District Academic Senate

Unapproved Minutes

Tuesday, February 7, 2006

 

   I.       Organizational Matters

 

   I.1     Call to Order/Roll Call

            The meeting was called to order at 2:12 p.m. by Co-Chairs Alex Braun and Angelica Buendia-Bangle.

Senators

   A

   P

Senators

   A

   P

Beggs      (MC)  AAS

    X

 

Mingione (WVC) AF/Bus

 

   X

Berlani     (WVC) Science

 

   X

Moles     (MC)  ESL

 

   X

Braun       (MC) Pres/Technology

 

   X

Nash      (WVC) Student Services

 

   X

Brichko    (MC)  CATA

   

   X

Ostrander (MC) Student Services

 

   X

Brueckner  (WVC)  Fine Arts

 

   X

Pape       (WVC)  English

 

   X

Bangle (WVC) Stud Services

    

   X

Perlas      (MC)  Student Dev.

 

   X

Burzynski  (WVC)  Math

  

   X

Rascov    (WVC) Business

 

   X

Cogswell  (MC)  AAS

 

   X

Rounds    (MC) Communications

 

   X

Cox   (MC)  Commercial Serv.

    X

 

Rudy       (WVC) PE

 

   X

Hannigan (WVC) Language Arts  

 

   X

Shue       (WVC)  AAS

   X

 

Juncker    (MC) Communications

 

   X

Smebye   (MC)  Comm’l Serv.

 

   X

Kashima  (MC)  ESL

 

   X

Szabados  (MC) CATA

 

   X

Kelly      (WVC) Social Science

   

   X

Ting        (MC)  Math

 

   X

Laird       (MC)  Social Science

 

   X

 

 

 

Lavallo    (MC)  Math

   

   X

Other: J.Henderson (WVCAS)

    X

 

 

 

 

 

 

   X

Guests: S.Aitken, P.Andrews,  C.Beck, N.Biltz, W.Bowers-Gachesa, J.Bracy, G.Burciaga, B.Burton, R.Carlson, S.Carter, R.Castello,  M.Chan, R.Charland, F. Chong, Y.Coleman,  K.Colson, P.Couch, S.Dinger,  E.Dooley,  B.Doomani, K.Dworak,  M.Faulstich, D.Franco, E.Johnson,  P.Jones-Foster, T.Karas, C.Kuri, C.Lam, R.Ledesma,  

 

 

Guests: E. McAlister,  D. McGee, D.McKay , J.Malone, A.Martinez, B.Miller, P.Nguyen, G.Oliver,    B.Owens, S.Pancella, J.Patton,  D.Peck, J.Peck, G.Peterson, H.Pham,  J.Powers,  R. Sanchez, K.Rasczkowski, D.Stewart, C.Toppel, R.Tran, T.Trang,    R.Lowenberg, J.Lucas, S.Ludwig,  A.Martinez, M.Mora, M.Mint,

   

   X

Note:  There were additional guests that did not sign in.

 

 

 

 

   X

                 

  I.2      Order of the Agenda

            It was agreed (M/S/P – Rounds/Mancini) that Item II.1 will be addressed as the last item of business.

 

  I.3      Announcements & Information

            a)  Senator Szabados announced that a workshop on the use of PDIs for learning will be held at Mission College on February 24, 2006, in the MC Technology Building.

 

 II.       Oral Communication from the Public

            Trustee Jack Lucas introduced himself and thanked the Senate for continuing to keep him apprised via the Senate minutes.

                       

III.       Approval of the Minutes for December 1, 2005

            The minutes for the December 1, 2005, meeting of the District Academic Senate were accepted and approved as submitted (M/S/P- Kashima/Szabados).

 IV.      Business

 

 IV.2    Report on China Recruitment Initiative

            The District Academic Senate co-Chairs advised the Senators that late last semester they were informed of a China recruitment initiative.  They were advised that the concept was brought to a member of the Board of Trustees by a Saratoga business man.  The intent of the initiative is to meet with City officials within two cities in the Szechuan province, establish a relationship and explore a recruitment program.

