District Academic Senate

Unapproved Minutes

Tuesday, May 2, 2006

 

   I.       Organizational Matters

 

   I.1     Call to Order/Roll Call

            The meeting was called to order at 2:35p.m.by Co-Chairs Alex Braun and Angelica Buendia-Bangle.

Senators

   A

   P

Senators

   A

   P

Beggs      (MC)  AAS

    

   X

Martin    (MC)  Technology

    X

 

Berlani     (WVC) Science

 

   X

Mingione (WVC) AF/Bus

    X

 

Braun       (MC) Pres/Technology

 

   X

Moles     (MC)  ESL

 

   X

Brichko    (MC)  CATA

    

   X

Morgan   (WVC) Lib/LATC

    

   X

Brueckner  (WVC)  Fine Arts

 

   X

Nash      (WVC) Student Services

    X

 

Bangle (WVC) Stud Services

    

   X

Ostrander (MC) Student Services

 

   X

Burzynski  (WVC)  Math

  

   X

Paicius   (MC)  AF/CATA

    

   X

Cogswell  (MC)  AAS

   

   X

Pape       (WVC)  English

   X

 

Cox   (MC)  Commercial Serv.

 

   X

Perlas      (MC)  Student Dev.

 

   X

Ellis  (WVC)  At-Large

    X

 

Rascov    (WVC) Business

 

   X

Hannigan (WVC) Language Arts  

    X

 

Rounds    (MC) Communications

 

   X

Holt   (MC)  ASB Rep.

    X

 

Rudy       (WVC) PE

    

   X

Juncker    (MC) Communications

 

   X

Shue       (WVC)  AAS

    X

 

Kashima  (MC)  ESL

 

   X

Smebye   (MC)  Comm’l Serv.

 

   X

Kelly      (WVC) Social Science

   

   X

Szabados  (MC) CATA

 

   X

Laird       (MC)  Social Science

 

   X

Ting        (MC)  Math

    X   

 

Lavallo    (MC)  Math

   

   X

Treseder  (WVC) ASB Rep.

    X

 

Mancini   (MC)  AF/HM

 

   X

Other: J.Henderson (WVCAS)

    X

 

 

Guests

Guests

Guests

S. Aitken

S. Dinger

A. Malchow

P.Andrews

L. Harris

D. Masury

S.Arterberry

C. Lam

G. Oliver

N.Biltz

D. McKay

S. Pancella 

H. Dennis

E. McAlister

H. Pham

 

 

C. Toppel

                 

  I.2      Order of the Agenda

            There were no changes to today’s order of the agenda (M/S/U).

 

  I.3      Announcements & Information

            1.   Angelica and Alex reported that they attended the Spring Plenary Session of the Academic Senate for California Community Colleges (ASCCC) last week and benefited greatly from the various breakout sessions.  Angelica offered to distribute information regarding legislation relative to local academic senates to anyone interested. She also reported that Ian Walton was re-elected as President of the ASCCC and Jane Patton was re-elected as Treasurer. 

 

                  Alex explained that on the third day of the Plenary, the members of the ASCCC debate and vote on various resolutions.  One issue that was of particular interest and was presented in a number of resolutions dealt with whether or not the part-time faculty load should be increased from 60% to 80%.  All the resolutions dealing with this issue failed, the primary reason being that the impact on the various colleges and/or districts varied significantly.  Some reports indicated that such action could negatively impact some colleges and/or districts.  At this time, the ASCCC has taken a negative position on this proposal.  The Executive Committee will work on the development of a resolution that will take into account the varying issues and the question will be considered at the Fall Plenary Session.

                                                                                               

 II.       Oral Communication from the Public

            Chancellor Arterberry reported that he attended a meeting of the Board of Governors (BOG) yesterday and the issue of the fines levied against seven districts, for a total of $4.2 million, for failing to meet their Faculty Obligation Number (FON) was discussed.   This District’s fine was in the amount of $1.3 million. Chancellor Arterberry stated that the District has been setting aside approximately $400,000 each year for the last two years (2003/04 and 2004/05) to cover the fine if imposed.  He advised that the BOG agreed to waive the fines at yesterday’s meeting, with the caveat that the funds be used for academic and academic support only and that a report be made back to the State Chancellor’s Office indicating same.  The Chancellor advised that the matter will be brought to DBAC with a recommendation as to how funds should be allocated. 

