Call to Order
The meeting was called to
order at 5:06 p.m.
Roll Call
Present: Brannan, Laverty,
Rasmusson, Smith
Absent: Canady, Pelleran, Proctor
Trustee Proctor arrived at
5:22 p.m.
PLEDGE OF ALLEGIANCE
Trustee Brannan led the
pledge of allegiance.
Chairperson Laverty asked
for everyone to remain standing to observe a moment of silence
in honor of Trustee Pelleran's mother who passed away Sunday,
December 11.
Additions/Deletions to the Agenda
There were no additions or
deletions to the agenda.
Limited Public Comment Regarding Agenda Items
Lynn Savage - Good evening.
My name is Lynn Savage and I am speaking to you once again as
chair of the LCC Labor Coalition on the subject of healthcare.
As you'll recall, the Coalition represents all seven unions on
campus including MAHE, LCCAA, LCC ESP, the Part-time Clerical
Technical Union, AFSCME, Fraternal Order of Police, and the
Hotel and Restaurant employees. We're here to ask for your help.
Despite our best efforts and considerable hard work at the
table, we still have not reached an agreement. We are frustrated
with the time and effort we have put forth in an effort to do
so. Labor members have worked hard to examine many options for
healthcare delivery. Let me quantify that time and effort for
you. Just since the beginning of 2005 approximately 12 labor
representatives have met with management in over 30 meetings of
at least 2 to 4 hours each. Add to that the considerable effort
by labor to inform the public through the informational picket
and press releases of last month. And finally, consider that
many of the labor representatives sitting in these meetings do
not have release time from their "real jobs" to do this work.
Yet all of us believe this
work is critical to the lives of the employees here at
LCC and despite those thousands of dollars of work eaten in
meeting costs we believe this work and those dollars to be very
well spent. We're willing to do the time to make sure that our
real jobs get done, but we are discouraged at the lack of
progress in negotiations. Among the many goals of the Healthcare
Task Force are "maximizing healthcare benefits while minimizing
costs, balancing the needs of employees and the financial
realities of the College, maintaining the level of healthcare
service while keeping costs under control, and providing
healthcare benefits to any employee at a cost effective co-pay."
We believe our proposals have accomplished these goals. However,
there is significant pressure on labor to acknowledge the
current trend in healthcare of employees bearing a greater share
of the cost. While we agree this is a general trend our analysis
shows us already contributing at levels exceeding most of our
comparable community colleges and at an equal level as some of
the more famous settlements in our community regarding
healthcare this past year. Hence our frustration at the table
when being asked to possibly contribute yet more in monthly
contributions or to accept higher out-of-pocket expenses. Hence
our frustration when being asked to possibly change providers to
what amounts to greater expense to the College over the next
three years and disrupts the lives of our employees to do so.
We've traveled a long way. We stand before you as a concerned
Labor Coalition. One that has put in an incredible work to get
to an agreement. We urge you as Board member to support a fair
and equitable agreement that meets the needs of all LCC
employees without further delay. Thank you for your attention.
Trustee Rasmusson - Mr.
Chair, may I ask Lynn a question. You said you didn't have
release time?
Lynn Savage " No, sir. No"
Trustee Rasmusson - My
background is with the UAW and our committee had release time.
Lynn Savage - We meet on
work time, but that doesn't mean the other jobs "the rest" we
meet on work time, yes. It's considered a part-right now it's
part of our job.
Trustee Rasmusson - I see.
Thank you.
Trustee Smith - I also have
one question. When was the last time that the committees have
had an opportunity to meet because you stated that you still
have no agreement, but you're working hard. When was the last
time you had a meeting together?
Lynn Savage - We met last
Wednesday and we meet again this Thursday.
Sally Pierce - Hi, I don't have
a formal statement today. I just wanted to let you know that MAHE is
scheduled to negotiate next week. This is finals week for faculty,
so we're not negotiating as a full table, but we are negotiating.
