MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
GOVERNING BOARD
SEPTEMBER 22, 2009
MINUTES

A regular meeting of the Maricopa County Community College District Governing Board was scheduled to be held at 6:30 p.m. at the District Support Services Center, 2411 West 14th Street, Tempe, Arizona, pursuant to A.R.S. §38-431.02, notice having been duly given.

PRESENT

GOVERNING BOARD
Colleen Clark, President
Randolph Lumm, Secretary
Debra Pearson, Member
Don Campbell, Member
Jerry Walker, Member

ADMINISTRATION
Rufus Glasper
Maria Harper-Marinick
Debra Thompson
Darrel Huish
Steve Helfgot
Al Crusoe
Anna Solley
Pete Kushibab
Paul Dale
Shouan Pan
Ken Atwater
Ernie Lara
Gene Giovannini
Linda Thor
Linda Lujan
Jan Gehler
Velvie Green

CALL TO ORDER
The regular meeting was called to order at 6:37 p.m.

EXECUTIVE SESSION
The executive session was called to order at 5:30 p.m.

PLEDGE OF ALLEGIANCE
The assembly pledged their allegiance to the United States of America led by Governing Board Member Randolph Lumm.

SUBSTITUTE ANNOUNCEMENTS, AND CLASS ACKNOWLEDGEMENTS
There were no classes present.

CITIZEN'S INTERIM
The following citizens came forward to express their support for Board President Colleen Clark:

Cleopatria Martinez
Dr. Martinez stated her disappointment regarding the negative comments that have been made against Board President Colleen Clark. She stated everyone makes mistakes and no one is so perfect that they have not done things they later regret. Actions do not define us. She commended Ms. Clark for having come forward on her own and taking responsibility. She wanted to encourage everyone to get back to doing their jobs as best as possible.

Kathy Bishop
Ms. Bishop stated she was a resident and business owner in District #1 and was also a student at Mesa Community College at one time. She stated she is careful who she votes for and is very interested in how organizations spend taxpayers’ money. Ms. Clark’s incident is a one-time transgression. No one has a flawless character. Ms. Clark is a 26 year old transparent woman who stands on high standards.

Spencer Morgan
Mr. Morgan read a formal statement of position with regard to the President of the Governing Board Colleen Clark. Copy of statement included with these minutes.

Kazie Hughes
Ms. Hughes, a resident of District 1, stated she was present to support Board President Colleen Clark for her support of ethics and willingness to serve others. She is proud that Ms. Clark represents their district. Ms. Clark displays a true human spirit and shows us how to handle hurdles. Disappointed in the foul play generated by Mrs. Pearson and manipulating the character of others. Ms. Clark wants the very best for students. Ms. Hughes stated she did not go to the polls for a perfect person. Ms. Clark is an example of something the world really struggles with which is transparency. She thanked Ms. Clark for her service and ability to learn from mistakes.

Reyes Medrano
Mr. Medrano came forward to express his support as a private citizen for Ms. Clark. He also wanted to voice objections to personal attacks made to a personal issue outside this institution for a bad judgment made. No one is perfect and all make errors. He stated he was afraid for the Maricopa Community Colleges if they continue down this path of personal attacks.

Monique Hart
Ms. Hart stated she supported Ms. Clark as a private citizen and wished that others knew the person she knows. She stated Ms. Clark was a kind, good, and intelligent soul.

Kyle Brown
Mr. Brown, a local business owner in District 1, wanted to show his support for Ms. Clark. She made a mistake and made it public. She wants to be accountable. He was disappointed in Mrs. Pearson. If character is defined by failures, none of us would be here.

BOARD MEMBER REPORTS
Governing Board Member Debra Pearson reported that she had been working with Tricia McCarty, founder of the Starshine Academy which works with refugees from Liberia and conducts teacher training in Liberia. She thanked Dr. Maria Harper-Marinick, Dr. Thor and her staff for the assistance they have provided this organization.