 

            It was stated that these funds would be in addition to an increase in COLA and equalization money.  The Chancellor explained that the equalization money is tied into the Scott’s Bill and the COLA is predicted to increase from 5.1 to 5.92.  The Chancellor explained that the May revise of the Governor’s budget will provide more information on equalization money and COLA.

 

III.       Approval of the Minutes for April 18, 2006

            The minutes for the meeting of April 18, 2006, were accepted and approved (M/S/P – Kelly/Szabados) with the following correction to Item IV.1, Page 2, 4th paragraph, 4th sentence as indicated:

 

            “The Chancellor also advised that Ohlone College will discuss sending their Chinese exchange students to Mission College to enroll in the college’s ESL IIS immersion program.”

 

IV.       Business

 

 

IV.1     Update Report & Discussion on District Academic Senate Resolution and Consider Further Actions

Co-Chair Bangle announced that a request was made to read the following letter into the record.  This letter was sent to the Board of Trustees by the Mission College Division Chair Council    Angelica read the letter signed by all the Division Chairs, noting that, to date, there has been no response from the Board to this letter:  

 

            April 14, 2006

 

            To:       Stan Arterberry, Jeffrey Schwartz, Chris Constantin, Joy Atkins, Jack Lucas,

                        Bob Owens, Buck Polk, Chris Stampolis, Kathi Tran, Kellie Raczkowski

 

            From:  Mission College Division Chair Council

 

            RE:       Current Issues in the District

 

            Our District stands at a crossroads which will have a lasting effect on current and future students.  The Board of Trustees, guided by Chancellor Arterberry, has taken an intractable position on negotiations and shared governance that has resulted in the District Academic Senate’s resolution to suspend faculty participation in committee work.  This is most regrettable.   Even more regrettable, however, is the apparent lack of concern emanating from the Board and the Chancellor to sincerely try to rectify the situation.

 

            As a result, we, the Division Chairs of Mission College, need to express our frustration with this lack of concern and lack of leadership.  The number of processes that have come to a halt is shocking.  Faculty and staff hiring committees, Curriculum Review Committee, Accreditation, Educational and Facilities Master Planning, and Governance and Planning,  are just a few of the committees and processes in which faculty have stopped participating. 

 

            We are also concerned about the apparent direction of the Chancellor to the management team to have these processes continue without faculty participation.  This direction is short sighted and will ultimately result in bad decision making.  One example is the Educational and Facilities Master Plan.  By May 26, 2006, the CCS group needs to know what educational programs will move to the new general education building in order to plan for swing space and the permanent relocation of programs.  Harriett Robles has planned a forum for Friday, April 14th to discuss the relocation college wide.  The problems with this are numerous.  First, it was originally planned that the Educational Plan would guide the Facilities Plan.  That obviously won’t happen because the Educational Plan cannot continue without the faculty groups that were validating the plans.  Proffering a Facilities Plan in isolation presents additional problems because the faculty has been advised not to attend the forum which will result in facilities decisions being made with little or no input from the academy.  We are sure you can foresee the results of such a strategy.  This is a major undertaking and we have a responsibility to our students and to the taxpayers to act in a conscientious way regarding the expenditure of money and the future educational plans for the college.

 

            Be not mistaken, the Division Chairs are firmly in support of faculty and staff and the Academic and Classified Senate Resolutions.  We also want to participate in these important decision making processes for the good of our college and our students. We are losing the opportunity to make good decisions about our facility and educational programs, the repercussion of which will follow us for the next thirty years.  We have also stopped hiring staff and faculty; a decision that will also have long lasting consequences; but who, in good conscience, can bring new faculty and staff into this District as it is today?

 

            The deterioration of our district can be corrected very quickly.  You are the people with the power to do that.  You hold all the cards and you are setting the direction.  We implore you to end this stalemate, show your support for faculty and staff, and provide the kind of leadership for which you were elected.    

