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Adopted Meeting Minutes
March 15, 2004
Regular Meeting

CALL TO ORDER

The meeting was called to order at 6:04 p.m.

ROLL CALL

Present: Brannan, Laverty, Murray, Pelleran, Proctor, Rasmusson
Absent: Canady

ADDITIONS/DELETIONS TO THE AGENDA

Trustee Brannan requested to postpone voting on the Audit Committee rules until additional information is received regarding rules that other associations have.

There was discussion regarding Trustee Brannan?s request.

The Board agreed to postpone approving the rules, but left the item on the agenda for discussion.

LIMITED PUBLIC COMMENT REGARDING AGENDA ITEMS

Gene Hayhoe - My name is Gene Hayhoe, a faculty member here for decades.It seems kind of odd bringing up information about the separation of church and state to a board which has several lawyers on its board, but given the College's practices it's clearly necessary. I'm going to start with the February 26, 2004 edition of the Wall Street Journal with some quotes from Chief Justice William Rehnquist writing for the majority said that ?training someone to lead a congregation is an essentially religious endeavor in determining that it was not proper for the state (inaudible.) The state of Washington was proper in not funding the studying of Theology under state sponsored scholarships.? Now I'll read to you from a LCC document called the Curriculum Tracking Proposal, which is where the church music program?this is from the proposed course description. Techniques and skills for the practice of sacred music including principles of conducting effective organization and administration of quality programs, appraisal of pertinent resources, planning worship services, and fundamentals of recruiting, marketing and budgeting. Repertoires and training methods for various vocal instrumental ensembles and soloist cantors will also be addressed. One of two?and there's a brief rationale for creating this course?one of two proposed courses to be required of students enrolling in either of the proposed associates of applied arts or certificate of achievement programs. Many LCC faculty, students, and practicing musicians in local churches and religious organizations have expressed both a desire and need for training in these areas. Currently there is no similar program that addresses these needs in the greater Lansing area. The skills to be taught in this class are appropriate and applicable for practitioners regardless of a religious affiliation. That is if you're Christian, if you look at the syllabus. Evidence of current projected need for the curriculum: currently religious denominations across the country are lamenting the increasing difficulty in obtaining qualified musicians to lead their worship services. Professional organizations including the American Guild of Organists and the National Association of Pastoral Musicians have voiced concerns about the lack of properly trained musicians and have (inaudible) who will provide music for worship in the 21st century. Presently many religious institutions are relying upon willing but untrained volunteers to step into the breach. Because of the lack of training available not only the local institutions suffer musically, but musicians in the mid-Michigan area who are interested in the field of sacred music have fewer programs to turn to for a solid basic education in sacred music. If you cannot tell that clearly that is outside of the bounds of the U.S. law?I mean clearly it's calling for training in one religion and it's calling for people to be trained in things that clearly lead to the practicing of religious beliefs. I request that you adopt a resolution regarding the separation of church and state at Lansing Community College. Lansing Community College is a secular tax paying?

Chairperson Laverty - Mr. Hayhoe, your time is up. Please wrap it up.

Mr. Hayhoe - This is the last paragraph?it is not Lansing Christian College. It is inappropriate for religious college content to be given a higher priority than secular curriculum. It is inappropriate for one religion or group of related religions to be given a preferential treatment for resources, curriculum fragments, or other priorities. It is also inappropriate for faculty or administrators to apply their own personal religious agenda in matters of curriculum, personnel, or any other college business in a manner which is prejudicial to or unfair to those who do not share those belief systems. In all cases the (inaudible) facts shall take precedence over belief. Thank you.

