Chabot-Las Positas Community College District Chancellor s Council Tuesday, April 13, :00-4:00 pm District Office Multipurpose Room

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1 Chabot-Las Positas Community College District Chancellor s Council Tuesday, 3:00-4:00 pm District Office Multipurpose Room A I. Review and Approval of Minutes - March 23, 2010 G E II. III. IV. Full-Time Faculty Hiring Procedures Student Senate Resolution - Status Faculty Resolution - Status N D V. Other VI. Next Meeting: Tuesday, May 11, :00-4:00pm DO-Multipurpose Room A

2 Attendance: CHABOT-LAS POSITAS COMMUNITY COLLEGE DISTRICT CHANCELLOR S COUNCIL Meeting of Meeting Minutes Joel Kinnamon Jeff Baker Celia Barberena Audrey Ching Mary Anne Gularte Natasha Lang Jane McCoy DeRionne Pollard Sarah Thompson Laura Weaver Linda Wilson Handouts: 1) Agenda 2) Minutes March 23, ) Bio Joseph W. Cotchett I. Review and Approval of Minutes March 23, 2010 Ms. Linda Wilson requested a correction on page 7, paragraph 1 under Item VIII - Other as follows: Ms. Wilson questioned the ad in the Express and the free speech resolution adopted by the Faculty Senate. Ms. McCoy requested a correction on page 7, paragraph 5 under Item VII Full-time Faculty Hiring Procedures, correcting the policy date from 1989 to Dr. Gularte requested that the minutes reflect that she arrived to the meeting for the discussion of Item VII. Ms. McCoy made a motion, seconded by Ms. Wilson to adopt the minutes of March 23, 2010 as amended. Motion carried. II. Full-Time Faculty Hiring Procedures Dr. Kinnamon reported that at the last Council Meeting the Full-Time Faculty Hiring Procedures was discussed and copies of the document were distributed. It was requested that constituent groups further review the document and provide any additional written comments to Ms. Ching. Dr. Kinnamon reported that no additional comments have been received.

3 2 Mr. Jeff Baker reported that there was some concern expressed by the Administrative Association about the document, noting that the underlying theme was there seems to be a reduction in the role of Administrators in this new proposal. As an example, in Section I.A Introduction/Philosophy (page 3), the faculty s role of establishing the need for a position is in conflict with Article IV of the contract. In response to Mr. Baker s concern, Ms. McCoy reported that currently the faculty in the discipline put forward a request for additional faculty. She reported that the faculty determine there is a need but don t determine if the need will be filled. A lengthy discussion of the document ensued. Mr. Baker suggested that clarification is needed in the wording so it is clear about responsibilities. He noted that words can be interpreted very differently and it is important to be as clear as possible. Dr. Pollard reported that the issue is the word establishing vs. requesting or identifying. Mr. Baker also noted that multiple places in the document the words hiring administrator is replaced with discipline faculty, reporting that the Dean s responsibility is shifted to faculty hiring committee chairs. He expressed that responsibility to oversee compliance with State Education Code and Board of Regulations are areas that present issues of liability for the District. He reported that the feedback he received called for more of a shared process, and should be spelled out in the document. Ms. Wilson pointed out that with the resolution adopted by the Board in December giving more responsibility to the Vice Chancellor of Human Resources in hiring and firing, some of the language in this document may need to be updated. Ms. McCoy noted that this document doesn t go beyond what happens at the Colleges. Mr. Baker reported that one of the recommendations for changing the addition to page 3 (Item I.A), to reflect a shared process is Faculty responsibilities shall include participating in establishing the need for the position, participating in formulating the qualifications, participating in screening and interviewing candidates, and participating in selecting the candidates for recommendation. Ms. McCoy reported that at Las Positas College it would be a regressive policy because the faculty at the division level put through everything to establish the need. Dr. Kinnamon questioned if that was the 1991 policy. Ms. McCoy noted that it is how it has always been.