 

            Respectfully,

 

            The Mission College Division Chair Council:  Jim Burrell, Alan Chandler, Ann Cowels, Judie, DelFrate, Jim DeLongchamp, Clement Lam, Rachel Lowenberg, Ellen McAlister, Dianne McKay, Cliff Monroe.”

 

            Following the letter the chairs requested that Nan Biltz and Pat Andrews report on the current status of negotiations.  Nan Biltz, President of the SEIU, stated that after the resolution was passed, communication in negotiations improved, and things were going so well, it was thought that a settlement was forthcoming.  At this time, however, it appears that the communication has been deceptive and that there is a disconnect between the negotiators and the District, making the prospect of a settlement more dismal.   It is believed that the people sitting at the negotiation table are not writing the counter proposals.  There is information that Sandi Dillon is still employed by the District and continues to write the counter proposals.  Nan advised that SEIU members are interested in meeting and consulting with a labor attorney to consider further actions, and such a meeting has been arranged. 

 

            Pat Andrews, speaking as the ACE President, agreed with Nan’s report, referring to e-mails sent to all faculty last week from Pat and Randy Castello.  She stated that people at the table are not able to make decisions, thereby making negotiations fruitless.  The ACE Executive Council has requested that the District submit counter proposals prior to the next meeting, which was to be held last Friday, in order for the Council members to have time to review the proposals.  The District has complied, and ACE Council members are currently reviewing the proposals. A tentative negotiation session is scheduled for this Thursday at Noon, depending on the Council’s decision. 

 

            At this time Pat stepped down from her role as ACE President and addressed the Senate as a faculty member of more than 20 years, stating that she no longer has any confidence or faith in the Board of Trustees.  The Board is ignoring pleas to resolve the current situation.  It is her recommendation that the District Academic Senate call for a vote of no confidence in the Board of Trustees.  The Board members are elected to serve the community and the District, and this Board is not serving its constituents or the employees of the District.

 

            Discussion was opened to the floor, and it was reported that some Board members appear not be aware of the actual facts dealing with negotiations.  For example, faculty has received only a 1% increase in salary over the last three years.  A Board member indicated the belief that the increase was on top of COLA and was not aware that faculty have not received COLA.  In addition, it was stated that a Board member indicated that he was not aware as to how the Land Corporation spends its money and whether or not the Board is in violation of the Brown Act relative to narrative minutes.

 

            Doug Masury, speaking on behalf of classified staff, indicated that classified staff members are in favor of a vote of no confidence in the Board and will follow the Academic Senate’s lead on this matter. Doug also raised concern regarding AB 1366, which enhances fiscal accountability in higher education by authorizing the Board of Governors or a community college district to request the Fiscal Crisis and Management Assistance Team (FCMAT) to assist a community college in need of fiscal management review.  The possibility of conducting a FCMAT evaluation at our District will be discussed at DBAC.  Doug expressed his opinion that the 311 Report from the District to the State is assumed to be accurate and should serve to establish fiscal accountability.

 

            A motion directing the Academic Senate Presidents to request the resignation of a Board member failed.  Several Senators spoke to the issue, citing the need for time to prepare a resolution listing the documented reasons to substantiate the request.  In addition, it was stated that one Board member cannot be held responsible for the actions of the Board, which operates as a body and actions are taken by a majority vote.  It was stated that a vote of no confidence in the Board of Trustees is the correct course of action, focusing on the collective responsibility of the Board members. 

 

In response to the above, the Chancellor stated that he agreed with Pat’s report on negotiations, and, relative to SEIU, it is his opinion that the reason there has been a change in negotiations with SEIU is that the new Chief Negotiator for SEIU has concerns with the direction being taken by previous negotiations.  As for narrative minutes, he stated that neither the Brown Act nor Robert’s Rules of Order require narrative minutes.  Angelica advised that a formal request for more comprehensive minutes has been made to the Board.  She and Alex have been advised that Jeff Schwartz and Chris Constantin will explore this matter further with them.  The view that transparency is necessary in order to follow the money was stated, as well as the fact that faculty want to be involved and participate on the Land Corporation. 

