CALL TO ORDER
The meeting was called to order at 6:07 p.m.
ROLL CALL
Present: Brannan, Canady, Laverty, Murray,
Pelleran, Proctor, Rasmusson
Absent: None
ADDITIONS/DELETIONS TO THE AGENDA
There were no additions or deletions to the
agenda.
LIMITED PUBLIC COMMENT
Joseph Warren - My name is Joseph Warren,
Lansing. I work in the Department of Humanities and Performing Arts.
I noticed on page 18 of the notes passed out the College's healthcare
costs continue to skyrocket with an increase of more than 20%. that's
going to go through the roof if the problem isn?t addressed. I?d like
the Board to direct the President to take care of this. That problem
is the smoking on campus. This has been a critical problem in front
of the liberal arts building. Between the liberal arts and the TLC
where the smoke comes into the building. On November 4 it was so bad
the basement and classrooms were a blue gaze of smoke and it got to
the point where we couldn?t breathe (inaudible). What I would like
done, and I've been appointed the spokesperson for the people in
liberal arts division in that building who have just had it, they have
reached the point where they cannot sit in their offices - I can't be
in my office in the afternoon when there is smoking in between the
buildings. We?d like four things. One, a clearly delineated
non-smoking area in front of those doors in front of the buildings.
Because the students stand in front of the doors and the doors open
and everything comes in. No smoking at all between the LSD and the
TLC building, it goes up to the second floor and it makes the whole
second floor west side unusable. Remove the ash trays from under the
no smoking signs. That sends a terrible mixed message. And every
time I shoo the smokers away they point and say, they don't care they
put out ash trays for us. No, that's not the point. And what's even
more important is to direct Public Safety to call people?s attention
to the fact that this is a no smoking area. I have collared several
of the Public Safety people and told them, please move the students
away from the doors. And they look at me blankly?
Trustee Pelleran - I was just wondering what kind
of reception you?ve received when?
Joseph Warren - ?what makes it worse is watching
from the second story down as they are out there chatting with their
friends amidst all the smokers and do nothing. Or walk between the
buildings through the smokers and do nothing. So, I?d like President
Cunningham to direct the director of Public Safety to tell the people,
to notify the people that that is a non-smoking area and to move to
the public places down at the end of the campus.
Sally Pierce - I'm Sally Pierce. I'm the
president of LCC MAHE and I'm here tonight because I don't have any
other place to go. Sorry state of my life. Anyway, we got?I'm very
serious and I'm very concerned and I'm serious that I don't feel like
I have any other alternative but to come to the Board. We received an
arbitrator?s award regarding Mitzi Carol?s grievance in part and were
told that what we had to do was to demonstrate that there was a load
for Mitzi. We did that every semester since we've gotten that award.
And I believe that you guys know that we also went to circuit court to
attempt to enforce the arbitration award. You guys appealed that.
Your representative appealed that and it is now sitting out of court.
A year and a half since we began proposing loads and I'm here to
propose yet another load. I'm also here because I'm very frustrated
at the process. Friday, November 7 I sent an email to Mitzi?s dean
requesting a list of classes that the college thought she was
qualified to teach. On the 10th I saw that dean and he
told me that he would send me not only a list of classes, but a list
of release time that she would be eligible for, and that's hard for me
to know what a department is doing with release time if I don't hear
something from a college representative. So, I said thank you very
much and on Wednesday the 13th I checked my email after
five, didn?t have anything and I figured life gets crazy. I work at
the institution too. On Thursday I was out sick, I went to see my
doctor and on the 14th I came in and stopped by and he told
me that he didn?t have anything to give me at all. And I said, well,
can you tell me what's going to happen to the release time for the
dance recital that's happening? How many release credits are you
going to be giving a faculty member to help produce that dance show?
Because the rest of it I can kind of figure out from the schedule
book. He said we're not going to be giving any release time for
that. we're going to be paying a stipend. I said, there isn?t any
stipend agreement in my agreement?in the MAHE contract with the
Board. And he said that's what we did in the past. So, what I'm here
to say to you is, Friday, Mitzi Carol and I met to consider potential
loads for spring 2004 semester. She is available to work and seeks to
exercise her recall rights to be reinstated as a full-time faculty
member at Lansing Community College. We've constructed five work
loads as examples. Other permutations are certainly possible. She is
qualified to teach these courses: DANC 101, DANC 102, DANC 104, DANC
161, DANC 201 DANCE 202, DANC 204, THEA 173, PFFT 102, PFFT 112, PFFT
113. What I did was I weighted out five schedules. I know time is
short so I'll spare me reading through schedules?
Chairperson Laverty - Your three minutes is
definitely up.
Sally Pierce - Since leaving LCC and becoming
Pilates certified in all apparatuses, Mitzi has continued to teach
both dance and Pilates. She?s taught large and small group mat
classes as well as personal training. Her students range in age from
13 to 75. She?s trained people with scoliosis, stenosis, muscular
dystrophy, mastectomies, pace-makers, arthritis and chronic back and
knee problems. She also works training dancers and physical trainers
in Pilates at a more advanced level. She has most recently trained
the MSU swim team in mat Pilates. She would be more than willing to
train LCC sports teams. All of LCC's MAHE?s requests for the College
to honor Mitzi?s recall rights have been rebuffed. Please do the
right thing now and help us construct a load that will put her back to
work as a full-time faculty member at LCC. We?d be happy to discuss
other options with you or any LCC representatives. Sincerely, Sally
Pierce. And I have copies?(Ms. Pierce distributed a document to the
Board. It is on file with the official Board materials.)
Trustee Pelleran - I have one question for
Sally. Sally, what is the average load? Number of classes or number
of credit hours?
Sally Pierce - Sixteen is a full-time load for a
faculty member. Actually anything over 13 credits is a full-time
load. And we've proposed loads that range from 16 to 17 credits for
Mitzi for next month.
Gene Hayhoe - This would go mostly to the
President's review. Members of the Board of Trustees I'm here to urge
you tonight to end the wasting of tax payer money on the corrupt
practices of this administration. Those of you who haven?t met me
before, my name is Gene Hayhoe, and for more than 20 years I taught
jazz and blues history and among other things in the LCC Music
program. Last spring the majority of the Trustees on this Board were
elected in a campaign where it was promised to the public that the LCC
house would be cleaned. I along with thousands of others in the
community voted for that slate in the hope that that would happen.
