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Los Angeles Community College District
AGENDA
TTOV hire81vd., Los Angetes.CA 90017 (213) 891-2000
ORDER OF BUSINESS - REGULAR MEETING
Wednesday, April 17, 2013
Public Session 2:00 p.m.
Closed Session
(Immediately Foliowina Adjournment
of Capital Construction Committee)
Educational Services Center
Board Room - First Floor
770 Wilshire Blvd.
Los Angeles, CA 90017
Roll Call (2:00 p.m.)
II. Rag Salute
HI. Reports from Representatives of Employee Organizations at the Resource Tabfe
IV. Announcements from College Presidents
V. Public Agenda Requests
A, Oral Presentations
B. Proposed Actions
VI. Reports and Recommendations from the Board
. Reports of Standing and Special Committees
BT1.
v
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Resolution in Support of Marriage Equality
Reports from the Chancellor
« Reports from the Chancellor regarding District activities or pending issues
o Presentation on Measure J Technology Projects
VI
*
Consent Calendar
Matters Requiring a Majority Vote
BSD1.
FPD1.
HRD1.
Authorize_Professional Services Agreement
^?!i!ie-s»?iainnir?9.an?,Peve,!opmeJ?t Routine Report
Approve Reduction of Presidents' Transportation Allowance and
Adjustment of Salary Schedufe
ISD1.
Amend Board Rule 18110 - Guidelines for Implementation
Matters Requiring a Super Majority Vote - None
X. Recommendations from the Chancellor - None
X. Recess to Capital Construction Committee
A. Roll Call
B. Public Speakers
C. Presentation/lnitiative Reviews
1_ Overview of Bond Program Management Transition
D. New Business
E. Adjourn Capital Construction Committee
ORDER OF BUSINESS
April 17,2013
Page 2
Xt. Reconvene Regular Meeting of the Board of Trustees
x
*
Roll Call
Xl H. Notice Reports and Informatives
BT/A.
[Notice] Amend Chapter XVII, Article ill of the Board Rules
HRD/A.
[Collective Bargaining Informative] Initial Proposal of the Los
Angeles College Faculty Guild, AFT Local 1521 to the
Los Angeles Community College District Regarding Negotiations
as Agreed in Article 1 7 of the Collective Bargaining Agreement to
Discuss Compensation Matters for 2013-2014
Coilecfive Bargaining Notice] Reopen the 2011-2014 Collective
HRD/B.
Bargaining Agreement with the Los Angeles College Faculty
Guild, AFT Local 1521 Regarding Compensation issues for'2013
2014
XIV. Announcements and Indications of Future Proposed Actions
XV. Requests to Address the Board of Trustees - Closed Session Agenda Matters
Location: Board Room
XVI. Recess to Closed Session in accordance with The Ralph M. Brown Act, Government Code
sections 54950 et seq., and the Education Code to discuss the matters on the posted Closed
Session agenda pursuant to Government Code section 54954.5. Location: Hearing Room
XVN. Reconvene Regular Meeting Location: Board Room
XVI
Report of Actions Taken in Closed Session - April 17, 2013
XIX. Adjournment
A******************************
Next Regularly Scheduled Board Meeting
Wednesday, May 1, 2013
(Public Session scheduled for 2:00 p.m.)
Los Angeles Mission College
13356 Eldridge Avenue
Sylmar,CA91342.
*******************************
In compliance with Government Code section 54957.5(b), documents made availabie to the Board after the
posting of the agenda that relate to an upcoming public session item will be made available by posting on the
District's official bulletin board located in the lobby of the Educational Services Center located at 770Wi[shire
Boulevard, Los Angeles, Cafifornia 90017. Members of the public wishing to view the materiai wi!i need to
make their own parking arrangements at another location.
If requested, the agenda sha!l be made available in appropriate alternate formats to persons with a disability,
as required by Section 202 of the American with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the
rules and regulations adopted in implementation thereof. The agenda shall include information regarding how,
for whom, and when a request for disabiiity-reiated modification or accommodation, including auxiiiary aids or
services may be made by a person with a disability who requires a modification or accommodation In order to
participate in the pubiic meeting.
To make such a request, piease contact the Executive Secretary to the Board of Trustees at (213) 891 -2044 no
later than 12 p.nz (noon) on the Tuesday prior to the Board meeting.