Kathy Kuhn - My name is Kathy Kuhn and I am the treasurer of the student organization called People for Positive Social Change and I'm here?we have drafted a resolution against the patriot act that we're hoping to get passed to the Board of Trustees. I realize that you do have a lot on your agenda, but I do want to?I have some copies here and I?d like to read through it briefly. It was drafted by our organization. And it states, USA Patriot Act Resolution drafted and sponsored by LCC's People for Positive Social Change. ?WHEREAS, Lansing Community College greatly benefits from the many contributions of its highly diverse population which includes people from around the world, and these people are vital to our College's unique character, that academia can only prosper in an open environment wherein every person is treated fairly and justly andWHEREAS, Lansing Community College recognizes its unique position in maintaining positive relationships with other nations through international educational efforts and exchange programs, and that free inquiry and free discussion, unhampered by censorship, violation of privacy or government intrusion, are the cornerstones of any institution of higher learning, andWHEREAS, the United States Constitution guarantees certain fundamental rights including: freedom of religion, speech, association, assembly, and privacy; protection from unreasonable searches and seizures; due process and equal protection for any person; equality before the law and the presumption of innocence; access to council and judicial proceedings and a fair and speedy public trial; and WHEREAS, examples of the provisions in the USA Patriot Act (Public Law 107-56) and related Executive Orders that may undermine the constitution and the rights and civil liberties of the L.C.C. community include:Expanding significantly the government's ability to access sensitive medical, mental health, financial and educational records about individuals; lowering the burden of proof required to conduct secret searches and telephone surveillance;provide for law enforcement agents to engage in electronic surveillance and data collection for library users who are not suspected of any crime, and whose use of computers to browse the internet, access email, or research online information may be under government surveillance without their knowledge or consent; giving the Attorney General and the Secretary of State the power to designate domestic groups including student and faculty organizations as ?terrorist organizations? and permitting the FBI to conduct secret surveillance without having any evidence that a crime has been or may be committed;Authorizing the indefinite incarceration of non-citizens based on mere suspicion, and the indefinite incarceration of citizens designated by the president of the United States of America as ?enemy combatants?, without access to council or meaningful recourse to the federal courts; Limiting disclosure to public documents and records as guaranteed under the Freedom of Information Act;WHEREAS, the states of Alaska and Hawaii and more than 200 cities, universities, and communities throughout the country including Meridian township, Lansing City Council, Ingham County Board of Commissioners, Ann Arbor, Detroit and Grand Rapids have enacted resolutions reaffirming support for civil rights and civil liberties in the face of government policies that seriously threaten these values, and are demanding accountability from federal agencies regarding the use of these new powers. NOW, THEREFORE BE IT RESOLVED that Lansing Community College affirms its commitment to completely avoid discrimination in all functions of the college and recognizes that an infringement of the constitutionally guaranteed rights of any person, is an abuse of power, a breach of the public trust, a misappropriation of resources, and a violation of the inalienable rights and fundamental liberties granted under the United States and Michigan Constitutions; and BE IT FURTHER RESOLVED that the L.C.C. Board of Trustees respectfully request that the L.C.C. Library to post in a notice as follows: ?WARNING: Under Section 215 of the federal USA PATRIOT Act (Public Law 107-56), records of books and other materials you borrow from this library may be obtained by federal agents. This law also prohibits librarians from informing you if records about you have been obtained by federal agents.? BE IT FURTHER RESOLVED that the campus administration urges the L.C.C. Police Department and all other applicable departments, except when required by law, to refrain from: a.utilizing race, religion, ethnicityor national origin as a factor in selecting which individuals to subject to investigative activities except when seeking to apprehend a specific subject whose (inaudible) factors must be stated. b.any practice of stopping drivers or pedestrians for the purpose of scrutinizing their identification documents without particularized suspicion??

Chairperson Laverty - You are going to have to wrap it up.

Ms. Kuhn - O.k.

Chairperson Laverty - Can you give us copies of that?

Ms. Kuhn - I will give you copies of that and sorry for the?thank you. (Copies of the resolution were distributed to the Board and are on file with the official Board materials.)

