Adopted Meeting Minutes
March 15, 2004
was called to order at 6:04 p.m.
Brannan, Laverty, Murray, Pelleran, Proctor, Rasmusson
ADDITIONS/DELETIONS TO THE AGENDA
Brannan requested to postpone voting on the Audit Committee rules
until additional information is received regarding rules that other
discussion regarding Trustee Brannan?s request.
agreed to postpone approving the rules, but left the item on the
agenda for discussion.
PUBLIC COMMENT REGARDING AGENDA ITEMS
Gene Hayhoe -
My name is Gene Hayhoe, a faculty member here for decades.It seems
kind of odd bringing up information about the separation of church
and state to a board which has several lawyers on its board, but
given the College's practices it's clearly necessary. I'm going to
start with the February 26, 2004 edition of the Wall Street
Journal with some quotes from Chief Justice William Rehnquist
writing for the majority said that ?training someone to lead a
congregation is an essentially religious endeavor in determining
that it was not proper for the state (inaudible.) The state of
Washington was proper in not funding the studying of Theology under
state sponsored scholarships.? Now I'll read to you from a LCC
document called the Curriculum Tracking Proposal, which is where the
church music program?this is from the proposed course description.
Techniques and skills for the practice of sacred music including
principles of conducting effective organization and administration
of quality programs, appraisal of pertinent resources, planning
worship services, and fundamentals of recruiting, marketing and
budgeting. Repertoires and training methods for various vocal
instrumental ensembles and soloist cantors will also be addressed.
One of two?and there's a brief rationale for creating this
course?one of two proposed courses to be required of students
enrolling in either of the proposed associates of applied arts or
certificate of achievement programs. Many LCC faculty, students,
and practicing musicians in local churches and religious
organizations have expressed both a desire and need for training in
these areas. Currently there is no similar program that addresses
these needs in the greater Lansing area. The skills to be taught in
this class are appropriate and applicable for practitioners
regardless of a religious affiliation. That is if you're Christian,
if you look at the syllabus. Evidence of current projected need for
the curriculum: currently religious denominations across the country
are lamenting the increasing difficulty in obtaining qualified
musicians to lead their worship services. Professional
organizations including the American Guild of Organists and the
National Association of Pastoral Musicians have voiced concerns
about the lack of properly trained musicians and have (inaudible)
who will provide music for worship in the 21st century.
Presently many religious institutions are relying upon willing but
untrained volunteers to step into the breach. Because of the lack
of training available not only the local institutions suffer
musically, but musicians in the mid-Michigan area who are interested
in the field of sacred music have fewer programs to turn to for a
solid basic education in sacred music. If you cannot tell that
clearly that is outside of the bounds of the U.S. law?I mean clearly
it's calling for training in one religion and it's calling for
people to be trained in things that clearly lead to the practicing
of religious beliefs. I request that you adopt a resolution
regarding the separation of church and state at Lansing Community
College. Lansing Community College is a secular tax paying?
Laverty - Mr. Hayhoe, your time is up. Please wrap it up.
Mr. Hayhoe -
This is the last paragraph?it is not Lansing Christian College. It
is inappropriate for religious college content to be given a higher
priority than secular curriculum. It is inappropriate for one
religion or group of related religions to be given a preferential
treatment for resources, curriculum fragments, or other priorities.
It is also inappropriate for faculty or administrators to apply
their own personal religious agenda in matters of curriculum,
personnel, or any other college business in a manner which is
prejudicial to or unfair to those who do not share those belief
systems. In all cases the (inaudible) facts shall take precedence
over belief. Thank you.