 

            Angelica advised that she met with the Chancellor and President Hartley to clarify the purpose of the initiative.  She advised them that this issue appeared to be more than a recruitment initiative and that she felt strongly that the Academic Senate must be involved anytime the District becomes involved in the exploration of an international recruitment. When students are brought in from any other country, there is a need to understand the needs of those students, their culture, etc.  She reported further that specific District employees were approached regarding this initiative; Wanda Wong and Sara Patterson, WVC Counselors involved with international students at West Valley College, and Carol Qazi, with the MC International Students Program were approached.  There was some concern expressed as to the number of people invited to participate in the initial exploratory visit.  Apparently, two Board members, the Chancellor, the two Academic Senate Presidents, one WVC faculty member, and Carol Qazi, from MC have been invited.  It was noted that spouses or significant others were invited to take the trip as well, paying their own expenses.

 

            Angelica stated that the West Valley College Academic Senate holds its president accountable for asserting the power of the Academic Senate when appropriate.  When she advised the Chancellor that the Academic Senate needed to be at the same table, she was initially told that this matter did not fall under the purview of the Academic Senate.  She was, however, ultimately invited to participate in discussions. 

 

            Alex added that the trip to the Szechuan Province is planned for March 17th and March 18th, returning on March 26, 2006. He was advised that the cost of the trip to the District would amount to $20,000 - $25,000 and that the funds would come from the Land Corporation.  When asked how the Land Corporation came to allocate these funds, Dr. Chong explained that he made a presentation to the members of the Land Corporation, with a proposal to enhance the International Students Program. The Land Corporation allocated $180,000 to enhance the International Students Program and the funds for travel to China will be taken from that allocation.  Alex continued, stating that the focus was to establish a relationship with key officials from China, to open the colleges’ doors so that Chinese students could study in the United States.  No specific number of students is targeted.  He noted that many California community colleges offer an International Student Program, which provides an excellent source of revenue.  He stated that Peralta has such a program, which brings in revenue of $1.5 - $2 million per year.  This revenue remains in the District as opposed to other funds available.

 

            Both Alex and Angelica indicated that they are seeking direction from the Senate as to how to proceed on this matter and opened the floor to discussion.

 

            Discussion ensued, and a number of concerns were expressed.   The primary concern dealt with the process used in the decision-making and planning of the trip to China. What was the process, if any? Who made the decision?  Where does this initiative fit in with the District’s and colleges’ strategic plans?  Another concern related to the Mission College International Students Program (ISP).  The MC ISP is responsible for the recruitment of students for the program.  Why is this initiative separate and how is it different?  Why isn’t the ISP staff working as usual?  In response, it was explained that the administration wants managers of the District to establish the relationship with the Chinese officials.  They would then follow up with programs and the recruitment efforts. It was also noted during discussion that, given that the Chinese students are rarely granted visas, this initiative seems questionable to begin with. 

 

            Another concern expressed related to when the Academic Senate Presidents were informed of the plan.  Alex explained that it is his understanding that the topic was under active consideration for months prior to the Senate Presidents being advised at the end of last semester. Concern was also expressed that the Academic Senate Presidents learned of the initiative indirectly and long after discussions began.  This matter should have been brought to the Academic Senate for discussion from its inception.

 

            Several Senators indicated their support for recruitment efforts in other countries. They should be well planned and, referring to specific experiences, opined that the contingency should be smaller. In addition, the members of the contingency should be made up of people with a track record, i.e. previous personal experience, and a call for interested people would be appropriate.  It was also stated that since the District currently has difficulty recruiting students from local cities, the money would be better spent to enhance local recruitment efforts.  In addition, the District has great difficulty with the current budget.  With additional revenue, the budget concerns may just be increased.  At this time, this District is in a crisis relative to negotiations and morale, and the top priority should be to address the problems before undertaking anything else.  It was stated that there is a point in time when the faculty takes a position not to support other initiatives.  Faculty have reached their limit in terms of patience.  There was some who viewed that the trip will happen despite any action taken by the Academic Senate and others questioned the need to move so quickly at this time.

 

            Several attempts were made at motions to address the issue, and the following motion was perfected and passed (M/S/P – Kashima/Nash):

 

            “that the District academic Senate postpone endorsement of the China recruitment initiative until such time as we (District Academic Senate) receive more information.”