Paul Covert - My name is Paul Covert. I'm president of Smart Office Systems and we're here tonight to thank President Cunningham, Beckie Beard, and Barbara Larson for opening up the office furniture bid. I thought the process was thorough and fair. I thought LCC took all the time necessary to bring us to the process. So, really I just wanted to stop down tonight and say thank you. I realize the recommendation tonight is to do business with Smart Office Systems and I just want to assure you that we look forward to serving you. I think you?ll find our product to meet or exceed any specifications of the product you currently have here which is the Hermann Miller product. Our product is (inaudible) lifetime warranty. We are located right here in Lansing and it should be noted that about 57 of our employees are graduates or attended class at LCC. One hundred of our employees live right here in the taxing district. And on behalf of them we just wanted to stop down tonight and say thank you. We look forward to doing business with you and hopefully exceeding your expectations.

CHAIRPERSON AND BOARD MEMBER REPORTS

Chairperson Laverty

Board Bylaw 1.7.7, Conflict of Interest

Chairperson Laverty presented the following suggested changes to bylaw 1.7.7 Conflict of interest. (Changes are in italics)

1.7.7 Conflict of Interest

A. Defined; Obligations in event of conflict of interest: As required by state law, if a Board member?s outside activity (employment, participation or involvement in another business, corporation, institution or other entity) constitutes a conflict of interest, then the Board member will (a) disclose to the Board such conflict or the potential conflict; (b) absent herself/himself from discussion regarding any issue which involves his role as a Board member and his outside activity, and (c) refrain from voting on any such issue.

Conflict of interest includes, without limitation, (1) serving simultaneously as a member of a community college board and as an officer or director of a corporation doing business with the college, or (2) having a financial interest in a corporation doing business with the College, or (3) having the potential in similar ways to have a direct personal benefit from a Board action, or (4) participation or involvement in any outside activity (as defined above) which would create the appearance of divided loyalties and advancing self-interest if the Board member were to engage in deliberations or votes concerning matters of interest to both the College and the outside activity or (5) any conference or discussion with any person which would create a risk of disclosing confidential or proprietary information of the College particularly when such discussions could implicate and further exacerbate conflicts as defined in (4) above.

B. Disclosure: Members shall immediately disclose to the Board any conflict of interest or potential conflict of interest that arises, and shall also disclose in writing at the regular September Board meeting each year any existing or potential conflict of interest. Each Board member shall receive a disclosure form in advance of the September Board meeting upon which disclosures shall be made.

C. Solicitation: No Board member shall directly or indirectly solicit any contract between the College and:

1. The member;

2. Any firm (meaning a co-partnership or other incorporated association) of which she/he is a partner, member or employee;

3. Any private corporation in which she/he is a stockholder owning more than one percent (1%) of the total outstanding stock of any class where such stock is not listed on a stock exchange, or stock with a present market value in excess of $25,000.00 where such stock is listed on a stock exchange or of which he/she is a director, officer or employee; and

4. Any trust of which the Board member is a beneficiary or trustee.

D. Vendors: Except in circumstances where the Board is selecting a consultant for its own purposes, Board members shall not normally communicate with vendors regarding the provision of products and services to the College, and shall refer any inquiries to the President. Board members shall avoid involvement in vendor-College relationship; any advocacy of individual vendors shall be regarded as a substantial conflict of interest.

IT WAS MOVED by Trustee Rasmusson and supported by Trustee Proctor to approve the changes to bylaw 1.7.7 Conflict of Interest.

There was no discussion from the Board regarding this motion.

Roll call vote:
Ayes: Brannan, Laverty, Murray, Pelleran, Proctor, Rasmusson
Nays: None
Absent: Canady

Motion carried.

IT WAS MOVED by Trustee Pelleran and supported by Trustee Brannan to delete section D, Vendors, of bylaw 1.7.7 Conflict of Interest for the reason of not being germane to the definition of conflict of interest as stated in section A and not being germane to the bylaw.

Trustee Rasmusson felt that Trustee Pelleran expressed a valid point, but did not agree in deleting the section, but rather moving it. He asked her where this section should be moved to.

Trustee Pelleran responded that she felt it should be moved to the purchasing policies, practices and procedures, however, did not know what section to move it to at this point.

Chairperson Laverty stated that he could not support removing, omitting, or deleting section D from the bylaw at this time. However, he would be willing to review this at a future meeting and have additional discussion.

