
contract, and only if said issue is properly disclosed under state law
on the board agenda.
3.6 Requests of Information: Requests from trustees for information may be
made only to the President, coordinated through the Board Chair.
B-5. POLICY DEVELOPMENT AND REVIEW
Value Statements
•
The Board of Trustees respects delineation of responsibilities for itself
and for the president of the College.
•
The governing board will conscientiously develop policy to represent the
best interests of the public and ensure that internal and external
constituencies’ perspectives are considered.
The Board of
Trustees has responsibility for formulating policy for the operation of the
College. Accordingly:
[1] Division of
responsibility: The governance activities of the College shall
maintain a clear distinction between:
[a] strategic,
values-based policies, which are the responsibility of the Board of Trustees,
[b] administrative
rules for employees to follow in implementing College policies, which are the
responsibility of the President, and
[c] specific
tactical decisions made in operating the various sectors of the College, which
are the responsibility of various operating units, structures, or positions
designated by the President.
[2] Policy
development and review:
In accordance with the policy-governance
model of Board operation, the Board itself will set its agenda for policy
development and review, based on its analysis of the strategic needs of the
College after internal and external consultation, including consideration of
any areas of policy development or revision suggested by the President,
employee associations, community, or students. This policy agenda shall be
updated twice a year, and the Board shall conduct a comprehensive review of its
policies for relevance, clarity, and appropriateness each biennium.
The Board Chair Secretary has primary
responsibility for coordination of the policy-development activities of the
Board, and but the Board Chair
shall act, with the assistance of the President, to ensure that the policy
topics identified as important by the Board are scheduled for consideration,
that employee associations are notified of policy-development activities in a
timely manner, and that appropriate supporting information is provided.
Policy-consideration procedures shall provide each trustee opportunities to
include alternative provisions in the agenda materials, with preliminary
selection by Board vote of which, if any, of the competing provisions will be
used as the basis for final consideration and amendment.
[3] Discussion
of policy proposals:
Proposed policy changes shall be placed
on the agenda for discussion at one or more Board meetings prior to that at
which adoption is voted on. College legal counsel shall report on any
significant legal implications of policy proposals. The President shall report
on significant educational, operational, fiscal, or administrative implications
of policy proposals, including feedback provided via internal shared-governance
structures. Direct advice to the Board on policy is also appropriate from
interested groups or individuals, including employee associations.
B-7. BOARD ADVISORY COMMITTEES
Value Statements
•
The Board recognizes that external expertise in designated areas may
benefit the Board’s development, revision, or monitoring of compliance with
policy.
•
The Board recognizes that providing clearly defined charges and
operating guidelines will enhance the effectiveness of external committees.
Board committees consisting of
non-Trustees may be established by the Board to advise it on specific issues.
The role of Board advisory committees is to collect, sort, and evaluate
information and to identify options for Board decision. Board appointed committees are encouraged to follow Roberts Rules of
Order or other committee-agreed upon procedures, to ensure that committee
recommendations reflect equal opportunities for input and group consensus. Such committees shall not deal with issues
for which there is no basis in policy for Board involvement. The College
President shall meet reasonable committee requests for information and
assistance, with the mediation of the Board Vice-Chair in resolving any
disputes.
The Board shall each summer, and at
other times as needed, decide on the extent and nature of the topics for
which it wishes to use the advisory-committee mechanism. After considering
suggestions from trustees, the President, and other interested groups, the
Board Chair shall recommend for Board consideration a chair, membership, term,
and charge for each such committee.
E-1. MASTER PLANNING
Value Statements
•
The development and periodic review of a Master Plan will be used to
guide College Operations.
•
Board Policies and intended outcomes will be aligned with Master Plan
Priority Statements and Presidential Priorities.
The President shall develop, in document
form, for biennial annual
review and approval by the Board of Trustees, a comprehensive College
Master Plan that encompasses the needs of the entire institution with specific
attention given to educational instructional
programs, support services, capital equipment/technology, facilities, staffing,
and, financial, and physical development planning that leads the
College toward achievement of its mission/vision. The Master Plan should incorporate program
and institutional improvements that increase student success and provide
quality learning experiences and services to students and the community be guided by institutional master
planning priorities which are reviewed annually and which include the
president’s priorities as established by the Board. The College
Master Plan shall be based upon determinations of current and future community
needs and upon responsible utilization of fiscal, physical, and human
resources. The Board policies on
Intended Results and planning
efforts master planning
priorities.
