Adopted Meeting Minutes
January 21, 2003
Regular Meeting

Call to Order

The meeting was called to order at 6:03 p.m.

Roll Call

Present: Canady, Heywood, Holden, Jeffries, Pelleran
Absent: Rasmusson

Trustee Rasmusson arrived at 6:25 p.m.

Additions/Deletions to the Agenda

There were no additions or deletions to the agenda.

Limited Public Comment Regarding Agenda Items

Paul Covert - My name is Paul Covert and I'm here tonight to discuss the removal of the censure on Dave Patterson. And really I'm just here to be supportive, he is a friend of mine. I think he?s been a positive role model here in the community. Quite honestly, what's occurred down here at LCC has not done a lot for Dave?s name in the community. And having known Dave and the things he?s done in the community, I just think it's in the best interest?I don't really see a benefit from LCC's perspective to maintain the censure and I think it's in everybody?s best interest now that Dave?s no longer involved, to remove it at this point, and let both parties move on. Hopefully half of it. So, simply that's?I'm just here?if anybody has any questions for me, I?d be happy to answer them, but just here supporting Dave.

Lynn Savage - Good evening, my name is Lynn Savage, I'm president of the LCC Administrative Association, local number 7751 of the Michigan Federation of Teachers and School Related Personnel. I am pleased to see the item of purchasing investigation resolutions on the agenda tonight. And I urge you just to follow through and issue Beckie Beard, the Purchasing director, a written apology she so very much deserves as quickly as you can. I think you would have to agree that Beckie has ?the patience of Job? with respect to this issue. And it is time for the Board to take appropriate formal action. Thank you for your consideration.

Marlon Fairweather - Hi, my name is Marlon Fairweather, president of National Career Group. I disagree with the removal of the censorship. I think it's been placed there on behalf because it was the best thing (inaudible) if it wasn't put into place then?if it wasn't something that was put into place, it never would have been put into place. There are other things that he did within the community, I'm quite sure, but at this point in time I think those other things (inaudible.)

Janie Olivarez (read into the record on behalf of Suellen Hozman, Buyer for the Board of Water & Light. Letter is on file with the official board materials.) ? Subject: Letter of public comment for January 21, 2003 meeting. My compliments to the Board of Trustees for their interest in public service and to Paula Cunningham for her service to Lansing Community College. I was present at the December 17, 2002 meeting of the Board of Trustees. I spoke during public comment and bore witness to the entire proceedings. I write because I am unable to attend tonight and wish to be heard. First, Beckie Beard deserves a letter of apology from the Board of Trustees. At the December 17 meeting it was mentioned several times that a letter of apology was due. It is now January 21, 2003 and Beckie Beard received no letter of apology. In retrospect, I believe that it was a conscious act of omission that a motion was never made to write the letter. Now, it is more than a month later and tonight?s meeting will not have the impact of the two reports, public comment and trustee and president discussion of the December 17^th meeting. I fear that a diluted non-apology letter will be tonight?s outcome or no letter at all. If that's the case, it is a sad day for Beckie Beard and all purchasing professionals. Second, I believe that it was an act of cowardice that a motion to write a letter was not made at the December meeting. On December 17^th I bore witness to a Board of Trustees who would benefit from team development. I strongly recommend that you visit the current schedule of classes. You will find outstanding teachers and curriculum in team development. It is not easy to be on a team. You will learn, as I did from LCC instruction that teams go through four phases in development, forming, storming, norming and performing. All teams storm. It's normal. But to stay stuck at storming is non-productive. It's your call. If you think that you already function the best that you can be, then you will file this recommendation and carry on. If you think there's opportunity for improvement, then you?ve been reminded that there's help in your own backyard. Thirdly, and lastly, Beckie Beard deserves a letter of apology. Thanks for the opportunity to be heard. Sincerely, Suellen Hozman, Buyer for the Board of Water & Light.