Governing Board Member Jerry Walker commended this program in Liberia as he served there when he was in the Navy. He read a poem written by Dr. Adrian Rogers and he read Matthew 18 that referenced the unmerciful servant.

Dr. Campbell referred Mrs. Pearson to Edwin Seeley who also works with the country of Liberia for further assistance.

Mr. Lumm stated that he had an opportunity to visit South Mountain Community College and was provided a tour of all facilities, including Guadalupe and Ahwatukee. He also visited Estrella Mountain Community College and addressed questions regarding the efficiency study. Lastly, he visited Phoenix College and had a good exchange of information with members of the Leadership Council.

President Clark encouraged everyone to be the change we want to see. This evening as she looked at everyone present, she thanked those that had come forward to speak on her behalf and express her apologies. She referenced the Board’s Work Session which was held on September 8 in which Mr. Walker had brought forward revised policy matter. She emphasized that this had been a conversation and nothing was concrete. These recommendations will be reviewed and discussed as to what they should be look like as we move forward.

CHANCELLOR'S REPORT
Chancellor Glasper thanked the College Presidents for this participation and cooperation in working with members of Alvarez and Marsal. He thanked members of the A&M team for what they have performed during these past few weeks of the efficiency study and looking forward to great benefits from this study being conducted. He also acknowledged Pete Kushibab’s last official board meeting as he moves on to retirement as of September 30. Mr. Kushibab received a standing ovation from everyone present.

SECRETARY'S REPORT
There was no report.

FACULTY REPORT
Faculty Executive Council President Jim Simpson stated that he wanted to commend the Governing Board and Administration for the manner in which they have handled they complain to the HLC. He felt wise counsel had been provided for maintain the status as a flagship for community colleges across the country.

EMPLOYEE GROUP REPORTS
PSA President Stephen Zipperer provided an overview of the PSA Employee Group’s accomplishments this past year. Activities included the annual summer conference, a leadership retreat, various food drives and fund raising activities. He acknowledged the wonderful assistance he received from Chris Hoeffler, past PSA President, Vice Chancellors Crusoe and Thompson, as well as staff in Human Resources and EOLT. A copy of his presentation is included with these minutes.

VICE CHANCELLOR REPORTS
Vice Chancellor of Resource Development and Community Affairs Dr. Steve Helfgot called attention to the Annual Report of the Maricopa Foundation and provided everyone a copy. He reported that although gifts were down, they did provide a record number of scholarships to students. Since 1987, the Foundation has provided $16 million in scholarships to students.

COLLEGE REPORTS

The following reports were made:

Paradise Valley Community College President Dr. Paul Dale introduced Dr. Hank Mancini and Dr. Jackie Askins who provided reports on the new Life Science Building and the Black Mountain Facility.

Rio Salado President Dr. Linda Thor presented a Faculty Emeritus Distinction Certificate to Dr. Karen Mills for her exemplary service to the Maricopa Community Colleges.

Scottsdale President Dr. Jan Gehler presented Emeritus Distinction Certificates to Dr. Barbara Fahey, Connie Carruthers, Roy Barnes, and Linda Hicks for their service to the Maricopa Community Colleges during their tenure.

AADGB REPORT
Governing Board Member Jerry Walker, AADGB Representative, commented there was nothing to report this month.

LEGISLATIVE UPDATE
Chancellor Glasper commented that a legislative report had been provided to members of the Board.

AWARDS AND RECOGNITIONS
There were no awards or recognitions.

APPROVAL OF THE AGENDA
President Clark requested a motion to approve the agenda.

MOTION NO. 9604
Governing Board Member Jerry Walker moved that agenda be approved. Agenda approved 5-0.

APPROVAL OF THE CONSENT AGENDA
President Clark requested approval of the Consent Agenda.

The following items were included on the Consent Agenda:

A.1 APPROVAL OF THE AUGUST 25, 2009 REGULAR GOVERNING BOARD MEETING, THE AUGUST 28, 2009 GOVERNING BOARD STRATEGIC PLANNING RETREAT, AND THE SEPTEMBER 8, 2009 GOVERNING BOARD WORK SESSION

B.1. APPROVAL OF EMERITUS DISTINCTION – RIO SALADO COLLEGE - award Vice President Emeritus Distinction to Dr. Karen Mills, Vice President of Academic Affairs for Rio Salado College.

