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Adopted Meeting Minutes
November 17, 2003
Regular Board Meeting

CALL TO ORDER

The meeting was called to order at 6:07 p.m.

ROLL CALL

Present: Brannan, Canady, Laverty, Murray, Pelleran, Proctor, Rasmusson
Absent: None

ADDITIONS/DELETIONS TO THE AGENDA

There were no additions or deletions to the agenda.

LIMITED PUBLIC COMMENT

Joseph Warren - My name is Joseph Warren, Lansing. I work in the Department of Humanities and Performing Arts. I noticed on page 18 of the notes passed out the College's healthcare costs continue to skyrocket with an increase of more than 20%. that's going to go through the roof if the problem isn?t addressed. I?d like the Board to direct the President to take care of this. That problem is the smoking on campus. This has been a critical problem in front of the liberal arts building. Between the liberal arts and the TLC where the smoke comes into the building. On November 4 it was so bad the basement and classrooms were a blue gaze of smoke and it got to the point where we couldn?t breathe (inaudible). What I would like done, and I've been appointed the spokesperson for the people in liberal arts division in that building who have just had it, they have reached the point where they cannot sit in their offices - I can't be in my office in the afternoon when there is smoking in between the buildings. We?d like four things. One, a clearly delineated non-smoking area in front of those doors in front of the buildings. Because the students stand in front of the doors and the doors open and everything comes in. No smoking at all between the LSD and the TLC building, it goes up to the second floor and it makes the whole second floor west side unusable. Remove the ash trays from under the no smoking signs. That sends a terrible mixed message. And every time I shoo the smokers away they point and say, they don't care they put out ash trays for us. No, that's not the point. And what's even more important is to direct Public Safety to call people?s attention to the fact that this is a no smoking area. I have collared several of the Public Safety people and told them, please move the students away from the doors. And they look at me blankly?

Trustee Pelleran - I was just wondering what kind of reception you?ve received when?

Joseph Warren - ?what makes it worse is watching from the second story down as they are out there chatting with their friends amidst all the smokers and do nothing. Or walk between the buildings through the smokers and do nothing. So, I?d like President Cunningham to direct the director of Public Safety to tell the people, to notify the people that that is a non-smoking area and to move to the public places down at the end of the campus.

Sally Pierce - I'm Sally Pierce. I'm the president of LCC MAHE and I'm here tonight because I don't have any other place to go. Sorry state of my life. Anyway, we got?I'm very serious and I'm very concerned and I'm serious that I don't feel like I have any other alternative but to come to the Board. We received an arbitrator?s award regarding Mitzi Carol?s grievance in part and were told that what we had to do was to demonstrate that there was a load for Mitzi. We did that every semester since we've gotten that award. And I believe that you guys know that we also went to circuit court to attempt to enforce the arbitration award. You guys appealed that. Your representative appealed that and it is now sitting out of court. A year and a half since we began proposing loads and I'm here to propose yet another load. I'm also here because I'm very frustrated at the process. Friday, November 7 I sent an email to Mitzi?s dean requesting a list of classes that the college thought she was qualified to teach. On the 10th I saw that dean and he told me that he would send me not only a list of classes, but a list of release time that she would be eligible for, and that's hard for me to know what a department is doing with release time if I don't hear something from a college representative. So, I said thank you very much and on Wednesday the 13th I checked my email after five, didn?t have anything and I figured life gets crazy. I work at the institution too. On Thursday I was out sick, I went to see my doctor and on the 14th I came in and stopped by and he told me that he didn?t have anything to give me at all. And I said, well, can you tell me what's going to happen to the release time for the dance recital that's happening? How many release credits are you going to be giving a faculty member to help produce that dance show? Because the rest of it I can kind of figure out from the schedule book. He said we're not going to be giving any release time for that. we're going to be paying a stipend. I said, there isn?t any stipend agreement in my agreement?in the MAHE contract with the Board. And he said that's what we did in the past. So, what I'm here to say to you is, Friday, Mitzi Carol and I met to consider potential loads for spring 2004 semester. She is available to work and seeks to exercise her recall rights to be reinstated as a full-time faculty member at Lansing Community College. We've constructed five work loads as examples. Other permutations are certainly possible. She is qualified to teach these courses: DANC 101, DANC 102, DANC 104, DANC 161, DANC 201 DANCE 202, DANC 204, THEA 173, PFFT 102, PFFT 112, PFFT 113. What I did was I weighted out five schedules. I know time is short so I'll spare me reading through schedules?

Chairperson Laverty - Your three minutes is definitely up.

Sally Pierce - Since leaving LCC and becoming Pilates certified in all apparatuses, Mitzi has continued to teach both dance and Pilates. She?s taught large and small group mat classes as well as personal training. Her students range in age from 13 to 75. She?s trained people with scoliosis, stenosis, muscular dystrophy, mastectomies, pace-makers, arthritis and chronic back and knee problems. She also works training dancers and physical trainers in Pilates at a more advanced level. She has most recently trained the MSU swim team in mat Pilates. She would be more than willing to train LCC sports teams. All of LCC's MAHE?s requests for the College to honor Mitzi?s recall rights have been rebuffed. Please do the right thing now and help us construct a load that will put her back to work as a full-time faculty member at LCC. We?d be happy to discuss other options with you or any LCC representatives. Sincerely, Sally Pierce. And I have copies?(Ms. Pierce distributed a document to the Board. It is on file with the official Board materials.)

Trustee Pelleran - I have one question for Sally. Sally, what is the average load? Number of classes or number of credit hours?

Sally Pierce - Sixteen is a full-time load for a faculty member. Actually anything over 13 credits is a full-time load. And we've proposed loads that range from 16 to 17 credits for Mitzi for next month.