 

At this time, the floor was turned over to Sally Aitken, the WVC Accreditation Liaison, who addressed the Academic Senate on the effect the District Academic Senate’s resolution is having on accreditation.  She expressed her belief that the Senate has relinquished its power and that accreditation is the tool to use to attain positive change.  She noted that everything is required to be based on evidence, and if faculty will embrace the accreditation task and take an active role in addressing the weaknesses, the end result will be positive. This requires faculty participation.  She indicated that the report will be written and submitted to WASC without faculty input and the faculty will have to deal with the consequences.  She urged the Senate to take back its power by providing faculty input.  She stated her commitment to produce a fair and balanced report, which she feels cannot happen without major, concerted faculty input.  She asked that the District Academic Senate seriously consider lifting its suspension relative to accreditation.

 

Several Senate members and guests spoke to the issue on accreditation.  One view stated is that the Senate is not relinquishing its power but rather implementing its power.  If the accreditation report moves forward to WASC, it will be clear that the report is without faculty input or agreement.  To participate would defeat the purpose of the resolution and/or weaken the stance the Academic Senate has taken.   This is one way of demonstrating just how upset the employees of this District are. 

 

It was also stated that often when an entity takes a position, it means sacrifice and the entire membership of the Academic Senate voted for this resolution.  In addition, it was noted that when the resolution was first passed, negotiations improved and there seemed to be an improvement in shared governance.  Since the Senate lifted the suspension on hiring committees, it appears that negotiations have taken a step backward.  Shared governance and respect do not seem to be an issue for the District.  Faculty members are educators and givers, and it is difficult to take this stand, but it is obvious that the District does not respect the core of faculty as educators.

 

Great respect was expressed for Sally Aitken, and she was advised that faculty did not want to take this action; faculty want to participate and work on the accreditation as well as other faculty issues.  Faculty, however, are not participating in preparing the accreditation report because it serves as the public face for these institutions, and it is easy to spin faculty’s action as internal bickering.  Faculty is willing to sacrifice accreditation as an indictment of this District and its leadership for bringing us to this point and allowing this to happen.  It was opined that the Academic Senate can write a minority accreditation report.  This would allow WASC to recognize that this is a District in serious crisis. At this time, Sally advised that she has been advised that WASC will only read one report from each college and will disregard a minority report

 

The Chancellor confirmed that only one accreditation report will be accepted and WASC no longer steps in to solve problems. He stated that he is trying to create an environment to resolve the issues.  When it comes to accreditation, however, the District is required to submit a report by a given date. Since faculty are the key drivers in student learning outcomes, without faculty participation, the District will probably receive a warning.  He asked that the Senate consider the seriousness of this action. In response, the Senators were reminded that there will be an accreditation visit, and if the minority report is not considered, certainly faculty can have their say during the site visit.  It was noted that this atmosphere has never existed before.  The District, faculty and staff have always been able to work together and turn things around.  This is a great District, with good people and good students.   Overall, guests and Senators urged that there be no further exceptions to the resolution, that the Academic Senate stand firm on its convictions, that the Senate maintain its position on the resolution as a way to implement change, and move forward.  It was suggested that the issue of accreditation be deferred to the task force for consideration.

 

At this time, the following recommendations developed by the task force for the Senate’s consideration were presented as follows:

 

RECOMMENDATION 1

                        The District Academic Senate directs Academic Senate presidents to convey to the Board that             improvement and quality of negotiations can be met by fulfilling the following:

 

            1.  The district negotiating team exercises good faith negotiation by presenting timely counterproposals.

            2.   The district negotiating team is given sufficient flexibility and authority to make proposals and counterproposals without having to go back to the Board of Trustees for specific authorization in every case.

            3.   The entire Board of Trustees is directly and proactively involved in the analysis of negotiation proposals, rather than relying on summaries prepared by a subcommittee or individuals.

            4.   Contract proposals should allow negotiations to agree and settle on individual items, rather than presenting an “all or nothing” package.

 

RECOMMENDATION 2

                        Schedule a Strategic Conversation between faculty and the Board on May 18, 2006.

            Focus: To define and clarify issues and concerns and begin to identify possible solutions in the areas of respect, morale, and campus climate.

 

RECOMMENDATION 3

                        Direct District Academic Senate Presidents and Secretary to schedule at least two District         Academic Senate meetings during the summer of 2006.