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AGENDA
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LOS ANGELES COMMUNnTYCOLLEGE DISTRICT
770WilshireBouIevard,LosAngetes,CA90017 213/891-2000
ATTACHMENT A
CLOSED SESSION
Wednesday, April 17, 2013
Educational Services Center
Board Room ~ First Floor
770 Wilshire Boulevard
Los Angeles, CA 90017
Public Employee Appointment
(pursuant to Government Code section 54957)
A. Position: Chancellor
B. Position: College Presidents
C. Position: Interim Chancellor
II.
Public Employee Evaluation
(pursuant to Government Code section 54957)
A. Position: CFO/Treasurer
B. Position: Deputy Chancellor
Hi. Public Employee Discipline/Dismissal/Reiease/Charges/Complaints
(pursuant to Government Code section 54957)
fV. Conference with Legal Counsel - Existing Litigation
(pursuant to Government Code section 54956.9(a)
A. Specialized Builder's Hardware, Inc. dba CFO Door Hardware & Security, Inc.
v. LACCD, Morilio Construction, Inc., David Niemerow
B. Pugfsese v. LACCD
Closed Session
April 17,2013
Page 2
V. Conference with Legal Counsel - Anticipated Litigation
(pursuant to Government Code section 54956.9(b)
A. Potential litigation - 1 matter
J:
.
A
Los Angeies Community College District
Corn,No.BT1
Division
Board of Trustees
Date: Apnl17,2013
Subject: RESOLUTION IN SUPPORT OF MARRIAGE EQUALITY
The following resoiution is presented by Trustees Svonkin, Veres, and Santiago:
WHEREAS, Same-sex marriage is arguably the most contentious civil rights issue of the twentyfirst century; and
WHEREAS, ltjs_our re^nslb!lity,{° Protect and defend the rights of students, faculty, and staff
on: issues that impact their lives on our campuses and in our communities; and
WHEREAS Lesbian gay, bisexua!, and transgender (LGBT) students, facility, and staff should
have all the rights and privileges that the government allows; and
WHEREAS, PFOposition 8 a state Constitutional amendment passed by voters in November
2008, provides that "oniy marriage between a man and a woman is vaiid or
recognized in Ca!ifornia"; and
WHEREAS, This Constitutional provision and similar lawsin most other states prevent same-sex
couples from being married and, thus, deny them the same rights'that opposite sex
couples have to marry; and
WHEREAS, Such discriminatory laws on the basis of sexua! orientation are counter to the
fundamental principie of equal protection that exists in the U.S. Constitution and that
is later defined in federal statutes and case law in relation to other imrriLftabfe
characteristics such as race, color, gender, age (40 years and older) and disabiiity;
and
WHEREAS, CaiJfornia, unlike most states, prohibits discrimination on the basis of sexual
orientation in an educational setting and in theworkpiace pursuant to the Unruh Civil
Rights Act and the Fair Employment and Housing Act, respectively; and
WHEREAS, ^aJi^or,nl?'SJe9i^ativ^an^,Nic1^ Seadership h the area of civil rights shouid be
extended unequivocally and conclusively to marriage equality for same-sex couples;
and
WHEREAS, The United States Supreme Coiirt will soon decide two cases pertaining to marriage
equality, involving California's Proposition 8 and the Defense of Marriage Act
(DOMA); and
WHEREAS, The Los Angeles Community Coi!ege District (LACCD) Board of Trustees strongiy
supports marriage equality and the rights of same-sex couples to be treated equaiiy
under state and federal law; and
Chancellor and
Candaele
Santiago
Secretary of the Board of Trustees
FieSd
Svonkin
Park
Veres
Page
Pea rim an
Date
By
of
2
Pages
Corn. No.
BT1
Div.
Campos
Student Trustee Advisory Vote
Board of Trustees
Date
4/17/13
Los Angeles Community College District
Corn. No. BT1
Division
Board of Trustees
Date: April 17, 2013
WHEREAS, The LACCD promotes an environment, on the colleges campuses and in the District
Office, that celebrates cultural difference and fosters mutual respect and tolerance
for ai!; and
WHEREAS, The LACCD has been a leader in providing domestic partnership benefits, offering
such benefits to same-sex couples since 1999; and
WHEREAS, Employer benefits afforded to domestic partners and anti-discrimination provisions
understate law must not be the so!e basis of ensuring equality to LGBT individuais;
now, therefore, be it
RESOLVED, That the Board of Trustees of the LACCD hereby urges the United States Supreme
Court to conclude that marriage equaiity for same-sex couples should be permitted
and protected in every state in the nation; and be it further
RESOLVED, That the LACCD's community-both LGBT and heterosexual-will benefit from the
cpnfirmed invaijdatJon of Proposition 8 and from the invaEidation of DOMA, by
studying, being trained and working in a truly just and fair state and nation; and be it
further
RESOLVED, That students, faculty, staff, and members of the surrounding community are
encouraged to exercise their First Amendment rights and express their support for
marriage equality by holding a rainbow flag or other rainbow symbol' in the
designated free speech area at an LACCD coiiege.