Gene Hayhoe - This would go mostly to the President's review. Members of the Board of Trustees I'm here to urge you tonight to end the wasting of tax payer money on the corrupt practices of this administration. Those of you who haven?t met me before, my name is Gene Hayhoe, and for more than 20 years I taught jazz and blues history and among other things in the LCC Music program. Last spring the majority of the Trustees on this Board were elected in a campaign where it was promised to the public that the LCC house would be cleaned. I along with thousands of others in the community voted for that slate in the hope that that would happen. The rest of the community, like I, was tired of tax payer money to be wasted in openly corrupt ways such as those just described by Sally by the administration which seemed answerable to no one. I am telling you as a faculty member and as a community member that it is time to end the war of terror against the faculty of this institution. Against the part-time faculty members especially who administration seems to think they can plagiarize the work of and then reassign it to people in other departments, programs, and curriculums who lack any kind of background in those curriculum areas. It's time to end the waste, nepotistic, and corrupt policies in the LCC community and especially in my case, the Music program and the Humanities Department and the so called Liberal Studies division. It's time to end the work of plagiarizing part-time faculty so the results can be assigned to other individuals. It's time to tell the administration of this college that Lansing Community College is a secular, tax-payer supported institution, not their private religious college. And if you doubt that, I have some documents you can look at where curriculum is clearly being modeled after private religious organizations to replace secular curriculum in the Music program. It is also time to end the elimination of secular curriculum so that Music lead faculty, Nealon, and Dean Knippenberg can use tax payer money to market their religious beliefs. It's time to tell the administration that academic racism is an unacceptable policy at Lansing Community College. It is unacceptable for lead faculty to make racist jokes in curriculum based meetings as well as to make decisions which impact our curriculum in an openly racist way and again if you doubt, I have documents such as a document generated by the lead faculty in the Music program proving that racist exclusion is the norm in Michigan colleges and wanting to emulate that as a model. I find that darn right offensive. Again, it's the document of the people I am fighting, not something I created. By their own words they are using documents that show that racism is pervasive and that is the direction they want to move the LCC Music program in. It's time to stop rewarding corrupt and incompetent administrators with promotions. Some of whom are in this room, for example. Board members it's time for integrity to be installed at Lansing Community College and if you will not direct it, you are as much the problem as the people in the administration who refuse to behave in an ethical manner. Thank you.

Dan Zimmerman - My name is Dan Zimmerman, and I help students and parents attend college, afford college. I'm the assistant director of Financial Aid. I want to direct my comments to the communication and research contact hours study. I find two statements in that study misleading if not un-factual. The statements are first, that the main disadvantage of charging by contact hour is this basis for tuition assessment isn?t as transparent. The students?and another statement ?it should also be noted that financial aid is available specifically for students in high contact hour curriculum...? I hope you take into consideration?I understand the College's need to generate additional revenue, but keep in mind that most of the growth in financial aid is in loans. we're talking debt, debt, and more debt. There really isn?t money that is at all expandable. Students who are high need students already receive their full Pell grant. And I'm not trying to overstate the case either. Students with a full Pell grant have their tuition and fees more than covered. They may have $1,000 or more available for books, supplies, and transportation. But also for room and board and living expenses. When the bottom line increases, when the cost of attendance goes up, the amount available after paying tuition and fee dollars goes down for the highest need students. And the alternative is really loan. Thank you.

CHAIRPERSON AND BOARD MEMBER REPORTS

Chairperson

President's Performance Review

Chairperson Laverty stated that under the Board bylaws and President's contract it is time for the annual review of the President's performance.

President Cunningham said they did not solicit external people to address the Board because if the College's reputation in the community doesn?t speak for itself, then it doesn?t matter what anyone would say. She reminded the Board that the President's evaluation is based on the strategic drivers from the core of the strategic plan. President Cunningham presented to the Board her performance review (it is on file with the official Board materials.)

President Cunningham stated that everything in her report is not attributed to only one person, but it is attributable to a concerted effort from everyone in moving the College in the right direction. She said it has also taken open, honest, candid communication which she values and she asked that everyone continue to provide. If the college is to have continuous improvement, it is important to know what the issues and concerns are.

Trustee Pelleran said there is so much the Board can be pleased with after receiving the President's report. She was pleased that the glitches related to Oracle?s implementation are being worked out. Trustee Pelleran referred to page 18 of her report dealing with the increase in healthcare costs. She requested an itemized report on the healthcare carriers? increases.

The other Trustees were pleased with the President's performance review.

Chairperson Laverty stated that President Cunningham did a fine job. He said they have developed trust and communication over the last few months and he has been very impressed. They have both been working hard to move the College forward.

IT WAS MOVED by Trustee Canady and supported by Trustee Proctor for the Board to approve the President's performance review.

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

Motion carried.

Emergency Purchase Provision

Chairperson Laverty presented the recommended changes to the emergency purchase provision of the purchasing policy, which included the College's legal counsel recommendations.

The Board discussed the emergency purchasing provision and made amendments. The revised emergency purchase provision will now read as follows:

?D. Purchases exceeding $100,000

2. In cases where delaying a purchase until the next regularly scheduled Board meeting or until a special meeting is called would result in an undue expense or in cases of an emergency, [?emergency? defined as: an unforeseen combination of circumstances resulting in a state that calls for immediate action; a sudden crisis requiring action; an unexpected and sudden event that must be dealt with urgently], the President will inform the Board Chairperson or his/her alternate of the need to proceed with a purchase and request his/her approval. A special meeting of the Board will be called if reasonably possible. If a special meeting cannot be scheduled, because of the urgency of the situation, every effort will be made to contact all Board members to seek their input prior to final approval being given by the Board Chair or his/her alternate. Members of the Board shall be notified of the final disposition of the purchase and its approval immediately.?

IT WAS MOVED by Trustee Proctor and supported by Trustee Pelleran to approve the changes to the emergency purchase provision as amended.

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

Motion carried.