 

IV.3     Discuss & Consider Resolution Relative to Working Relations in the District

            The District Academic Senate has received a resolution for its consideration in regard to the current working relationship in the District from its constituents.  Senators were provided a copy of the resolution prior to today’s meeting with a request to discuss with their constituents and be prepared to consider the resolution at today’s meeting.  In addition, Alex advised that the Mission College Classified Senate passed a resolution on February 1, 2006, and requested that it be presented to the District Academic Senate.  The resolution from the Classified Senate was read into the minutes as follows:

 

“Whereas, The West Valley Mission Community College District (hereafter called the District), the Board of Trustees (hereafter called the Board) and the Administration have clearly demonstrated a lack of respect and appreciation for staff, and

 

Whereas, The classified staff have the perception that the Chancellor and the Board are not cognizant of the value of staff as a primary resource for accomplishing the District’s mission and goals, and

 

Whereas, The current organizational climate and staff morale is at an all time low as evidenced by reduced staffing levels, increased workload, an increased number of staff working out-of-class without the appropriate compensation, thus leading to additional stress resulting in increased absences due to medical related issues, and

 

Whereas,  Due to the above organizational climate and staff morale, the staff to student ratio is significantly effected, resulting in a decreased level of quality customer service leading to a lack of proper student support, and

 

Whereas, Negotiations with the District over the past three years have been unsuccessful and contentious illustrating a change from the spirit of collegiality, good faith, and respect that has historically been the tradition in this District, and

 

Whereas, There has been a prolonged period of significant breach of confidence between the Classified Staff and the Board, Chancellor and Administration, and

 

Whereas, The District Academic Senate passed a resolution on May 12, 2005, in response to the Board’s resolution of May 5, 2005, in recognition of staff,  recognizing the value of classified staff relative to students and education and imploring the Board to, “…follow through with wages and benefits that will enhance the quality of life of these valued employees,” showing true respect for their work and contributions with substantive salary and benefits,  and 

 

Therefore Be It Resolved, That the Classified Senate will continue to support faculty and will direct all staff to work to contract relative to their job description and hours, as well as refrain from working out of class without proper compensation, and

 

Be It Further Resolved, That the District business related to items that directly effect staff be reviewed and discussed for consideration with representatives of classified staff prior to any action taken by the Board, District and/or Administration, and

 

Be It Further Resolved, That the Board, the Chancellor, and the Administration honor the District Academic Senate’s resolution in support of staff, and enter into good faith negotiations with staff to achieve a mutually acceptable agreement relative to health benefits and compensation that is commensurate with the actual and true financial status of the District, including all sources of revenue (i.e. the Land Corporation revenues) by March 14, 2006, and

 

Be It Further Resolved, That the above requests be fulfilled by March 14, 2006, or the Classified Senates will advise all staff to end participation on any and all College and District committees, and inform the State Chancellor’s Office of this decision, and

 

Be It Finally Resolved, That if by May 1, 2006, the concerns listed above are not satisfactorily resolved, the Classified Senate will proceed with further consideration of other actions.”

(Please Note:  Following this meeting, the MC Classified Senate President met with the WVC Classified Senate and its President and a revised joint resolution was prepared, amending the above resolution, to be presented to the Board on February 16, 2006.)

 

At this time, a motion to adopt the resolution presented to the District Academic Senate for consideration was made (M/S – Smebye/Ostrander), and the resolution was read into the minutes as follows:

 

“Whereas, The West Valley Mission Community College District (hereafter called the District), the Board of Trustees (hereafter called the Board) and the Administration have clearly demonstrated a lack of respect and appreciation for faculty, and

 

Whereas, The faculty have the perception that the Chancellor and the Board are not cognizant of the value of faculty as a primary resource for accomplishing the District’s mission and goals, and

 

Whereas, It is the purview of the faculty via the Academic Senate to set academic directions, and

 

Whereas, District business is being conducted by the Administration and the Board under the guise of shared governance, yet agendas are set without prior consultation and with pre-determined outcomes, as evidenced by the Kuwait Project, the China Initiative, the decision to abandon achieving the District FTES Base as reported to DBAC, and

 

Whereas, The current organizational climate and faculty morale is at an all time low as evidenced by the increasing number of finalists for faculty positions who do not accept our employment offers, new faculty who resign in the first two years, and long time faculty who are choosing to retire early, and