The rest of the community, like I, was tired of tax payer money to be
wasted in openly corrupt ways such as those just described by Sally by
the administration which seemed answerable to no one. I am telling
you as a faculty member and as a community member that it is time to
end the war of terror against the faculty of this institution.
Against the part-time faculty members especially who administration
seems to think they can plagiarize the work of and then reassign it to
people in other departments, programs, and curriculums who lack any
kind of background in those curriculum areas. It's time to end the
waste, nepotistic, and corrupt policies in the LCC community and
especially in my case, the Music program and the Humanities Department
and the so called Liberal Studies division. It's time to end the work
of plagiarizing part-time faculty so the results can be assigned to
other individuals. It's time to tell the administration of this
college that Lansing Community College is a secular, tax-payer
supported institution, not their private religious college. And if
you doubt that, I have some documents you can look at where curriculum
is clearly being modeled after private religious organizations to
replace secular curriculum in the Music program. It is also time to
end the elimination of secular curriculum so that Music lead faculty,
Nealon, and Dean Knippenberg can use tax payer money to market their
religious beliefs. It's time to tell the administration that academic
racism is an unacceptable policy at Lansing Community College. It is
unacceptable for lead faculty to make racist jokes in curriculum based
meetings as well as to make decisions which impact our curriculum in
an openly racist way and again if you doubt, I have documents such as
a document generated by the lead faculty in the Music program proving
that racist exclusion is the norm in Michigan colleges and wanting to
emulate that as a model. I find that darn right offensive. Again,
it's the document of the people I am fighting, not something I
created. By their own words they are using documents that show that
racism is pervasive and that is the direction they want to move the
LCC Music program in. It's time to stop rewarding corrupt and
incompetent administrators with promotions. Some of whom are in this
room, for example. Board members it's time for integrity to be
installed at Lansing Community College and if you will not direct it,
you are as much the problem as the people in the administration who
refuse to behave in an ethical manner. Thank you.
Dan Zimmerman - My name is Dan Zimmerman, and I
help students and parents attend college, afford college. I'm the
assistant director of Financial Aid. I want to direct my comments to
the communication and research contact hours study. I find two
statements in that study misleading if not un-factual. The statements
are first, that the main disadvantage of charging by contact hour is
this basis for tuition assessment isn?t as transparent. The
students?and another statement ?it should also be noted that financial
aid is available specifically for students in high contact hour
curriculum...? I hope you take into consideration?I understand the
College's need to generate additional revenue, but keep in mind that
most of the growth in financial aid is in loans. we're talking debt,
debt, and more debt. There really isn?t money that is at all
expandable. Students who are high need students already receive their
full Pell grant. And I'm not trying to overstate the case either.
Students with a full Pell grant have their tuition and fees more than
covered. They may have $1,000 or more available for books, supplies,
and transportation. But also for room and board and living expenses.
When the bottom line increases, when the cost of attendance goes up,
the amount available after paying tuition and fee dollars goes down
for the highest need students. And the alternative is really loan.
Thank you.
CHAIRPERSON AND BOARD MEMBER REPORTS
Chairperson
President's Performance Review
Chairperson Laverty stated that under the Board
bylaws and President's contract it is time for the annual review of
the President's performance.
President Cunningham said they did not solicit
external people to address the Board because if the College's
reputation in the community doesn?t speak for itself, then it doesn?t
matter what anyone would say. She reminded the Board that the
President's evaluation is based on the strategic drivers from the core
of the strategic plan. President Cunningham presented to the Board
her performance review (it is on file with the official Board
materials.)
President Cunningham stated that everything in
her report is not attributed to only one person, but it is
attributable to a concerted effort from everyone in moving the College
in the right direction. She said it has also taken open, honest,
candid communication which she values and she asked that everyone
continue to provide. If the college is to have continuous
improvement, it is important to know what the issues and concerns
are.
Trustee Pelleran said there is so much the Board
can be pleased with after receiving the President's report. She was
pleased that the glitches related to Oracle?s implementation are being
worked out. Trustee Pelleran referred to page 18 of her report
dealing with the increase in healthcare costs. She requested an
itemized report on the healthcare carriers? increases.
The other Trustees were pleased with the
President's performance review.
Chairperson Laverty stated that President
Cunningham did a fine job. He said they have developed trust and
communication over the last few months and he has been very
impressed. They have both been working hard to move the College
forward.
IT WAS MOVED by Trustee Canady and supported by
Trustee Proctor for the Board to approve the President's performance
review.
Roll call vote:
Ayes: Brannan, Canady, Laverty, Murray, Pelleran, Proctor, Rasmusson
Nays: None
Absent: None
Motion carried.
Emergency Purchase Provision
Chairperson Laverty presented the recommended
changes to the emergency purchase provision of the purchasing policy,
which included the College's legal counsel recommendations.
The Board discussed the emergency purchasing
provision and made amendments. The revised emergency purchase
provision will now read as follows:
?D. Purchases exceeding $100,000
2.
In cases where delaying a purchase until the next regularly
scheduled Board meeting or until a special meeting is called would
result in an undue expense or in cases of an emergency, [?emergency?
defined as: an unforeseen combination of circumstances resulting in
a state that calls for immediate action; a sudden crisis requiring
action; an unexpected and sudden event that must be dealt with
urgently], the President will inform the Board Chairperson or
his/her alternate of the need to proceed with a purchase and request
his/her approval. A special meeting of the Board will be called if
reasonably possible. If a special meeting cannot be scheduled,
because of the urgency of the situation, every effort will be made
to contact all Board members to seek their input prior to final
approval being given by the Board Chair or his/her alternate.
Members of the Board shall be notified of the final disposition of
the purchase and its approval immediately.?
IT WAS MOVED by Trustee Proctor and supported by
Trustee Pelleran to approve the changes to the emergency purchase
provision as amended.
Roll call vote:
Ayes: Brannan, Canady, Laverty, Murray, Pelleran, Proctor, Rasmusson
Nays: None
Absent: None
Motion carried.
Regional Economic Development (RED) Team
Chairperson Laverty reported that at the November
6 RED team meeting several local developers attended and discussed how
they could work with the team. There was a Workforce Development
Subcommittee meeting, and there was a Broadband Link Michigan
presentation where CDs were provided.