Regional Economic Development (RED) Team

Chairperson Laverty reported that at the November 6 RED team meeting several local developers attended and discussed how they could work with the team. There was a Workforce Development Subcommittee meeting, and there was a Broadband Link Michigan presentation where CDs were provided.

Site Visits

Chairperson Laverty reported that as part of the Board orientation he toured the STAR Institute on October 28 and was impressed with that staff and faculty working there. On October 30 they also visited the St. Johns and Livingston County extension centers where he had the opportunity to speak with the students. He was very impressed with the caliber of faculty and staff at both facilities.

December 8 Board Meeting - 5:00 p.m.

Chairperson Laverty recommended that the December 8 Board meeting be moved to 5:00 p.m. and dinner will not be served prior to the meeting.

There was no objection from the Board.

Other

Chairperson Laverty reported that the Board has been invited to attend various events at the College. He had the opportunity to attend the following events: the Multicultural Center reception; Soundscapes 2003; President Cunningham and himself spoke at the UAW CAP conference on November 3; Workforce Development Board meeting; LUCERO program reception; Looking Glass Fire Department grand opening; the Veterans Recognition reception on November 11; Pride and Prejudice theatre performance on November 15; and President Cunningham and himself have had several meetings with City Council members.

Board Members

Trustee Rasmusson - Audit Committee; Governance, Compliance and Reporting Conference

Trustee Rasmusson reported that the Audit Committee met last week. He reminded the Board that the idea of an audit committee is something the federal government is requiring of all companies. An organization doesn?t have to have an audit committee if they are not a publicly traded corporation; however, if such a committee exists, it looks like the organization is doing everything they should. Trustee Rasmusson stated that the audit committee had a very good discussion with the CPA. He said there are a number of new rules that are going into effect regarding how revenue and expenditures are reported. Trustee Rasmusson distributed his notes from the conference he attended which he encouraged for the Board to consider (the notes are on file with the official board materials.)

Trustee Rasmusson requested that the November 10 letter that the Board received during dinner be entered into the official Board records. He sent the U.S. Attorney the packet of information the Board received in September. Trustee Rasmusson felt that it was his duty under the federal misprision statute and is hopeful this issue is resolved favorably to the persons involved.

Trustee Pelleran - State Revenue Resolution

Trustee Pelleran apologized for having missed the Board meeting last month. She was aware that Mr. Gary Olson provided a presentation to the Board. She said the dire straits the government is in will once again be handed down to the local level of governance. Without having revenue enhancements at the state level, programs will be cut or revenues will need to be enhanced. She said she used information from the House Fiscal Agency to draft the resolution. Trustee Pelleran asked for the Board to consider the resolution in the Board packet.

IT WAS MOVED by Trustee Pelleran and supported by Trustee Rasmusson to approve the state revenue resolution.

Trustee Canady stated that he would not be supporting the resolution. He is not in favor of raising taxes or encouraging the government to increase taxes and in these difficult times both the private and public sectors will need to make difficult decisions.

Trustee Brannan responded that he understood the resolution doesn?t ask the legislature to raise taxes, but only to review the possibility. If the resolution will assist in not passing the burden onto students, he will be supporting the resolution.

Trustee Rasmusson felt that raising taxes is never a positive thing; however, taxes haven?t been raised in a number of years.

Trustee Murray asked Trustee Pelleran to further address the commission to review the taxation system.

Trustee Pelleran responded that the commission would review where we are at with the taxation system, the different taxes that have been in place, tax credits, and tax cuts and how these systems may be modernized. She felt that a good policy review on taxes is healthy. The resolution does not indicate the government needing to make the changes, but encouraging that a regular review be conducted for the system to stay current, modern, and meets its purpose.

Trustee Murray stated it is important to communicate the connection between reducing taxes and the potential for an increase in tuition, limiting the opportunity for students to attend college, and eliminating the ability for people to improve their income. She would be supporting the resolution.

Trustee Pelleran reminded the Board that the State is in a structural deficit and it is not going to go away. If the government does not mitigate the structural deficit, this Board and other non-profit boards will have to deal with the deficit year after year. She encouraged everyone with contacts in the Legislature to air their concerns.

Chairperson Laverty stated he has reservations on the resolution. He wasn't confident that the resolution will have any impact. However, he doesn?t see how passing this resolution will hurt anything. Over 200,000 manufacturing jobs were lost in the state of Michigan in the last two years and it is continuing. Chairperson Laverty asked what the Michigan Community College Association is doing about this issue.

Trustee Pelleran responded that she wasn't sure; however, she knew that President Cunningham had sent a letter two weeks ago to Governor Granholm regarding the same issue. Trustee Pelleran asked President Cunningham if she had heard anything from the Michigan Community College Association.

President Cunningham responded that the community colleges in Michigan are lobbying for parity. There are $2.2 million that should be distributed to community colleges that hasn?t been. The MCCA has asked the college presidents to send letters to their local legislators and as well to the Governor asking for that parity.

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

Motion carried.

President's REPORT

Informational Items

College Spotlight - Human, Health and Public Service Careers

Dean Roberta Peterson provided a PowerPoint presentation regarding the Human, Health and Public Service Careers (the presentation is on file with the official Board materials.) The presentation included the following highlights: 25.9% enrollment growth between 2001 and 2003; 91% nursing expansion in 2003-04; student learning initiatives; powerful partnerships; and grants.

Dean Peterson introduced Miss Kelly Thelen, a student who recently began the part-time nursing program.

Miss Thelen said becoming a nurse was very important to her because she would be a 4th generation nurse in her family. After being denied admission to the program for two years, she explored other schools, and explored other career options. Miss Thelen learned from an advisor that she was only a few points away from making the program. With the implementation of the part-time nursing program she was able to start this fall. She shared that the program allows students who manage families, jobs, or other obligations to attend nursing school while still being able to carry out these commitments. Miss Thelen said that some students she?s met are taking classes at the College only to fulfill requirements of other nursing programs at other schools that have part-time programs. She felt the College's program may allow them to continue their education at LCC. Miss Thelen stated that the program has given 32 more students the chance to become a nurse.