4 3 Dr. Pollard reported that the 1991 procedures suggested that there is a collaboration between the faculty and the administration, whereas the new procedures presented, there is no collaboration and suggests that faculty are responsible for doing any number of different things. To her, that is a radical shift that she is very uncomfortable with because it suggests a certain level of lack of clarity between the role of the administration and the faculty. Ms. McCoy reported that this document is the response to the 2005 document that was produced at the District level. She reported that that document was not approved by the Chancellor s Council. Dr. Kinnamon reported that it wasn t approved by the Senates but was approved by the Council. Ms. Thompson reported that all hiring policies by education code have to be created collaboratively between the Academic Senate and the Board. In response to Ms. Thompson, Dr. Kinnamon reported that the Council is where that takes place because of the way we implemented AB He noted that the two Faculty Senate presidents sat on the Council in 2005 and concurred with using that document for a six-month period as we worked through trying to get finalization of the document. He also noted that is when Las Positas College adopted a resolution because they didn t concur and they hadn t felt that they could allow their president to make that type of decision without their concurrence. Dr. Pollard questioned why we are using these procedures as a revision document? Ms. McCoy reported that traditionally, when you negotiate things, you take the last proposal. Dr. Kinnamon pointed out that we are not negotiating. He noted that it is not the shared governance collaborative tone. In response to a question regarding the next step in this process, Dr. Kinnamon reported that he is open to a recommendation from the Council on how we can move this process forward toward mutual agreement. Dr. Pollard reported that she believes that the process of bringing a piece of paper back and forth to each other is problematic. She believes that if we can get groups of people together to talk about an issue, it would better serve the purpose. Ms. Thompson reported that currently there is a working faculty group, which she will forward to Dr. Kinnamon. Dr. Kinnamon reported he will consult with some others from this group and will try to formulate a proposal for the charge that the group can follow. Dr. Pollard noted that what happened in the past is not important; what we do know is that the policy needs to be updated to reflect the currency of the times, to reflect the real issues of the time, and to capture our mutual interest in hiring the best candidates.

5 4 We also want to affirm the role of each person who is a part of that process, and that the process is equitable and fair. Mr. Baker also reported concern was expressed regarding the Selection Commitee appointment of members, and expressed that the three levels would be too cumbersome. He also reported that there was concern regarding the hiring committee chairs being responsible for documentation of the whole process. III. Student Senate Resolution - Status Dr. Kinnamon reported that this resolution was regarding the concern about a possible Brown Act violation in how the Board operated at one of its meetings. Dr. Kinnamon shared the concern with the Board President. The Board President expressed concern that he did not want to be doing anything that would impede the students voice and also wanted to make sure if the Board was in violation of the Brown Act, that he got counsel on this so that it wouldn t happen again. Dr. Kinnamon reported that the resolution was provided to Legal Counsel and he is awaiting a response. IV. Faculty Resolution Status V. Other Dr. Kinnamon reported that this resolution was sent to Legal Counsel to determine applicable areas for the Senate in the 10+1 so we can focus on the issues that are relevant. There is a belief that some of the items are beyond the Senate s scope. Also, he reported that Vice Chancellor Legaspi over a period of time has been working with Legal Counsel on the Free Speech Board Policy because of certain situations that happened at the Colleges. Hopefully, that process will help us with this process. Ms. Wilson reported that Mr. Greg Correa has been elected as an Alameda County representative to S.E.I.U., Local 1021 Chapter. At their last meeting, the Russell City Energy Center resolution was brought to their attention. They are going to take it further and send out their concerns from the Schools Industry Council and then to the entire 1021 Chapter, and from there to the Labor Council. Dr. Kinnamon reported that the wave seems to be moving in the right direction. He recently received a letter that was submitted on behalf of the San Francisco Bay Area Sierra Clubs. He believes they are starting to work at the State and National levels. He also reported that he recently met with Attorney Joseph Cotchett, who built a career out of representing the underdog against powerful interests. He reported that Mr. Cotchett is interested in being engaged in helping us with this issue. He has already placed calls to Congresswoman Nancy Pelosi, Senator Dianne Feinstein, and