 

Whereas, The relationship between negotiating compensation and benefits for faculty and the ability to attract and retain good faculty has a direct relationship to and impact on the quality of academic programs, and

 

Whereas, Negotiations with the District over the past three years have been unsuccessful and contentious illustrating a change from the spirit of collegiality, good faith, and respect that has historically been the tradition in this District, and

 

Whereas, There has been a prolonged period of significant breach of confidence between the faculty and the Board, Chancellor and Administration,

 

Therefore Be It Resolved, That the Academic Senate will continue to support ACE directives regarding work to contract during the Spring 2006 semester, and

 

Be It Further Resolved, That the Board and Administration enter into good faith negotiations with faculty to achieve a mutually acceptable agreement relative to health benefits and compensation that is commensurate with the actual and true financial status of the District, including all sources of revenue (i.e. the Land Corporation revenues) by March 14, 2006, and

 

Be It Further Resolved, That, in accordance with Title 5, the Academic Senate requests that a place be set on each Board agenda for the Academic Senate Presidents to directly address the Board on issues of concern relating to academic directions, shared governance, budget processes and any other areas that fall under the purview of the Academic Senate as stated in Title 5, and

Be It Further Resolved, That the District business related to items that fall under the purview of the Academic Senate as stated in Title 5 be presented to the Academic Senate for consideration prior to any action by the Board, District and/or Administration, and

 

Be It Further Resolved, That the above requests be fulfilled by March 14, 2006, or the District Academic Senate will advise, in writing, the Board, the State Chancellor for California Community Colleges, the Academic Senate for California Community Colleges, and the Western Association of Schools and Colleges (WASC) that, with regret, effective March 15, 2006, it will suspend all Academic Senate operations resulting in the following:  All faculty will be directed to end participation in all District and College committees, and all Academic Senate committees and task forces will be directed to cease operations, including the Curriculum Review Committee, the Instructional Technology Committee, the Student Learning Accreditation, and Staff Development among others, and

 

Be It Finally Resolved, That if by May 1, 2006, the concerns listed above are not satisfactorily resolved, the District Academic Senate will proceed with further consideration of other actions.”

 

Discussion ensued, and in reviewing the resolution it was stated that there is a nexus between what is happening in negotiations and the health and quality of the colleges’ academic programs. Good faculty are essential to academic programs. Many faculty have been experiencing degradation, some faculty are preferring to take positions elsewhere with better benefits and compensation, and some newly hired faculty have been leaving before receiving tenure taking other positions. Many long-standing faculty members have taken early retirement due to the current situation. 

 

To clarify the intent of suspending Senate operations, it was explained that suspending Academic Senate operations does not mean that the Academic Senate will disband.  The Senates will continue to meet, to monitor the situation, keep faculty apprised of any progress, and/or take whatever action it deems necessary.   Suspending Senate operations means that all committee work will stop.

 

It was opined that this action places faculty in the position of “victim” rather than a position of leadership and concern was expressed that the Senate might abdicate its role.   In response, it was stated that this resolution is a step towards asserting faculty leadership.  If one believes that the China trip will take place in any case, this resolution makes a strong statement.  It was also noted that the health benefits situation is a national issue.  However, other districts are facing the same concerns regarding benefits and have chosen to support faculty and take the risk that there will be ample funding.  It is time for the District to take risks and show its support of faculty.  It was also noted that the District has been in violation of the 50% rule for three years in a row.  There is no excuse for any violation of the law. 

 

As discussion continued, the Senators were reminded of the Resolution of No Confidence in the Chancellor.  One of the issues in the Bill of Particulars related to shared governance, and nothing has changed.  The current actions regarding Kuwait and China demonstrate that shared governance is not being implemented.  The Academic Senate should have been privy to the information from the beginning.  The resolution clearly makes the faculty’s position clear that such behavior and actions will not be supported.

 

Another issue that demonstrates the current contentious situation is that the District has hired the interim Director of Human Resources as a Chief Negotiator.  This action is not in the best interest of faculty and staff.     People with a long-term interest in the District are needed. 

