Special Meeting Board of Trustees Coast Community College District District Board Room 7:30 a.m. January 30, 2007 M I N U T E S A Special Meeting of the Board of Trustees of the Coast Community College District was held on January 30, 2007 in the Board Room at the District Office. 1. Call to Order Board President Jerry Patterson called the meeting to order at 7:30 a.m. 2. Pledge of Allegiance Trustee Mary Hornbuckle led the Pledge of Allegiance to the Flag of the United States of America. 3. Roll Call Trustees Present: Mary Hornbuckle, Walt Howald (joined the meeting at 7:36 a.m.), Jim Moreno, Armando Ruiz (joined the meeting at 7:37 a.m.), and Jerry Patterson Trustee Absent: Jeri Elder Others in attendance were: Staff J. Quarles, K. Yglesias, D. Adelmann, P. Arfston, K. Ballinger, W. Bryan, D. Currie, B. Dees, S. Dumont, B. Fey, J. N. Hill, J. Hils-Williams, C. Hanna, A. Holliday, J. Houlihan, J. Isaac, R. Kudlik, D. Mancina, J. Michaels, L. Miller, M. Nish, M. Norling, D. Restelli, B. Roohk, P. Selecky, N. Sprague, C. Teeter; Students J. Ball, Other D. Hyatt, H Tillatson, A. Ybarra 4. Opportunity for Public Comment There were no requests to address the Board under Public Comment.
5. Adopt Agenda It was moved by Ms. Hornbuckle and seconded by Mr. Moreno that the Agenda be adopted. Motion carried with the following vote: Aye Ms. Hornbuckle, Mr. Moreno, and President Patterson. Recess Board President Jerry Patterson called a short recess at 7:32 a.m. to wait for the remaining Board members to arrive. Reconvene Special Meeting The Board Reconvened at 7:37 to resume the meeting. Board President Patterson explained that the Board members just received an attorney-client privileged memorandum pertaining to the proposed Agreement with Memorial Health Services, and would need to discuss it in a Closed Session meeting. Recess to Closed Session It was moved by Mr. Moreno and seconded by Ms. Hornbuckle to add an urgent Closed Session item to the Agenda, Conference with Legal Counsel Anticipated Litigation (Pursuant to Section 54956.9), noting that the need to include the item arose subsequent to the printing and posting of the January 30, 2007 Agenda. Conference with Legal Counsel Anticipated Litigation (Pursuant to Section 54956.9) Motion carried with the following vote: Aye Ms. Hornbuckle, Mr. Howald, Mr. Moreno, Mr. Ruiz, and President Patterson. Reconvene Special Meeting The Board reconvened the Special Meeting at 8:04 a.m. to report on action taken in Closed Session. It was reported that there was no action taken. Motion carried with the following vote: Aye Ms. Hornbuckle, Mr. Howald, Mr. Moreno, Mr. Ruiz, and President Patterson. 6. Authorization to enter Into an Instruction Agreement Between the Coast Community College District (Orange Coast College) and Memorial Health Services for the Purpose of Providing an Employee from Memorial Health Services to be Released to Function as an Instructor in the Orange Coast College Respiratory Care Program from January 2007 through June 2009 Vice Chancellor of Human Resources Joe Quarles reported that the District has been negotiating with the faculty union regarding the offer from Memorial Health Services to provide affiliated instructors - 2 - CCCD Minutes 1-30-07
in the OCC Respiratory Therapy Program at no cost to the District. He announced that an agreement has not been reached, but that the District is open to continuing negotiations. Board President Patterson announced that eleven people requested to speak on the topic. Due to time constraints, the Board set time limits for the speakers, allowing the Memorial Health Services representative and Coast Federation of Educators (CFE) President 10 minutes each, and all other speakers 3 minutes each. Speaking to the Topic: Mr. Byron Schweigert, Memorial Health Services discussed the proposed agreement, sharing the success of similar agreements that Memorial Health Services has participated in with Long Beach City College (LBCC) and California State University Long Beach (CSULB). He noted the shortage of respiratory therapists in the workforce, and the challenges for the colleges in hiring instructors, and expanding their programs, emphasizing the value of this type of partnership to students, hospitals and the community. Mr. Schweigert, in response to a letter from Assemblyman Jose Solorio that expressed concerns regarding outsourcing, commented that this Agreement does not take away any jobs from existing faculty at OCC. He expressed the desire of Memorial Health Services to enter into this unique partnership with OCC without the requirement of having this individual be a member of CFE Union. Trustees inquired regarding issues in the proposed Agreement as well as the approach taken in the similar partnerships with LBCC and CSULB, including union status of the employees, control over the instructional program, and certification and licensure of the instructors. Mr. Schweigert confirmed that potential instructors must meet all of the educational requirements of the District, and that all practicing respiratory therapists are required to have a current state license. Dean Mancina, President, CFE/AFT Local 1911, read a prepared statement expressing support of partnerships with the District, but stated opposition to this Agreement unless the affiliated faculty member receives union representation. He further recommended that management negotiate an offer with Memorial Health Care that respects the rights of the affiliated faculty member to receive union representation. (A copy of the complete statement is attached to and made a part of the Minutes.) Dan Adelmann, Director, OCC Respiratory Therapy Program, expressed support of the Agreement, noting that it would enable OCC to expand its program and provide more respiratory therapists to meet the needs of the community. He further emphasized the high demand for the OCC Respiratory Therapist Program, which currently has a 2-year waiting list. Dr. Paul Selecky, Medical Director, Respiratory Care, Memorial Health Services, expressed support of the Agreement with Memorial Health Services, noting that respiratory therapists are a key part of critical care and in-home care of patients. He further noted that adding an instructor would dramatically increase the potential workforce to provide patient care, commenting that OCC s program is the preeminent program supplying respiratory therapists in Orange County. Haydee Velazquez Tillotson, Orange County resident, and immediate past Chairman, Orange Coast Memorial Medical Center, discussed the value of community colleges, and expressed the opinion that Memorial Health Services proposal is an incredible private business partnership that will reward everyone who ends up in a hospital. She expressed hospitals challenges in hiring quality health care workers, and shared that this agreement is an opportunity for more students to receive quality training in Orange County, and in turn provide quality services to the community. - 3 - CCCD Minutes 1-30-07