6 5 Congressman Pete Stark. Dr. Kinnamon reported that Mr. Cotchett is going to do this pro bono. Ms. Jane McCoy reported that Las Positas College has elevated their Sustainability Committee to a standing committee with a vote on College Council. She reported that Mike Ansell is the chair and suggested he be the contact for efforts to coordinate an event. Dr. Kinnamon reported that Earth Day is a great teaching moment, noting that Earth Day was created by a senator as a teach in designed to educate on environmental issues. He suggested that Earth Day could be around biology, environmental justice, etc. He reported that Mr. Cotchett indicated that if there was anything like that, he would make sure that the Chronicle was there, which resulted in a discussion regarding the dynamics and controversy of the press. Dr. Pollard suggested that every discipline could do something around Earth Day. Ms. McCoy questioned the fine for not meeting the faculty obligation number? Dr. Kinnamon reported that the fine is approximately $65,000. Ms. McCoy reported that there will be additional cuts, noting that at Las Positas College, the CEMC Chair ed that there will be cuts next year of 10.5 FTEF. From the Faculty Association, she questioned what commensurate cuts will be made on the other side of the tally by the District to maintain its legal obligation according to the 50% Law? Dr. Kinnamon reported that with that cut, the District believes it will be maintaining its legal obligation. He reported that was a cut determined at DEMC of which membership is comprised of at least half faculty association representatives. Dr. Kinnamon further reported that there is a $1.6 million deficit to figure out. In response to a question raised by Ms. Lang, Dr. Kinnamon reported that the deficit was at $2.9; benefit numbers came in and took it to $1.9; and DEMC cut $600,000; bringing us to $1.3; which is what we are wrestling with currently. He reported that we will try to solve that deficit. Ms. McCoy questioned unknown cuts to Summer Session? Dr. Kinnamon reported that DEMC made adjustments to the FTEF allocation so the only cuts is how CEMC determines to adjust their FTEF, which can be done in the Summer, Fall or Spring, or a combination thereof. Ms. McCoy expressed concern for a moral obligation to mainly adjunct faculty to let them know what will be offered. In response to Ms. McCoy s concerns, Dr. Pollard reported that the timeline has been the issue. DEMC made their decision last Friday, April 9, and with the desire of consulting faculty before making cuts, they waited until after Spring Break and until

7 6 CEMC could meet and make a decision. Guidelines need to be developed on how the cuts would be made. Ms. Thompson reported that the concern is the full-time faculty is not impacted by the cuts, it is the adjuncts. She also reported there is a lot of pressure early on in the semester to staff for the next semester by the administration. She noted that the potential workload reduction has been discussed for several months. She suggested that perhaps the practices of rushing to staff classes should be reviewed. Dr. Pollard reported that the infrastructure that we have used to create the schedule has driven this. She expressed that given the volatility with FTEF, it might make sense to revisit this, but understand some of the implications such as the bookstore. She suggested the need to have certain textbooks that are automatic based on the course, and suggested that perhaps faculty will lose the flexibility of being able to choose their own book. Ms. Lang questioned if the $1.3 million deficit cuts will be decided prior to the tentative budget phase and expressed concern with the delay in the budget. Dr. Kinnamon reported that he is hopeful that the deficit can be lowered prior to the tentative budget so that as we are planning, people aren t making cuts that may not be necessary. Dr. Kinnamon reported that the conversations have mostly been to try to fit into where we were last year with allocations. Ms. McCoy questioned the issue of not touching the reserve? She suggested that she thought that tough economic times are what the reserve is for. Dr. Kinnamon reported that we might have to at some point, but currently, doesn t think we will have to. Part of the challenge with the reserve is, if you have a structural deficit you have less money coming in than you have going out. Since these are on-going expenditures, it doesn t do any good to patch it with the reserve since these funds are one-time. For the most part, it is probably on-going because we are talking about people and benefit costs increases. VI. Next Meeting Tuesday, May 11, 2010, 3:00-4:00 pm, District Office Multipurpose Room. bb 5/11/10

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