Site Visits
Chairperson Laverty reported that as part of the
Board orientation he toured the STAR Institute on October 28 and was
impressed with that staff and faculty working there. On October 30
they also visited the St. Johns and Livingston County extension
centers where he had the opportunity to speak with the students. He
was very impressed with the caliber of faculty and staff at both
facilities.
December 8 Board Meeting - 5:00 p.m.
Chairperson Laverty recommended that the December
8 Board meeting be moved to 5:00 p.m. and dinner will not be served
prior to the meeting.
There was no objection from the Board.
Other
Chairperson Laverty reported that the Board has
been invited to attend various events at the College. He had the
opportunity to attend the following events: the Multicultural Center
reception; Soundscapes 2003; President Cunningham and himself spoke at
the UAW CAP conference on November 3; Workforce Development Board
meeting; LUCERO program reception; Looking Glass Fire Department grand
opening; the Veterans Recognition reception on November 11; Pride and
Prejudice theatre performance on November 15; and President Cunningham
and himself have had several meetings with City Council members.
Board Members
Trustee Rasmusson - Audit Committee;
Governance, Compliance and Reporting Conference
Trustee Rasmusson reported that the Audit
Committee met last week. He reminded the Board that the idea of an
audit committee is something the federal government is requiring of
all companies. An organization doesn?t have to have an audit
committee if they are not a publicly traded corporation; however, if
such a committee exists, it looks like the organization is doing
everything they should. Trustee Rasmusson stated that the audit
committee had a very good discussion with the CPA. He said there are
a number of new rules that are going into effect regarding how revenue
and expenditures are reported. Trustee Rasmusson distributed his
notes from the conference he attended which he encouraged for the
Board to consider (the notes are on file with the official board
materials.)
Trustee Rasmusson requested that the November 10
letter that the Board received during dinner be entered into the
official Board records. He sent the U.S. Attorney the packet of
information the Board received in September. Trustee Rasmusson felt
that it was his duty under the federal misprision statute and is
hopeful this issue is resolved favorably to the persons involved.
Trustee Pelleran - State Revenue Resolution
Trustee Pelleran apologized for having missed the
Board meeting last month. She was aware that Mr. Gary Olson provided
a presentation to the Board. She said the dire straits the government
is in will once again be handed down to the local level of
governance. Without having revenue enhancements at the state level,
programs will be cut or revenues will need to be enhanced. She said
she used information from the House Fiscal Agency to draft the
resolution. Trustee Pelleran asked for the Board to consider the
resolution in the Board packet.
IT WAS MOVED by Trustee Pelleran and supported by
Trustee Rasmusson to approve the state revenue resolution.
Trustee Canady stated that he would not be
supporting the resolution. He is not in favor of raising taxes or
encouraging the government to increase taxes and in these difficult
times both the private and public sectors will need to make difficult
decisions.
Trustee Brannan responded that he understood the
resolution doesn?t ask the legislature to raise taxes, but only to
review the possibility. If the resolution will assist in not passing
the burden onto students, he will be supporting the resolution.
Trustee Rasmusson felt that raising taxes is
never a positive thing; however, taxes haven?t been raised in a number
of years.
Trustee Murray asked Trustee Pelleran to further
address the commission to review the taxation system.
Trustee Pelleran responded that the commission
would review where we are at with the taxation system, the different
taxes that have been in place, tax credits, and tax cuts and how these
systems may be modernized. She felt that a good policy review on
taxes is healthy. The resolution does not indicate the government
needing to make the changes, but encouraging that a regular review be
conducted for the system to stay current, modern, and meets its
purpose.
Trustee Murray stated it is important to
communicate the connection between reducing taxes and the potential
for an increase in tuition, limiting the opportunity for students to
attend college, and eliminating the ability for people to improve
their income. She would be supporting the resolution.
Trustee Pelleran reminded the Board that the
State is in a structural deficit and it is not going to go away. If
the government does not mitigate the structural deficit, this Board
and other non-profit boards will have to deal with the deficit year
after year. She encouraged everyone with contacts in the Legislature
to air their concerns.
Chairperson Laverty stated he has reservations on
the resolution. He wasn't confident that the resolution will have any
impact. However, he doesn?t see how passing this resolution will hurt
anything. Over 200,000 manufacturing jobs were lost in the state of
Michigan in the last two years and it is continuing. Chairperson
Laverty asked what the Michigan Community College Association is doing
about this issue.
Trustee Pelleran responded that she wasn't sure;
however, she knew that President Cunningham had sent a letter two
weeks ago to Governor Granholm regarding the same issue. Trustee
Pelleran asked President Cunningham if she had heard anything from the
Michigan Community College Association.
President Cunningham responded that the community
colleges in Michigan are lobbying for parity. There are $2.2 million
that should be distributed to community colleges that hasn?t been.
The MCCA has asked the college presidents to send letters to their
local legislators and as well to the Governor asking for that parity.
Roll call vote:
Ayes: Brannan, Laverty, Murray, Pelleran, Proctor, Rasmusson
Nays: Canady
Absent: None
Motion carried.
President's REPORT
Informational Items
College Spotlight - Human, Health and Public
Service Careers
Dean Roberta Peterson provided a PowerPoint
presentation regarding the Human, Health and Public Service Careers
(the presentation is on file with the official Board materials.) The
presentation included the following highlights: 25.9% enrollment
growth between 2001 and 2003; 91% nursing expansion in 2003-04;
student learning initiatives; powerful partnerships; and grants.
Dean Peterson introduced Miss Kelly Thelen, a
student who recently began the part-time nursing program.
Miss Thelen said becoming a nurse was very
important to her because she would be a 4th generation
nurse in her family. After being denied admission to the program for
two years, she explored other schools, and explored other career
options. Miss Thelen learned from an advisor that she was only a few
points away from making the program. With the implementation of the
part-time nursing program she was able to start this fall. She shared
that the program allows students who manage families, jobs, or other
obligations to attend nursing school while still being able to carry
out these commitments. Miss Thelen said that some students she?s met
are taking classes at the College only to fulfill requirements of
other nursing programs at other schools that have part-time programs.
She felt the College's program may allow them to continue their
education at LCC. Miss Thelen stated that the program has given 32
more students the chance to become a nurse.