Page 2
of
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Pages
Corn. No.
BT1
Div.
Board of Trustees
Date
4/17/13
ACTION
Los Angeles Community College District
Corn.No.BSD1 Division:
SUBJECT:
Business Services
Date: April 17, 2013
AUTHORIZE PROFESSIONAL SERVICES AGREEMENT
Agreement with Gonzalez, Quintana & Hunter, LLC., to provide
legislative advocacy services. The firm will assist and support existing
advocacy efforts on behalf of the Los Angeles Community College
District (LACCD) focusing on immediate legislation impacting the
District.
Background: Gonzalez, Quintana & Hunter, LLC., has extensive
expertise in working with the State of Caiifornia Assembly and Senate
which will serve the LACCD in these efforts during the period of April
18, 2013 to October 30, 2013, inclusive, at $9,000 per month. Total
cost not to exceed: $63,000.
<^^^)
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Recommended by:
^n/
><X^ K^. Approved by:
.
a
Adriana D. Barrera, Deputy Chancellor
^L/"^^
baniei'J. LaVista, Chancelior
Chancellor and
Candaele
Field
Park
Pearlman
Secretary of the Board of Trustees
By:
Date
Santiago
Svonkin
Veres
Campos
Student Trustee Advisory Vote
Page
of
Pages Corn. No.
BSD1
Div.
Business Services
Date
4-17-13
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Los Angeles Community College District
g
Corn.No. FPD1
Division FACIUTiES PLANNING AND DEVELOPMENT
Date April 17, 2013
SUBJECT: FACILITIES PLANNING AND DEVELOPMENT ROUTINE REPORT
Action
Authorize Amendment No. 4 to Agreement No. 4500176403 with URS
Corporation to provide an extension of time for continued program
management services from May 1, 2013 to May 31, 301 3 at no additiona
cost.
Inclusive of this proposed amendment, the total amount of this agreement
for the full contract term is not to exceed $21 ,664,801.
Background
This agreement was authorized by the Board of Trustees on March 21,
2012 (Corn. No. FPD1) with the allowance that it be extended as needed
during the Request for Proposals (RFP) process for a new iong term
program management agreement On April 3, 2013 (Corn. No. FPD1),
the Board of Trustees authorized a new long term program management
agreement with AECOM Technical Services, Inc. This proposed
amendment provides additional time to complete the transition to AECOM.
Funding and Development Phase
Funding is through Measure J Bond proceeds. Program Management
40J.5J90.05. All Phases.
Si^^)^Ji>^<Nfl^^ Y^
Recommended by:
?J,
^M^Approvedby:
Adrians D. Barrera, Deputy Chancellor
z
4
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^n^-La^/ista/Chancellor
Chancellor and
Candaele
Secretary of the Board of Trustees
By:
Page
Date
of
Field
Park
Pearfman
Santiago
Svonkin
Veres
Campos
Student Trustee Advisory Vote
1_Pages Corn. No. FPD1 Div. FACILITIES PLANNING AND DEVELOPMENT Date 4-17-2013
'*.
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ACTION
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Los Angeles Community College District
i
Corn No. HRD1
Division:
HUMAN RESOURCES
Date: April 17, 2013
SUBJECT: REDUCTION OF PRESIDENTS TRANSPORTATION ALLOWANCE AND
OF SALARY SCHEDULE
In consideration of the acceptance of a reduced local transportation allowance of $500
monthly, authorize the establishment of a corrected Salary Schedule for College Presidents
effective July 1, 2013, with placement of the applicable executive incumbent on the same
step except as may be subsequently authorized pursuant to evaluation processes. This shaf!
also apply to other executives placed on the same salary schedule. Additionally, authorize a
comparabie reduction of transportation allowance and adjustment of salary for the Deputy
Chancellor.