Subcommittees are meeting this week. Next week we're scheduled for a
12-hour day. We need to settle this so we can have-so we can move on
to other matters. Take care of our students.
Katherine Griffin - Hello, my
name is Katherine Griffin and I'm a member of the Developmental Math
Department here at Lansing Community College. I'm here to answer a
question in regards to negotiations and release time. As a faculty
member who has been, up until now, on the negotiating team, I would
like to state that no release time has been given to me from my
teaching at all; for any reason. And therefore, all the negotiations
that I could personally attend had to be when I wasn't teaching,
which means that there were times when there were not all faculty
present at the table. Also, one of the problems that we had in not
getting everyone present at the table at the same time was that
there was a communication fall out because of that. So, we've been
negotiating since I believe it was March. And we went through the
summer and through the fall. We still have no contract. I have left
the negotiating team because I cannot continue to teach high-quality
programs to students and be available to students and be gone at the
table and missing time, important time with students or the
department meetings or other places where my expertise is needed.
Thank you.
Chairperson and Board Member Reports
Chairperson Laverty
Board Bylaws Discussion
Chairperson Laverty stated that
at the November meeting he discussed evaluations for the President,
Vice Presidents, Deans and chairs. He also had a meeting with the
Labor Coalition regarding this. He said that the hiring process and
staffing policy were discussed with the intention to seek feedback
from the community and the Labor Coalition. Since that meeting,
Chairperson Laverty appointed a committee consisting of Trustees
Smith, Proctor, and himself to work on the development of policies
and both evaluations as well as the hiring and staffing. He spoke
with Ms. Mary Jenkins, who is an expert in this field, and who is
willing to come in and work with Board, the administration and
staff, as well as the Labor Coalition to try to get as much input as
possible in order to help develop a request for proposal in both
areas. He asked the Board for a motion to bring in Ms. Jenkins on a
contract. His intent is to have a request for proposal ready by the
January Board meeting.
IT WAS MOVED by Trustee Smith
and supported by Trustee Brannan to contract with Ms. Mary Jenkins
to meet with the Board's committee, administration and staff, and
the Labor Coalition in order to develop a request for proposal
regarding evaluations for administrators, the hiring process and the
staffing policy.
There was no discussion.
Roll call vote:
Ayes: Brannan, Laverty, Rasmusson, Smith
Nays: None
Absent: Canady, Pelleran, Proctor
Motion carried.
Information and Announcements
-Received
a letter from the Association of Community College Trustees
announcing that Trustee Smith has been appointed as an associate
member to the Diversity Committee.
-He
attended a press conference on December 1 regarding the High School
Diploma Completion Initiative. The approval for $279,000 from the
Workforce Investment Act funds came from the Workforce Development
Board and its administrative Board. An additional contribution is
forthcoming from the Ingham Intermediate School District.
Chairperson Laverty asked Vice President Rich Howard to elaborate on
this topic.
Vice
President Howard shared that this initiative will serve 40 students
and the assessment process has begun and the program will begin in
January.
-He
attended the Foundation Holiday Open House on December 8.
-On
the evening of December 8 the Capital Area Michigan Works! Career
Connections and the Capital Area Manufacturing Council hosted the
annual dinner and alumni celebration. At this dinner different
agencies and individuals were honored who have helped people in the
community get back on their feet. Ms. Maggie Sayles, of Lansing
Community College, was honored with the "Good Guy Award."
-The
Capital Area Michigan Works! appointed Trustee Brannan as the new
Executive Director of the Capital Healthcare and Employment Council.
He will be working with the College and all the different healthcare
units in the tri-county area.
Board Members
Trustee Proctor - Workforce
Development Board
He reported that the College is
a recipient of some Workforce Investment Act grants and the CEO of
the Capital Area Michigan Works! reported that the funding for that
program next year has not been reauthorized yet.