Dean Peterson read a letter from a student that
has gained from the implementation of the mastery learning
initiative. She read an excerpt from the letter.
Trustee Pelleran asked if there was an
articulation agreement in criminal justice with Lake Superior State
University.
Dean Peterson responded, no, but there is an
articulation agreement with Ferris State University. However, this
doesn?t mean the College will not be pursuing other agreements with
Lake Superior State.
Trustee Pelleran asked how the College would
conduct the last year of the fire science program.
Dean Peterson responded that students will be
taking advance coursework, not all of which is in the HHPS division
preparing them to go to the next level. According to the articulation
agreement, Lake Superior State will help choose the courses the
students will take.
Chairperson Laverty thanked Dean Peterson for the
great job she?s doing.
Budget Update
President Cunningham introduced Mr. Bruce Dunn
from Maner, Costerisan, and Ellis.
Mr. Dunn presented the year-end financial audit
report to the Board (the audit report is on file with the official
Board materials.)
President Cunningham thanked Mr. Dunn and the
auditing firm for their hard work. She said they worked on the
weekends in order to complete the audit. She also thanked Ms. Sue
Maloney, Mr. Glenn Cerny and their staff for having assisted in the
audit. President Cunningham thanked Mr. Cerny for the successful
implementation of the government accounting standards board (GASB),
the implementation of Oracle, continuing to capture information from
both systems, and also serving in the CIO and CFO capacities and then
to receive an outstanding financial audit is remarkable.
President Cunningham shared that there was a
revenue generation presentation given to the Board members during
dinner as an informational item.
Credit Hours vs. Contact Hours
President Cunningham asked Vice President Gary
VanKempen and Mr. Rich Howard to address this agenda item.
Vice President VanKempen stated that the main
purpose for the report from the consultant, Mr. Joe Ross, was to
review what other community colleges are dealing with regarding
charging tuition based on contact hours. Advantages and disadvantages
are listed in the report. Dr. VanKempen shared that the advantages
include increased revenue and revenue generation that better matches
the cost of offering a course. The disadvantages include passing the
costs onto students. He shared that financial aid may mitigate some
of the extra costs, but certainly does not mitigate the entire
increase. Another disadvantage related to financial aid is it is
often confused among students about financial aid eligibility.
Eligibility is based on credit hours, not contact hours. Dr.
VanKempen said this issue is continuously being studied both
internally and externally. Two college-wide open forums were held
this past month. He said a recommendation will be given to President
Cunningham the first part of January 2004.
Mr. Howard added that 14 community colleges in
Michigan have switched to charging tuition based on contact hour, and
two colleges are considering implementing it. He said they will
continue to work with those colleges in terms of what worked well,
what issues arose and synthesize the information in order provide a
recommendation.
Trustee Pelleran asked Mr. Howard what have the
14 community colleges experienced and how long have they charged
tuition based on contact hours.
Mr. Howard responded that one college has charged
tuition based on contact hours for 14 years and one college within the
last year implemented this form of charging tuition. He said they
haven?t had the opportunity to speak to all of the 14 colleges and
they may not, but they will be connecting with those colleges similar
to Lansing Community College in size and course offerings.
President Cunningham stated that they will
continue to study this issue, solicit input and feedback from faculty
and staff.
Foundation Update
President Cunningham reported that the Foundation
Office is undergoing dynamic changes. Some of those changes will
allow the office to continue down the path of excellence. She
announced that Ms. Joan Bauer, the Foundation Director, has requested
to go to a part-time status and her current role will be restructured
to be the Director of Foundation Relations. The Foundation will be
reporting to Ms. Ruth Borger in order for them to report to someone on
a full-time basis. Ms. Sue Fisher will be the daily operations
manager for the Foundation Office. President Cunningham said that
both Ms. Borger and Ms. Fisher will continue to do an outstanding job.
The Board took a break at 8:15 p.m.
The Board reconvened at 8:23 p.m.
Action Items
Approval of Minutes - October 20, 2003 Regular
Meeting
President Cunningham presented the October 20,
2003 meeting minutes.
There were no changes from the Board.
Vice President for College Advancement
Based on the Foundation update President
Cunningham presented the promotion for Ms. Ruth Borger to become Vice
President for College Advancement.
Annual Results Inventory Report - Financial
Responsibility
President Cunningham introduced Dr. Bill Brown,
director of Institutional Assessment for the College, where he is
currently in his seventh year. He is recognized for his work in
educational research and assessment at both the K-12 and college
levels. His experience includes five years as director of the
research department at Minneapolis Public Schools, and over twenty
years of experience in K-12 education as a teacher, administrator and
researcher. He earned his PhD in Educational Research and Measurement
at Michigan State University.
Dr. Brown stated that this is the first part of
three part report and is a component of the annual results inventory.
He acknowledged Ms. Beckie Beard, Ms. Sue Maloney, Mr. Hoa Nguyen, and
Mr. Glenn Cerny for their assistance in preparing the report. Dr.
Brown presented the annual results inventory report (it is on file
with the official Board meeting materials.)
Finance
Year-End Financial Audit Report?
Mr. Bruce Dunn provided this report under the
Budget Update agenda item.
Approval of Bids?
President Cunningham asked Ms. Beckie Beard to
present the bids to the Board.
Ms. Beard presented the following bids related to
the construction of the M-TEC/TTC:
-
Interior Glass & Glazing in the amount of
$217,449. This bid was awarded to Lansing Glass of Lansing, MI.
-
Capentry/General Trades in the amount of
$2,000,000. This bid was awarded to Carrier Construction of Hickory
Corner, MI, which is a women owned business enterprise.
-
Drywall/Acoustic Ceilings in the amount of
$1,372,000. This bid was awarded to William Reichenbach of Lansing,
MI.
-
Food Service Equipment in the amount of
$201,720. This bid was awarded to Stafford-Smith, Inc., of Mason,
MI.
President Cunningham announced that Ms. Linda
Peckham received the Crystal Apple Award.
Delhi Township Resolution
President Cunningham distributed the tax sharing
agreement between the Delhi Township Downtown Development Authority
and Lansing Community College (it is on file with the official Board
materials.)
Trustee Pelleran asked if legislation proceeds to
amend the Downtown Development Authorities act, what that would do to
this agreement.