Roll call vote:
Ayes: Brannan, Murray, Pelleran
Nays: Laverty, Proctor, Rasmusson
Absent: Canady

Motion failed due to a split vote.

Legal Services Discussion

There was discussion regarding Mr. Tim Zeller?s added responsibilities of being the College's internal legal counsel and if this would change bidding out legal services.

President Cunningham shared that Mr. Zeller would only be dealing with day-to-day legal operations but not with items such as bonds, the millage, or the downtown development authorities. She stated that this new arrangement may help in reducing legal costs for the College. However, direction is still needed from the Board on what they would like to do regarding representation.

There was discussion and some Board members felt that it would be appropriate having a list of approved legal firms and their expertise. The Board decided to table this agenda item until September and this will give an opportunity to see how the internal legal house arrangement worked, if legal costs are decreasing, and if it is necessary to bid out legal services.

Trustee Pelleran requested that in the interim it would be prudent to look at what other Colleges are doing regarding legal services.

President Cunningham responded that staff has already contacted the community colleges regarding which institutions have an internal legal counsel. She said we can contact the colleges again, but it would be helpful to know upfront what additional questions the Board may have.

Board Development Session

Chairperson Laverty reported that last week President Cunningham, Mr. Rich Howard, and he interviewed three candidates to facilitate a Board development session. They will be interviewing a few additional candidates prior to forwarding them to the Board. Chairperson Laverty stated that the session is tentatively planned for a Friday afternoon, evening and a Saturday morning. He said it is essential that everyone attend. Prior to the session all Board members will be asked to forward their concerns and issues and the information collected will be used at the session.

President Cunningham expressed her appreciation for the time that Chairperson Laverty has taken to interview the candidates and she looks forward to the input from the Board.

Lansing Township DDA

Chairperson Laverty reported that he and Mr. Howard attended a meeting on March 9 where several consultants were brought in to study the economic impact of the developments in Lansing Township. He stated that having attended the meeting and read the material, he has not changed his mind regarding the direction the Board has taken.

President Cunningham stated that legislation will be introduced tomorrow on the House floor to try to make the 1983 downtown development authority null and void.

Chairperson Laverty said the advantage of having hired Miller Canfield to represent the College on this matter is that they have been involved in setting up downtown development authorities (DDA) across the state and are knowledgeable of the statutes related to DDA?s. He said they have done a great job with this matter.

RED Team

Chairperson Laverty reported that at the last meeting there were concerns regarding the Michigan State University Medical School moving to Grand Rapids. The Team is in the process of setting up a blue ribbon committee to retain the medical school in the Lansing area.

Other

Chairperson Laverty also reported on the following items:

? Luncheon on March 3 in conjunction with Michigan State Medical State Society with the Michigan surgeon general, Dr. Kimberlydawn Wisdom which was a great opportunity to strengthen relationships with the medical community. He stated that Ms. Ruth Borger did a wonderful job.

? His attendance at the ?You Can?t Take It With You? performance and encouraged others to attend future performing arts events.

Chairperson Laverty distributed the following information for the Board's perusal:

? An agenda for the March 25 Grow Michigan Initiatives event which is being co-sponsored by the Michigan Community College Association.

? A letter that was sent to Governor Granholm regarding the Board's pledge to keep tuition at or below the consumer price index level.

? He distributed a legal opinion from Miller Canfield regarding the College's next election due to the State?s endeavor to consolidate elections. A resolution about when the next election would be will need to be passed in the fall.

Board Members

Trustee Thomas Rasmusson - Audit Committee Rules

Trustee Rasmusson stated that the Audit Committee is already meeting and functioning. The rules are not critical to its functioning, but serve the purpose of having the Board meet its obligations in conducting audits. And there is no hurry to approve the rules and it is a good suggestion to review rules from larger trade organizations.

Trustee Brannan said not being familiar with governmental and higher education institution audit committee rules he would like to see what other organizations have established. And then compare them to the ones that have been provided in the Board packet to ensure everything is covered.