Trustee Rasmusson - Year-end
Financial Audit
Trustee Rasmusson asked Mr.
Bruce Dunn, from Maner, Costerisan and Ellis, to present the
year-end financial audit.
Mr. Dunn presented the financial
audit to the Board (the audit is on file with the official Board
materials.).
There was a question and answer
period after the presentation.
IT WAS MOVED by Trustee
Rasmusson and supported by Trustee Brannan to accept the year-end
financial audit.
Roll call vote:
Ayes: Brannan, Laverty, Proctor Rasmusson, Smith
Nays: None
Absent: Canady, Pelleran
Motion carried.
Trustee Rasmusson presented the
following resolution on behalf of the Ad Hoc Committee:
Resolved,
1.
That the Board approves and ratifies all of the
actions and all of the requests for information made by the Chair to
date, including the approval of contracts and services and approval
of operational matters, and confirms and confers this authority in
the Chair until further direction of the Board.
2.
That the Chair is authorized to approve contracts
that the Chair determines to be in the best interest of the College.
3.
That the Ad Hoc Committee currently has thousands of
pages of records, budget adjustments, budget transfers, expenditures
and audit items to review, and the assistance of professional help,
including Michelle Gallagher, CPA, and forensic accountant, is
needed. Therefore, the Chair is authorized to initiate and approve
contracts the Chair determines to be of assistance to the Board,
including but not limited to the services of Michelle Gallagher,
CPA. The Chair's approval of any contract or amendment or billing
statement shall constitute the Board's approval.
4.
That the Board directs and instructs all auditors and
accountants and attorneys for the College, or who formerly were
auditors, accountants or attorneys for the College, and all College
personnel to cooperate with Jan Lazar and the Mercer Group, Michelle
Gallagher, CPA, and her assistants, and to furnish full access to
all records, emails, files and accounts, budgets, transactions and
documentation requested by them. Jan Lazar, the Mercer Group and
Michelle Gallagher shall work under, at the direction of and to
assist attorney Beverly Baligad and Foster Swift Collins and Smith,
attorneys.
5.
The Board Secretary is instructed to furnish a
certified copy of this Resolution to all accountants and CPAs for
the College including Plante Moran, BDO Seidman, and Maner
Costerisan.
IT WAS MOVED by Trustee Proctor
and supported by Trustee Brannan to accept the resolution presented
by Trustee Rasmusson.
Trustee Smith asked for
clarification on the portion of the resolution dealing with the
authorizing of the Chairperson to approve all contracts that the
Chair determines to be in the best interest of the College. She
asked how far the scope of this is.
Trustee Rasmusson responded that
currently the Chair is approving some of the personnel and
consulting contracts and this motion continues that power.
Trustee Smith asked if this
relates to all contracts or only those related to the Ad Hoc
Committee.
Trustee Rasmusson responded that
it is intended to be both. Primarily this is a result of the Board's
October resolution which limits the College contracting without
Board approval. There are lots of day-to-day things that need
approval.
Roll call vote:
Ayes: Brannan, Laverty, Proctor, Rasmusson, Smith
Nays: None
Absent: Canady, Pelleran
Motion carried.
Trustee Rasmusson presented a
second resolution on behalf of the Ad Hoc Committee regarding a
distinction between Board approval of contracts and Board approval
of expenditures. He stated that this resolution would provide a
better picture on expenditures as opposed to just contracts. He
presented the following resolution:
Resolved, that until further direction of the Board,
the Board and Chair shall be informed monthly of all College
expenditures over ten thousand dollars, during the previous month.
Excluded are payments to union-represented faculty and staff,
scholarships, grants, insurance and utilities.
IT WAS MOVED by Trustee
Rasmusson and supported by Trustee Brannan to adopt the above
resolution.
Trustee Smith asked for further
clarification on how this motion is going to help get a better
picture.