Mr. Bill Danhof, from Miller, Canfield, Paddock
and Stone, responded that the legislation would not effect the
agreement. This contract would return monies which had not been
previously returned to the College from the Delhi Township DDA. The
legislation the College is currently proposing only deals with the
Lansing Township DDA.
IT WAS MOVED by Trustee Canady and supported by
Trustee Proctor to approve the action items of the President's Report.
Trustee Brannan asked if there was additional
information on the Vice President for College of Advancement.
President Cunningham responded that this will be
promoting Ms. Ruth Borger to a Vice President position because the
Foundation will now be reporting to her.
Trustee Brannan asked if that was a current
position.
President Cunningham responded that it wasn't a
position rather a change in title.
Trustee Brannan asked for clarification in being
able to just create a position like that.
President Cunningham responded that we can
promote anyone, but Vice President level positions need to be approved
by the Board. She stated Ms. Borger will be receiving additional
responsibilities which will be too many to take under her current
title.
Trustee Brannan asked if this needs to be posted.
President Cunningham responded no, it is a
promotion. The College continues to promote people at the College,
but at this level it comes before the Board. She explained that
there is no new position money attached to this other than
responsibility dollars attached to the position.
Trustee Brannan asked if this promotion would get
the College into any trouble.
Trustee Pelleran shared that other community
colleges and universities have a position of Vice President of College
Advancement that often takes in giving a person a lot more work to do
and the payoff is the title. She stated that it appears it is
consistent with what President Cunningham is suggesting Ms. Borger
take on.
President Cunningham stated that they have shared
this with the McCormick Group, who is the consultant for the
Foundation, with the Foundation Executive Committee, and Chairperson
Laverty. (College attorneys were also present at this Board meeting.)
Roll call vote:
Ayes: Brannan, Canady, Laverty, Murray, Pelleran, Proctor, Rasmusson
Nays: None
Absent: None
Motion carried.
CLOSED SESSION
IT WAS MOVED by Trustee Canady and supported by
Trustee Brannan that the Board go into closed session for the purpose
of discussing an attorney client privileged communication.
Roll call vote:
Ayes: Brannan, Canady, Laverty, Murray, Pelleran, Proctor, Rasmusson
Nays: None
Absent: None
Motion carried.
The Board entered into closed session at 8:56
p.m.
IT WAS MOVED by Trustee Canady and supported by
Trustee Proctor that the Board return to open session.
Roll call vote:
Ayes: Brannan, Canady, Laverty, Murray, Pelleran, Proctor, Rasmusson
Nays: None
Absent: None
Motion carried.
The Board returned to open session at 9:50 p.m.
Roll call:
Present: Brannan, Canady, Laverty, Murray, Pelleran, Proctor,
Rasmusson
Absent: None
PUBLIC COMMENT
There were no comments from the public.
Trustee Brannan - I?d like to address President
Cunningham. I apologize that your million dollar alternative energy
dollar amount was foreshadowed by an unfortunate set of
circumstances. And when I received calls from the press and the media
I had assumed it was for the good news and it wasn't. I feel I've
been more than understanding through this whole process and the series
of threats and allegations that have been made by former Trustee
Heywood and current Trustee Rasmusson are?I don't even know what to
say?personal, politically motivated, who knows. I've maintained my
innocence through all this. I've hired legal counsel myself and I
don't have any plans to resign. It's everybody?s free will to go talk
to whomever they want to, but you do have a letter from my attorney
that's addressing the fact that now we're moving beyond the fact of
series of allegations to be libelous and slanderous in nature. So,
again, I apologize that there was a rain on your parade because of me.
President Cunningham - Well, thank you, it's nice
to know that somewhere during the night a million dollar grant was
recognized. I thought it was a good coup, but obviously other matters
preceded that.
Trustee Pelleran - Trustee Rasmusson, I
appreciate the work that you do, but I also want to reiterate that we
have a set of bylaws here on this Board, and I saw a news release that
you put out that was dated the 17th of this month and
that's today. And you put your title as Trustee of Lansing Community
College on that. I just want to ask if you had the chairperson?s
permission to do that because otherwise I believe you're in violation
of the College bylaws and I am wondering about that.
Trustee Rasmusson - I don't have to answer
anything from you, thank you.
Trustee Pelleran - Well, I would like to ask the
Chairperson then to question the issue of violation of bylaws due to
Trustee Rasmusson?
Trustee Rasmusson - You don't want me as an
enemy, I can assure you.
Trustee Pelleran - Well, you know, I don't want
to be enemies with you either. Now what you continue to do is when
you have an issue, Tom, you don't, I believe, have consideration
sometimes for Lansing Community College. And I've always felt for the
most part?
Trustee Rasmusson - That is so strange coming
from your lips. You have been the single most disruptive factor on
this Board in the years you have been on this Board.
Trustee Pelleran - I would disagree with you.
Trustee Rasmusson - I'm sure you would.
Trustee Pelleran - I would disrupt that.
Chairperson Laverty - Trustee Rasmusson, I have
an email here apparently from the State Journal to Brian Jackson
that's also what Trustee Pelleran alluded to. It talks about?it
sounds like it is a news release from you and it talks that this would
be distributed?media statements can be obtained during or after the
meeting. Did you distribute something to the media?
Trustee Rasmusson - Nothing, nothing. I never
saw that release. I told Todd that I was going to contact the US
Attorney and the FBI today. It's been two months and he apparently?or
someone did that on their own. Heywood is the only one I told.
Chairperson Laverty - Trustee Rasmusson, it would
have been easy for Trustee Heywood or this anonymous person to have
just gone to the prosecuting attorney or to any law enforcement agency
way back on September 15. We have continued to pursue getting the
answers to the questions or the allegations that were presented?
Trustee Rasmusson - Why have we not for two
months seen any of those four documents - a permit from the State to
use the term ?university?, a license from NEA, a joint venture, a
disclosure of conflict of interest when he made the recommendation?
We haven?t seen any of those four things.
Chairperson Laverty - Trustee Rasmusson?
Trustee Rasmusson - And maybe there's nothing to
these allegations, but it was my duty to report this to the US
Attorney. I don't care to have you question my duties as a citizen.
Chairperson Laverty - Trustee Rasmusson, as I
said, you could have?