Kathy Kuhn - My name is Kathy Kuhn and I am the treasurer of the student organization called People for Positive
Social Change and I'm here?we have drafted a resolution against the patriot act that we're hoping to get passed to
the Board of Trustees. I realize that you do have a lot on your agenda, but I do want to?I have some copies here and I?d like to read through it briefly. It was drafted by our organization. And it states, USA Patriot Act Resolution drafted and sponsored by LCC's People for Positive Social Change. ?WHEREAS, Lansing Community College greatly benefits from the many contributions of its highly diverse population which includes people from around the world, and these people are vital to our College's unique character, that academia can only prosper in an open environment wherein every person is
treated fairly and justly andWHEREAS,
Lansing Community College recognizes its unique position in
maintaining positive relationships with other nations through international educational efforts and exchange programs, and that free inquiry and free discussion, unhampered by censorship, violation of privacy or government intrusion, are the cornerstones of any institution of higher learning, andWHEREAS, the United States Constitution guarantees certain fundamental rights including:
freedom of religion, speech, association, assembly, and privacy; protection from unreasonable searches and seizures; due process and equal protection for any person; equality before the law and the presumption of innocence; access to council and judicial proceedings and a fair and speedy public trial; and WHEREAS, examples of the provisions in the USA Patriot Act (Public Law 107-56) and related Executive Orders that may undermine the constitution and the rights and civil liberties of the L.C.C. community include:Expanding significantly the government's ability to access sensitive medical, mental
health, financial and educational records about individuals; lowering the burden of proof required to conduct secret searches and telephone surveillance;provide for law enforcement agents to engage in electronic surveillance and data collection for
library users who are not suspected of any crime, and whose use of computers to browse the internet, access email, or research online information may be under government surveillance without their knowledge or consent; giving the Attorney
General and the Secretary of State the power to designate domestic groups including student and faculty organizations as ?terrorist organizations? and permitting the FBI to conduct secret surveillance without having any evidence that a crime has been or may be
committed;Authorizing the indefinite incarceration of non-citizens based on mere suspicion, and the indefinite
incarceration of citizens designated by the president of the United States of America as ?enemy combatants?, without access to
council or meaningful recourse to the federal courts; Limiting disclosure to public documents and records as guaranteed under
the Freedom of Information Act;WHEREAS, the states of Alaska and Hawaii and more than 200 cities, universities, and
communities throughout the country including Meridian township, Lansing City Council, Ingham County Board of Commissioners,
Ann Arbor, Detroit and Grand Rapids have enacted resolutions reaffirming support for civil rights and civil liberties in the face of
government policies that seriously threaten these values, and are demanding accountability from federal agencies regarding the
use of these new powers. NOW, THEREFORE BE IT RESOLVED that Lansing Community College affirms its commitment to completely
avoid discrimination in all functions of the college and recognizes that an infringement of the constitutionally guaranteed rights of any
person, is an abuse of power, a breach of
the public trust, a misappropriation of resources, and a violation
of the inalienable rights and fundamental liberties granted under the United States and Michigan Constitutions; and BE IT FURTHER RESOLVED that the L.C.C.
Board of Trustees respectfully request that the L.C.C. Library to post in a notice as follows: ?WARNING: Under Section 215 of the
federal USA PATRIOT Act (Public Law 107-56), records of books and other materials you borrow from this library may be obtained
by federal agents. This law also prohibits librarians from informing you if records about you have been obtained by federal agents.?
BE IT FURTHER RESOLVED that the campus administration urges the L.C.C. Police Department and all other applicable departments,
except when required by law, to refrain from: a.utilizing race, religion, ethnicityor national origin as a factor in selecting which
individuals to subject to investigative activities except when seeking to apprehend a specific subject whose (inaudible) factors must
be stated. b.any practice of stopping drivers or pedestrians for the purpose of scrutinizing their identification documents without particularized suspicion??
Chairperson Laverty - You are
going to have to wrap it up.
Ms. Kuhn - O.k.
Chairperson Laverty - Can you give
us copies of that?
Ms. Kuhn - I will give you copies
of that and sorry for the?thank you. (Copies of the resolution were
distributed to the Board and are on file with the official Board
Paul Covert -
My name is Paul Covert. I'm president of Smart Office Systems and
we're here tonight to thank President Cunningham, Beckie Beard, and
Barbara Larson for opening up the office furniture bid. I thought
the process was thorough and fair. I thought LCC took all the time
necessary to bring us to the process. So, really I just wanted to
stop down tonight and say thank you. I realize the recommendation
tonight is to do business with Smart Office Systems and I just want
to assure you that we look forward to serving you. I think you?ll
find our product to meet or exceed any specifications of the product
you currently have here which is the Hermann Miller product. Our
product is (inaudible) lifetime warranty. We are located right here
in Lansing and it should be noted that about 57 of our employees are
graduates or attended class at LCC. One hundred of our employees
live right here in the taxing district. And on behalf of them we
just wanted to stop down tonight and say thank you. We look forward
to doing business with you and hopefully exceeding your
CHAIRPERSON AND BOARD MEMBER REPORTS
Bylaw 1.7.7, Conflict of Interest
Laverty presented the following suggested changes to bylaw 1.7.7
Conflict of interest. (Changes are in italics)
1.7.7 Conflict of
A. Defined; Obligations in event
of conflict of interest:
As required by state law, if a Board member?s outside activity
(employment, participation or involvement in another business,
corporation, institution or other entity) constitutes a conflict of
interest, then the Board member will (a) disclose to the Board such
conflict or the potential conflict; (b) absent herself/himself from
discussion regarding any issue which involves his role as a Board
member and his outside activity, and (c) refrain from voting on any
Conflict of interest includes,
without limitation, (1) serving simultaneously as a member of a
community college board and as an officer or director of a
corporation doing business with the college, or (2) having a
financial interest in a corporation doing business with the College,
or (3) having the potential in similar ways to have a direct
personal benefit from a Board action, or (4) participation or
involvement in any outside activity (as defined above) which would
create the appearance of divided loyalties and advancing
self-interest if the Board member were to engage in deliberations or
votes concerning matters of interest to both the College and the
outside activity or (5) any conference or discussion with any person
which would create a risk of disclosing confidential or proprietary
information of the College particularly when such discussions could
implicate and further exacerbate conflicts as defined in (4) above.