Trustee Rasmusson responded that
the Ad Hoc Committee has found that there are number of things that
have not been referred to the Board although they are expenditures
because they are not viewed as contracts. He would like the Board to
get a picture of what is going on to come up with a sensible rule.
Trustee Rasmusson stated that Ms. Jan Lazar has developed this for
the State and other governmental agencies and should help the Board
come up with a good rule.
Roll call vote:
Ayes: Brannan, Laverty, Proctor, Rasmusson, Smith
Nays: None
Absent: Canady, Pelleran
Motion carried.
Trustee Smith - Foundation
Update
Trustee Smith gave the following highlights of the Foundation Board
of Directors meeting she attended:
-The
next Foundation Board of Directors meeting will be held on January
19, 2006 when the audit will be presented. The strategic direction
of the Foundation will also be discussed.
-She
commended the Foundation Office on a great Holiday Open House on
December 8 in the Health & Human Services Building. Over 150
attended the event including donors as well as guests. Many were
impressed with the facility and she was impressed with the
professionalism that takes place at these events. A dedication of
the Atrium was made to William and Clair Dart in recognition of
their generous contribution to the buy a share Capital Campaign.
-She
invited everyone to contribute to the end-of-the year Foundation
campaign, which is called Reach for the Stars Campaign that goes
towards scholarships for students.
President's REPORT
Informational Items
College Spotlight -
TRIO-Student Support Services
Ms. Carol Harton, Director of
Instruction in the Student and Academic Support Division, introduced
Ms. Valerie Smith, Director of the TRIO program who was successful
in securing another five-year TRIO grant that received a perfect
score of 100% from three independent grant readers.
Ms. Smith shared that TRIO is
not an acronym, but explained that in 1965 congress introduced three
programs to help low-income students that included Talent Search,
Upward Bound, and Student Support Services and because there were
three programs the name TRIO was given. She shared that the TRIO -
Student Support Services program serves first generation,
low-income, learning and disabled students. There are currently 175
students in the program. She introduced Ms. Vernicka Tyson and Ms.
Michelle Johnson, who also work for the Program.
Ms. Smith introduced two
students, Ryan Collins and Gloria Folkler. They shared how they have
benefited from participating in the TRIO program and how they've
learned to make use of all the services at the College.
Trustee Smith commended Ms.
Smith and staff for the services and guidance they are providing to
students.
President Cunningham
congratulated Ms. Smith and staff for having secured a five-year
grant considering this grant is usually awarded for only four years.
Financial Aid Update
President Cunningham thanked the
financial aid staff and others for their hard work in addressing the
various issues. She reported that the loan processing for fall 05
and spring 06 loans and spring 06 awards are up to date. It is
anticipated that fall 05 grants and scholarship waivers will be
completed by the holiday break. A plan is in place for timely waiver
processing for this second semester. President Cunningham commended
Ms. Sinsabaugh for her leadership in the Financial Aid Department
and for the tremendous progress that has been made. In addition,
interviews for a director of Financial Aid have been completed and
it is anticipated that a candidate will be selected by the end of
the year.
Joint Capital Outlay
Subcommittee Resolution
President Cunningham presented
the resolution for discussion and will be presented for Board action
in the January meeting (it is on file with the official Board
materials.) She shared that the Joint Capital Outlay Committee is
asking that all higher educational institutions adopt a resolution
stating they will comply with the law, which includes any funds
spent over a million dollars shall be reported to the State. Some of
the higher educational institutions that were surveyed have complied
and others have said this resolution is not necessary and others
have done a hybrid approach. President Cunningham stated this
resolution is being presented for the Board's review to edit,
change, or not take any action on it. However, staff is requesting
direction from the Board on how to proceed with the request from the
Joint Capital Outlay Subcommittee.
She also shared that Vice
President Larson and Mr. Chris Strugar-Fritsch met with
Representative Pastor where he expressed his opposition to having
any type of project labor agreements if and when the College
receives Capital Outlay funding. Currently, the College has received
a place holder for funds for the University Center. President
Cunningham thanked Chairperson Laverty for extending some efforts to
make certain this concern went to the highest level of government.
