MINUTES

Special Meeting - Board of Trustees

May 16, 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, March 21, 2005, at 6:07 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; Dr. Lillian J. Davis; Mr. John F. Hernandez; Mr. Allen H. Kaplan; Ms. Nan McRaven; Mr. Rafael Quintanilla; Mr. Jeffrey Richard; and Dr. John Worley. 

 

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.

 

Agenda Item 8067

Approval of Resolution Canvassing the Returns and Declaring the Results of the May 7, 2005, Special Election of the Austin Community College District and Annexing for Junior College Purposes Only that Portion of the City of Austin Not Presently Included in the Austin Community College District

Chair Mink introduced the item and Ms. Linda Young, Special Assistant to the President for Governmental and Community Relations, called attention the precinct-by-precinct returns of the May 7, 2005, Election.

 

ACC PROPOSITION

202 of 202 Precincts Reporting

Early Voting

 

Election Day

 

Total Vote

 

FOR:

19,608

79.08%

32,339

79.59%

51,947

79.39%

AGAINST:

 5,188

20.92%

 8,294

20.41%

13,482

20.61%

Total Votes Counted in this Race:

24,796

 

40,633

 

65,429

 

 

Trustees Rivera moved and Lillian Davis seconded that:

MOTION:  The Board of Trustees approve an Order Canvassing the Returns, Declaring the Results of the May 7, 2005, Special Election of the Austin Community College District.

VOTE:  The motion passed on a unanimous vote of 9-0.

FOR:  Lillian J. Davis, John F. Hernandez, Allen H. Kaplan, Nan McRaven, Barbara P. Mink, Rafael Quintanilla, Jeffrey Richard, Veronica Rivera, and John Worley.

AGAINST:  None.

 

***********

 

AN ORDER CANVASSING THE RETURNS,

DECLARING THE RESULTS OF THE MAY 7, 2005 SPECIAL ELECTION

OF THE AUSTIN COMMUNITY COLLEGE DISTRICT AND

ANNEXING FOR JUNIOR COLLEGE PURPOSES ONLY THAT PORTION OF THE CITY OF AUSTIN NOT PRESENTLY INCLUDED IN THE AUSTIN COMMUNITY COLLEGE DISTRICT

 

THE STATE OF TEXAS                     §

                                                                §

COUNTY OF TRAVIS                         §

                                                                §

COUNTY OF WILLIAMSON            §

                                                                §

 

                On this the 16th day of May, 2005, the Board of Trustees of the Austin Community College District (“ACC”) convened in regular session, open to the public at the ACC District Administrative Offices, 5930 Middle Fiskville Road, Austin, Texas, with a quorum present, and among other proceedings had by said Board of Trustees was the following:

               

                WHEREAS, on May 7, 2005, the Special Election was held to annex for junior college purposes only, that portion of the City of Austin not presently included in the Austin Community College District; and

 

                WHEREAS, the Board has reviewed and investigated all matters pertaining to this election, including the calling, notices, election officers, holding, and reports thereof under the Joint Election Agreement with Manor Independent School District, the City of Austin and the City of Jonestown; and

 

                WHEREAS, the Board hereby canvasses the returns of this election, at which the proposed annexation of that portion of the City of Austin not presently included in the District was submitted to all resident, qualified voters of the District and was submitted to all resident qualified voters of that portion of the City of Austin not included within the existing boundaries of ACC for their vote thereupon; and

 

                WHEREAS, the Board has diligently inquired into the poll lists and the official election returns which were duly and lawfully made to the Board by the judges and clerks holding and conducting such election; the poll lists and the official election returns showing separately the votes cast in the election; and

 

                WHEREAS, from these returns, the Board hereby finds that the following votes were cast in the Elections by voters who were resident, qualified voters of the District and that portion of the City of Austin not currently included in the District.

 

ANNEXING FOR JUNIOR COLLEGE PURPOSES

ONLY, THAT PORTION OF THE CITY OF AUSTIN

THAT IS NOT PRESENTLY INCLUDED WITHIN

THE CURRENTLY EXISTING BOUNDAIRES OF

AUSTIN COMMUNITY COLLEGE DISTRICT

 

                                                VOTES CAST FOR                      51,947

 

                                                VOTES CAST AGAINST            13,482                                                                        

                                                                                               

                NOW, THEREFORE, IT IS ACCORDINGLY FOUND, DECLARED, ORDERED,

AND RESOLVED BY THE BOARD OF TRUSTEES OF THE AUSTIN COMMUNITY COLLEGE DISTRICT THAT:

 

                SECTION 1.  The Board officially finds, determines, and declares that the election was duly and properly conducted, that proper legal notice of such election was duly given in the English language and the Spanish language (to the extent required by law), that proper election officers were duly appointed prior to the election, that the election was duly and legally held, that all resident, qualified voters of the District and that all resident, qualified voters of that portion of the City of Austin not presently included in the District were permitted to vote at the election, that due returns of the results of the election had been made and delivered, and that the Board has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America, and the resolution calling the election.

 

                SECTION 2.         The Board officially finds and determines that the vote to annex the portion of the City of Austin that is not presently included within the currently existing boundaries of Austin Community College prevailed; that the election was duly called; that proper notice was given; and that the election was held in all aspects in conformity with the law.