Members shall immediately disclose to the Board any conflict of
interest or potential conflict of interest that arises, and shall
also disclose in writing at the regular September Board meeting each
year any existing or potential conflict of interest. Each Board
member shall receive a disclosure form in advance of the September
Board meeting upon which disclosures shall be made.
Solicitation: No Board member shall directly or indirectly
solicit any contract between the College and:
1. The member;
2. Any firm (meaning a
co-partnership or other incorporated association) of which she/he is
a partner, member or employee;
3. Any private corporation
in which she/he is a stockholder owning more than one percent (1%)
of the total outstanding stock of any class where such stock is not
listed on a stock exchange, or stock with a present market value in
excess of $25,000.00 where such stock is listed on a stock exchange
or of which he/she is a director, officer or employee; and
4. Any trust of which the
Board member is a beneficiary or trustee.
Except in circumstances where the Board is selecting a consultant
for its own purposes, Board members shall not normally communicate
with vendors regarding the provision of products and services to the
College, and shall refer any inquiries to the President. Board
members shall avoid involvement in vendor-College relationship; any
advocacy of individual vendors shall be regarded as a substantial
conflict of interest.
IT WAS MOVED
by Trustee Rasmusson and supported by Trustee Proctor to approve the
changes to bylaw 1.7.7 Conflict of Interest.
There was no
discussion from the Board regarding this motion.
Ayes: Brannan, Laverty, Murray, Pelleran, Proctor, Rasmusson
IT WAS MOVED
by Trustee Pelleran and supported by Trustee Brannan to delete
section D, Vendors, of bylaw 1.7.7 Conflict of Interest for the
reason of not being germane to the definition of conflict of
interest as stated in section A and not being germane to the bylaw.
Rasmusson felt that Trustee Pelleran expressed a valid point, but
did not agree in deleting the section, but rather moving it. He
asked her where this section should be moved to.
Pelleran responded that she felt it should be moved to the
purchasing policies, practices and procedures, however, did not know
what section to move it to at this point.
Laverty stated that he could not support removing, omitting, or
deleting section D from the bylaw at this time. However, he would
be willing to review this at a future meeting and have additional
Ayes: Brannan, Murray, Pelleran
Nays: Laverty, Proctor, Rasmusson
due to a split vote.
discussion regarding Mr. Tim Zeller?s added responsibilities of
being the College's internal legal counsel and if this would change
bidding out legal services.
Cunningham shared that Mr. Zeller would only be dealing with
day-to-day legal operations but not with items such as bonds, the
millage, or the downtown development authorities. She stated that
this new arrangement may help in reducing legal costs for the
College. However, direction is still needed from the Board on what
they would like to do regarding representation.
discussion and some Board members felt that it would be appropriate
having a list of approved legal firms and their expertise. The
Board decided to table this agenda item until September and this
will give an opportunity to see how the internal legal house
arrangement worked, if legal costs are decreasing, and if it is
necessary to bid out legal services.
Pelleran requested that in the interim it would be prudent to look
at what other Colleges are doing regarding legal services.
Cunningham responded that staff has already contacted the community
colleges regarding which institutions have an internal legal
counsel. She said we can contact the colleges again, but it would
be helpful to know upfront what additional questions the Board may
Laverty reported that last week President Cunningham, Mr. Rich
Howard, and he interviewed three candidates to facilitate a Board
development session. They will be interviewing a few additional
candidates prior to forwarding them to the Board. Chairperson
Laverty stated that the session is tentatively planned for a Friday
afternoon, evening and a Saturday morning. He said it is essential
that everyone attend. Prior to the session all Board members will
be asked to forward their concerns and issues and the information
collected will be used at the session.
Cunningham expressed her appreciation for the time that Chairperson
Laverty has taken to interview the candidates and she looks forward
to the input from the Board.