Chairperson Laverty shared that
he communicated with colleagues in the construction trade unions and
the UAW and this information was in the Governor's office. He also
asked if the Committee stated whether there would be any
ramifications for not adopting this resolution.
President Cunningham responded,
no, not to her knowledge. She referred to Vice President Larson to
further address Chairperson Laverty's question.
Vice President Larson responded
that the resolution is in response to a letter received from the
Committee formally requesting that the College adopt a resolution,
but the letter does not specify whether there will be any sanctions
if a resolution is not adopted.
President Cunningham asked that
the Board provide feedback and discussion on how to proceed.
The Board decided to take action
on the resolution at the January meeting.
Action Items
Approval of Minutes -
November 21, 2005 Regular Meeting
President Cunningham presented
the November 21, 2005 meeting minutes for the Board's approval.
There were no changes from the
Board.
President Cunningham stated that
under the Approval of Consulting Services the minutes will reflect
that staff is "recommending for award" and not that the proposal has
been awarded.
Human Resources -
Administrative Appointments and Terminations
Administrative Appointments-
Radecka Appiah-Padi, Director of Instruction, Business Department,
Business Media and Information Technology
Terminated Employees-
Margaret Smith, Support Staff (Part-Time), Humanities and Performing
Arts
Tentative Agreement -
Michigan Federation of Teachers
Ms. Stuart thanked the teams for
their work in reaching an agreement. She presented the tentative
agreement for the Michigan Federation of Teachers (it is on file
with the official Board materials.) She stated that these terms will
also apply to the non-bargaining administrators.
President Cunningham also
thanked the members of the negotiating teams for their work and
staying at the table; for respecting each other and working very
hard to reach this agreement.
Finance -
Ms. Beckie Beard shared that at
last month's meeting, the Approval of Consulting Services was taken
off the agenda and Chairperson Laverty approved the following
consulting services:
1.
Immersive Engineering of Bloomfield Hills,
Michigan.
2.
Metz Consulting of Brighton, Michigan.
Chairperson Laverty denied the
following consulting service:
1.
Mr. Anthony Juliano of Lansing, Michigan.
Approval of Bids -
The following bid was presented
for the Board's approval:
- Federal Indirect Rate
Determination. The recommendation is to award this proposal to
The Rehmann Group of Jackson, Michigan.
Approval of Consulting
Services-
The following consulting
services were presented for the Board's approval:
- Interim Director of
Financial Aid in the estimated amount of $64,000. This is a sole
source recommendation to Transformation in Higher Education LLC
(Nancy Sinsabaugh).
- Consulting Services for
Financial Aid in the estimated amount of $59,000 plus expenses.
This is a sole source recommendation to Financial Aid Services
of Atlanta, Georgia.
- Conflict Resolution
Services in the estimated amount of $1,500. This is a sole
source recommendation to Dispute Resolution Center of Central
Michigan of Lansing, Michigan.
There was discussion regarding
the bids and consulting services.
Trustee Proctor recommended
separating the Human Resources Report, Administrative Appointment
and the contract bid for the Dispute Resolution Center. He will be
abstaining from voting on the contract because he serves as a
volunteer at the Center.
There were no objections from
the Board.
There was discussion about the
tentative agreement and whether the vote would approve the terms
being extended to the non-bargaining administrators.
Trustees Rasmusson and Proctor
did not object to the non-bargaining administrators receiving the
same benefits as the bargaining unit; however, they expressed
concern with the Board not having information in writing regarding
what the costs are in extending the same benefits to the
non-bargaining administrative unit.
President Cunningham explained
that historically this has always been given to the Board as
information and they've never had a separate motion on it. She said
if the Board would like more information, the administration would
be happy to provide it. Historically the Board's approved it in this
format.