B.2. APPROVAL OF EMERITUS DISTINCTION – SCOTTSDALE COMMUNITY COLLEGE - award Faculty Emeritus Distinction to:

Mr. Roy Barnes, Biology Faculty
Ms. Connie Carruthers, Math Faculty
Dr. Barbara Fahey, English Faculty
Ms. Linda Hicks, Communication Faculty
Ms. Nellie Nelson, Nursing Faculty
Ms. Marie-France Goudard Ryan, French Faculty
Dr. John Sickafoose, Chemistry Faculty

C.1. CONSIDERATION OF EMPLOYMENTS - approve the following personnel actions as proposed. Budget approvals have been granted and are on file for the recommended personnel actions in this item.

C.2. CONSIDERATION OF SPECIALLY FUNDED EMPLOYMENTS - approve the following personnel actions as proposed. Budget approvals have been granted and are on file for the recommended personnel actions in this item.

C.3. CONSIDERATION OF SHORT TERM EMPLOYMENTS - approve the following personnel actions as proposed. Budget approvals have been granted and are on file for the recommended personnel actions in this item.

C.4. CONSIDERATION OF SEPARATIONS - approve the following personnel actions as proposed. Budget approvals have been granted and are on file for the recommended personnel actions in this item.

D.1. APPROVAL OF EXTENSION OF GRANT AGREEMENT WITH THE ARIZONA COMMISSION FOR THE DEAF AND THE HARD OF HEARING - approve an extension until August 31, 2010 of an intergovernmental agreement with the Arizona Commission for the Deaf and the Hard of Hearing.

D.2. APPROVAL OF CHILD CARE ACCESS MEANS PARENTS IN SCHOOL (CCAMPIS) PROGRAM GRANT FROM THE DEPARTMENT OF EDUCATION - accept funding in the amount of $109,375.00 for Child Care Access Means Parents in School (CCAMPIS) Program Grant from the Department of Education. The amount is for the first year, 10/1/2009-9/30/2010. This grant will commence upon receipt of Governing Board approval. This is a four-year grant, with each additional year of funding contingent upon the demonstration of project progress toward objectives and goals of the funded application.

D.3. APPROVAL OF RIO SALADO COLLEGE INTEGRATED ENGLISH LITERACY AND CIVICS FY JULY 1, 2009 – JUNE 30, 2010 - approve an increase in the grant award of $169,535 with the Arizona Department of Education, Division of Adult Education on behalf of Rio Salado College. This agreement is for a continuation grant totaling $500,033 to extend English Literacy and Civics education to adults in Maricopa County for the period of July 1, 2009 through June 30, 2010. The Governing Board approved the original grant award of $330,498 on June 23, 2009 and the amount has since been increased by the Department of Education.

D.4. APPROVAL OF DECLARATION OF CURRICULAR AND INSTRUCTIONAL ALIGNMENT TO THE ARIZONA STATE STANDARDS FOR TEACHER PREPARATION CHARTER HIGH SCHOOL - approve and sign the 2009-2010 Declaration of Curricular and Instructional Alignment to the Arizona Academic Standards on behalf of Teacher Preparation High School.

D.5. APPROVAL OF GWECHS (GATEWAY EARLY COLLEGE HIGH SCHOOL) STUDENT HANDBOOK - approve the Gateway Early College High School Student Handbook.

D.6. APPROVAL OF GWECHS (GATEWAY EARLY COLLEGE HIGH SCHOOL) DECLARATION OF CURRICULAR & INSTRUCTIONAL ALIGNMENT TO THE ARIZONA ACADEMIC STANDARDS - sign the “Declaration of Curricular & Instructional Alignment” affirming GWECHS' alignment of curriculum and evaluation of instruction to the Arizona Academic Standards.