Gonzalo Rios - I'm here on behalf of also LCC's Purchasing Department, Beckie Beard. My name is Gonzalo Rios. I'm the CEO of Inline Design and the CEO of American Inline Identity. I'm the person that?the chairperson for the Greater Lansing Hispanic Chamber of Commerce. Also I'm the Project One coordinator for the Michigan Minority Business Development Council. The person in front of you at LCC is a great asset to the (inaudible) community and (inaudible) I do a lot of quoting through LCC and I lose a lot to LCC, but you have a fair organization (inaudible) purchasing agents, they're all appreciated. I just want to thank them in front of all you folks.

Bruce Caradine - Bruce Caradine, co-director of the Physical Plant Department, Lansing Community College. I was here at the December 17 meeting and I spoke on behalf of Beckie Beard. Tonight I'm also speaking on behalf of Beckie Beard and Glenn Cerny (inaudible) discussion that there will be a letter of apology written for those two individuals. And I think that to be a first class college that I think we are it would be in the best interests of the Board to fulfill that obligation because it found in the findings from the investigation that the Purchasing Department fulfilled all of the rights and rightful doings for the college and it was the Board of Trustees that were found to be more out of step than the Purchasing Department. I feel that the Board should apologize to both Beckie and Glenn Cerny. Thank you very much.

Chairperson and Board Member Reports

Chairperson

President's Contract

Chairperson Jeffries presented the President's contract to the Board. He said that there are three changes in the contract that deal with the term of the contract, it creates a five year rolling term, a 6% salary increase for last year and this year, and expense reimbursement sections that reflect increases in dues as well as tax increases that have occurred.

IT WAS MOVED by Trustee Canady and supported by Trustee Holden to approve the President's contract.

Trustee Heywood stated that he would be supporting the contract and he is doing so with the expectation that this is setting a precedence for negotiating with the faculty union, when that comes up, because it sends an important message that we pay people what they're worth.

Trustee Pelleran asked if this adds one year to the existing contract.

Chairperson Jeffries responded that it is a rolling provision that one year will continue to be added at the end of each year until the Board or the President requests otherwise.

Trustee Pelleran asked if the increase of 6% in salary is in conformity with other community college president salaries within the state.

Chairperson Jeffries responded that was correct.

Roll call vote:
Ayes: Canady, Heywood, Holden, Jeffries, Pelleran
Nays: None
Absent: Rasmusson

Motion carried.

Purchasing Investigation Resolutions

Chairperson Jeffries stated that at the December 17 meeting the Board indicated it would present Beckie Beard, Glenn Cerny, and Lee Whipple with a letter of apology that they can use for their personnel files as it relates to the investigations that occurred. He reminded the Board that there was previously discussion and a motion to approve attorney fees as well for these three individuals. Chairperson Jeffries said that he had the opportunity to meet with them and discuss this issue with them as it relates to the delay. He said that the delay does not indicate that it will not be forthcoming. Chairperson Jeffries stated that they discussed a process to get this out and he will be bringing it forward at the next meeting of the Board in an attempt to accelerate the process. The Board will also provide a resolution, which will be a formal motion, in addition to a letter.

Remaining Policies for Board Approval Update (Drug Free Workplace; Employment of Relatives - Nepotism and Workplace Consensual Relationships; Organ Donor; and Working From Home)

Chairperson Jeffries presented the above policies for the Board's approval.

IT WAS MOVED by Trustee Holden and supported by Trustee Canady to approve the Drug Free Workplace; Employment of Relatives - Nepotism and Workplace Consensual Relationships; Organ Donor; and Working From Home policies.

Ayes: Canady, Heywood, Holden, Jeffries, Pelleran
Nays: None
Absent: Rasmusson

Motion carried.

Vice President of Academic Affairs

President Cunningham stated that in conformity with the Board's bylaws, all vice president level positions are presented to the Board of Trustees for their approval. She said that she was honored to present to the Board a candidate for their approval, Dr. Gary VanKempen. President Cunningham provided to the Board Dr. VanKempen?s background, which is on file with the official board materials.

IT WAS MOVED by Trustee Canady and supported by Trustee Holden to approve the appointment of Dr. Gary VanKempen to the position of Vice President of Academic Affairs.

Ayes: Canady, Heywood, Holden, Jeffries, Pelleran
Nays: None
Absent: Rasmusson

Motion carried.