Proposed Adjusted SalarvJSchedule
Step
1
2
3
4
5
6
7
8
9
10
Monthly
Salary
Annual
$14,638
$14/883
$15,132
$15/386
$15/644
$15/907
$16475
$16,448
$16/725
$17/008
$175/652
$178/591
$181/584
$184,630
$187,730
$190/887
$194/101
$197,372
$200/702
$204,092
Salary
^/
.uw.\
Recommended
""^n-^
Michael Shanahan,^r Associate Vice Chancdlor
Human Resources
^^bj^-t^X)
Recommended by:
(^^SL^- Approved by,
>
Adrians D. Barrera, Deputy Chancellor
A^
^
^.
^iellJ.^aVista, Chancellor
^
Chancellor and
Secretary of the Board of Trustees
Date
By:
Page
of
2
Pages Corn. No.
HRD1 Div.
Candaefe
Field
Park
Pearlman
HUMAN RESOURCES
Santiago
Svonkin
Veres
Campos
Student Trustee Advisory Vote
Date
4-17.2013
Trustees
Los Angeles Community College District
Corn No. HRD1
Division:
HUMAN RESOURCES
Date: April 17, 2013
Background: This action WJH not result in any net increase or decrease to compensation.
College Presidents and other executives who are employed by contract pursuant to Education
Code section 72411. The established provisions of the contracts for regular College Presidents,
Vice Chancellors, the Deputy Chancellor, and the General Counsel include a provision that
salary may not be reduced during the term of the contract, and include a local transportation
allowance of $1,530 monthly. Comparison with compensation for other, like districts in
California show that the presidents' salary rate is substantially below average, but the ioca!
transportation allowance is above average. This action will appropriately allocate these two
forms of compensation. Adjustment of Deputy Chanceilor's current allowance and salary is
included because there is no salary range for the position of Deputy Chancellor but a similar
reduction in the transportation allowance is desired.
Page
2
of
2
Pages
Corn. No.
HRD1
Div. HUMAN RESOURCES
Date 4-17-13
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Noticed: April 3, 2013
Los Angeles Community College District
Corn. No. !SD1
Division
Educationa! Support Services
Date: April 17, 2013
Subject; AMEND BOARD RULE 18110 - GUIDELINES FOR IMPLEMENTATION
Amend Board Rule 18110 as foilows:
18110. GUJDEUNES ^OR^IMfL^E-NHD?^. ,fo.r_PurPoses °| J,nterPretal°^^ thJLCAaP!eJ:;..t^
Board adopts the attached Gi^defes for Implementation of Sections 53200 to 53207~of Title 5
of the Administrative Code of California These guidelines were agreed upon by "the Community
College_Leagueof_Califojnia^nd the statew^ Academic Senate for Califs
Colleges. In the evenUhe Community College League of California and the Academic
^ateJor^fomac-tVCO"ec'es revise the G"^""es, the BoaSa^
the most recently revised Guidelines.
GUIDELINES FOR IMPLEIViENTATON OF
SECTION 53200..53204 OF TITLE 5 OF THE
AD1VHNISTRATIVE CODE OF CALIFORNIA
The Rolo ofAcadomic Sonatos in the Cslifornia Community Collog
es
QUESTIONLWhat noods to bo dMO to imPlomonttho ncw rogulationc to ctrongthcn local
academic senates?
^j!!^ar^?-^^dto!a^^t^iit^l^9^et^£d"o^^?t^^ta^t^^
a^^^m^;S
iu=53E
in_tormG of how tho dictrict carrios out tho regulations. Difforont boards anddiGfrictsmayincfudo
different amounts of procodural dotail in diotrict policioB. (However, sco rocommondationoin~tho
third and fourth anowQrc.)
?L..?^i^Ti[?^:.-ln-?doptinA,nov!f,pol.i.?i(?? on aca^omic and profossional matters, doos the
governing board have to moot directly with the-&ewrte?
*
Recommended by: ^Umc/^
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^.
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^ asmin Deiahoussaye, Vice Chance!!o
\
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£?
Donald Gauthieir President, DAS
^
Recommended by:
A9^
Adriana D. Ban-era, Deputy Chancelior
i lc^/^L^^
Approved by:
Dani(7!/d, LaVista, Chancellor
Chancellor and
Candaeie
Santiago
Secretary of the Board of Trustees
Field
Svonkin
Park
Veres
By
Page 1 of 19 Pages
Date
Corn. No.