 

RECOMMENDATION 4

                        The deadline for the resolution adopted on February 7, 2006, put into effect on March 14, 2006,          and modified on April 18, 2006, be extended until October 3, 2006 to allow further progress in       the four areas identified in the resolution.        

 

            The Senators agreed to consider recommendation #1, #2, and #3 as one and #4 separately (M/S/U – Cox/Cogswell) and proceeded to review and discuss recommendation #1, #2, and #3.  During discussion it was noted that some administrators make presentations to the Board and paint a rosy picture, as though nothing was wrong at the colleges.  The Board members are not getting the full story, and there appears to be deceit, which brings mistrust.  The faculty members are here to educate the students, and the Board and the Chancellor, who should be supporting the faculty have forced employees into an untenable position.  It has been stated that the Board and the faculty go through the Chancellor, making the Chancellor the center point.  If that is the case, then the Chancellor should exercise good leadership and be the one to bring the District together, and he was challenged to do so. A Chancellor that could bring everyone together would enhance his career and reputation, as well as the District.  

 

            Relative to the first recommendation, the Chancellor advised that the Board’s Budget subcommittee is comprised of Trustee Schwartz, Trustee Constantin, and Trustee Owen, and they give direction to the Board on budget issues. He expressed his view that this is not functioning appropriately and he has recommended an expanded closed session of two hours with the entire Board to consider negotiation proposals dealing with the four unions.  The first two-hour session will be held this Thursday and will deal with ACE and SEIU proposals.  The Chancellor expressed his concern that the recommendations extend the resolution through the summer.  Relative to Recommendation #2, it is anticipated that the Academic Senate for California Community Colleges (ASCCC) and the Community College League of California (CCLC) will respond to the request for advisory assistance sometime this month.  It is important that the District and faculty establish a common ground and theme so that when the team comes, we can maximize the visit by meeting with the Board prior to the team’s visit.

 

            A call for the question passed unanimously (M/S/U – Cox/Smebye), and the Senators unanimously agreed to endorse recommendation #1, #2, and #3.

 

            On recommendation #4, it was stated that the Academic Senate plans to hold at least two meetings over the summer.  The recommendation to extend the resolution until October 3rd is  based on the fact that accreditation is due soon after that date, the Senate and the Board should have benefited from the ASCCC and CCLC assistance, and, more importantly, elections are to be held in November.  If things have not progressed by that date, the Academic Senate could then take action to censure the Board.  Ultimately, the Senators unanimously endorsed recommendation #4.

 

            Discussion veered to commencement, and Kellie Raczkowski urged the Senate to encourage faculty to participate in graduation ceremonies.  She emphasized how important it is for faculty and staff to share that day with their students.  The Senators advised that faculty will attend graduation without question in order to support the students.  It was suggested that the Senate Presidents send out a message to all faculty that they are encouraged to participate in graduation to show their support for students.  When asked for specifics on how faculty will participate, it was determined that each college senate will make that decision for their college.

 

            Another issue that requires the attention of the Senators was brought to the table by President Bangle.  The issue deals with curriculum that was approved by the Curriculum Committee last Fall but was never brought to the Academic Senate for approval.  She has been asked to approve the curriculum so that it can be forwarded to the Board for approval.  Angelica asked for direction from the Senate.  The consensus of the Senators was that to approve the curriculum at this time would be in violation of the resolution and would weaken the stance taken by the Academic Senate.  Angelica was directed not to sign off on the curriculum.

 

            A memo from Lin Marelick relative to the Title V advisory committee was provided to the Senators prior to today’s meeting so that they could consider her request to call for faculty to serve on this committee.  After discussion it was stated that faculty could participate to the extent that participation is part of their institutional responsibility or part of their assigned time.

 

            The Chancellor was thanked for attending today’s meeting and disappointment was expressed that no other administrator or Board member attended.

 

V.               Future Agenda Items

           No new items were added at today’s meeting.

 

  VI.     Adjournment

            The meeting was adjourned at 4:50 p.m. (M/S/U – Cogswell/Kelly). These minutes are respectfully submitted by Grace Hazán, Academic Senate Secretary.