A. Principles:
The Master Plan,
and the process used to develop it, shall adhere to the following planning
principles:
[1] The main focus of ACC's planning
shall be to ensure that the regular activities of the
College match community needs and are effective in enabling students, local
employers, and the community sectors to reach their declared educational goals
efficiently. Care must be taken in the planning process to ensure that new
initiatives and current activities both have adequate, equitably-distributed
resources.
[2] The accessibility of ACC to students who have few
other limited educational
options must be a pervasive concern in all College planning. Since any ineffective
use of resources may directly lead to higher student tuition rates, the College
must operate with exemplary efficiency to maximize student access and success
and to avoid abuse of ACC's state and local tax subsidies.
[3] The College shall provide efficiently-delivered
high-quality instruction that closely matches student and community needs and
enables rapid student progress to competence in their chosen fields. The
College shall minimize requirements that are not essential to meet a student's
declared educational goals. The College shall systematically provide the
support needed for sustained high-quality instruction that develops the work
habits and problem-solving skills needed for successful employment and
educational advancement.
[4] The planning process shall ensure
compliance of College operations with Board policies and accreditation criteria principles.
[5] Institutional research must be an
integral part of the College's planning and evaluation processes, and there
must be a clear linkage between planning, budgeting, evaluation, and
assessment. The Master Plan must
incorporate performance measures for and provide evidence of program and
institutional improvement based on the results of assessment.
[6] The Planning process shall include
recommendations from the instructional task forces organizational units, faculty, and staff.
[7] The planning process shall be open,
with public access provided to the information on which plans are based and to
the recommendations made at each stage of the planning process.
[8] As part of the planning process, the
administration shall identify potential instructional programs
with substantial enrollment at other local institutions that are not offered at
ACC but are within its legal scope.
During each cycle of the annual updating of the Master Plan, the Board
shall, after considering planning information and recommendations provided by
the administration, adopt a set of master
planning directives priorities,
including those listed here, stating the elements it wishes to emphasize.
[1] For
programs in which local tuition/fees and state-reimbursement revenues cover
overall costs (including indirect, facility, and capital costs), the extent of
program offerings shall be determined primarily by student demand. Programs
requiring significant subsidy shall be offered in accordance with a
community-priorities declaration, which shall be based on consideration of
local workforce and higher-education needs, and adopted by the Board.
[2] The Board will, in response to
Presidential recommendations based on policy F-10, adopt specific compensation
goals as part of its update of the College's Master Plan.
During that review, the Board shall be provided information comparing College
compensation rates to those typical of both the primary comparison groups and
various other groups of employers that might be considered relevant.
Information shall also be provided comparing the workloads and compensation of
full-time and adjunct faculty at the College.
E-2. PROVISION OF COLLEGE FACILITIES
Value
Statements
·
Facilities
planning will be integrated into the College Master Plan, to ensure alignment
with college initiatives and operations.
·
The
College is committed to ensuring that planning for construction, adequate operational
support, maintenance and capital improvements is
integrated into resource planning and allocation.
The President, in the
context of a multi-year facilities plan updated and submitted for Board
approval biennially annually
as part of the Master Plan called for in Policy E-1, shall ensure that
facilities are provided and allocated to support effective instruction, reflect
community needs and declared College priorities, and maximize long-term
economic value.
[1]
Facilities planning and allocation shall be driven by both, regional growth, economic
considerations and responsiveness to the educational needs of students and of
College employees engaged in providing services to students, who shall be
consulted extensively during planning for facilities they will use. In addition to full provision for needed
classrooms, laboratories, and learning resources, adequate space shall be
provided for faculty offices, student activities, and administrative functions.
[2]
The facilities plan shall discuss the extent of unsatisfied demand due to
facilities limitations, especially when related to programs or functions
previously identified as College priorities, and any geographic demand/supply
imbalances.
[3]
Facilities shall be built and maintained to give good long-term economic value. Care
shall be taken to avoid practices (e.g., short-lived components, undersized
classrooms) in which reduced initial construction costs are more than offset
by increased operational costs. The
facilities plan shall describe methods and plans to ensure that use of College
space is highly efficient.