Trustee Pelleran would like to see what the national community college associations may have to offer, which may help focus on the purpose of an audit committee.

Chairperson Laverty distributed suggested changes to rules #5 and #7, and suggested deleting #12. He reviewed those changes with the Board (they are on file with the official Board materials.)

Trustee Pelleran recommended that minutes be taken since this is the only standing committee of the Board.

Chairperson Laverty thought that would be a good idea. He saw no problem in having the Secretary there or having someone responsible for taking minutes. Chairperson Laverty asked that any feedback be forwarded prior to the next meeting.

Trustee Proctor asked what the purpose of #12 is if we're not dealing with an Enron situation. Each Trustee stands for election and that constitutes an evaluation by the community as to whether or not the Trustees are effectively serving their constituents. He asked what is to be accomplished with that rule.

Trustee Rasmusson responded the value would come from if the Board's job is questioned with respect to audits and finance; the courts would look at what the Board was supposed to be doing. If there is something in place that meets the federal standard, then the Board could not be criticized. This may also help individual Board members. He would accept changing the rule to read, ?the Audit Committee may assist the Board in evaluation.?

Chairperson Laverty stated that he would not be opposed to the Audit Committee assisting the Board with that process.

Trustee KP Pelleran - Foundation Board of Directors & Leslie Local Finance Development Authority

Trustee Pelleran stated that the Foundation will be meeting on Thursday, March 18.

She reported the following:

? The Foundation is continuing solicitations and donor cultivation and are ready for the capital campaign for the health careers facility.

? A trip to Doral, Florida was held recently and those that participated paid their own way.

? The Alaska trip has been cancelled due to low interest.

? The scholarship breakfast is May 12.

? She highlighted the donor envelopes that were available.

In regards to the Leslie Local Finance Development Authority, Mr. Warren Cook has been selected as the part-time economic development specialist. She announced that the City of Leslie is looking at its available property and other ways people might be interested in purchasing property in Leslie such as for a Truck Driver Training Program. Trustee Pelleran stated that she has given Mr. Cook Dean Darr?s name to contact regarding the Truck Driving Training Program. She also informed the group that the College is involved with the Hope Scholarship program and Leslie is at the fringe end of our district and many residents attend Jackson Community College.

She attended the ?You Can?t Take It With You? performance. She asked Dean Gary Knippenberg to extend her compliments. The set design, music, and performance were fabulous.

Trustee Pelleran reported that she spoke with Mr. Tom Bernthal from the Michigan Community College Association (MCCA) regarding the issue of the Board's participation on the Mackinac Island trip. Mr. Bernthal informed her that it was a fluke that the speakers were lined up at the last minute because MCCA was waiting on the keynote speaker and that held them up. He told her that the next summer workshop in Traverse City will be meaningful and will preserve the integrity of the colleges? tight budgets.

Chairperson Laverty asked the Trustees planning to attend the MCCA workshop to please contact the Board office to make arrangements.

Trustee Robert Proctor - Workforce Development Board

Trustee Proctor asked that Chairperson Laverty give the report as he was unable to attend the meeting.

Chairperson Laverty reported that there is great concern with the loss of manufacturing jobs in the tri-county area. Last week General Motors broke ground on the new assembly plant in Delta Township. There were concerns regarding the possible loss of the MSU medical school and the jobs that it could take with it. He reported that the Work First centers are in jeopardy of losing funding, closing, or having layoffs due to budget reductions.

President's REPORT

Informational Items

College Spotlight - Curriculum Validation

President Cunningham announced that Trustee Canady?s father is doing much better and he (Trustee Canady) will be back soon. She thanked Mr. Dan McCormick for his outstanding job with the cultivation in Doral, Florida. All participants said they would return next year. President Cunningham introduced Miss Stephanie Bagley who received an award last week. Ms. Bagley is an Academic All American and was one of two LCC students to receive an award. The other student was Miss Karen Brown.

President Cunningham introduced Dr. VanKempen.