.?
-.c:^ )^LJ^£^<^
I:SD1
Div.
Pearlman
Campos
Student Trustee Advisory Vote
Board of Trustees
Date
4/17/13
Noticed: 4/3/13
Los Angeles Community College District
Corn. No. ISD1
Division
Educational Support Services
Date: April 17, 2013
^j^ro ^04",m^tbhoear^?t""^lthdec^^^"1y°of3^1dc1^g"oa^°a^^^^
S^on^!ankcdbacic.^ ma P0^^0^^^ the rocponsibility-of-the
d.Mig.ncooto.communicato with.tho'r rooPoctivo constitucncioo on an ongom'gbacfc co'ao
to best represent them in the devclopmont of poficios.
^.^c^^a^d-^ltr^ttti^^c^tH^Jad^?^f9"^^t-'^^^"^^0^^^^
different approach used for the different mattoro?
Either one of the procodures can bo used to address each of ttio ton arooG defined oc academic
ton "academic and professional mtteFs.
4^,S^f?I19J^i^hvo^?.ii'?^whJ?!!i>!!.h^5=?l^o.co?ses in thor®g"^ions ("rely primarily" 01
mutual agrocmont") should bo used on a given issue?
I!!?tI^?I-g-c!v^^i!??-l?^'=IJ^OVCr.'..^l?_roc?m!rendcid th1at4he~te"caf®9orios of acadomic and
SSKi^ZKr;;K;;."^££ESKS;
dealt with according to which prococo. Thoao may then bo included in adoptod policy.
5^S?i^"LI?JlLif:lh?10Y?r^ln9^^.ch?osos,tho.?.ptiot? to"rcfy primarily" on the advice of the
academic senate in any of the ton dofinod aroac of "acadomic an
board required to accept tho recommendation of the oonato?
professional matters," is the
No. Title 5 regulationo cloarly ctato thot En most cases under the "reiy primarily" option the
rocommondation of the academic conato will bo adopted. Howovcf,-thew^e-conditionG'undc»
which the tecal board may nood to make a dccicion difforont from th'o sonato'o ro'commondatiefl.
(See next Question and Answer)
^^^JSJ,f.?l!lI^^^i?L?o-^Tlni,^?Ld..-wh^il,.choo£io.° tho f(roly Primarily" procodurc is
^^^y=!^£^^S^^
cornpolling reasons." What do those moan?
I?S ^la*tL<^ld..cLn?LdF-fil?!Lt?S !?rI^B.lfcx?OPti,°?aJ, CJ-rcum5?anGOG" and "compolling roaconG/
and those terms arc not intended to_havo a logal dofmitioH-Fbese tormsmoant'hat'bMrdcmuot
^??s??a;1,a^;i^ii:;;;;;,;..',;as=£S£
explanation for the docicion in an accurate, appropriate, and rolovant-wntext,
Boards-t®mptod to .rcjoct,arocommendatlon mi9ht; instcadi asf< ^o sonato to roconsidor the
recommendation in light of the issues that have not been rocoivod trihe-teewd'^att&feettm;
Page 2 of 19 Pages
Corn. No.
ISD1
Div.
Board of Trustees
Date
4/17/13
Noticed: 4/3/13
Los Angeles Community College District
Corn. No. ISD1
Division
Educational Support Services
Date: Aprii17,2013
I:^9-UJ^Ti°?lL^ ??^l°? ??_vor.nJnclb??r^whiGh ?hoosos th,o"mutual agreement" procodurc io
supposed to roach writton agrcomont with tho Gonato in any of the ton dofincdaroaG of "acadomic
andprofossK)nal" mattoro. When may the board act if it io not able to rcach'mutual agroomoni
with the academic senate?
ag^^CTtJrt^^t^^oimypc^hg^Jti^Mta?rt5?gS?^io^^
?sr?MK£;£'s;!;e=azaSs3S
boart decision must bo baocd on a clear and oubGtafttiwattenale which putGthocxplan^^^^
the decision in an accurate, appropriate and rofovant context.
8. QUESTION: When there is an existing policy, is the board pormittod to act without mutual
agreement?