[4]
The College shall develop analyses, based mainly on data from exemplary
comparable institutions, to estimate the amount, type, and distribution of
facilities appropriate for current and projected enrollments, program mix, and
staffing levels.
[5]
As part of the annual facilities plan, the Board shall be provided a report
updating these analyses, comparing current College facilities usage with
desired patterns, and recommending priorities for facilities development.
[6]
The administration shall provide reasonable estimates, suitable for use in
economic analyses of programs, of the typical annual costs of the various types
of facility space used in College operations, including both operating costs
and appropriate amortization of capital costs.
[7]
College facilities-development activities shall be conducted so as to respect
other community priorities, including environmental protection the City of
[8] Fundraising for facilities by the
College and/or in conjunction with
the ACC Foundation shall be for projects including maintenance and renovations that have received
Board approval. Board approval is
required to name facilities. after
individuals or organizations; they will normally be named with either
geographic or systematic designations.
E-4. ORGANIZATIONAL PERFORMANCE
EVALUATION/AUDITING
Value Statements
•
•
The input of constituencies is a valued part of evaluating College
programs and services.
•
The governing board will oversee external auditing services to ensure
effective use of public resources.
The President
shall ensure that all units each
significant function, sector, and process of the College is are evaluated (including
feedback from the people dependent on it) annually by faculty, staff, and students for effectiveness,
efficiency, and policy compliance according to an announced schedule.
The administration shall consider suggestions from faculty, staff and students,
employees, and others as to regarding
evaluation format and content. For each such evaluation, The
administration shall publish a report summarizing its analysis of current
performance, any improvements it plans, and the feedback it received. The
administration shall also provide the Board summaries of the status of
activities designed to address any weaknesses previously identified by either
this system or by the external auditors, and a list of any atypical major
College practices or conditions, with either justifications to retain them or
plans for improvement.
The Board
shall engage external auditors to conduct the annual financial audit and to
perform such other services as may be deemed appropriate by the Board or the
Board Secretary in furtherance of Policy B-6, Monitoring Policy
Compliance. The external auditors
report directly to the Board of Trustees.
The annual financial audit and management letter shall be sent directly
by the external auditors to each Trustee as soon as it is completed, along
with a copy to the President. If
completion takes place during the time that the college is not open for
business, the materials shall be sent by the External Auditors to each Trustee
and the President at their home addresses.
Such auditors shall have complete access to any institutional records or
information they deem needed for their work. The auditors shall report to the
Board any significant inappropriate practices they detect in College
activities. The same firm will not be chosen as auditors for more than 5 out of
any 10 years.
The Internal Auditor shall
provide a quarterly report to the Board of Trustees.
The annual work plan of the
Internal Auditor shall be developed by the President in consultation with the
Board of Trustees. The President shall
provide to the Board a copy of the annual work plan of the Internal Auditor and
any other additions in a timely manner.
Trustees with suggestions of
activities for review by the Internal Auditor shall provide such suggestions to
the College President. The President
shall consider all activities suggested by Board members and assign them to the
Internal Auditor or to other appropriate staff of the College, including
the President him/herself, or provide a report to the Board providing
reasons why the activity is inappropriate for review by a College staff
member. The Board of Trustees may assign
any such suggested activities to the External Auditor.
E-5. REVIEW OF INSTRUCTIONAL PROGRAMS
Value Statements
•
Diversity of instructional programs, as directed by State mandate, will respond to
multiple needs within the College’s Service Area.
•
The challenge of providing programs which balance the needs of a
diverse community within the realities of limited college resources,
will be taken seriously.
The President shall implement a
comprehensive system that reviews the effectiveness and efficiency of
instructional programs in light of the College's mission according to an
announced schedule. The purpose of such reviews is to systematically and
regularly gather and analyze both qualitative and quantitative data in order to
facilitate the continuous improvement of each program, to guide resource
allocation, and to assist the administration and Board in making decisions
about programs.