Trustee Rasmusson - I don't need to have you
question my conduct as a citizen. I did my duty as a citizen.
Chairperson Laverty - But how do you know?you're
not a prosecuting attorney anymore. We turned this over to Miller
Canfield and also additional people within their firm and it's being
investigated. Mr. Brannan does not have to turn anything over to
you. He would turn it over to these people here.
Trustee Rasmusson - And I hope he has.
Chairperson Laverty - I don't know. I don't know
if he has or not. They haven?t given me the final information.
They?ve told me that hopefully this would be ready to be reported out
at an open meeting on December 8. But there's been allegations that
every one of them has been pursued. We took the anonymous stuff, we
took the Heywood stuff. It was all turned over to them. President
Cunningham also did her own?is working internally - we're working
externally. Every time you?ve given me any kind of document, I've
taken that and immediately gotten that to Miller Canfield. If there
was anything that needed to be investigated or anything that you were
pointing out further?I'm not an attorney?I've certainly provided
everything to them. And for this thing to blow up tonight and hit the
newspapers with all of the positive and great things that are going on
at the community college I think is very unfortunate.
Trustee Rasmusson - You met with me last week and
you told me nothing about December 8. I had indications from another
source that nothing was going to be done on that end and I thought the
time has come. I am remised already under the misprision statute.
I'm going to do my duty.
Chairperson Laverty - At that time I thought we
would have final results tonight. However, Saul Green, who's working
on this, was out of state, and that's part of the reason as it was
explained to me why we weren?t getting our final report with where we
are with this tonight. When you and I talked I still thought we would
have it tonight. But I've since been told that it would probably be
at the December 8th meeting. Mr. Danhof, is that accurate?
Mr. Bill Danhof - that's correct. we're
finalizing.
Trustee Rasmusson - Well, you should have told
me.
Chairperson Laverty - Well, Mr. Rasmusson,
Trustee Rasmusson, you should have told me about this. I didn?t know
this?
Trustee Rasmusson - I don't know what you're
holding up.
Trustee Pelleran - Rondy, could you give him a
copy of the single page that has Brian Jackson?s name at the top.
Chairperson Laverty - This is your press release.
Trustee Rasmusson - that's not my press release.
Trustee Pelleran - Tom?can I ask the question,
Mr. Chairman? Tom, I apologize, this is what I saw. I didn?t mean to
wrongly accuse you of sending out a press release, but this original
message on here has to all these people in the news media and it has
from Trustee Rasmusson at aol.com.
Trustee Rasmusson - My address is Rasmusson law.
Trustee Pelleran - Who sent this then? Did Todd
Heywood send this?
Trustee Rasmusson - I would assume he did.
Trustee Laverty - He, is Heywood?
Trustee Pelleran - Can I publicly apologize to
you for wrongly accusing you for sending this out then? Because it
does say from Trustee Rasmusson at aol.com.
Trustee Rasmusson - I haven?t read it carefully,
but it doesn?t seem to say anything inaccurate of what I was doing
today.
Trustee Pelleran - But is it not from you?
Trustee Rasmusson - It's not from me.
Trustee Pelleran - Who is?it says from Trustee
Rasmusson at aol.com on the original message.
Trustee Rasmusson - It's not my?
Chairperson Laverty - You know, I'm probably an
idealist and I'm probably na?e, but I always thought and I was raised
to think that a person was innocent until proven guilty. And
throughout this I see alleged, may have, possible evidence, different
things like that. I don't know?I have not seen anything to show that
Trustee Brannan is guilty of anything not to mention the employee of
the College here, Barry Stearns. Nothing has been revealed to us from
the investigation at this point in time. And yet you repeatedly are
asking for his resignation. I don't understand it. I told you early
on that I thought that was unfair and premature. Let?s get the
results of the investigation.
Trustee Rasmusson - If you read my words I was
saying that if he doesn?t have this evidence he ought to resign. If
he has the evidence, he ought to show us and we can forget the whole
thing.
Chairperson Laverty - I don't know?
Trustee Rasmusson - I am hopeful that there isn?t
anything, but I?d like to do my duty.
Chairperson Laverty - Trustee Brannan has not
told me what he has provided to the attorneys.
Trustee Rasmusson - What have you provided?
Trustee Brannan - Actually what's been provided
to the attorneys has been that whole packet that was obtained outside
of FOIA containing my personal information which I didn?t make a big
stink of yet. But I'm still reserving the right to do that. There is
a letter in there of support from the National Education Association
that names Mr. Stearns and I as contributors or partners in doing
this. We did that and brought the deal back to President Cunningham.
Trustee Rasmusson - I read that letter carefully
it doesn?t?there's no license to use the name at all.
Chairperson Laverty - But that's up to the
attorneys to tell us what's right and what's wrong. If there's been
criminal intent or (inaudible).
Trustee Brannan - Ultimately, Chairperson Laverty
and again President Cunningham, if you guys feel I need to resign, I?d
be more than happy to, it doesn?t bother me. But I'm going to have to
have you guys ask me for that because myself and Mr. Stearns didn?t do
anything wrong. I'm also?this doesn?t bother me the fact that it's
going to the US Attorney. My problem again, is the fact that, we're
paying these gentlemen to investigate something else that again is?
Trustee Rasmusson - Besides that packet did you
supply anything else to legal counsel?
Trustee Brannan - I have called them and haven?t
received a call back with regard to any documentation. I have not
talked to anybody. I mean that's the other interesting?
Trustee Rasmusson - There would be four things
that would be helpful?
Trustee Brannan - Right, but you know what
Trustee Rasmusson, you could have sat down and said, Tim will you come
over to my office and let?s talk about it and go through it. You have
not once asked me anything and that disturbs me. This disturbs me.
This is not how you do business. And to sit here and come up with
these allegations you must have a lot of time on your hands to do
this. And I'm not an attorney let me tell you, but to sit here?and
you could have called me and said, Tim, let?s talk about this, there
are some gray areas. The other day I got a document from Chairperson
Laverty that you said that the confidential agreement severance
package which again obtained outside of FOIA is illegal. I don't even
make that document. So, it seems to me you keep going on and on and
on for no reason. Pick up the phone and call. Mr. Stearns and I can
come down to your office anytime.
Trustee Rasmusson - Whatever agreement you have
with LCC cannot prevent a prosecution. However, it's not to bring a
prosecution against public policy.