 

                SECTION 3.  The Board hereby declares the territory of the City of Austin that was outside the boundary of the Austin Community College District annexed to Austin Community College District for junior college purposes only.

 

                SECTION 4.         The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Order for all purposes and are adopted as a part of the judgment and findings of the Board.

 

                SECTION 5.  It is officially found, determined, and declared that the meeting at which this Order is adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered at such meeting, including this Order, was given, all as required by Chapter 551, as amended, Texas Government Code.

 

                SECTION 6.  This Order shall be in force and effect from and after its final passage and it is so resolved.

 

                PASSED, ADOPTED AND APPROVED, this the 16th day of May, 2005.

 

                                                                                    AUSTIN COMMUNITY COLLEGE DISTRICT

                                                                                                                                                                    ____________________________________

                                                                                                Barbara Mink, Chair, Board of Trustees                     

ATTEST:

__________________________________

Jeffrey Richard, Secretary, Board of Trustees

 

 

(DISTRICT SEAL)

**********

 

Trustees Rafael Quintanilla moved and Veronica Rivera seconded that:

MOTION:  The Board of Trustees approve Annexation for Junior College Purposes Only that Portion of the City of Austin Not Presently Included in the Austin Community College District.

VOTE:  The motion passed on a unanimous vote of 9-0.

FOR:  Lillian J. Davis, John F. Hernandez, Allen H. Kaplan, Nan McRaven, Barbara P. Mink, Rafael Quintanilla, Jeffrey Richard, Veronica Rivera, and John Worley.

AGAINST:  None.

 

Trustees discussed the success of the referendum and expressed appreciation to all individuals who assisted in the successful election.  The Board also recognized Neil Vickers, Director of Finance and Budgeting, who found the language to make the referendum possible.

 

 

Agenda Item 8068

Discussion and Possible Action on Search Process for and/or Appointment of Replacement of College President

Chair Mink introduced the item.

Trustees Nan McRaven moved and Lillian Davis seconded that that the Board of Trustees take from the table a motion made at the May 2, 2005, Regular Meeting of the Board of Trustees:

Motion:  Dr. Stephen Kinslow be the sole finalist for the President of Austin Community College and that the Board of Trustees meet this evening with Dr. Kinslow in Executive Session to discuss the terms of the position.  I further move that the tenure of this position, which will be part of this term, not exceed two years.  Additionally, I move that the Board of Trustees begin a presidential search for a new, long-term President--“long-term” is key here--not later than the Fall, third quarter, of 2006.

 

Recess

The Board of Trustees of Austin Community recessed into Executive Session at 6:22 p.m. related to personnel matters, including appointment of the College President, pursuant to Government Code 551.074.

 

Reconvene

The Board of Trustees of Austin Community College reconvened in public session at 6:59 p.m. pursuant to Texas Government Code 551.

 

Agenda Item 8068 (continued)

Discussion and Possible Action on Search Process for and/or Appointment of Replacement of College President

 

Trustee Veronica Rivera moved and Jeffrey Richard seconded that:

SUBSTITUTE MOTION:  The Board of Trustees postpone action on this item until the next Regular Board meeting to continue feedback and get additional testimony from the community.

Trustees discussed the Substitute Motion.

VOTE:  The motion failed on a vote of 5-4.

FOR:  Allen Kaplan, Jeffrey Richard, Veronica Rivera, and John Worley.

AGAINST:  Lillian Davis, John Hernandez, Nan McRaven, Barbara Mink, and Rafael Quintanilla.

 

Trustee Rafael Quintanilla requested a Friendly Amendment to the Main Motion.

FRIENDLY AMENDMENT:  Add as a last sentence to the Main Motion:  “The process of launching the actual advertisement for a President would start on January 1, 2006.

Trustees Nan McRaven and Lillian Davis accepted the Friendly Amendment.”

 

MAIN MOTION WITH FRIENDLY AMENDMENT:  Dr. Stephen Kinslow be the sole finalist for the President of Austin Community College.  I further move that the tenure of this position, which will be part of this term, not exceed two years.  Additionally, I move that the Board of Trustees begin a presidential search for a new, long-term President--“long-term” is key here--not later than the Fall, third quarter, of 2006. The process of launching the actual advertisement for a President would start on January 1, 2006.

Trustees discussed the motion.

VOTE:  The Main Motion, as amended, passed on a vote of 5-4.

FOR:  Lillian Davis, John Hernandez, Barbara Mink, Nan McRaven, and Rafael Quintanilla.

AGAINST:  Allen Kaplan, Jeffrey Richard, Veronica Rivera, and John Worley.

 

Dr. Kinslow stated that he was completely committed to Austin Community College and looked forward to leadership opportunities in this period.  He said he appreciated that this was a difficult decision for the Board, and looked forward to working with the Board and all of the internal and external constituencies to advance Austin Community College.

 

Adjournment

Having no motion before the Board, the May 16, 2005, Special meeting of the Austin Community College Board of Trustees was adjourned at 7:20 p.m.


Approved By

Jeffrey K. Richard