Board Minutes May 7, 2003 - Board of Trustees

OHLONE COMMUNITY COLLEGE DISTRICT

Ohlone College

Room 1216

43600 Mission Boulevard, Fremont, CA 94539

Minutes of Board Meeting

May 7, 2003 APPROVED

Page 1 of 5 Pages May 14, 2003

MEMBERS PRESENT: Mr. Dan Archer, President

Mrs. Ruthe Foster, Vice President

Mr. John H. Weed, Secretary

Mr. Bob Brunton

Mr. Bill McMillin

Mr. Garrett Yee

Mr. Nick Nardolillo

Mr. Clifton Der Bing, Student Trustee

MANAGEMENT

PRESENT: Dr. Floyd Hogue, President/Superintendent

Dr. James Wright, Vice President, Instruction

Dr. Lisa Waits, Vice President, Student Services

Mr. Lyle Engeldinger, Executive Dean of Human Resources

CLASSIFIED

SENATE: Absent

FACULTY SENATE

REPRESENTATIVE: Mr. Rob Smedfjeld

OPEN MEETING: Mr. Archer called the meeting to order at 5:30 p.m.

Mr. Archer led the pledge of allegiance.

The roll was called and all members were present except Mr. Brunton and

Mr. Weed. Mr. Brunton arrived at 5:42 p.m. and Mr. Weed at 5:38 p.m.

Dr. Hogue announced that Items 1, 2, 3, 4, and 5 would be discussed during Closed Session.

CLOSED SESSION: Time: 5:32 p.m.

RETURN TO

OPEN MEETING: Time: 6:10 p.m.

Report of Closed

Session Items:

1. Public Employee Appointments/Employments: Government Code Section

54957

a. (Attachment 1) Approval of Other Hourly Employees

Motion Approved Moved/Yee/Seconded/McMillin/Passed to approve Items 1a. A roll call vote was taken: Ayes: Foster, Yee, McMillin, Nardolillo, Archer. Noes: 0;

Abstain: 0; Absent: Brunton, Weed

2. Conference with Labor Negotiator: Government Code Section 54957.6 Meeting with District Staff (Hogue and Engeldinger) and/or Negotiator (Zampi) RE: CSEA/UFO/SEIU/Negotiations/Settlement

a. (Attachment 2) The Board took no reportable action.

3. Public Employee Discipline/Dismissal/Release: Government Code

Section 54957

The Board took action to release two probationary classified employees.

Motion Approved Moved/Brunton/Seconded/Nardolillo/Passed to approve the release of two probationary employees. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Nardolillo, Archer. Noes: 0; Abstain: 0; Absent: 0.

a. (Attachment 3) The Board took action to issue layoff notices for two custodial staff.

Motion Approved Moved/Nardolillo/Seconded/Yee/Passed to approve Resolution No. 53/02-03, layoff notices for two custodial staff. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer, Nardolillo. Noes: 0; Abstain: 0;

Absent: 0.

b. (Attachment 4) The Board took no reportable action until all administrative remedies have been

exhausted.

Motion Approved Moved/Yee/Seconded/Brunton/Passed to approve Resolution No.51/02-03. No reportable action will be taken until all administrative remedies have been exhausted. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer, Nardolillo. Noes: 0; Abstain: 0; Absent: 0.

c. (Attachment 5) The Board took action to issue final layoff notices for the following positions:

Counselors (2), EOPS Counselor, DSPS Faculty, Drafting Faculty, Electronics

Faculty, Engineering Faculty, Deaf/Disabled Faculty.

Motion Approved Moved/Foster/Seconded/Nardolillo/Passed to approve Resolution No. 52/02-03, to issue final layoff notices for the following positions: Counselors (2), EOPS Counselor, DSPS Faculty, Drafting Faculty, Electronics Faculty, Engineering Faculty, and Deaf/Disabled Faculty. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer, Nardolillo. Noes: 0; Abstain: 0;

Absent: 0.

4. Public Employee Retirements/Resignations: Government Code Section

54957

a. (Attachment 6) Approval of Early Retirement: Health Sciences Skills Lab Coordinator

b. (Attachment 7) Approval of Resignation: Library Technician

Moved/Foster/Seconded/Yee/Passed to approve the Items 4a and 4b. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer, Nardolillo. Noes: 0; Abstain: 0; Absent: 0.

