Call
to Order
The meeting was called to order at 5:11 p.m.
Roll
Call
Present: Canady,
Heywood, Holden, Jeffries, Mason, Pelleran
Absent: Rasmusson
Trustee Rasmusson arrived at 5:17 p.m.
Limited
Public Comment Regarding Agenda Items
Chairperson Jeffries stated that agenda item IV,
General Motors/LCC Spotlight, has been pulled.
The representative from GM was unable to be present and the
presentation will be rescheduled for either March 17 or April 1.
Cheryl Bartz - Hello, I'm Cheryl Bartz.
I would like to address the agenda item about the resolution
opposing war in Iraq. There
are a lot of reasons that I oppose the war.
I'm active in the Greater Lansing Network Against War in
Iraq. Iraq has not
attacked the U.S. They
were not responsible for the attacks on September 11.
They are not linked to Osama Bin Laden, except by innuendo.
But I think the most important reason that I would like this
body to take the position in opposing the war is that the cost of a
war is estimated to be $100 billion and that's not including the
cost of occupation. And I
think in a time when LCC is making deep cuts and the State?s budget
being cut, it doesn?t make sense to have an elective war when in
fact (inaudible.) And I
have a hand out I?d like to pass out to you.
Spotlight
- General Motors/LCC
This agenda item was pulled.
Peace
Resolutions
Chairperson Jeffries reminded the Board that at
the last Board meeting there was a request made that the Board
consider a resolution opposing war in Iraq.
At that time it was indicated that if there were interested
parties that they could submit drafts of resolutions to the Board.
There are two resolutions in front of the Board for their
consideration. One was
submitted by the People for Positive Social Change Club and the second
is a resolution similar to one passed by the City of Lansing
Trustee Canady felt that this is not an
appropriate issue for this Board to be involved in.
He said that it is not related to the mission of the College
and as a result will not be voting for it.
Trustee Heywood stated that he would support a
resolution. He felt that
the Board does have an obligation to make a statement because of the
potential impact on the budget and the economy.
IT WAS MOVED by Trustee Heywood and supported by
Trustee Holden to accept the second resolution, which is the
resolution similar to one passed by the City of Lansing.
Trustee Canady stated that he would be voting
against the resolution. He
distributed to the Board several documents (which are on file with the
official Board materials) related to the massacre that has occurred in
Iraq. Trustee Canady
expressed that he understands the reasons opposing the war; however,
he felt that war would be the only way to remove the existing regime
in Iraq
Trustee Holden stated that she would not be
supporting the resolution because she believes it is not part of the
College's mission. She
wanted the record to show that she supports everything in the
resolution, but will not be voting in support of it because she feels
that it is not appropriate for the Board to be involved.
Trustee Heywood stated that in 1988 it was the
United States? military advisors that advised the Hussein regime on
how to gas the Iranians to remove them from the oil fields in southern
Iraq. The United States
has just as much involvement, causation, and creation of this tyrant
as does the tyrant himself.
Trustee Canady stated that is even more reason to
take an active role in getting rid of him.
Trustee Heywood responded that he doesn?t have
a problem with Mr. Hussein being removed, but he does have a problem
in spending $288 billion to do that.
Trustee Heywood asked how much federal funding does the College
receive.
Chief Financial Officer, Glenn Cerny, responded
that the College receives $32 million from the State and a lot of that
is federal dollars. He
said that the College receives $21 million in federal funds for
financial aid assistance.
Trustee Heywood asked if $288 billion were
removed from federal funding, what would be the impact on educational
funding.
Mr. Cerny responded that he couldn?t answer
that; however, the State would see the impact.
Trustee Heywood stated that he is concerned with
a war that's taken unilaterally.
He has an issue with the United States playing bully, which he
sees happening. Additionally,
he has a bigger issue with the United States ignoring and flaunting
international law. As an
institution of law, he believes the Board has an obligation to stand
up and say that they do not support it.
Chairperson Jeffries thanked everyone that sent
emails to the Board regarding this issue.
He said that he will be supporting the second resolution.
Chairperson Jeffries pointed out a couple of things that the
resolution contains. First
of all, it indicates that the Board cannot speak for all the
residents. However, the
major points of the resolution stresses that all peaceful diplomatic
alternatives to war with Iraq be pursued.
It talks against a preemptive military attack unless there is
evidence of a real and eminent threat to the nation?s safety.
Most of all, the resolution supports the role that the military
has played there and across the world.
Chairperson Jeffries stated that he has similar concerns as
Trustee Heywood related to the fiscal and human costs a war would
have, and is concerned with reopening the draft.
He believes that these issues will impact the College directly.
Trustee Canady stated that the fiscal costs are
worth it due to the tyranny caused by this regime.