Program reviews shall include
the following analyses, as well as any further information needed to meet
accreditation or regulatory requirements:
[a]
relevance of the program to College mission and desired ends intended outcomes as declared by
policy,
[b] responsiveness
to community needs and satisfaction of community demand,
[c] accessibility
to students, with identification of unnecessary barriers,
[d] student
outcomes, including participation and successful-completion rates
[e] measures
of program quality and educational value added,
[f] adequacy
of program resources and efficiency of resource use,
[g] comparison
of program performance, price, and enrollment with that of alternate local
suppliers, and
[h] direct
and indirect program-related revenues and costs to the College.
Based on the above analyses, the
President shall provide a summary recommendation on program status to the
Board, whose approval is required to initiate or discontinue a program, to
substantially change its scope, or to change it between college-credit and
non-college-credit status. Such approvals shall be primarily based on the
extent to which the recommendation is found to be consistent with principles
and goals established by policy, and the Board will update and clarify its
policies as needed so that they provide a predictable and consistent basis for
such decisions.
Copies of reports on program
reviews shall be provided to the Board, faculty, and interested community
members.
E-6. INVESTMENTS
Value
Statement
•
The College recognizes that the prudent investment of
public funds is an important aspect of its fiduciary responsibility to the
public.
Austin
Community College (ACC) shall manage the investment of and reporting on its
financial assets in accordance with the Texas Public Funds Investment Act. (Due to its length, the Board’s
investment policy is contained in a separate document entitled “
F-1. EQUAL EMPLOYMENT
Value Statements
•
Diversity within the student body and workforce is highly valued as a
goal to be achieved by the College.
•
A safe environment shall be provided for all students, faculty, and
staff.
The Austin Community College District is
an equal employment opportunity / affirmative action employer. Discrimination
on any ground listed in Policy F-2 (B) will not be tolerated.
As an affirmative action employer
equal employment opportunity employer,
the College shall employ personnel in full compliance with existing laws.
Qualification guidelines for all positions shall be published by the Office of
Human Resources, and shall be applied consistently and fairly to all
applicants. "Qualified" is defined as having the requisite education,
training, and/or skills required of the position as defined in the approved job
posting and job description.
The College shall actively seek to
increase the number of minority personnel through affirmative actions.
Procedures for advertising vacancies, recruitment, hiring, promotion,
compensation, fringe benefits, resolution of grievance, and separations
from the College shall be monitored by the College's Equal Employment
Opportunity / Affirmative Action Officer.
The President shall appoint an
Affirmative Action Officer who shall be responsible for developing,
implementing and communicating the Equal Employment Opportunity Program
The Board of Trustees shall receive an
annual report on the District's employment profile and the Equal Employment
F-9. EMPLOYEE BENEFITS
Value Statement
•
Comprehensive, competitive benefits for
faculty and staff is critical for attracting and retaining a quality
workforce.
[1] The provisions of this policy
apply to staffing-table positions. Benefits may be provided for other classes
of employees when deemed appropriate by the President, provided that the rates
at which leave is earned do not exceed those for staffing-table positions.
[2] Provisions for employee leave
benefits should be within the range of comparable institutions, and should take
account of seasonal variations in College work needs and of any
employee-recruitment advantages that matching employee leave needs (e.g., those
of parents) may bring. Use and accumulation of all leave is subject to
administrative rules set by the President; in particular, use of annual leave
may be restricted at times where it would interfere with meeting teaching
assignments or needed seasonal work.
[1] ACC
will provide a
comprehensive benefits program in the interest of the welfare of each employee
and in accordance with federal and state laws.
The President shall be responsible for implementing a non-discriminatory
benefits program.
[2] All
staffing table employees will be eligible for benefits. Benefits may be
provided for other classes for employees as approved by the President and in
accordance with state laws.
[3] Eligibility,
coverage, use and accumulation of benefits shall be set forth in Administrative
Rules established and approved by the President.
[4] Since providing education benefits
to its employees and Emeritus Association members retirees is in its the best interests, the College
shall generally pay provide
tuition vouchers for employees and
retirees in accordance with the Administrative Rule approved by the President.
and fees at the College for such people,
within limits set by administrative rule.
[4 5] To the extent feasible,
long-term College jobs of half-time or more should be structured so as to
qualify for state insurance benefits.
[5 6] Board approval, preferably as part of the budget process, is
required for changes in administrative rules on benefits if they benefit changes would change
costs by more than $100,000 or more change standard leave allocations.