Trustee Brannan - Again, I'm not an attorney, but
I've had to hire one out of my own pocket, so I appreciate that. Mr.
Stearns, this is public comment I?d like to get your input on some of
this too, if you're so inclined. But you don't have to because it
doesn?t bother me either way.
Chairperson Laverty - It seems like there's
elements within the community that want to continually tear this Board
apart, keep us in turmoil, make us spend all kinds of money on
investigations and on legal fees, and litigation and at the same time,
we have so many positive, good things going on at this college. This
is not the way to go about. This is not the way a Board ought to be
acting and sure as hell isn?t the way you run a college. We ought to
be looking at the vision of the future. We ought to be looking at the
students. I've watched this go on for a long time with this Board
before I came on and by God, here we go again. I don't understand
it. This ought to be fun. It ought to be fun for her (President
Cunningham) to come into work everyday. You should have seen her when
I went over to her office today a little before 5 o?clock based on
this stuff that was coming down again. I can't believe she still
works here. I can't believe she doesn?t just walk out the door.
Continuous turmoil. that's what we're going through here.
Trustee Rasmusson - Let me tell you, five times
during the years that I was assistant prosecutor I encountered a
police officer that had lied, who fabricated evidence, and I said to
myself, Lord, why me? But I did my duty, I told the judge, disposed
of the case, I sought disciplinary action against the officer. Nobody
else during those years did anything like that at the Prosecutors
Office. Was I the only one with bad luck? I don't know, but when I
saw this I said to myself after two months, Lord, why me? I felt that
it was my duty to do something at this point because nothing was being
done.
Chairperson Laverty - I feel as chair that the
information and documentation, allegations, whatever you want to call
it, have been given to me and I've followed through with that. Not
everyone?s agreed with what I've done or how exactly we went about it,
whether it was internal or external, but if there's something here,
then I recognize as a public body we have to go out and investigate
it. We have to go and spend a lot of money and spend a lot of time
and take our focus off the real work to run the college? (tape ended)
Trustee Rasmusson - (beginning of tape)?still
hasn?t done it.
Chairperson Laverty - that's Miller Canfield?s
job as far as I'm concerned.
Trustee Rasmusson - You haven?t read the
Misprison statute.
Chairperson Laverty - Yes, I read it. I read
what you sent to me.
Trustee Pelleran - Again, Tom, I apologize to you
publicly. I thought this news release came from you since it had from
Trustee Rasmusson at aol.com. But you're telling me that's actually
Todd Heywood?
Trustee Rasmusson - I assume it is - it's not me.
Trustee Pelleran - He misuses your name, he puts
you down as the contact - Lansing Community College Trustee, Thomas
Rasmusson, and puts your phone number on as the contact person.
Trustee Rasmusson - I don't feel bad about that
because I haven?t read it carefully, but apparently it says the truth.
Chairperson Laverty - I suggest you read it
carefully.
Trustee Pelleran - You know this is what
enflames, enflames a lot of folks. And I'm just sorry that someone
else is misusing your good name and I agree with what others have
said. Today when we should have been rejoicing at the fact that there
was a $1 million grant to this college, we have to be dragged down by
someone behind the scenes who's misusing your name and pulling strings
and causing havoc here at the College and in the community. And I
apologize that somebody is?
Trustee Rasmusson - (inaudible)?misusing my
name. As far as I know, and I don't have time to read this at this
moment, but I assume that this is telling exactly what happened today.
Trustee Pelleran - And where did he get his
information?
Trustee Rasmusson - I told him I was going to do
that today. I waited two months and that was enough.
Trustee Pelleran - And why would some individual
misuse your name and make it appear as if though the document came
directly from you?
Chairperson Laverty - You think that's o.k.?
Trustee Rasmusson - It doesn?t offend me.
Chairperson Laverty - Sure would me.
Trustee Pelleran - It offends me on your behalf
and on behalf of this entire college.
Trustee Rasmusson - Well, that's sweet.
Trustee Murray - I have a general comment and
something I?d like to follow up with Mr. Brannan - something that
Trustee Brannan said. Your point that you regret that Trustee
Rasmusson didn?t simply pick up the phone and give you a call and ask
you that question. I guess I'm wondering?I was hopeful that was how
we were going to operate as a Board. And I think that really disturbs
me. I would certainly hope that if someone has a question about
something that I?d done or question about something that I may or may
not have done, that someone would at least give me the benefit of the
doubt that I would be considered innocent until proven guilty. And
that as colleagues at the very least somebody could pick up the phone
and ask the question. If subsequently, the information I provide is
inaccurate or you still think something is wrong with it, but I guess
I don't understand an unwillingness to talk to each other about it.
Trustee Rasmusson - I think you make a good
point. It's been two months why don't you just send me the
information.
Trustee Murray - But that's not my point, Trustee
Rasmusson. My point was why didn?t you call Trustee Brannan in the
first place?
Trustee Rasmusson - Or he should send each of us
that information I would think.
Trustee Murray - Please don't misunderstand my
point. My point is you had a question, you, I believe, have an
obligation as a colleague to initiate the phone call.
Trustee Rasmusson - Let me tell you something you
don't know. I called his office over the weekend and said, I'm going
to contact the US Attorney on Monday, please call me?let me know.
Trustee Brannan - Which office?
Trustee Rasmusson - It was the number that we
have through the college, the little sheet of paper, it was your
office number at CMU.
Trustee Murray - Could I please then just follow
up and say that's three months down the road?.
(several Trustees talking at once)
Chairperson Laverty - Trustee Proctor.
Trustee Rasmusson - ?and I did call your home
number and your office number.
Trustee Brannan - But you didn?t leave me a
message though. Plus this was sent out on Saturday anyway, so I guess
it wouldn?t have mattered.
Chairperson Laverty - Trustee Proctor.
Trustee Proctor - Mr. Chair, I'm not convinced
we're getting any further. A half hour of this (inaudible) I
suggested when this matter first arose back on September 15 the person
who brought before us some set of allegations should have been
directed to either the prosecutor or the US Attorney. It appears that
action has been taken by Trustee Rasmusson forwarding some material to
the FBI perhaps there will be that investigation. We probably engaged
the attorneys on our behalf to do something that may not be worth much
in as much as now, an official body will be looking into this
perhaps. I?d like to see an end to our evening and I'm not sure that
anything else of a positive nature is going to come of any further
dialogue.