Dean Peterson read a letter from a student that has gained from the implementation of the mastery learning initiative. She read an excerpt from the letter.

Trustee Pelleran asked if there was an articulation agreement in criminal justice with Lake Superior State University.

Dean Peterson responded, no, but there is an articulation agreement with Ferris State University. However, this doesn?t mean the College will not be pursuing other agreements with Lake Superior State.

Trustee Pelleran asked how the College would conduct the last year of the fire science program.

Dean Peterson responded that students will be taking advance coursework, not all of which is in the HHPS division preparing them to go to the next level. According to the articulation agreement, Lake Superior State will help choose the courses the students will take.

Chairperson Laverty thanked Dean Peterson for the great job she?s doing.

Budget Update

President Cunningham introduced Mr. Bruce Dunn from Maner, Costerisan, and Ellis.

Mr. Dunn presented the year-end financial audit report to the Board (the audit report is on file with the official Board materials.)

President Cunningham thanked Mr. Dunn and the auditing firm for their hard work. She said they worked on the weekends in order to complete the audit. She also thanked Ms. Sue Maloney, Mr. Glenn Cerny and their staff for having assisted in the audit. President Cunningham thanked Mr. Cerny for the successful implementation of the government accounting standards board (GASB), the implementation of Oracle, continuing to capture information from both systems, and also serving in the CIO and CFO capacities and then to receive an outstanding financial audit is remarkable.

President Cunningham shared that there was a revenue generation presentation given to the Board members during dinner as an informational item.

Credit Hours vs. Contact Hours

President Cunningham asked Vice President Gary VanKempen and Mr. Rich Howard to address this agenda item.

Vice President VanKempen stated that the main purpose for the report from the consultant, Mr. Joe Ross, was to review what other community colleges are dealing with regarding charging tuition based on contact hours. Advantages and disadvantages are listed in the report. Dr. VanKempen shared that the advantages include increased revenue and revenue generation that better matches the cost of offering a course. The disadvantages include passing the costs onto students. He shared that financial aid may mitigate some of the extra costs, but certainly does not mitigate the entire increase. Another disadvantage related to financial aid is it is often confused among students about financial aid eligibility. Eligibility is based on credit hours, not contact hours. Dr. VanKempen said this issue is continuously being studied both internally and externally. Two college-wide open forums were held this past month. He said a recommendation will be given to President Cunningham the first part of January 2004.

Mr. Howard added that 14 community colleges in Michigan have switched to charging tuition based on contact hour, and two colleges are considering implementing it. He said they will continue to work with those colleges in terms of what worked well, what issues arose and synthesize the information in order provide a recommendation.

Trustee Pelleran asked Mr. Howard what have the 14 community colleges experienced and how long have they charged tuition based on contact hours.

Mr. Howard responded that one college has charged tuition based on contact hours for 14 years and one college within the last year implemented this form of charging tuition. He said they haven?t had the opportunity to speak to all of the 14 colleges and they may not, but they will be connecting with those colleges similar to Lansing Community College in size and course offerings.

President Cunningham stated that they will continue to study this issue, solicit input and feedback from faculty and staff.

Foundation Update

President Cunningham reported that the Foundation Office is undergoing dynamic changes. Some of those changes will allow the office to continue down the path of excellence. She announced that Ms. Joan Bauer, the Foundation Director, has requested to go to a part-time status and her current role will be restructured to be the Director of Foundation Relations. The Foundation will be reporting to Ms. Ruth Borger in order for them to report to someone on a full-time basis. Ms. Sue Fisher will be the daily operations manager for the Foundation Office. President Cunningham said that both Ms. Borger and Ms. Fisher will continue to do an outstanding job.

The Board took a break at 8:15 p.m.

The Board reconvened at 8:23 p.m.

Action Items

Approval of Minutes - October 20, 2003 Regular Meeting

President Cunningham presented the October 20, 2003 meeting minutes.

There were no changes from the Board.

Vice President for College Advancement

Based on the Foundation update President Cunningham presented the promotion for Ms. Ruth Borger to become Vice President for College Advancement.

Annual Results Inventory Report - Financial Responsibility

President Cunningham introduced Dr. Bill Brown, director of Institutional Assessment for the College, where he is currently in his seventh year. He is recognized for his work in educational research and assessment at both the K-12 and college levels. His experience includes five years as director of the research department at Minneapolis Public Schools, and over twenty years of experience in K-12 education as a teacher, administrator and researcher. He earned his PhD in Educational Research and Measurement at Michigan State University.

Dr. Brown stated that this is the first part of three part report and is a component of the annual results inventory. He acknowledged Ms. Beckie Beard, Ms. Sue Maloney, Mr. Hoa Nguyen, and Mr. Glenn Cerny for their assistance in preparing the report. Dr. Brown presented the annual results inventory report (it is on file with the official Board meeting materials.)

Finance

Year-End Financial Audit Report?

Mr. Bruce Dunn provided this report under the Budget Update agenda item.

Approval of Bids?

President Cunningham asked Ms. Beckie Beard to present the bids to the Board.

Ms. Beard presented the following bids related to the construction of the M-TEC/TTC:

  1. Interior Glass & Glazing in the amount of $217,449. This bid was awarded to Lansing Glass of Lansing, MI.

  2. Capentry/General Trades in the amount of $2,000,000. This bid was awarded to Carrier Construction of Hickory Corner, MI, which is a women owned business enterprise.

  3. Drywall/Acoustic Ceilings in the amount of $1,372,000. This bid was awarded to William Reichenbach of Lansing, MI.

  4. Food Service Equipment in the amount of $201,720. This bid was awarded to Stafford-Smith, Inc., of Mason, MI.

President Cunningham announced that Ms. Linda Peckham received the Crystal Apple Award.