Board Members

Trustee Olga Holden - Board Meeting Time, MCCA, Foundation Board

Trustee Holden reported on the Foundation Board. There was breakfast of both the LCC Board and Foundation Board on January 15. It was a delight and very well accepted by those that attended. She encouraged the Board to continue to have regular interactions with the Foundation Board. Trustee Holden stated that discussion is healthy and the Boards need to have that. One thing that she tries to emphasize on behalf of the Board is that both Boards have mutual goals. She said that the Foundation Board is very open and under Chris Laverty?s leadership there's been an opportunity to implement the strategic plan. The plan opens up a lot of opportunities beyond scholarships particularly with some of the initiatives the college has.

Trustee Holden reported on the Michigan Community College Association (MCCA). Lansing Community College is hosting on January 31 through February 1 the MCCA Winter In-Service Workshop. She encouraged the other Trustees to attend. She asked President Cunningham if she wanted to offer any additional information.

President Cunningham stated that the College has invited LCC alumnus, Dianne Byrum, to be the speaker at the dinner on January 31 and she has consented. MCCA also asked Mayor David Hollister to come and talk about his new department. Governor Granholm has also been asked to attend.

Trustee Holden stated that at the last meeting she announced that she would be bringing forward a motion to begin the regular Board meetings at 5:30 p.m. rather than 6:00 p.m.

IT WAS MOVED by Trustee Holden and supported by Trustee Heywood to begin the regular Board meetings at 5:30 p.m. beginning in February.

Ayes: Canady, Heywood, Holden, Jeffries, Pelleran
Nays: None
Absent: Rasmusson

Motion carried.

Trustee Mark Canady - Amendment to Board Bylaws, Removal of Censure

Trustee Canady proposed an amendment to the Board bylaws with respect to late items. He read the motion aloud, ?the Board shall not consider any item not placed on the agenda for any meeting at the time the agenda is made available to the public except upon a motion by a member of the Board of Trustees. A non agenda item or late item may be considered if five members of the Board of Trustees affirmatively vote to consider the non agenda or late item.?

Trustee Canady stated that the intent of the motion, when the Board goes into meetings, is that there is a full and clear understanding of what will be considered at the meeting and recognizing that late items are often legitimate, this mechanism will allow the Board to consider late items on an emergency basis. This would not allow a motion to come up just ad hoc from any member for any reason. He said that he thinks in the past that has caused some problems and it has resulted in at least two Board members? resignation. His proposal is that the Board modify the procedures so that the press and public are always notified as to what motions will be on the agenda. If there is a necessary change or the need for another motion, this mechanism allows the Board to do so.

IT WAS MOVED by Trustee Canady and supported by Trustee Pelleran to amend the Board bylaws to reflect the following: The Board shall not consider any item not placed on the agenda for any meeting at the time the agenda is made available to the public except upon a motion by a member of the Board of Trustees. A non-agenda item or late item may be considered if five members of the Board of Trustees affirmatively vote to consider the non-agenda or late item.

Trustee Heywood stated that he would not support the motion because with a majority vote the Board can suspend the bylaws at any time and doing so eliminates the whole issue of being able to do that. He said that Trustee Canady is creating a band-aid over what he (Trustee Canady) perceives to be a problem.

Trustee Canady stated that this is very much in line with what other governmental entities do, particularly with the Lansing City Council. He said that it was true that the Board can suspend the bylaws at any time, but that is an unusual and extraordinary measure. This creates a routine that he believes the Board can follow regularly.

Trustee Pelleran felt that the amendment would be extremely courteous to the public and that is one of the elements of why she supports it.

Mr. Cliff Flood, from Miller, Canfield, Paddock and Stone, addressed the Board. He said that he thinks that one of the issues he needs to look at under the Community College Act is whether it allows a super majority. Mr. Flood agrees with Trustee Canady that other municipalities have this, but other municipalities have their own charters, and the Board of Trustees has the Community College Act. He said that he would be reviewing that issue and following-up with Mr. Howard.

Chairperson Jeffries stated that this is an amendment to the bylaws and it requires that it lay over for one meeting before it is adopted.

The Board will be considering the motion at their next meeting.