Roll call vote:
Ayes: Heywood, Jeffries,
Mason, Pelleran
Nays: Canady, Holden,
Rasmusson
Absent: None
Motion carried.
Annual
Results Inventory Report - Access
President Cunningham stated that the annual
results inventory is part of the monitoring requirement that the Board
receives every quarter. This
report deals with access. She
said that this report will not be approved tonight.
It is on the agenda to give the Board an opportunity to ask
questions and get information. The
report will be on the next meeting?s agenda for the Board's
consideration and approval.
Dr. Bill Brown presented the Annual Results
Inventory Report to the Board in a PowerPoint presentation (the report
is on file with the official Board materials).
EISD
Contract
President Cunningham stated that the Board
received a draft form of the EISD contract in October.
At that time it was noted that the contract would be reviewed
by EISD?s and the College's legal counsel. She
said that the contract before the Board does not have the costs
involved because it is being requested from the Board to grant
authority to the President to negotiate the contract with EISD.
The numbers cannot be included in the contract at this time as
the actual number of students enrolled is not yet known.
President Cunningham stated that the difference between this
contract and the one received by the Board in October is that the
contract language includes a reciprocal student discipline schedule of
fees that has been added per student, all the costs attached to wages,
benefits, materials, and cost of rental.
IT WAS MOVED by Trustee Holden and supported by
Trustee Heywood to grant authority to the President to negotiate the
contract with EISD.
Trustee Holden asked how many of the EISD
students continue on to LCC.
Mr. James Predko responded that over the past
three years 1475 enrolled in the EISD program.
Of those students, 506 took classes at the College after they
graduated from high school. The
students that attended LCC generated 8,795 credits.
Roll call vote:
Ayes: Canady, Heywood,
Holden, Jeffries, Mason, Pelleran, Rasmusson
Nays: None
Absent: None
Motion carried.
Early
Retirement Incentive Program Resolution
President Cunningham stated that the
administration has met with the Labor Coalition regarding early
retirement incentive program, and they are in agreement.
She thanked the team for their work on this issue.
President Cunningham asked the Board to entertain a motion to
adopt the resolution of the 2003-2004 Lansing Community College early
retirement incentive program.
IT WAS MOVED by Trustee Holden and supported by
Trustee Mason to approve the early retirement incentive program
resolution.
Roll call vote:
Ayes: Heywood, Holden,
Jeffries, Mason, Pelleran, Rasmusson
Nays: Canady
Absent: None
Motion carried.
Budget
Update
Mr. Glenn Cerny reported that there have been two
budget forums held on campus. A
1% decrease in state appropriations has been planned for.
There is an estimate of a 5% increase in tuition.
He said that his office is making sure everyone understands the
situation and informing everyone that this is a major structural
change that is occurring and will continue.
Recommended
Policies
Intellectual
Property
Chairperson Jeffries stated that these are
policies that the Board has been made aware of before. He said that
there is an issue with the Intellectual Property Policy and asked Mr.
Tim Zellar to respond to what happened with this particular policy.
Mr. Zellar stated that the policy was developed
by Ms. Margery Basile, an attorney with Miller, Canfield, Paddock and
Stone. He said that they
had several meetings with the Labor Coalition to review these policies
including the intellectual property policy.
At the last meeting there were minor changes made and the
Coalition agreed to those changes.
The final draft, which included the changes, was sent to the
Board. Mr. Zellar stated
that Ms. Sally Pierce is suggesting that she?d like more time to
review the policy. He said
that there had been plenty of time for MAHE to review this policy when
it was first presented at their first meeting.
Mr. Zellar felt that the policy is ready for the Board's
approval.
Chairperson Jeffries stated that this policy came
forward at a request from Trustee Canady.
It has been reviewed by the Board's Policy Committee and
there was a presentation from Miller Canfield?s legal expert on
intellectual property. He
understands that there was a final meeting with the Coalition and
everyone was in agreement with the changes made.
Ms. Pierce stated that her representatives at the
meeting were in agreement with the substantive changes.
She is suggesting having an opportunity to review the final
document.
Chairperson Jeffries stated that what is being
proposed at this point is to move forward with the policy and Ms.
Pierce may come back at any time if there are changes.
Ms. Pierce stated that she will have it reviewed
and if there are any concerns, she will come back with a demand to
bargain.
Trustee Pelleran recommended postponing the
Intellectual Property Policy until the next Board meeting to allow
MAHE to review it in its finished form.
Trustee Canady stated that he would not have a
problem with that. He said
that under Item III, Section B, 1 should include the word ?or?.
The way it is drafted could allow an employee who is
responsible for developing intellectual property for the College who
does it at home and LCC loses ownership interest in it.
The way it is written it would allow an employee to work on an
outside project while using the College's resources and own that
intellectual property, and he didn?t think that is the College's
intent. He suggested that
the section be changed.