D.7. APPROVAL OF SOUTH MOUNTAIN COMMUNITY COLLEGE (SMCC) & PHOENIX COLLEGE (PC) BILINGUAL NURSING FELLOWSHIP PROGRAM (BNFP) - accept the Bilingual Nursing Fellowship Program Award.

D.8. APPROVAL OF U.S. DEPARTMENT OF EDUCATION GRANT AWARD FOR STUDENT SUPPORT SERVICES TRIO PROGRAM AT SOUTH MOUNTAIN COMMUNITY COLLEGE - accept the U.S. Department of Education grant award in the amount of $252,200 for the Student Support Services TRIO program at South Mountain Community College. Funds were awarded for year five of a five-year SSS-TRIO grant, beginning 9/1/2005 and ending 8/31/2010.

D.9. APPROVAL OF U.S. DEPARTMENT OF EDUCATION GRANT AWARD FOR THE ONLINE REGISTERED-NURSE CERTIFICATION PROGRAM AT MESA COMMUNITY COLLEGE - accept the U.S. Department of Education grant award in the amount of $119,000 for the Online Registered-Nurse Certification Program at Mesa Community College. Funds were awarded for the second year of this grant beginning 9/01/2009 and ending 8/31/2010.

D.10. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN MESA COMMUNITY COLLEGE AND COCONINO COUNTY COMMUNITY COLLEGE DISTRICT - approve an Intergovernmental Agreement between Mesa Community College (CATC) and Coconino County Community College District for the 2009-2010 fiscal years. This agreement is for training and support services for the SC* curriculum to be provided to Coconino County Community College as a Cisco Regional Academy for an annual participation fee of $500.00.

D.11. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN MESA COMMUNITY COLLEGE AND TEMPE UNION HIGH SCHOOL DISTRICT NO. 213 - approve an Intergovernmental Agreement between Mesa Community College (Regional Academy) and Tempe Union High School District No. 213 on behalf of Desert Vista High School for the 2009-2010 fiscal years. This agreement is for training and support services for the CCNA* curriculum to be provided to the aforementioned high school as Cisco Local Academy for an annual participation fee of $1,200.00.

D.12. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN MESA COMMUNITY COLLEGE AND TEMPE UNION HIGH SCHOOL DISTRICT NO.213 - approve an Intergovernmental Agreement between Mesa Community College (Regional Academy) and Tempe Union High School District No. 213 on behalf of Desert Vista High School and Tempe High School for the 2009-2010 fiscal years. This agreement is for training and support services for the SC* curriculum to be provided to Desert Vista High School and Tempe High School as a Cisco Local Academy for an annual participation fee of $1,000.00.

D.13. APPROVAL OF CENTRAL MARICOPA REGIONAL PARTNERSHIP COUNCIL OF THE AZ EARLY CHILDHOOD AND HEALTH DEVELOPMENT BOARD (FIRST THINGS FIRST) COACHING AND MENTORING GRANT EARLY CHILDHOOD & HUMAN DEVELOPMENT PROGRAM - RIO SALADO COLLEGE - accept a grant award for the Early Childhood/Human Development Program at Rio Salado College from the Central Maricopa Regional Partnership Council of the AZ Early Childhood and Health Development Board (First Things First) totaling $467,338. Approval of the ten month allowable expenditure period is requested for September 1, 2009 through June 30, 2010.

D.14. APPROVAL OF SOUTH PHOENIX REGIONAL PARTNERSHIP COUNCIL OF THE AZ EARLY CHILDHOOD AND HEALTH DEVELOPMENT BOARD (FIRST THINGS FIRST) CHILDCARE DIRECTOR MENTORING GRANT EARLY CHILDHOOD & HUMAN DEVELOPMENT PROGRAM - RIO SALADO COLLEGE - accept a grant award for the Early Childhood/Human Development Program at Rio Salado College from the South Phoenix Regional Partnership Council of the AZ Early Childhood and Health Development Board (First Things First) totaling $273,992. Approval of the ten month allowable expenditure period is requested for September 1, 2009 through June 30, 2010.