[6 7] The President shall establish a sick-leave pool benefits program in accordance
with federal and state law.
G-3. REIMBURSEMENTS
Value Statement
•
The College supports all employees being reimbursed for appropriate
expenses which they incur in fulfilling their job responsibilities.
Reimbursement of College
employees for job related expenses, and local travel shall be made in an
equitable manner, with the same rules applying to all levels of employees. The
President shall annually report the extent and justifications for College
provision of vehicles, travel expense, and other expense reimbursements as part
of the annual budget process. This report shall include a description of the
administrative guidelines for reimbursement and of any exceptions made to them.
Board Policy
G-1, College Budget
Trustee Veronica Rivera requested clarification regarding
the proposed Fiscal Year 2006 College Budget and the anticipated date for
approval by the Board. Trustees
discussed the proposed policy.
Trustees Jeffrey
Richard moved and Veronica Rivera seconded that:
MOTION: The Board of Trustees approve
the proposed amendments to Board Policy G-1, College Budget, including the
introductory statement to the policy:
“The President
shall, prior to no later than the end of May June each year, develop
and submit to the Board and for public review a proposed comprehensive annual
budget, with the intent to have an adopted budget by the first Board meeting
in July, such that it:”
Trustees discussed the proposed amendment.
Trustee Barbara
Mink requested a Friendly Amendment:
FRIENDLY
AMENDMENT “ . . with
the intent to have an adopted budget no later than the end of July by the first Board meeting in July, such that it:
Trustees Jeffrey
Richard and Veronica Rivera did not accept the Friendly Amendment.
VOTE ON ORIGINAL
MOTION:
The Original
Motion passed on a vote of 6-2.
FOR: Lillian J. Davis, John F. Hernandez,
AGAINST: Trustees Allen H. Kaplan and Rafael
Quintanilla.
ABSENT: Trustee John Worley was absent from the
meeting.
G-1. COLLEGE BUDGET
Value Statement
•
The College will budget limited public funds in an effective manner
which is aligned with the mission of the College.
The
President shall, prior to no
later than the end of May June
each year, develop and submit to the Board and for public review a proposed comprehensive annual budget,
with the intent to have an adopted budget by the first Board meeting in July,
such that it proposed comprehensive annual budget that:
1.
Demonstrates compliance with all existing budget-related policy provisions and
with debt obligations.
2.
Describes all expected fiscal activity of the District in an integrated form
consistent with generally accepted accounting practices, showing what values
are predicted for the main financial statements for the budget year based on
the proposed budget targets and the most recent estimates for current-year
performance.
3. Provides
adequate support for the educational programs of the College, based on
efficient operation of both direct and support services.
4.
Distributes resources primarily on objective criteria based on student
enrollment and program needs, and provides a justification or plan for
correction of any substantial disparities in the resources supplied to serve
students in similar programs at different campuses.
5. Budgets
revenues and expenses for each category listed in the budget summary based on
actual expected performance, with comparisons to both budget and current
estimates for the previous year. When
there is substantial uncertainty about performance in an area, the associated
budget projection should be moderately conservative; in such cases, the
administration should describe its targets for the area and the budget effects
of the range of plausible outcomes.
6. Budgets
total revenue from recurring sources at least equal to total budgeted expense,
including appropriate capital-asset depreciation. Nonrecurring expenses may be budgeted to be funded
from prior-year surpluses to the extent that the ratio of net assets to total
expenses exceeds the standard declared in the current master plan (or the
prior-five-year average if no standard has been declared).
7. Budgets
appropriate capital-equipment purchases and facilities development for the
year, consistent with a multi-year master plan developed in compliance with
policy E-1 on Master Planning, in amounts at least equal to projected
depreciation.
8. Provides
a recent history and (to the extent feasible) a three-year plan for tuition/fee
levels, enrollment, overall revenues and expenses, principal and interest
payments, capital-asset expenditures, net-asset levels, and minimum
unrestricted-cash levels, with a description of planning assumptions and
significant changes.
When deemed appropriate by the
administration, capital items in an annual budget may be purchased during the
period after budget approval but prior to the start of the fiscal year.