Bonnie Roohk, Dean of Math/Science and Health Professions, GWC, addressed the issue of finding instructors for the health professions programs, noting that many Master s qualified health care workers would have to take a large cut in pay to teach at a community college. She commented that this partnership would alleviate that issue. Don Hyatt, union representative, expressed the opinion that this proposed offer sounds too good to be true. He further discussed the rights of faculty for comparable wages, and commented that a partnership like this could create dissention between faculty members. Katie Erskine, the attorney representing CFE, discussed the Agreement with Memorial Health Services, noting that this contract seeks to have an individual do the same work as a faculty member under the collective bargaining unit of CFE, but does not allow the faculty member union representation. She expressed concern that the District has refused to consider allowing the union to represent the individual hired under this contract, which she believes is not something the District has the right to do. Ms. Erskine further stated that the union understands the benefits this proposed partnership offers to students, the District and Memorial Health Services, but it sees the signing of this contract, without union representation, as a violation of faculty rights. In response to inquiry from Trustees, Ms. Erskine further clarified the difference between being a member of the union and being a member of the bargaining unit, and emphasized that what is important to the union in this case is that it has the right to represent the employees doing the work. Al Ybarra, Executive Secretary/Treasurer, Labor Council of Orange County, expressed the desire to protect the integrity of a bargaining unit. He shared concern that this Agreement is a form of outsourcing, and will open the door to outsourcing other positions in the future. Diane Restelli, GWC Health Professions Instructor, shared that she has over 20 years teaching experience and 36 years of clinical experience, and recognizes the crisis regarding the shortage of health care workers. She stated that she is appreciative of Memorial Health Services proposed gift, but shared concern that the affiliated faculty members would not be represented by the union. Ms. Restelli further expressed concern regarding the potential of Memorial Health Services requesting special consideration of their employees into impacted health professions programs. Judith Michaels, CFT, and former faculty member, shared that she has worked with State Senator Scott on legislation to increase funding for nursing programs. She mentioned the letter from Assembly Member Jose Solario, and confirmed that the Board received this letter. Ms. Michaels shared her opinion that those who teach students should be part of the faculty and entitled to union representation. She expressed concerns regarding maintaining the integrity of the curriculum. Fred Frueh, President, UA local 509, expressed concern regarding the potential for hidden costs in this Agreement. He stated the opinion that this partnership could create turmoil and tension among the faculty members, and commented that in his experience he has noted problems with morale from partnerships such as this. He encouraged the Board not to approve this agreement unless the faculty members are represented by the union. Jason Ball, Student Trustee, OCC, shared his opinion that the student/teacher relationship should not be contingent upon having political rights. He further expressed the sentiment, as the student elected representative, that it is important to recognize everyone who teaches as a member of a group with the same interests and rights. He urged the Board to recognize the faculty rights that exist. - 4 - CCCD Minutes 1-30-07
Mr. Schweigart addressed the Board to clarify issues raised by the previous speakers. He commented that preferential admission to the colleges has never been requested as part of this Agreement, or similar Agreements in the past. He further stated that the benefit of this Agreement to Memorial Health Services is the potential recruitment of some health care workers who have experience and exposure in the Memorial Health Services hospitals. Mr. Schweigart shared that, in previous similar partnerships, they have not experienced turmoil between the faculty members, but rather have seen an enhanced teaching experience for faculty through exchange of information. In conclusion, he thanked the Board for considering the issues, and that he hoped this Agreement would be approved with OCC without the faculty member being a member of the union. Recess Board President Patterson thanked the speakers for their input and announced that the public speaking portion of the meeting had closed. He announced that the Board will take a short recess. Reconvene The Board reconvened at 9:17 a.m. Following brief discussion, it was moved by Mr. Howald and seconded by Ms. Hornbuckle to approve the contract between Memorial Health Services and Coast Community College District, amended as follows: Page 1, paragraph 5, sentence 3 under TERM, replace words, both parties with Coast Community College District Board of Trustees and Memorial Health Services Page 1, paragraph 5, under TERM, add the following language after the last sentence: This Agreement not to set a precedent in any future faculty contract negotiations. and This Agreement not to exceed three affiliated faculty members. Page 1, following paragraph three, add new paragraph stating Whereas, the Coast Federation of Educators (CFE) retains the right to negotiate the terms and conditions of the work. Page 3, paragraph 5, sentence 1, replace word expected with required, and remove the word other. Motion carried with the following vote: Aye Ms. Hornbuckle, Mr. Howald, Mr. Ruiz, and President Patterson; No Mr. Moreno. Adjournment There being no further business, it was moved by President Patterson and seconded by Mr. Howald that the meeting be adjourned. Motion carried with the following vote: Aye Ms. Hornbuckle, Mr. Howald, Mr. Patterson, Mr. Moreno, Mr. Ruiz, and President Patterson. The meeting was adjourned at 9:35 a.m. Secretary of the Board - 5 - CCCD Minutes 1-30-07