Laverty reported that he and Mr. Howard attended a meeting on March
9 where several consultants were brought in to study the economic
impact of the developments in Lansing Township. He stated that
having attended the meeting and read the material, he has not
changed his mind regarding the direction the Board has taken.
Cunningham stated that legislation will be introduced tomorrow on
the House floor to try to make the 1983 downtown development
authority null and void.
Laverty said the advantage of having hired Miller Canfield to
represent the College on this matter is that they have been involved
in setting up downtown development authorities (DDA) across the state
and are knowledgeable of the statutes related to DDA?s. He said they
have done a great job with this matter.
Laverty reported that at the last meeting there were concerns
regarding the Michigan State University Medical School moving to Grand
Rapids. The Team is in the process of setting up a blue ribbon
committee to retain the medical school in the Lansing area.
Laverty also reported on the following items:
? Luncheon on March 3 in
conjunction with Michigan State Medical State Society with the
Michigan surgeon general, Dr. Kimberlydawn Wisdom which was a great
opportunity to strengthen relationships with the medical community.
He stated that Ms. Ruth Borger did a wonderful job.
? His attendance at the
?You Can?t Take It With You? performance and encouraged others to
attend future performing arts events.
Laverty distributed the following information for the Board's perusal:
? An agenda for the
March 25 Grow Michigan Initiatives event which is being co-sponsored
by the Michigan Community College Association.
? A letter that was sent
to Governor Granholm regarding the Board's pledge to keep tuition at
or below the consumer price index level.
? He distributed a legal
opinion from Miller Canfield regarding the College's next election due
to the State?s endeavor to consolidate elections. A resolution about
when the next election would be will need to be passed in the fall.
Thomas Rasmusson - Audit Committee Rules
Rasmusson stated that the Audit Committee is already meeting and
functioning. The rules are not critical to its functioning, but serve
the purpose of having the Board meet its obligations in conducting
audits. And there is no hurry to approve the rules and it is a good
suggestion to review rules from larger trade organizations.
said not being familiar with governmental and higher education
institution audit committee rules he would like to see what other
organizations have established. And then compare them to the ones
that have been provided in the Board packet to ensure everything is
Pelleran would like to see what the national community college
associations may have to offer, which may help focus on the purpose of
an audit committee.
Laverty distributed suggested changes to rules #5 and #7, and
suggested deleting #12. He reviewed those changes with the Board
(they are on file with the official Board materials.)
Pelleran recommended that minutes be taken since this is the only
standing committee of the Board.
Laverty thought that would be a good idea. He saw no problem in
having the Secretary there or having someone responsible for taking
minutes. Chairperson Laverty asked that any feedback be forwarded
prior to the next meeting.
asked what the purpose of #12 is if we're not dealing with an Enron
situation. Each Trustee stands for election and that constitutes an
evaluation by the community as to whether or not the Trustees are
effectively serving their constituents. He asked what is to be
accomplished with that rule.
Rasmusson responded the value would come from if the Board's job is
questioned with respect to audits and finance; the courts would look
at what the Board was supposed to be doing. If there is something in
place that meets the federal standard, then the Board could not be
criticized. This may also help individual Board members. He would
accept changing the rule to read, ?the Audit Committee may assist the
Board in evaluation.?
Laverty stated that he would not be opposed to the Audit Committee
assisting the Board with that process.
Pelleran - Foundation Board of Directors & Leslie Local Finance
Pelleran stated that the Foundation will be meeting on Thursday, March
? The Foundation is
continuing solicitations and donor cultivation and are ready for the
capital campaign for the health careers facility.
? A trip to Doral,
Florida was held recently and those that participated paid their own
? The Alaska trip has
been cancelled due to low interest.
? The scholarship
breakfast is May 12.
? She highlighted the
donor envelopes that were available.
In regards to
the Leslie Local Finance Development Authority, Mr. Warren Cook has
been selected as the part-time economic development specialist. She
announced that the City of Leslie is looking at its available property
and other ways people might be interested in purchasing property in
Leslie such as for a Truck Driver Training Program. Trustee Pelleran
stated that she has given Mr. Cook Dean Darr?s name to contact
regarding the Truck Driving Training Program. She also informed the
group that the College is involved with the Hope Scholarship program
and Leslie is at the fringe end of our district and many residents
attend Jackson Community College.
the ?You Can?t Take It With You? performance. She asked Dean Gary
Knippenberg to extend her compliments. The set design, music, and
performance were fabulous.
Pelleran reported that she spoke with Mr. Tom Bernthal from the
Michigan Community College Association (MCCA) regarding the issue of
the Board's participation on the Mackinac Island trip. Mr. Bernthal
informed her that it was a fluke that the speakers were lined up at
the last minute because MCCA was waiting on the keynote speaker and
that held them up. He told her that the next summer workshop in
Traverse City will be meaningful and will preserve the integrity of
the colleges? tight budgets.
