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Adopted Minutes
March 4, 2003
Special Meeting

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.

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