The President shall inform the Board whenever the
actual performance of the College differs significantly from the approved
budget, and shall propose corrective budget amendments if projected performance
differs from the budget target for increase in net assets by more than ½% of
total revenues.
The President shall provide the
Board a monthly financial report detailing year-to-date expenditures and
revenues against the budget and a monthly revised fiscal-year projection of
revenues, expenses, capital transactions, and cash levels. The external auditor shall annually review
the availability of timely data under the reporting system and make any
recommendations to the President and Board of any improvement in the monthly
reporting system that may be necessary.
The format of monthly statements shall include reports that match that
of the annual budget and the audited annual statement to the extent feasible.
Board Policy
C-4, Internal Employee Associations
Trustee Veronica Rivera moved:
MOTION: That the Board of Trustees approve the
following revision to the proposed amendments of Board Policy C-4, Internal
Employee Associations.
“[6]
All employees and associations are directed to take any and all
administrative matters to the President expected to utilize the shared
governance process of the College, . U unless
an item of concern is scheduled for board discussion prior to internal constituencies having an
opportunity to confer with the administration. , t The expectation of the board is that internal
communication channels will first be employed before addressing the board on
such issues. Such items may be presented during the public reports to
the board at its monthly meeting if the items have first been brought up to the
President with sufficient opportunity for his/her consideration and the
association believes the items have not been resolved to the satisfaction of
the association. Additionally, the
foregoing not withstanding, it is always acceptable for employee associations
to use their time allotted for comments at a Board meeting to address items on
that meeting’s agenda.
Trustees discussed the proposed revision and indicated
their support for the revisions as originally proposed, and the President of
the Full-Time Faculty Association indicated preference for the revisions as
originally proposed.
Trustee Rivera
withdrew her motion.
Trustees Allen
Kaplan moved and Rafael Quintanilla seconded that:
MOTION: The Board of Trustees approve
the revisions to Board Policy C-4, Internal Employee Associations, as
originally proposed.
VOTE: The motion passed on a unanimous vote of 8-0.
FOR: Lillian J. Davis, John F. Hernandez, Allen H.
Kaplan,
AGAINST: None.
ABSENT: Trustee John Worley.
**********
C-4. INTERNAL EMPLOYEE ASSOCIATIONS
Value Statements
•
Achieving the institution’s mission is facilitated by the input of its
faculty, staff, and students.
•
College operations are strengthened when internal constituencies and
college administration collaborate on areas of concern or interest.
[1]
Regular opportunities for comment to both the administration and Board of
Trustees shall be provided to representatives of any employee associations that
are recognized by the Board of Trustees as being based on the main categories
of the College's personnel classification system, open to all employees in the
relevant category without charge, governed by democratic means approved by a
majority of their members, and willing to accept the legal and policy
restrictions of being an internal College activity.
[2]
The administration shall consult in a timely manner with representatives of
such employee associations in order to receive their comments prior to taking
actions that would have a substantial effect on their members, including
instituting or changing administrative rules and making administrative
decisions or recommendations to the Board on compensation and working-condition
issues.
[3]
When matters of concern to an internal employee association require a Board
vote, a representative of the group shall be provided an opportunity to freely
address the Board meetings at which the topic is considered. In any
communication with one or more Trustees prior to such meetings, the group
should strive to make any additional substantive information it supplies
related to the issue made available to all Trustees and to the administration.
[4]
The President shall maintain administrative rules that facilitate participation
of employees in recognized internal employee associations, including the
budgeting of appropriate operational support and provision of information about
their associations to each new employee.
[5]
Disputes about the interpretation of the bylaws of an internal employee
association shall be resolved by the association without participation by the
administration or Board.
[6] All employees
and associations are directed to take any and all administrative matters to
the President expected to utilize
the shared governance process of the College. Such items may be presented during the
public reports to the board at its monthly meeting if the items have first been
brought up to the President with sufficient opportunity for his/her
consideration and the association believes the items have not been resolved to
the satisfaction of the association.
Additionally, the foregoing not withstanding, it is always acceptable
for employee associations to use their time allotted for comments at a Board
meeting to address items on that meeting’s agenda. Unless an item of concern is scheduled for board discussion prior to
internal constituencies having an opportunity to confer with the
administration, the expectation of the board is that internal communication
channels will first be employed before addressing the board on such issues.