Trustee Canady - The question that comes to my
mind is that this matter has in fact been referred to prosecuting
attorneys. Aren?t we done with it?
Trustee Pelleran - We should be and uh?
Trustee Canady - I mean why aren?t we?
(several Trustees speaking at once.)
Trustee Canady - ?I don't see a reason for us to
pay attorneys to look into this thing. We have public servants that
are doing that now.
Chairperson Laverty - Obviously that is what we
should have allowed to happen on September 15.
Trustee Canady - It's happened now, certainly pay
them for what they?ve done at this point, but I don't see any point to
duplicate efforts.
(several trustees speaking at once.)
Trustee Canady - I guess I?d like to make that a
motion.
Trustee Pelleran - I?d like to second that
motion.
Trustee Canady - I would move to ask Miller
Canfield to discontinue their working investigation with respect to
Mr. Brannan.
Trustee Pelleran - I would second that motion.
Trustee Canady - First I move to suspend our
rules to allow us to vote on this issue.
Trustee Pelleran - I would second that motion.
IT WAS MOVED by Trustee Canady and supported by
Trustee Pelleran to suspend the Board bylaws.
Roll call vote:
Ayes: Brannan, Canady, Laverty, Murray, Pelleran, Proctor
Nays: None
Absent: None
Trustee Rasmusson abstained from voting.
Motion carried.
IT WAS MOVED by Trustee Canady and supported by
Trustee Pelleran to instruct Miller Canfield to discontinue with its
investigation of the allegations raised and rely upon the US Attorney.
Trustee Brannan - Can I do a friendly amendment
to Mr. Canady?s comments that the initial investigation documents that
Miller Canfield provided the attorney client privilege be removed so I
can use those?
Trustee Canady - I'll accept that as a friendly
amendment.
Trustee Brannan - Is that o.k.?
Mr. Bill Danhof - It's your privilege.
Trustee Rasmusson - What attorney client
privilege?
Trustee Brannan - The two letters that we've
already received from Miller Canfield saying that they didn?t see a
problem with the documentation that was provided.
Trustee Canady - I'll accept that as a friendly
amendment.
Trustee Brannan - Thank
you.
Roll call vote:
Ayes: Brannan, Canady, Murray, Pelleran, Proctor
Nays: Laverty, Rasmusson
Absent: None
Motion carried.
Barry Stearns - Hi, I'm Barry Stearns, faculty
member at Lansing Community College. I have two issues, first is the
one you just dealt with. In January of 2002 I met with President
Cunningham to discuss an idea as that turned out, Dr. Brannan and I
were assigned to do an investigation on the potential for developing
some programs here for the College. We did that and we reported that
back to the President. I think it was a pretty straight forward
operation. I would ask that the President's Office notify these news
media people tomorrow morning and inform them that Trustee Rasmusson
did not send this memo. Now if you choose to send one to them that is
certainly your prerogative that this memo did not come from Trustee
Rasmusson and to send that on behalf of the College. The second thing
I would like to discuss is while I was waiting out there Sally Pierce
called me that she was on her way home. She just heard from a faculty
member who has found out that his position has been eliminated and
that came as a total surprise to the faculty association. I think
that's a very inappropriate way to do business if there's a
termination of jobs here, we certainly should be involved and be
notified in advance of those things happening.
President Cunningham - It would be nice if I were
notified too. I have no idea what you're talking about. This isn?t
necessarily the place you want to bring that, so let me know.
Barry Stearns - I?d be glad to share that with
you.
Trustee Pelleran - I have one last thing. Thank
you for mentioning Sally Pierce. I recall the early comments about 6
o?clock today, four hours ago, and Sally had approached the Board with
an issue of Mitzi Carol once again. I guess I have some concerns that
one of the things that she said that there was an arbitration award,
that it seems that she demonstrated a load for Mitzi Carol, she?s
demonstrated five loads for Mitzi Carol here. And that when she
talked to the Dean that they were paying a stipend to someone else who
is not a faculty member - a faculty union person, and said that is
what they had did in the past and this is a quote from when Sally was
speaking. Even though it opposes the contract. Madame President, I?d
like to see this looked into at this point and I?d like to have a
Board discussion on it because I think that there are some questions
if there was an arbitration award and maybe we don't have that
information. Perhaps we could have a presentation with HR.
President Cunningham - The Board can get any
information that it wants obviously. But when these issues surface
before the Board you really do circumvent the entire process by coming
directly to the Board. When you heard this the first time, I heard it
for the first time. I've not had a chance to look into it, not had a
chance to go through any kind of procedure. I would just encourage
the Board, to please not take these issues on as a Board individually,
but let us do that. If there's not satisfaction reached then by that
time, there's an appeal process (inaudible). If there's some
dissatisfaction with what we are doing in terms of that process, then
at that point in time it's appropriate for the Board to intervene, if
they want. Please, on a case by case basis please do not start doing
this particularly based on public comment when things surfaced for the
first time. I met with Sally Pierce for an hour and a half today and
the other union presidents and never heard about this case, so give us
a chance to do our job that we're hired to do and then come to the
Board.
Trustee Pelleran - And I would be happy to do
that. I think this issue?s been before the Board.
President Cunningham - It has. When we've gone
into closed session and our attorneys have talked about the Mitzi
Carol case at length and answered and entertained any questions. The
issue of the stipend, I don't know what she?s talking specifically
about. I heard it for the first time when you heard it tonight. So,
to ask for a full presentation on that to the Board is just going to
set us up for every single situation that comes before this Board to
be handled that way. And I don't think the Board wants to go down
that road.
Trustee Canady - I don't want to go down that
road.
Trustee Pelleran - I think that there were some
issues that were presented?
President Cunningham - and I? (inaudible)
Trustee Pelleran - Thank you, thank you for doing
that.
ADJOURNMENT
IT WAS MOVED by Trustee Canady and supported by
Trustee Proctor for the meeting to adjourn.
Roll call vote:
Ayes: Brannan, Canady, Laverty, Murray, Pelleran, Proctor, Rasmusson
Nays: None
Absent: None
Motion carried.
The meeting adjourned at 10:20 p.m.