D.15. APPROVAL OF NORTHWEST REGIONAL PARTNERSHIP COUNCIL OF THE AZ EARLY CHILDHOOD AND HEALTH DEVELOPMENT BOARD (FIRST THINGS FIRST) COACHING AND MENTORING GRANT EARLY CHILDHOOD & HUMAN DEVELOPMENT PROGRAM - RIO SALADO COLLEGE - accept a grant award for the Early Childhood/Human Development Program at Rio Salado College from the Northwest Regional Partnership Council of the AZ Early Childhood and Health Development Board (First Things First) totaling $249,634. Approval of the ten month allowable expenditure period is requested for September 1, 2009 through June 30, 2010.

D.16. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN RIO SALADO COLLEGE AND THE COOLIDGE UNIFIED SCHOOL DISTRICT #21 - authorize entry into an Intergovernmental Agreement for Rio Salado’s Teacher in Residence Program and Coolidge Unified School District #21.

E.1. APPROVAL OF DEERE AND COMPANY CONTRACT AGREEMENT - approve a seven-month extension of the contract agreement in the amount of $16,500. This contract agreement is between Deere and Company and the Maricopa County Community College District through THE INSTITUTE for Business, Industry and Technology at Glendale Community College. The contract period will be from November 1, 2009 – April 30, 2010.

E.2. APPROVAL OF TEACHER PREPARATION CHARTER HIGH SCHOOL SUBMISSION OF ANNUAL FINANCIAL REPORT TO THE ARIZONA DEPARTMENT OF EDUCATION FOR FISCAL YEAR 2008-2009 - approve the 2008-2009 Annual Financial Report for Teacher Preparation Charter High School for submission to the Arizona Department of Education.

E.3. APPROVAL OF LEASE AGREEMENT BETWEEN CHANDLER UNIFIED SCHOOL DISTRICT (CUSD) AND CHANDLER-GILBERT COMMUNITY COLLEGE (CGCC) - approve a Lease Agreement with CUSD. The agreement will provide for the lease of Javelina Hall, a 3,950 square foot building containing three classrooms, offices and restrooms at the CGCC Pecos campus. CUSD will pay monthly for the period of January 1, 2009 through June 30, 2014 the sum of $8,887.50 ($27 per square foot) for the lease of the building. Initial occupancy is estimated to be January 1, 2010 with the first year pro-rated accordingly. Beginning July 1, 2013 through June 30, 2014 the rate will increase to $28 per square foot. In addition, CUSD will reimburse CGCC quarterly for office supplies, copying services, postage and long distance phone service.

E.4. APPROVAL OF GATEWAY EARLY COLLEGE HIGH SCHOOL SUBMISSION OF ANNUAL FINANCIAL REPORT TO THE ARIZONA DEPARTMENT OF EDUCATION FOR FISCAL YEAR 2008-2009 - approve the 2008-2009 Annual Financial Report for GateWay Early College High School for submission to the Arizona Department of Education.

E.5. APPROVAL OF PROPOSED FEE CHANGES - approve the varied fee changes detailed on the attached. These changes relate to both common fees and course fees at several colleges across the District, detailed by college.

MOTION NO. 9605
Dr. Campbell moved for approval of the Consent Agenda. Motion approved 5-0.

B.3. APPROVAL OF PROPOSED NEW POLICY IDENTITY THEFT RED FLAG AND SECURITY INCIDENT REPORTING - adopt a Policy titled Identity Theft Red Flag and Security Incident Reporting. Upon adoption, the language will be added to the Board Auxiliary Policy section.

MOTION NO. 9606
Mr. Lumm moved for approval of Item V.B.3. Motion approved 5-0.

B.4. APPROVAL OF PROPOSED NEW POLICY REQUESTS OF STAFF TIME AND RESEARCH - adopt a Policy titled Requests of Staff Time and Research. Upon adoption, the language will be added to the Board Auxiliary Policy section.