5. (Attachment 8) Selection of President/Superintendent: Government Code Section 54957(b)(l)

Dr. Hogue advised that this item was not discussed in Closed Session, but will be

discussed in the Closed Session following "Other Scheduled Items."

CONSENT

CALENDAR:

6. Personnel Items

There were no reportable Personnel Items.

7. Approval of Accounts Payable and Payroll Warrants:

Mr. Weed requested that item 7 be removed from the Consent Calendar for discussion.

8. (Attachment 9) Approval of Minutes, Board Meeting, April 23, 2003

9. (Attachment 10) Approval of Resolution No. 50/02-03, Compensation for Student Board Member's

Absence

Motion Approved Moved/Brunton/Seconded/Foster/Passed to approve Items 8 and 9. Mr. Weed requested that Item 7 be removed from the Agenda for discussion. A roll call vote was taken: Ayes: Nardolillo, Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: 0.

Communications from

the Audience None

Ceremonial Items: Mr. Der Bing presented the Ohlone College Student Member, Board of Trustee Award to Ms. Nargiza Paltasheva for her outstanding achievement at Ohlone College. Ms. Paltasheva expressed her appreciation for the award and thanked the Board for all of their hard work. The Board congratulated Ms. Paltasheva, and

Mr. Archer commended Mr. Der Bing for establishing this tradition.

OTHER SCHEDULED

ITEMS:

7. (Attachment 11) Approval of Accounts Payable and Payroll Warrants:

Accounts Payable Warrants Issued: 57-026687 through 57-026952; Payroll

Warrants Issued: 47-026286 through 47-026657; Payroll Warrants Voided;

47-026593.

Ms. Walston responded to Mr. Weed's request for clarification of an accounts payable warrant payable to New Technology Park Owner's Association in the amount of $97,732.12. Ms. Walston stated that a few weeks ago the District received an invoice for its share of the cost related to the New Technology Park Owner's Association. She advised that she sent the invoice to the District's real estate attorney, Mr. McDevitt, to see if the District was obligated to pay. Following review by the attorney, he advised that the District was obligated to pay the invoice, and he recommended that the District obtain a summary of the Covenants, Conditions, and Restrictions (CCR's) of the New Technology Park Owner's Association.

Ms. Walston stated that the District's Third Quarter Report will reflect that the billed amount was pro-rated between this fiscal year and the next.

Following discussion, Ms. Walston agreed with Mr. Weed that the District needs to buy out of this obligation and that it would be more cost effective for the District to provide landscaping services. Ms. Walston will provide the Board with the documentation she has received regarding this matter.

Mr. Weed referred to a warrant pertaining to Fremont Bank. Ms. Walston advised that this is a check that the District sends to Fremont Bank to cover direct payroll deposit warrants.

Motion Approved Moved/Brunton/Seconded/Foster/Passed to approve Items , Accounts Payable and Payroll Warrants. Accounts Payable Warrants Issued: 57-026687 through

57-026952; Payroll Warrants Issued: 47-026286 through 47-026657; Payroll Warrants Voided; 47-026593. A roll call vote was taken: Ayes: Nardolillo, Brunton, Weed, Foster, Yee, McMillin, Archer, Noes: 0; Abstain: 0; Absent: 0.

10. (Attachment 12) Approval of Legal/Consultant Services with Law Firm of Joseph P. Zampi and

Associates

Dr. Hogue advised that this item will be removed from the agenda to allow staff

additional time to explore options.

Items from

Administrators: None

Items from Classified

Senate: None

Items from Faculty: None

Items from the Board: Mr. Der Bing referred to recent ASOC activities: He thanked Mr. Yee for speaking at a successful Unity Week (week of April 21); the Annual Academic and Leadership Awards Ceremony on May 1; the mock "Funeral of Education" (April 30); and the ASOC elections.

CLOSED SESSION: Time: 6:45 p.m.

RETURN TO

OPEN MEETING: Time: 7:10 p.m.

Report of Closed

Session Items: In Closed Session the Board took no reportable action.

ADJOURNMENT: Time: 7:15 p.m.

John H. Weed

Secretary