Delhi Township Resolution

President Cunningham distributed the tax sharing agreement between the Delhi Township Downtown Development Authority and Lansing Community College (it is on file with the official Board materials.)

Trustee Pelleran asked if legislation proceeds to amend the Downtown Development Authorities act, what that would do to this agreement.

Mr. Bill Danhof, from Miller, Canfield, Paddock and Stone, responded that the legislation would not effect the agreement. This contract would return monies which had not been previously returned to the College from the Delhi Township DDA. The legislation the College is currently proposing only deals with the Lansing Township DDA.

IT WAS MOVED by Trustee Canady and supported by Trustee Proctor to approve the action items of the President's Report.

Trustee Brannan asked if there was additional information on the Vice President for College of Advancement.

President Cunningham responded that this will be promoting Ms. Ruth Borger to a Vice President position because the Foundation will now be reporting to her.

Trustee Brannan asked if that was a current position.

President Cunningham responded that it wasn't a position rather a change in title.

Trustee Brannan asked for clarification in being able to just create a position like that.

President Cunningham responded that we can promote anyone, but Vice President level positions need to be approved by the Board. She stated Ms. Borger will be receiving additional responsibilities which will be too many to take under her current title.

Trustee Brannan asked if this needs to be posted.

President Cunningham responded no, it is a promotion. The College continues to promote people at the College, but at this level it comes before the Board. She explained that there is no new position money attached to this other than responsibility dollars attached to the position.

Trustee Brannan asked if this promotion would get the College into any trouble.

Trustee Pelleran shared that other community colleges and universities have a position of Vice President of College Advancement that often takes in giving a person a lot more work to do and the payoff is the title. She stated that it appears it is consistent with what President Cunningham is suggesting Ms. Borger take on.

President Cunningham stated that they have shared this with the McCormick Group, who is the consultant for the Foundation, with the Foundation Executive Committee, and Chairperson Laverty. (College attorneys were also present at this Board meeting.)

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

Motion carried.

CLOSED SESSION

IT WAS MOVED by Trustee Canady and supported by Trustee Brannan that the Board go into closed session for the purpose of discussing an attorney client privileged communication.

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

Motion carried.

The Board entered into closed session at 8:56 p.m.

IT WAS MOVED by Trustee Canady and supported by Trustee Proctor that the Board return to open session.

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

Motion carried.

The Board returned to open session at 9:50 p.m.

Roll call:
Present: Brannan, Canady, Laverty, Murray, Pelleran, Proctor, Rasmusson
Absent: None

PUBLIC COMMENT

There were no comments from the public.

Trustee Brannan - I?d like to address President Cunningham. I apologize that your million dollar alternative energy dollar amount was foreshadowed by an unfortunate set of circumstances. And when I received calls from the press and the media I had assumed it was for the good news and it wasn't. I feel I've been more than understanding through this whole process and the series of threats and allegations that have been made by former Trustee Heywood and current Trustee Rasmusson are?I don't even know what to say?personal, politically motivated, who knows. I've maintained my innocence through all this. I've hired legal counsel myself and I don't have any plans to resign. It's everybody?s free will to go talk to whomever they want to, but you do have a letter from my attorney that's addressing the fact that now we're moving beyond the fact of series of allegations to be libelous and slanderous in nature. So, again, I apologize that there was a rain on your parade because of me.

President Cunningham - Well, thank you, it's nice to know that somewhere during the night a million dollar grant was recognized. I thought it was a good coup, but obviously other matters preceded that.

Trustee Pelleran - Trustee Rasmusson, I appreciate the work that you do, but I also want to reiterate that we have a set of bylaws here on this Board, and I saw a news release that you put out that was dated the 17th of this month and that's today. And you put your title as Trustee of Lansing Community College on that. I just want to ask if you had the chairperson?s permission to do that because otherwise I believe you're in violation of the College bylaws and I am wondering about that.

Trustee Rasmusson - I don't have to answer anything from you, thank you.

Trustee Pelleran - Well, I would like to ask the Chairperson then to question the issue of violation of bylaws due to Trustee Rasmusson?

Trustee Rasmusson - You don't want me as an enemy, I can assure you.

Trustee Pelleran - Well, you know, I don't want to be enemies with you either. Now what you continue to do is when you have an issue, Tom, you don't, I believe, have consideration sometimes for Lansing Community College. And I've always felt for the most part?

Trustee Rasmusson - That is so strange coming from your lips. You have been the single most disruptive factor on this Board in the years you have been on this Board.

Trustee Pelleran - I would disagree with you.

Trustee Rasmusson - I'm sure you would.

Trustee Pelleran - I would disrupt that.

Chairperson Laverty - Trustee Rasmusson, I have an email here apparently from the State Journal to Brian Jackson that's also what Trustee Pelleran alluded to. It talks about?it sounds like it is a news release from you and it talks that this would be distributed?media statements can be obtained during or after the meeting. Did you distribute something to the media?

Trustee Rasmusson - Nothing, nothing. I never saw that release. I told Todd that I was going to contact the US Attorney and the FBI today. It's been two months and he apparently?or someone did that on their own. Heywood is the only one I told.

Chairperson Laverty - Trustee Rasmusson, it would have been easy for Trustee Heywood or this anonymous person to have just gone to the prosecuting attorney or to any law enforcement agency way back on September 15. We have continued to pursue getting the answers to the questions or the allegations that were presented?

Trustee Rasmusson - Why have we not for two months seen any of those four documents - a permit from the State to use the term ?university?, a license from NEA, a joint venture, a disclosure of conflict of interest when he made the recommendation? We haven?t seen any of those four things.

Chairperson Laverty - Trustee Rasmusson?

Trustee Rasmusson - And maybe there's nothing to these allegations, but it was my duty to report this to the US Attorney. I don't care to have you question my duties as a citizen.

Chairperson Laverty - Trustee Rasmusson, as I said, you could have?