?,(LJLth£r?.J!..!!? ?^tJn^^°^yLth3! p.c!licy^impiy ?.tayG ir!.offcct until mutual agroomont io
K^;sz,S3£<a;s;n '^assasiE&s
y^^ysy^^v^
described in question 7 above) without waiting any longer for agroomont
?L-.?«ll^I19?liL.Th.oi-!!?^y?!-?-?=T?n10^t"^ro.God?jrca,pp?^s tocontam dc ^cto ability to block
changos in policy when an pxioting policy'io in placo by failing to agroo to noododact'fon: What
would happen if this occurs?
L^?.ul^f?ia-^fa^h^i^^h?^o-g.uJationG.in<or<??rto.block.ch?nSO.S '"pof'cywhenan oxistEng
p°"cy.ism.plac°by!i"l'"g-t.°_a.groot°"°cd.(!d,acti0"- A °.onatc f;lcod with a board which'rofuGcS
?Lf?i!!!? .p.a.rti?i.pa-t.o_o.r,-^?s."Tt.cono^,ctiv?ly.ln tho a?omP! '? roach mutual agroomontmay
s^:;:»%;;^mK M";i>°sattass=
£^Gi;lt.^strucuvc!y;.!tJ!.^ikolythatoithm:thc,chanccH0'- °r -°"rt woSld-obJoct^
board which takes action without mutual agreement under those circumctancoG.
il^pr^fJlf^ult^ai"nt^itt^realthbaMh^h^fo sy^i?^loscct?v^^ar^cai^
legal, scope of bargaining? Can the local board-accopt rocommo'ndationoyrom the acadcmie
sonatc^or roach agrccmontG with the academic conato which cortFa4tet^&of!octivo'bargainmg
agroomont?
li?^ ?i"^rerc^ii ?tc^ q)l?ef^l!i1)^nv?hiJlhlb^l^mLn?h^o^l^cfl^^^^^9^ t107^l50d;i5n^
change ^"vt-J.wgaming law (i o EERA Govornmont Code Soction 3510 ot'Goc:) no7'thc"icgai
Ea^=aS^^'"aa
ss^ssssS;
coliective bargaining and district governing boards."
Page 3 of 19 Pages
Corn. No.
SD1
Div.
Board of Trustees
Board of
betweei
Date
4/17/13
Noticed: 4/3/13
Los Angeles Community College District
Corn. No. !SD1
Division
Educational Support Sen/ices
Date: April 17,2013
lli:?u!?J^:,..cfLrm-b??rd_a?d "T?n th[ou9h a colloctivo bargaining agroomont change o
poljcy^provioucly adpptod by a board based upon rocommondation of thc'a'cadomic wnate'o,
mutually agreed to with the academic senate?'
Y^^??,?^O^Jll??.r?JLrialol^it!1J!1.^h^s^^0 ?^??li?ctive bargat?ins lraybo no90tiatod bctwoot
;^vo
banning roprocontativoc and Strict govcrni,,g boSrdc-rogo^^-of-p.viouo
policies.
^^JJ^Jf2rlL?/!a^,th(L(lolicct,lvc bargainin9 agent delegate matters within the scope of
a'M'ss^aa^ssyss;^
Yes, to the oxtonf permitted by coHoctivo bargaining laws. The regulations stato that the intent is
to "rospoct agroomonto botwocn acadomic conatcG.'and coHoctivo"bargaining roproGontativco:::"'
13. QUESTION: IWust the district consult collogiaHy on the administratEve organizatEon chart of tho
college?
tNi^ s^c t(?foth3dS^tir^lt3sti?cn£p8o^i?bli!^°t<^ mcaoyn^ltaclSl^tg°ral^r' ?ifht:hrc^c£lsOTno3rtn:ance but is <>utskte
1iL<?^J5-II<^: :-^.o?-o^,o^^..t_h^.t??. a.roaJS_.of <,<acad°T'(?; alld Pr9foss'o"al mattorc" Ec
proGossosformstitutional planning and budget dovclopmontG." Dooo^thiG'rogukition'rclato to
the institutional plans and budgoto thcmoclvos, or only to the procoss by'which'plano'and
budgets arc dovofopod for prosontation to the board?
ILe/^f-3t.i?rt.roJ^to?-.on,iy.t.0 th.<? Pro.ccss" Ti?9 acaclcmic sonato's role is in helping to shape tho
SMCWW ucodfordcvotoPin9,thcP!ano ""d-b.^t^be^er, upon bythcgo^ming-board:
The board is not roquirod to oithcr-roly primarily" on the oonate-s rocommondatienwwaei
agreement with the senate on the plans and budgets thomsefves.