IT WAS MOVED by Trustee Canady and supported by
Trustee Pelleran to amend the policy as follows:
?Intellectual Property
is owned by LCC when the Member, or Members, who create the
Intellectual Property, are required by the terms of employment to
create, author, conceive, or invent the Intellectual Property and or the Intellectual Property results from substantial LCC support
including, but not limited to, use of LCC facilities, equipment, other
staff, and computing and graphic services.?
Trustee Heywood suggested a friendly amendment to
include ?and/or?, not just ?or.?
Trustee Canady stated that it may not take care
of the problem and it makes it ambiguous.
Trustee Heywood responded that it gives greater
leeway if an employee is using some of the College facilities and also
their personal facilities.
Trustee Canady stated that if they are using some
of the College's facilities then the College should have an
ownership interest.
Trustee Heywood agreed that the word should be
changed to ?or?.
Mr. Zellar stated that having the word ?and?
communicates that it has to be a member creating it and it has to be a
connection with the College. If
?or? is added, then a member who creates it on his or her personal
time will still be considered intellectual property for our purposes.
He thought the word ?and? is correct, but he stated that he
was not an expert in intellectual property and thought the policy
should be taken back to the experts who drafted the policy.
Trustee Canady responded that the way the policy
is drafted it should cover that situation because it is going to be
owned by the College if the member is required by the terms of
employments to create, author, conceive, or invent the intellectual
property, and that is standard. Of
course it will be owned by the College, if that is their job.
However, the way it is drafted now if they do it at home even
though it's their job to do it, the College would not own it and
that is a huge loophole the College does not want to have.
Chairperson Jeffries recommended that this policy
be tabled for approval until the next Board meeting and have it
reviewed by the College's attorneys.
The Board agreed to table this agenda item.
Health,
Safety, and Safe Work Environment; Employee Personnel Files
IT WAS MOVED by Trustee Canady and supported by
Trustee Mason to approve the Health, Safety, and Safe Work Environment
and Employee Personnel Files policies.
Ayes: Canady,
Heywood, Holden, Jeffries, Mason, Pelleran, Rasmusson
Nays: None
Absent: None
Motion carried.
Purchasing
Procedures
President Cunningham stated that what is before
the Board are procedures that will be implemented as a result of the
purchasing investigation recommendations and the continuous
improvement model the College follows.
Some of the procedures have already been implemented, and some
procedures address Trustee Rasmusson?s concerns regarding financial
management oversight. She
said that these are being presented to the Board as an informational
item. These are not
changes to the policy, but to the procedures.
Chairperson Jeffries stated that what is before
the Board is the President's responsibility to create and implement
procedures based on Board approved policies.
That is why this agenda item is for informational purposes
only. He said that if
there are policy changes then it would be up to the Board to make
those.
Trustee Rasmusson said that the scope of the
purchasing policy, an emergency and other issues should be reviewed.
He suggested that the Policy Committee review these issues.
Trustee Pelleran stated that there has been a
committee reviewing this and it's been 10 months since it has been
dealt with. She hopes that
the Board will review the purchasing policy again and take care of
some of the concerns that Trustees have.
Chairperson Jeffries responded that the Policy
Committee, as it relates to this particular issue, indicated in July
that they would not be reviewing the purchasing policy until the
investigations were complete. He
reminded the Board that there was an agreement that if there were any
emergency purchases made, the Board would have a special meeting.
If it is the desire of the Board, the Policy Committee can
reconvene to review the purchasing policy.
The Board agreed for the Policy Committee to meet
and review the purchasing policy.
Trustee Pelleran suggested for the committee to
review Michigan State University?s purchasing policy.
Trustee Rasmusson stated that his recommendation
was that when it comes to physical emergencies, such as the roof
blowing off, the President would have the authority to deal with that
problem. There would be
other categories of an emergency where the Chair would make the
decision.
Closed
Session
IT WAS MOVED by Trustee Canady and supported by
Trustee Heywood that the Board go into closed session for the purpose
of the discussing an attorney/client privileged communication.
Roll call vote:
Ayes: Canady, Heywood,
Holden, Jeffries, Mason, Pelleran, Rasmusson
Nays: None
Absent: None
Motion carried.
The Board entered into closed session at 6:25
p.m.
IT WAS MOVED by Trustee Canady and supported by
Trustee Heywood that the Board return to open session.
Roll call vote:
Ayes: Canady, Heywood,
Holden, Jeffries, Mason, Pelleran, Rasmusson
Nays: None
Absent: None
Motion carried.
The Board returned to open session at 6:46 p.m.
Public
Comment
President Cunningham announced that the College
has hired Mr. Chris Holman as the Workforce Development Director.
There were no comments from the public.
Adjournment
The meeting was adjourned at 6:48 p.m.