Trustee Rasmusson - I don't need to have you question my conduct as a citizen. I did my duty as a citizen.

Chairperson Laverty - But how do you know?you're not a prosecuting attorney anymore. We turned this over to Miller Canfield and also additional people within their firm and it's being investigated. Mr. Brannan does not have to turn anything over to you. He would turn it over to these people here.

Trustee Rasmusson - And I hope he has.

Chairperson Laverty - I don't know. I don't know if he has or not. They haven?t given me the final information. They?ve told me that hopefully this would be ready to be reported out at an open meeting on December 8. But there's been allegations that every one of them has been pursued. We took the anonymous stuff, we took the Heywood stuff. It was all turned over to them. President Cunningham also did her own?is working internally - we're working externally. Every time you?ve given me any kind of document, I've taken that and immediately gotten that to Miller Canfield. If there was anything that needed to be investigated or anything that you were pointing out further?I'm not an attorney?I've certainly provided everything to them. And for this thing to blow up tonight and hit the newspapers with all of the positive and great things that are going on at the community college I think is very unfortunate.

Trustee Rasmusson - You met with me last week and you told me nothing about December 8. I had indications from another source that nothing was going to be done on that end and I thought the time has come. I am remised already under the misprision statute. I'm going to do my duty.

Chairperson Laverty - At that time I thought we would have final results tonight. However, Saul Green, who's working on this, was out of state, and that's part of the reason as it was explained to me why we weren?t getting our final report with where we are with this tonight. When you and I talked I still thought we would have it tonight. But I've since been told that it would probably be at the December 8th meeting. Mr. Danhof, is that accurate?

Mr. Bill Danhof - that's correct. we're finalizing.

Trustee Rasmusson - Well, you should have told me.

Chairperson Laverty - Well, Mr. Rasmusson, Trustee Rasmusson, you should have told me about this. I didn?t know this?

Trustee Rasmusson - I don't know what you're holding up.

Trustee Pelleran - Rondy, could you give him a copy of the single page that has Brian Jackson?s name at the top.

Chairperson Laverty - This is your press release.

Trustee Rasmusson - that's not my press release.

Trustee Pelleran - Tom?can I ask the question, Mr. Chairman? Tom, I apologize, this is what I saw. I didn?t mean to wrongly accuse you of sending out a press release, but this original message on here has to all these people in the news media and it has from Trustee Rasmusson at aol.com.

Trustee Rasmusson - My address is Rasmusson law.

Trustee Pelleran - Who sent this then? Did Todd Heywood send this?

Trustee Rasmusson - I would assume he did.

Trustee Laverty - He, is Heywood?

Trustee Pelleran - Can I publicly apologize to you for wrongly accusing you for sending this out then? Because it does say from Trustee Rasmusson at aol.com.

Trustee Rasmusson - I haven?t read it carefully, but it doesn?t seem to say anything inaccurate of what I was doing today.

Trustee Pelleran - But is it not from you?

Trustee Rasmusson - It's not from me.

Trustee Pelleran - Who is?it says from Trustee Rasmusson at aol.com on the original message.

Trustee Rasmusson - It's not my?

Chairperson Laverty - You know, I'm probably an idealist and I'm probably na?e, but I always thought and I was raised to think that a person was innocent until proven guilty. And throughout this I see alleged, may have, possible evidence, different things like that. I don't know?I have not seen anything to show that Trustee Brannan is guilty of anything not to mention the employee of the College here, Barry Stearns. Nothing has been revealed to us from the investigation at this point in time. And yet you repeatedly are asking for his resignation. I don't understand it. I told you early on that I thought that was unfair and premature. Let?s get the results of the investigation.

Trustee Rasmusson - If you read my words I was saying that if he doesn?t have this evidence he ought to resign. If he has the evidence, he ought to show us and we can forget the whole thing.

Chairperson Laverty - I don't know?

Trustee Rasmusson - I am hopeful that there isn?t anything, but I?d like to do my duty.

Chairperson Laverty - Trustee Brannan has not told me what he has provided to the attorneys.

Trustee Rasmusson - What have you provided?

Trustee Brannan - Actually what's been provided to the attorneys has been that whole packet that was obtained outside of FOIA containing my personal information which I didn?t make a big stink of yet. But I'm still reserving the right to do that. There is a letter in there of support from the National Education Association that names Mr. Stearns and I as contributors or partners in doing this. We did that and brought the deal back to President Cunningham.

Trustee Rasmusson - I read that letter carefully it doesn?t?there's no license to use the name at all.

Chairperson Laverty - But that's up to the attorneys to tell us what's right and what's wrong. If there's been criminal intent or (inaudible).

Trustee Brannan - Ultimately, Chairperson Laverty and again President Cunningham, if you guys feel I need to resign, I?d be more than happy to, it doesn?t bother me. But I'm going to have to have you guys ask me for that because myself and Mr. Stearns didn?t do anything wrong. I'm also?this doesn?t bother me the fact that it's going to the US Attorney. My problem again, is the fact that, we're paying these gentlemen to investigate something else that again is?

Trustee Rasmusson - Besides that packet did you supply anything else to legal counsel?

Trustee Brannan - I have called them and haven?t received a call back with regard to any documentation. I have not talked to anybody. I mean that's the other interesting?

Trustee Rasmusson - There would be four things that would be helpful?

Trustee Brannan - Right, but you know what Trustee Rasmusson, you could have sat down and said, Tim will you come over to my office and let?s talk about it and go through it. You have not once asked me anything and that disturbs me. This disturbs me. This is not how you do business. And to sit here and come up with these allegations you must have a lot of time on your hands to do this. And I'm not an attorney let me tell you, but to sit here?and you could have called me and said, Tim, let?s talk about this, there are some gray areas. The other day I got a document from Chairperson Laverty that you said that the confidential agreement severance package which again obtained outside of FOIA is illegal. I don't even make that document. So, it seems to me you keep going on and on and on for no reason. Pick up the phone and call. Mr. Stearns and I can come down to your office anytime.