Dr. VanKempen and Dr. Katherine Manley provided a PowerPoint presentation that highlighted ways that Lansing Community College is meeting the workforce development challenges. One process the College has chosen is the DACUM process which stands for Develop A Curriculum.

Dr. Manley explained the DACUM process which included some of the following steps: interviews that include asking a panel how they do their jobs; capture the tasks of those duties; and the knowledge and skills of each task. Duty and task areas are rated on a scale of importance. Then a gap analysis is conducted.

There was a question and answer period after the presentation.

President Cunningham thanked the Board for having supported Dr. Manley.

Dr. VanKempen recognized Deans Judith Berry, Roberta Peterson, and William Darr who have worked closely with Dr. Manley. A bulk of the work has been completed in the Technical Careers Division.

Dean Darr recognized Mr. Steve Goethals, Ms. Annette parker, Mr. Ron Meloche, Ms. Kathy Bender, and Mr. Clint Jones from the Technical Careers Division that have also worked closely with Dr. Manley.

President Cunningham announced that they are now looking at performing DACUMS with four year colleges. Recently Ms. Parker and Ms. Debra Dolman made a connection with Ferris State University regarding alternative energy.

Human Resources

Professional Development Leave Request?

Rebecca G. Beard, Administrator, Purchasing Services
Duration of Leave: July 12, 2004 to August 12, 2004

Budget Update

President Cunningham announced that the March 29th budget workshop will be rescheduled. The budgets are not due until this day and in order to provide a more accurate picture staff is recommending to reschedule the workshop.

Vice President Barbara Larson stated that staff have been given six weeks to submit their budgets. Each division has been given a reduction target and they are working diligently to meet those targets. She reviewed the budget projection information that was provided in the Board packet (it is on file with the official Board materials.)

President Cunningham stated that this information will be part of the budget workshop.

Trustee Pelleran requested that a breakdown of the reserves be provided at the workshop.

Action Items

Approval of Minutes - February 16, 2004 Regular Meeting, February 25, 2004 Special Meeting

President Cunningham presented the February 16 and February 25 meeting minutes.

The Board had no changes to the minutes.

Finance

Approval of Bids?

Vice President Larson presented the following bids for the Board's approval:

  1. Glass, Glazing, Curtain Wall Systems for the HHPS building in the amount of $1,340,900. The bid was awarded to American Glass & Metal from Plymouth, Michigan.

  1. M-TEC Workstation Panels and Components in the amount of $134,904.13. The bid was awarded to Smart Office Systems from Lansing, Michigan.

Trustee Pelleran commended the administration for taking a second look at the furniture bid.

IT WAS MOVED by Trustee Pelleran and supported by Trustee Brannan to approve the President's Report.

Roll call vote:
Ayes: Brannan, Laverty, Murray, Pelleran, Proctor, Rasmusson
Nays: None
Absent: Canady

Motion carried.

CLOSED SESSION

IT WAS MOVED by Trustee Proctor and supported by Trustee Brannan that the Board go into closed session for the purpose of discussing strategies related to negotiations.

Roll call vote:
Ayes: Brannan, Laverty, Murray, Pelleran, Proctor, Rasmusson
Nays: None
Absent: Canady

Motion carried.

The Board entered into closed session at 7:35 p.m.

IT WAS MOVED by Trustee Pelleran and supported by Trustee Rasmusson that the Board return to open session.

Roll call vote:
Ayes: Brannan, Laverty, Murray, Pelleran, Proctor, Rasmusson
Nays: None
Absent: Canady

Motion carried.

The Board returned to open session at 8:20 p.m.

PUBLIC COMMENT

There were no comments from the public.

ADJOURNMENT

IT WAS MOVED by Trustee Proctor and supported by Trustee Pelleran for the meeting to adjourn.

Ayes: Brannan, Laverty, Murray, Pelleran, Proctor, Rasmusson
Nays: None
Absent: Canady

Motion carried.

The meeting adjourned at 8:20 p.m.

LCC Board of Trustees
Administration Bldg
Phone: (517) 483-5252
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