15/-?.^?!L^-:iLaJ???J^?ard-vlolatos_%? regulation.s' wilithG stQto Chancellor's OfficQ
intervene and/or investigate the case for possible noncomplmnco?
.p.^?bly^<??:-Yv^t^? <?.hon<?)IJC!r'.s.officF ^il! probabfynot bocpmc invoivod in a single JGGUO
^^^d!owa^awboarddnc^,^n °f violating tharcg^t?cno:ibe
Chancellor's Office has tho authority to enforce compliance.
16. QUESTION: Do these regulations have the force of law?
yjLS;iJI:?-d-i^cl!?Siir?^!~«n^mQJ(?a good faith offort and does not ultimatciy abide by thoco
regulations it would be in violation of law,
!^?JJJE?JJOhl:-.vvha1Lpovvors.do t,he Boarctof Governors have to onforce Titfo 5 roguiationc such
as the ones on strengthening local senates?
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Education Code Soction 70901 mandates that the Board of Governors octablJGl
t
mmimun
conclitlonLontit'in?dictr'GtG torocoivo ctato aida Currently thoro^rc GomoJS minimum conditionc
that districto must moot in order to rocoivo otato funds: The Board of Govornoro coi
withhold
S^ro^^?Lst^t^=d-^n^^t.osJabnGh?d.-m^
minimum conditions [s adoption of procoduros consistent with sections 53200-53204 of the
Admmistmtivc Code ThuG ono of the minimurrt conditionG that dictrictc muct GubGtantiaHy moct
in order to receive state aid is to strengthen local academic sonatos oo per the now rogytatioft&:
18. QUESTION: ff a Jocai sonato fools that it has oxhoustod all cincoro intornal efforts to work
cooporativoty with the local govcrmng board and bolicvco the now rogulationc contmucto'bo
ignored, what remedies can bo sought?
?i1s.tl ^ SJ???I?d?-^c?d-<i.n1^-s.cna?eJh,ould-be,con.t.a^ed !?r usof!J! ?dvJ^ and diroct SUPPort.
/MSO, the Sonato can moko oomo initial contact with the Chanccllor'G Offico to cook mfomai
resolution if pocsiblo. Tho Acadomic Scnato hac octabliohcd a Standardc andI Practicoc
CommjttooHiat will bocomo incroaoingty active in documenting, publishing and acting in the
resolution of senate rolo issues.
SO-c?-n?l.yiiLth.? Lo^alao.3.do?J,c,o,onat? !)?Jiovo£lhat th,9f° i^.ciloar and conGiGtont noncomplianco,
the local senate may contact the Legal Affairs Office of the Chancollor's Offlco.
l!t,^E^II^L^?^t^lo/JILltr^£r^^.K ^o^»t!!?,Jl^LC!^n^ud^mo?.of th^
Z£S;K=?S£S;SS"i '""M "m ."""'""
?!?:-. J^ee^'JJ1?.roiar<^oth?r rf?slu!a?ions and !aws which addrcss thc participation of the public,
students, staff and unions in district govewawe.
20. QUESTION: Should the advice and judgment of the acadomic oonate bo accorded groator
v^5^^ntf?^r^v^oo"and"JU*d9m^nt
academic and profossionaf mattoro? groups 3nd constituoncics in connoctio!
wrth
Lci!:,^bi^S.lu^tJ?n^lo:,J1L?.n5f t2Lthc-.int5nt??ft!?a reg^atioPG'?to onsuro thQt» whiiQ all
^;K=.^SM;;%y,^-!sss?ss
collegially" with the senates, as described in those guNetifte&r
GUIDELINES FOR IMPLEiVIENTAT!ON OF
SECTION 53200-53204 OF TITLE 5 OF THE
ADMINISTRATIVE CODE OF CAUFORNIA
Source Document: Participating Effectively in District and College Governance
The Academic Senate for California_CommumW
Colleges and The Community^Heae
League of California
Fall 1998
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INTRODUCTION
foh^o^o^'£?e^^^
^? ^a^|efco^'5at^i^^c^l?t|^wr^t^ d^e^De^irfa^
Officers. o[ the CaJlfornia Community Colleges (CEOCCC) and the Academic "Senate rf~ the
Caljfonm Community Colleaes. They have been endorsed bv the boards of directors'o'ftheCCCT
and CEOCCC and by resolution of the Academic Senate for California Community Colleaes: The
guidelines augment ones developed in 1992 by a similar joint task force
The guidelines are grouped by issue area and are in the form of questions and answers. The
questions and, answers are nonntende-d to, cover all situationswhidLm^be^ouB^^
address questionTmost frequently raised. In the answers_diveiofied^e2]^^^^
refers to a good Dractfce.^ut one that is not required. The word "must" indicates "the action
outlined is required by law or state reQulatiorL
The purpose of the guidelines is to Drovide assistance to trustees. CEOs. academic senate
leaders, adminisfrators .classified staff and students which wilenabjejhem.to fulfill the intenfof
effective DarticiDation in local decision making as delineated in state law and Boardof Governors
regulations.