 

Faculty members are working a sixteen week semester, winter session, summer session, and pre-session.  This schedule is not fiscally responsible; there are other ways to bring in revenue.  There is a need for consensus rather than unilateral action.  When we work together, initiatives happen together and issues get resolved.   The Academic Senate and faculty are struggling for the right to have a real voice.  So far, it appears that faculty do not have a real voice.  Things get started without faculty involvement and continue without faculty involvement.  In addition, it was stated that this resolution provides the opportunity for the Academic Senate to support classified staff and their resolution.  The administration, in the past, has been able to divide the various constituent groups.  The resolution sends the real and true message to the administration that the faculty and the classified staff are united.

 

Senator Cox was not able to attend today’s meeting and requested that Alex read her information into the minutes for the record.  Her comments are as follows:

 

“As a member of the Mission College Academic Senate, representing the Commercial Services Division, I regret that I am unable to attend this District Academic Senate meeting to address the "Resolution Relative to Working Relations in the District."  However, I have discussed this issue with my colleagues and constituents, and I feel that it is important to give our input.

 

The Board and the Administration of the District have repeatedly acted in ways that demonstrate a lack of understanding of the basic importance of faculty's role in shared governance.  I do not need to reiterate the most egregious of these actions; they are laid out in the resolution. They range from adversarial and contentious behavior during contract negotiations to major failures of communication and shared governance.

 

These are not simply matters of working conditions, which can, or should be negotiated by our union.  These are matters that affect the most basic responsibilities and obligations of the faculty.  The faculty collectively, through the Academic Senate, are charged by Title 5 of the California Education Code with specific responsibilities relating to academic and professional matters.  We cannot carry out these responsibilities in the current climate.

 

Among the faculty I spoke to, perceptions of the current situation are varied. Some faculty who have joined Mission College recently have generally positive perceptions of the working relations in the District.

 

The vast majority of faculty with whom I spoke felt that working relations between various groups - particularly between the Administration and Board on the one hand, and the Faculty on the other hand - have deteriorated badly over the past several years.

 

Those with the longest experience in the District spoke repeatedly of a history of collegiality and mutual respect that was the norm for many years, and which over the past several years has degenerated into a climate of mistrust, antagonism, and disrespect.  Much of the responsibility for this is laid at the feet of the Board and the District Administration.

 

I have been a part of the faculty at Mission for twelve years now, both as an associate and a full-time tenured faculty member.  I have watched this situation develop over the past several years.  I believe that the actions requested of the Board and the Administration in this resolution will not completely resolve the problems we face, but they are essential if we are to rebuild a strong working relationship between the faculty, the staff, and the management of this District.

 

I urge the support of the entire District Academic Senate for this resolution.’

 

Discussion was opened to the floor and guests spoke in support of the resolution.  The Senators were reminded that the Board promised years ago that this District would be in the top three of the ten colleges as leaders in salary, alternating with Foothill-DeAnza.  This District is closer to 10th place at this point.  Another action taken by the administration that has contributed to the low morale was the granting of tenure and pink slips to some 60 faculty at the same time.  In addition, not meeting the FON resulted in a fine of $1 million. Many faculty members have retired early due to the failure to negotiate in good faith and have filed a class action lawsuit against the District for things promised – things they were certain they were vested in. The administration was found to be in violation of the 50% law for years, despite repeated warnings made by faculty.  The relationship between the Board and the faculty should be a partnership.  The current system is not moving in that direction.

 

A motion to call for the question passed unanimously (M/S/U – Kashima/Smebye) and the Senators voted unanimously to adopt the resolution as presented.

 

A Senator requested that several actions be taken to provide evidence and information, one being to conduct a survey by an objective third party as a follow-up.  It was agreed that this matter should be brought before the Senate at a future meeting.                     

 

 IV.1    Update Report from Feasibility Study on Kuwait Task Force

The Senators were advised that the task force has met twice and is developing its list of criteria for the feasibility study.  The task force is scheduled to meet again on February 21, 2006.  Alex agreed to provide the Senators with a written report.                                    

 

    V.      Future Agenda Items

              1.  Consider Request to Conduct Survey as a Follow up to Resolution (Rudy)

 

  VI.     Adjournment

            The meeting was adjourned at 3:56 p.m. (M/S/U – Pape/Morgan). These minutes are respectfully submitted by Grace Hazán, Academic Senate Secretary.