Agenda
Item 8045
Policy
Review Discussion/Approval of Board Policies A-4, Tuition Rates; A-5, Service
Area Responsibilities; F-10, Employee Compensation; and G-2, Purchasing
Dr. Mink introduced the item and called for discussion of
the proposed policy revisions.
Board Policy
A-4, Tuition Rates
Trustees discussed the proposed
amendments and asked College administration to review the proposed language.
Dr. Mink stated this item would
be included on the next Board agenda for further discussion and possible
action.
Board Policy A-5, Service-Area Responsibilities
Trustees discussed the proposed
changes and the addition of Values Statements.
Trustee Lillian Davis moved and
Veronica Rivera seconded that:
MOTION: The Board of
Trustees approve the proposed revisions to Board
Policy A-5, Service Area Responsibilities.
VOTE: The motion passed on a unanimous vote of 8-0.
FOR: Lillian J. Davis, John F. Hernandez, Allen H.
Kaplan,
AGAINST: None.
ABSENT: Trustee John Worley.
A-5. SERVICE-AREA RESPONSIBILITIES
Value Statements
•
As a regional institution of higher education, ACC will monitor
regional demographics and respond, to the extent possible, to the education and
workforce development needs of the communities it serves.
•
The College will encourage out-of-district residents to join it as
in-district tax payers to secure the benefits of lower tuition, increased
access to education and training, and more comprehensive instructional and
support programs; in-district tax payers will have broader access to programs,
and services, by virtue of supporting college operations through local tax
support.
The College shall provide
programs and services to residents of its service area, with priority given to
sites within the taxing district. Local tax funds shall not be used to
subsidize out-of-district activities.
All legally-eligible communities
are invited to voluntarily join the College’s taxing district and gain the
advantages of in-district tuition for their students and participation in
election of the Board of Trustees. Except when approved by Board vote, no
specific commitments of facilities or services shall be made to communities
considering annexation. Any such commitments are subject to review and
modification by later Boards as part of integrated district-wide master planning.
The
President shall report to the Board annually the extent and financial results
of out-of-district activities, including an appropriate allocation of fixed and
indirect program costs.
Board Policy F-10, Employee Compensation
Trustees discussed the proposed
changes to the policy. Dr. Kinslow indicated that another draft with proposed changes
would be developed and provided for review at the next Board meeting.
Dr. Mink stated that Board Policies B-3, Code of
Ethics—Board of Trustees; B-6, Monitoring Policy Compliance; F-5, Employee
Placement/Advancement; G-7, Property Taxes; A-4, Tuition Rates; F-10 Employee
Compensation; and G-2, Purchasing, would be discussed at the April 18, 2005, Board meeting.
Agenda
Item 8046
Consideration
of President’s Letter of Resignation
Dr. Mink introduced the item.
Executive
Session
The Austin Community College Board of Trustees recessed
into Executive Session at
Reconvene
The Board of Trustees of Austin Community College
reconvened in public session at
Agenda
Item 8046
Consideration
of President’s Letter of Resignation
Trustees Rafael
Quintanilla moved and Lillian J. Davis seconded that:
MOTION: The Board of Trustees approve College
President Robert Aguero’s letter of resignation
effective
VOTE: The motion passed on a vote of 8-0.
FOR: Dr. Lillian Davis; Mr. John Hernandez, Mr.
Allen Kaplan; Ms. Nan McRaven, Dr. Barbara Mink; Mr.
Rafael Quintanilla; Mr. Jeffrey Richard; and Ms. Veronica Rivera.
AGAINST: None.
ABSENT: Trustee John Worley
Trustees stated
it was with sadness and regret that the Board accepted Dr. Aguero’s
resignation.
Dr. Mink said
Dr. Aguero had brought a real spirit of cooperation
and open communication, inclusiveness, and community interaction to the
College. She added that the Board and College
staff would miss him. She expressed
appreciation for his involvement with the College and his dedication to
Agenda
Item 8047
Consideration
of Appointment of Interim President
Trustees Allen Kaplan moved and
MOTION: The Board of
Trustees appoint Dr. Stephen B. Kinslow
as Interim President of
VOTE: The motion passed on a vote of 8-0.
FOR: Dr. Lillian Davis; Mr. John Hernandez, Mr.