MOTION NO. 9607
Mrs. Pearson moved that Item V.B.4 be approved. Motion not approved 1-3-0 (Walker, Lumm, Clark – no; Pearson – yes; Campbell – abstain)

Mr. Lumm asked what the parameters were for these requests. Mrs. Pearson responded that she was confident that the Chancellor should have the ability to see and clarify the purpose and reason for the requests. If they were something above and beyond the four hour turnaround time in order to accomplish, these requests should be brought before the board. Ms. Clark commented that board members should be asked what it was they were trying to understand. Mrs. Pearson stated the purpose was to prevent micromanaging by staying within the four hour parameter. Mr. Lumm moved that Item V.B.4 be brought back at a future meeting after further review.

B.5. APPROVAL OF APPOINTMENT OF GOVERNING BOARD MEMBER TO SEAT ON MARICOPA COMMUNITY COLLEGES AUDIT & FINANCE COMMITTEE - approve the appointment of Debra Pearson as a member of the Maricopa Community Colleges Audit & Finance Committee effective
September 28, 2009. This is an open ended appointment and may be reviewed by the Board at its discretion.

MOTION NO. 9608
Dr. Campbell moved that Item V.B.5 be approved. Motion not approved 2-3 (Campbell, Pearson – yes; Clark, Walker, Lumm – no).

SUBSTITUTE MOTION NO. 9609
Mr. Lumm moved that Governing Board Member Jerry Walker be named to the Maricopa Community Colleges Audit & Finance Committee. Motion approved 3-2 (Clark, Walker, Lumm- yes; Pearson, Campbell – no).

VI.A.1. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN THE GOVERNOR’S OFFICE OF ECONOMIC RECOVERY AND THE MARICOPA COMMUNITY COLLEGE DISTRICT - approve this intergovernmental agreement, which will facilitate the release of $15,093,592 for those items contained in the Maricopa Community College District Request for Reimbursement of Pre Award Costs which has been reviewed and approved by GOER. The IGA also will provide for the release of additional Recovery act funds that may be provided through FY2009-2010.

MOTION NO. 9610
Dr. Campbell moved that the Board approve Item VI.A.1. Motion approved 5-0.

VI.A.2. APPROVAL OF CONCEPTUAL APPROVAL FOR A NEW INCUBATOR FACILITY AT GATEWAY COMMUNITY COLLELGE - provide Conceptual Approval for the new Incubator Facility at GateWay Community College, with a Total Project Budget of $5,802,000.

MOTION NO. 9611
Dr. Campbell moved for approval of Item VI.A.2. Motion approved 5-0.

VI.A.3. APPROVAL OF CONCEPTUAL APPROVAL FOR ESTRELLA HALL EXPANSION AND REMODEL AT ESTRELLA MOUNTAIN COMMUNITY COLLEGE - provide Conceptual Approval for the expansion and remodel of Estrella Hall at Estrella Mountain Community College with a Total Project Budget of $22,159,303.

MOTION NO. 9612
Mr. Lumm moved Item VI.A.3 be approved. Motion approved 5-0.

(VII.A.)
BUDGET ANALYSIS REPORT SUMMARY
FUND 1 – GENERAL UNRESTRICTED FUND
FOR THE TWO MONTHS ENDED AUGUST 31, 2009

Expenditure analysis indicates 12.3% of the budget has been expended this year as compared to 11.8% expended at this same point in time last year. 43.6% of the budget remains unexpended or unencumbered compared to 42.4% in the prior year. Revenue analysis indicates that $134.1.0M of the budget has been recognized. The projected fund balance will increase by ~$0.5 million this fiscal year and the projected ending fund balance for June 2009 is $102.6M.

NEXT BOARD MEETING
President Clark announced that the next Governing Board Meetings would be a Special Board Meeting on September 30, 2009, a Regular Board Meeting on October 27 , 2009 at 6:30 p.m. and a Monitoring Retreat on November 10, 2009 at 6:30 p.m.

ADJOURNMENT
The meeting adjourned at 8:20 p.m.

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Randolph Elias Lumm
Governing Board Secretary