Trustee Rasmusson - Whatever agreement you have with LCC cannot prevent a prosecution. However, it's not to bring a prosecution against public policy.

Trustee Brannan - Again, I'm not an attorney, but I've had to hire one out of my own pocket, so I appreciate that. Mr. Stearns, this is public comment I?d like to get your input on some of this too, if you're so inclined. But you don't have to because it doesn?t bother me either way.

Chairperson Laverty - It seems like there's elements within the community that want to continually tear this Board apart, keep us in turmoil, make us spend all kinds of money on investigations and on legal fees, and litigation and at the same time, we have so many positive, good things going on at this college. This is not the way to go about. This is not the way a Board ought to be acting and sure as hell isn?t the way you run a college. We ought to be looking at the vision of the future. We ought to be looking at the students. I've watched this go on for a long time with this Board before I came on and by God, here we go again. I don't understand it. This ought to be fun. It ought to be fun for her (President Cunningham) to come into work everyday. You should have seen her when I went over to her office today a little before 5 o?clock based on this stuff that was coming down again. I can't believe she still works here. I can't believe she doesn?t just walk out the door. Continuous turmoil. that's what we're going through here.

Trustee Rasmusson - Let me tell you, five times during the years that I was assistant prosecutor I encountered a police officer that had lied, who fabricated evidence, and I said to myself, Lord, why me? But I did my duty, I told the judge, disposed of the case, I sought disciplinary action against the officer. Nobody else during those years did anything like that at the Prosecutors Office. Was I the only one with bad luck? I don't know, but when I saw this I said to myself after two months, Lord, why me? I felt that it was my duty to do something at this point because nothing was being done.

Chairperson Laverty - I feel as chair that the information and documentation, allegations, whatever you want to call it, have been given to me and I've followed through with that. Not everyone?s agreed with what I've done or how exactly we went about it, whether it was internal or external, but if there's something here, then I recognize as a public body we have to go out and investigate it. We have to go and spend a lot of money and spend a lot of time and take our focus off the real work to run the college? (tape ended)

Trustee Rasmusson - (beginning of tape)?still hasn?t done it.

Chairperson Laverty - that's Miller Canfield?s job as far as I'm concerned.

Trustee Rasmusson - You haven?t read the Misprison statute.

Chairperson Laverty - Yes, I read it. I read what you sent to me.

Trustee Pelleran - Again, Tom, I apologize to you publicly. I thought this news release came from you since it had from Trustee Rasmusson at aol.com. But you're telling me that's actually Todd Heywood?

Trustee Rasmusson - I assume it is - it's not me.

Trustee Pelleran - He misuses your name, he puts you down as the contact - Lansing Community College Trustee, Thomas Rasmusson, and puts your phone number on as the contact person.

Trustee Rasmusson - I don't feel bad about that because I haven?t read it carefully, but apparently it says the truth.

Chairperson Laverty - I suggest you read it carefully.

Trustee Pelleran - You know this is what enflames, enflames a lot of folks. And I'm just sorry that someone else is misusing your good name and I agree with what others have said. Today when we should have been rejoicing at the fact that there was a $1 million grant to this college, we have to be dragged down by someone behind the scenes who's misusing your name and pulling strings and causing havoc here at the College and in the community. And I apologize that somebody is?

Trustee Rasmusson - (inaudible)?misusing my name. As far as I know, and I don't have time to read this at this moment, but I assume that this is telling exactly what happened today.

Trustee Pelleran - And where did he get his information?

Trustee Rasmusson - I told him I was going to do that today. I waited two months and that was enough.

Trustee Pelleran - And why would some individual misuse your name and make it appear as if though the document came directly from you?

Chairperson Laverty - You think that's o.k.?

Trustee Rasmusson - It doesn?t offend me.

Chairperson Laverty - Sure would me.

Trustee Pelleran - It offends me on your behalf and on behalf of this entire college.

Trustee Rasmusson - Well, that's sweet.

Trustee Murray - I have a general comment and something I?d like to follow up with Mr. Brannan - something that Trustee Brannan said. Your point that you regret that Trustee Rasmusson didn?t simply pick up the phone and give you a call and ask you that question. I guess I'm wondering?I was hopeful that was how we were going to operate as a Board. And I think that really disturbs me. I would certainly hope that if someone has a question about something that I?d done or question about something that I may or may not have done, that someone would at least give me the benefit of the doubt that I would be considered innocent until proven guilty. And that as colleagues at the very least somebody could pick up the phone and ask the question. If subsequently, the information I provide is inaccurate or you still think something is wrong with it, but I guess I don't understand an unwillingness to talk to each other about it.

Trustee Rasmusson - I think you make a good point. It's been two months why don't you just send me the information.

Trustee Murray - But that's not my point, Trustee Rasmusson. My point was why didn?t you call Trustee Brannan in the first place?

Trustee Rasmusson - Or he should send each of us that information I would think.

Trustee Murray - Please don't misunderstand my point. My point is you had a question, you, I believe, have an obligation as a colleague to initiate the phone call.

Trustee Rasmusson - Let me tell you something you don't know. I called his office over the weekend and said, I'm going to contact the US Attorney on Monday, please call me?let me know.

Trustee Brannan - Which office?

Trustee Rasmusson - It was the number that we have through the college, the little sheet of paper, it was your office number at CMU.

Trustee Murray - Could I please then just follow up and say that's three months down the road?.

(several Trustees talking at once)

Chairperson Laverty - Trustee Proctor.

Trustee Rasmusson - ?and I did call your home number and your office number.

Trustee Brannan - But you didn?t leave me a message though. Plus this was sent out on Saturday anyway, so I guess it wouldn?t have mattered.

Chairperson Laverty - Trustee Proctor.