Allen Kaplan; Ms. Nan McRaven, Dr. Barbara Mink; Mr.
Rafael Quintanilla; Mr. Jeffrey Richard; and Ms. Veronica Rivera.
AGAINST: None.
Dr. Kinslow accepted the appointment
and stated all but five of his professional career years had been spent at
Agenda
Item 8048
TexasTERM and TexasDAILY
Investment Pools
Dr. Mink introduced the item and Ben Ferrell stated the
College currently invested its funds in a single local government investment
pool (TEXPOOL). In addition to TEXTPOOL,
the ACC investment advisor, PFM Inc., requested the addition of funds to the
ACC portfolio for diversification. These
local government investment pools were created by local governments who in turn
hired PFM to manage them. Mr. Ferrell
stated the Board would be asked at the
Agenda
Item 8049
Overview
of Cypress Creek Campus Expansion
Chair Mink
introduced the item and Ben Ferrell
Dr.
Mink introduced the item and Ben Ferrell, Vice President for Business Services,
provided a status report concerning the Cypress Creek Campus Expansion. Information was presented by Rick Burnight, Amy Jones, and Jaime Beaman
of McConnell Roberts and Associates; and Scott Hosa
of Spaw Glass including:
·
Meetings held with the stake-holders of the project;
·
The design, parking; pedestrian mall
·
The project is within budget and on schedule;
·
The budget: Existing Building
1000 (Construction Renovation) - $2,2 million; New
Building 2000 - $11.5 million; Site work:
sidewalks, parking, utilities, pond - $2.8 million = $16.5 million;
plus: $4.2 million for furniture,
fixtures, and equipment; and $4.2 million for project development. The total expansion would be just under $24.5
million.
·
Guaranteed Maximum Price in would be provided in mid-June with the
project start date about
Mr.
Ferrell and the teams responded to questions from Trustees regarding: loss/gain of parking space; left turn-lane
into Campus from Lakeline Boulevard; contingency;
accuracy of budget; parking and no public transportation; cost of a parking
garage; change of design to add more parking; possibility of shuttles; feeling
of community and neighborhood regarding a parking garage; the College Master
Plan.
The
following ACC staff were recognized: Ms. Linda Haywood, Campus Manager; Dr. Tyra Duncan-Hall, Provost; Mr. Bill Mullane,
Interim Director of Facilities and Construction, and Mr. Bruce Davis, ACC Project
Manager.
Agenda Item 8050
Overview of
Dr.
Mink introduced the item. Mr. Ben
Ferrell and Mr. Bill Mullane provided information
regarding enhancements to the Campus including ideas from the working
group: main building; gymnasium; parking
garage; annex/band/miscellaneous; and furniture, fixtures, and equipment. Dr. Kinslow, Mr.
Ferrell, and Mr. Mullane responded to questions from
Trustees regarding: scale—size of
structure and parking; drainage; gymnasium; meeting the codes for the City of
Austin; historical zoning for original structure, and not for the gymnasium;
need for a Board discussion regarding possible move of ACC administration to the
Rio Grande Campus, with Board meetings to be held there; and other
modifications to include food services, textbooks, and possibly other services.
Agenda
Item 8051
Associate
of Arts in Teaching Degree
Chair Mink
introduced the item and Dr. Kinslow stated the College
was creating a teacher training program to prepare future teachers. He introduced Dr. Donetta
Goodall and Dr. Rex Peebles. Dr. Kinslow stated
the Board would be asked to approve three degree programs leading to the
Associate of Arts in Teaching Degree:
·
Associate of Arts in Teaching – 8-12 Grade Levels;
·
Associate of Arts in Teaching – Early Childhood—4 and 4-8
Grade Levels; and
·
Associate of Arts in Teaching – Early Childhood-4 Grade
Level/Early Childhood Specialization.
Dr. Kinslow responded to questions from Trustees and stated
approval of the three degree programs would be requested at the
Announcements
Dr. Mink
introduced Mr. Gustavo Garcia, ACC Founding Board Member.
Adjournment
Having
no motion before the Board, the April 4, 2005, the Regular Meeting of the
Austin Community College Board of Trustees was adjourned at
Approved By
Jeffrey
Richard, Secretary