Laverty asked the Trustees planning to attend the MCCA workshop to
please contact the Board office to make arrangements.
Robert Proctor - Workforce Development Board
asked that Chairperson Laverty give the report as he was unable to
attend the meeting.
Laverty reported that there is great concern with the loss of
manufacturing jobs in the tri-county area. Last week General Motors
broke ground on the new assembly plant in Delta Township. There were
concerns regarding the possible loss of the MSU medical school and the
jobs that it could take with it. He reported that the Work First
centers are in jeopardy of losing funding, closing, or having layoffs
due to budget reductions.
Spotlight - Curriculum Validation
Cunningham announced that Trustee Canady?s father is doing much better
and he (Trustee Canady) will be back soon. She thanked Mr. Dan
McCormick for his outstanding job with the cultivation in Doral,
Florida. All participants said they would return next year.
President Cunningham introduced Miss Stephanie Bagley who received an
award last week. Ms. Bagley is an Academic All American and was one
of two LCC students to receive an award. The other student was Miss
Cunningham introduced Dr. VanKempen.
and Dr. Katherine Manley provided a PowerPoint presentation that
highlighted ways that Lansing Community College is meeting the
workforce development challenges. One process the College has chosen
is the DACUM process which stands for Develop A Curriculum.
explained the DACUM process which included some of the following
steps: interviews that include asking a panel how they do their jobs;
capture the tasks of those duties; and the knowledge and skills of
each task. Duty and task areas are rated on a scale of importance.
Then a gap analysis is conducted.
There was a
question and answer period after the presentation.
Cunningham thanked the Board for having supported Dr. Manley.
recognized Deans Judith Berry, Roberta Peterson, and William Darr who
have worked closely with Dr. Manley. A bulk of the work has been
completed in the Technical Careers Division.
recognized Mr. Steve Goethals, Ms. Annette parker, Mr. Ron Meloche,
Ms. Kathy Bender, and Mr. Clint Jones from the Technical Careers
Division that have also worked closely with Dr. Manley.
Cunningham announced that they are now looking at performing DACUMS
with four year colleges. Recently Ms. Parker and Ms. Debra Dolman
made a connection with Ferris State University regarding alternative
Professional Development Leave
Rebecca G. Beard, Administrator,
Duration of Leave: July 12, 2004 to August 12, 2004
Cunningham announced that the March 29th budget workshop
will be rescheduled. The budgets are not due until this day and in
order to provide a more accurate picture staff is recommending to
reschedule the workshop.
Barbara Larson stated that staff have been given six weeks to submit
their budgets. Each division has been given a reduction target and
they are working diligently to meet those targets. She reviewed the
budget projection information that was provided in the Board packet
(it is on file with the official Board materials.)
Cunningham stated that this information will be part of the budget
Pelleran requested that a breakdown of the reserves be provided at the
Minutes - February 16, 2004 Regular Meeting, February 25, 2004 Special
Cunningham presented the February 16 and February 25 meeting minutes.
The Board had
no changes to the minutes.
Larson presented the following bids for the Board's approval:
Glass, Glazing, Curtain Wall Systems for the HHPS building in the
amount of $1,340,900. The bid was awarded to American Glass & Metal
from Plymouth, Michigan.
M-TEC Workstation Panels and Components in
the amount of $134,904.13. The bid was awarded to Smart Office
Systems from Lansing, Michigan.
Pelleran commended the administration for taking a second look at the
IT WAS MOVED by
Trustee Pelleran and supported by Trustee Brannan to approve the
Roll call vote:
Ayes: Brannan, Laverty, Murray, Pelleran, Proctor, Rasmusson
IT WAS MOVED by
Trustee Proctor and supported by Trustee Brannan that the Board go
into closed session for the purpose of discussing strategies related
Roll call vote:
Ayes: Brannan, Laverty, Murray, Pelleran, Proctor, Rasmusson
entered into closed session at 7:35 p.m.
IT WAS MOVED by
Trustee Pelleran and supported by Trustee Rasmusson that the Board
return to open session.
Roll call vote:
Ayes: Brannan, Laverty, Murray, Pelleran, Proctor, Rasmusson
returned to open session at 8:20 p.m.
There were no
comments from the public.
IT WAS MOVED by
Trustee Proctor and supported by Trustee Pelleran for the meeting to
Laverty, Murray, Pelleran, Proctor, Rasmusson
adjourned at 8:20 p.m.