Trustee Proctor - Mr. Chair, I'm not convinced we're getting any further. A half hour of this (inaudible) I suggested when this matter first arose back on September 15 the person who brought before us some set of allegations should have been directed to either the prosecutor or the US Attorney. It appears that action has been taken by Trustee Rasmusson forwarding some material to the FBI perhaps there will be that investigation. We probably engaged the attorneys on our behalf to do something that may not be worth much in as much as now, an official body will be looking into this perhaps. I?d like to see an end to our evening and I'm not sure that anything else of a positive nature is going to come of any further dialogue.

Trustee Canady - The question that comes to my mind is that this matter has in fact been referred to prosecuting attorneys. Aren?t we done with it?

Trustee Pelleran - We should be and uh?

Trustee Canady - I mean why aren?t we?

(several Trustees speaking at once.)

Trustee Canady - ?I don't see a reason for us to pay attorneys to look into this thing. We have public servants that are doing that now.

Chairperson Laverty - Obviously that is what we should have allowed to happen on September 15.

Trustee Canady - It's happened now, certainly pay them for what they?ve done at this point, but I don't see any point to duplicate efforts.

(several trustees speaking at once.)

Trustee Canady - I guess I?d like to make that a motion.

Trustee Pelleran - I?d like to second that motion.

Trustee Canady - I would move to ask Miller Canfield to discontinue their working investigation with respect to Mr. Brannan.

Trustee Pelleran - I would second that motion.

Trustee Canady - First I move to suspend our rules to allow us to vote on this issue.

Trustee Pelleran - I would second that motion.

IT WAS MOVED by Trustee Canady and supported by Trustee Pelleran to suspend the Board bylaws.

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

Trustee Rasmusson abstained from voting.

Motion carried.

IT WAS MOVED by Trustee Canady and supported by Trustee Pelleran to instruct Miller Canfield to discontinue with its investigation of the allegations raised and rely upon the US Attorney.

Trustee Brannan - Can I do a friendly amendment to Mr. Canady?s comments that the initial investigation documents that Miller Canfield provided the attorney client privilege be removed so I can use those?

Trustee Canady - I'll accept that as a friendly amendment.

Trustee Brannan - Is that o.k.?

Mr. Bill Danhof - It's your privilege.

Trustee Rasmusson - What attorney client privilege?

Trustee Brannan - The two letters that we've already received from Miller Canfield saying that they didn?t see a problem with the documentation that was provided.

Trustee Canady - I'll accept that as a friendly amendment.

Trustee Brannan - Thank you.

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

Motion carried.

Barry Stearns - Hi, I'm Barry Stearns, faculty member at Lansing Community College. I have two issues, first is the one you just dealt with. In January of 2002 I met with President Cunningham to discuss an idea as that turned out, Dr. Brannan and I were assigned to do an investigation on the potential for developing some programs here for the College. We did that and we reported that back to the President. I think it was a pretty straight forward operation. I would ask that the President's Office notify these news media people tomorrow morning and inform them that Trustee Rasmusson did not send this memo. Now if you choose to send one to them that is certainly your prerogative that this memo did not come from Trustee Rasmusson and to send that on behalf of the College. The second thing I would like to discuss is while I was waiting out there Sally Pierce called me that she was on her way home. She just heard from a faculty member who has found out that his position has been eliminated and that came as a total surprise to the faculty association. I think that's a very inappropriate way to do business if there's a termination of jobs here, we certainly should be involved and be notified in advance of those things happening.

President Cunningham - It would be nice if I were notified too. I have no idea what you're talking about. This isn?t necessarily the place you want to bring that, so let me know.

Barry Stearns - I?d be glad to share that with you.

Trustee Pelleran - I have one last thing. Thank you for mentioning Sally Pierce. I recall the early comments about 6 o?clock today, four hours ago, and Sally had approached the Board with an issue of Mitzi Carol once again. I guess I have some concerns that one of the things that she said that there was an arbitration award, that it seems that she demonstrated a load for Mitzi Carol, she?s demonstrated five loads for Mitzi Carol here. And that when she talked to the Dean that they were paying a stipend to someone else who is not a faculty member - a faculty union person, and said that is what they had did in the past and this is a quote from when Sally was speaking. Even though it opposes the contract. Madame President, I?d like to see this looked into at this point and I?d like to have a Board discussion on it because I think that there are some questions if there was an arbitration award and maybe we don't have that information. Perhaps we could have a presentation with HR.

President Cunningham - The Board can get any information that it wants obviously. But when these issues surface before the Board you really do circumvent the entire process by coming directly to the Board. When you heard this the first time, I heard it for the first time. I've not had a chance to look into it, not had a chance to go through any kind of procedure. I would just encourage the Board, to please not take these issues on as a Board individually, but let us do that. If there's not satisfaction reached then by that time, there's an appeal process (inaudible). If there's some dissatisfaction with what we are doing in terms of that process, then at that point in time it's appropriate for the Board to intervene, if they want. Please, on a case by case basis please do not start doing this particularly based on public comment when things surfaced for the first time. I met with Sally Pierce for an hour and a half today and the other union presidents and never heard about this case, so give us a chance to do our job that we're hired to do and then come to the Board.

Trustee Pelleran - And I would be happy to do that. I think this issue?s been before the Board.

President Cunningham - It has. When we've gone into closed session and our attorneys have talked about the Mitzi Carol case at length and answered and entertained any questions. The issue of the stipend, I don't know what she?s talking specifically about. I heard it for the first time when you heard it tonight. So, to ask for a full presentation on that to the Board is just going to set us up for every single situation that comes before this Board to be handled that way. And I don't think the Board wants to go down that road.

Trustee Canady - I don't want to go down that road.

Trustee Pelleran - I think that there were some issues that were presented?

President Cunningham - and I? (inaudible)

Trustee Pelleran - Thank you, thank you for doing that.

ADJOURNMENT

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

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

Motion carried.

The meeting adjourned at 10:20 p.m.


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