Chairperson Laverty suggested
that the Board vote on the tentative agreement and then additional
information would be provided to the Board regarding the costs of
extending the terms to the non-bargaining administrative unit.
There was no objection to
Chairperson Laverty's suggestion.
IT WAS MOVED by Trustee Brannan
and supported by Trustee Smith to approve action items 1, 3, and 4
of the President's Report and vote separately on the bid for
conflict resolution services.
Roll call vote:
Ayes: Brannan, Laverty, Proctor, Rasmusson, Smith
Nays: None
Absent: Canady, Pelleran
Motion carried.
Trustee Proctor shared that he
will be abstaining from voting on the conflict resolution contract
for the Dispute Resolution Center of Central Michigan because he
serves as a mediator there on a volunteer basis. Trustee Proctor
explained that when this item was before the Board last month he
recommended that staff contact the Dispute Resolution Center and he
assumed it would be at no cost. He further explained that his
recommendation was not to go out and secure a contract with the
Center.
IT WAS MOVED by Trustee Brannan
and supported by Trustee Rasmusson to approve the conflict
resolution services bid.
Roll call vote:
Ayes: Brannan, Laverty, Rasmusson, Smith
Nays: None
Absent: Canady, Pelleran
Trustee Proctor abstained from
voting.
Motion carried.
IT WAS MOVED by Trustee Proctor
and supported by Trustee Rasmusson to table the administrative
appointment of the Director of Instruction position.
Roll call vote:
Ayes: Brannan, Laverty, Proctor, Rasmusson, Smith
Nays: None
Absent: Canady, Pelleran
Motion carried.
IT WAS MOVED by Trustee Brannan
and supported by Trustee Smith that Board approval is no longer
required to terminate probationary employees.
Roll call vote:
Ayes: Brannan, Laverty, Proctor, Rasmusson, Smith
Nays: None
Absent: Canady, Pelleran
Motion carried.
Trustee Proctor asked for
clarification if the termination of Ms. Smith is effective.
Chairperson Laverty responded
that was correct.
Trustee Smith asked why the
administrative appointment is being tabled again and if it is
because sufficient information has not been given.
Chairperson Laverty responded
that additional information has been received, but he still has
additional questions. He stated that this appointment is tabled
until further notice pending the receipt of additional information
and a review of the College's hiring process.
PUBLIC COMMENT
Nancy
Lombardi - Hi, I'm Nancy Lombardi. I
don't think I need a mic. I am speaking now as the chair of the
search committee for the Director of Instruction for BMIT division.
That committee worked hard. I made sure that there was due diligence
and I am extremely upset that the Board has postponed this decision.
The person is extremely well qualified for the job. There were
faculty, there was staff, there were administrators on that
committee. I am personally offended-you want more information? I was
the chair of the committee. I'd like you to talk to me.
Chris McKinnon - I'm questioning
why we're not looking at non-probationary faculty and staff and why
we're excluding them (inaudible) fired for whatever reasons, you
know. And so, if we're looking at them selectively, I don't
understand why they're being excluded as to-being looked at by the
Board. So, I hope that I put that properly, but I have a question as
to why.
Chairperson Laverty - You said,
non-probationary.
Chris McKinnon - Yeah, the ones
you just voted on.
Chairperson Laverty - That was
probationary.
Chris McKinnon - Oh, o.k., I'm
sorry I'm misspeaking myself. Probationary "pardon me" I know what I
mean, but I just didn't say it.
Chairperson Laverty - Do you
still have an issue?
Chris McKinnon - I don't
understand why probationary are not are being looked at also
(inaudible.)
ADJOURNMENT
IT WAS MOVED by Trustee
Rasmusson and supported Trustee Brannan for the meeting to adjourn.
Ayes: Brannan, Laverty, Proctor,
Rasmusson, Smith
Nays: None
Absent: Canady, Pelleran
Motion carried.
The meeting adjourned at 6:45
p.m.