Trustee Canady addressed his second item. He said that he is in full support of the resolutions of apology to all of the people that were offended by the investigation. Trustee Canady stated that everyone is aware of his feelings toward the procedure in which Trustee Patterson was censored. However, in an effort to help get the Board behind this, he felt it would be helpful if the censure were removed from Mr. Patterson. Trustee Canady read his proposed motion aloud, ?a motion by Trustee Canady. Hereby be resolved that the censor imposed upon former Trustee Patterson is hereby removed.? He said that he chose that language carefully, he did not say ?rescinded.? The reason he did not say, ?rescinded? is because he understands that some Trustees may have concerns that this would be an admission of some type of wrongdoing, which is not his intent. Trustee Canady stated that his intent is to have some type of olive branch that could be extended and allay some of the ill feelings that may exist on the part of Mr. Patterson. He felt that to keep the censure in place now when Mr. Patterson has already resigned, is unnecessary and this is purely a symbolic gesture.

IT WAS MOVED by Trustee Canady and supported by Trustee Pelleran that the censure imposed upon former Trustee Patterson be removed.

Trustee Pelleran stated that this would help with the healing process and encouraged her colleagues to support the motion in a good faith effort to move forward.

Roll call vote:
Ayes: Canady, Pelleran
Nays: Heywood, Holden, Jeffries, Rasmusson
Absent: None

Motion failed due to lack of support.

President's Report

President Cunningham thanked the Board for their support regarding her contract. She also thanked Vice President Barbara Larson and Provost Jennifer Wimbish for their dedication and service to the college for the past eight years. She said that they also have become friends to her and to many others in the room. They will be sorely missed. President Cunningham stated for the record that Vice President Larson and Provost Wimbish are released from their contracts. She asked everyone to join her in giving them a round of applause. President Cunningham announced that in the interim, the responsibilities that Vice President Larson had will be divided up and given to five people. She stated that Chief Information Officer Glenn Cerny would be leading the finance area.

Informational

Human Resources

Appointments?

Faculty?

Janet Anderson, Faculty Member, Nursing, Human, Health and Public Services Division

Karen Conerly, Faculty Member ? MS Programmer, Information Technology and Office Systems, Business and Media Careers Division

Daniel Durkee, Faculty Member, Corrections, Public Service Careers, Human, Health and Public Service Division

Dennis Pipper, Faculty Member - Web Programmer, Information Technology and Office Systems, Business and Media Careers Division

Enrollment Update

Mr. Glenn Cerny provided an enrollment update. There was a 6% increase in credit hours. Enrollment has increased by 2.9%. He stated that this is a consistent trend in enrollment increases for the past six semesters.

Action Items

Approval of Minutes - December 9, 2002 Regular Meeting, December 17, 2002 Special Meeting, December 19, 2002 Special Meeting, January 7, 2003 Special Meeting

President Cunningham presented the minutes for the Board's approval.

IT WAS MOVED by Trustee Pelleran and supported by Trustee Canady to have verbatim minutes for the December 17 and December 19, 2002 special meetings because of the nature of those meetings.

Chairperson Jeffries asked if there was something missing from the minutes that the Board would like included.

Trustee Canady responded that it would be in the Board's interest to have a complete record of both meetings.

Ayes: Canady, Heywood, Pelleran
Nays: Holden, Jeffries, Rasmusson
Absent: None

Motion failed due to a tie vote.

IT WAS MOVED by Trustee Canady and supported by Trustee Holden to approve the December 9, 2002 and January 7, 2003 meeting minutes.

Trustee Heywood stated that a correction should be made to the January 7, 2003 meeting minutes. He said that Klunzinger was spelled incorrectly.

Ayes: Canady, Heywood, Holden, Jeffries, Pelleran, Rasmusson
Nays: None
Absent: None

Motion carried.

Chairperson Jeffries asked for those that were in favor of approving the December 17 and December 19, 2002 meeting minutes.

Ayes: Heywood, Holden, Jeffries, Rasmusson
Nays: Canady, Pelleran
Absent: None

The minutes were approved.

Public Comment

There were no comments from the public.

Adjournment

The meeting was adjourned at 6:40 p.m.