PART I. THE LOCAL BOARD POLICY ON COLLEGIAL CONSULTATION
1. QUESTION: What is meant by the term "shared governance"?
^!?!lr?? f[?v£T-a.t!icTl' is-n.ot.a,t®_r7.that apDear?ln taw or reaulation. Education Code §70902(b)f7)
riaht to oarticiDateeffectiveivln district and colleae governance" and, further. to ensure'"the right
calls on the Board of Govemors^oenact regulations to "ensure-facultv. staff; an32a3he
of academic senates to assume primary responsibility formakina recomm.ndation^n the'areas
of curriculum and academic standards."
The intent of the Legislature En enacting this section of AB 1725 was "to authorize more
resPonsibnitV.forfacultY,members in duti^.^at are incidentaljp their-prH.ary-profes^
duties" and to assure that "increased^ faculty involvement Tii institutional'aovemance" and
declsio".ma,k.ina".does.nofconfl.ictwithfac"ltv riahtsin collective bargaining (S'ection~4n): fh'is
shared^ involvement m^he decision making process does not necessarily implv'total agreement
nor does it abrogate the ultimate decision making resDonsibilitToTth^locahSovemma board
T"le 5^51023-7 and.52023.5 state requirements for the "effective participation" of students and
staff. resDectivelv. in the devefoDment of recommendatEons to the aovernina board. fitfeSSSsids
requires the governing board1o-"consult coHeaiatlv" with the acaciemic senate'onacademic'and
professional matters (defined En §53200).
Consequently, ^the more precise Jerms cait for _the qovernEng board to assure effective
particiDation of students and staff and to consult colleaiailT^IiTicademicZsenates "Later
auestions will give auEdance on these two processes. The term "shared aovernance" can'taklon
many meanings and it is suggested that its use be curtailed inlavoFofthemore Dreciseterms
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2;-..<?H^S-T19N:.what l?.eeds ??b? don.e bY locai boar'ds and acaciemic senates to implement the
^J!lo.n-s.l?,l"!^e--ria-hl°,f,aca^ic.sePate;to.as^me.?rim-aroresDO"sibit^^
recommendations En the areas of academic and professional matters?
The-?en=a,t®.?n_d.t!1e ioca1 bo?rd oritsdeslQnee (usually the chancellor. superintendent/president
or President and senior administration) need to "consult colleaialfv" on the developmenLor
modificationi of the dFstrict policv for board action to impiemenf the reaulafions. This Dolicv^an
b^cKa! ^astater nt that the district^lofie.te^ordingjo the provisions of Title 5
§§53200.53204) or more specific in terms of how the district carries out the reauimS
boards and district^ may include different amounts pf_ Drocedural detail in "district'Dolicy
'However, see recommendations in Questions 4 and 5 on selecting relv B"^rN^m^l
agreement options.
3. QUESTION: In adopting or modifvinci policy on academic and professional matters, does the
aovemma board have to meet directly with thesenate?
No. The goyernina board and the senate may each designate appropriate representatives as their
voices jn^the mutual development or modification of policy on academic andDrofessional
matter. !^ is tiie responsibility of the desianees to communEcate with their respective
constituencies on an ohaoina basis so as to best represent them;
4. QUESTION. The regulations list eleven areas defined as academic and professiona! matters
^<^rcL=»ro^res nw OWI^M^^n^^
areas. Those procedures Include either to "rely. primarily upon the advice and judqm^ofthe
^a?S?Jl!?-rt?tfu' ?j]?7<Lea?tml;tuaL?a^emen.t" M,usta lo(:al board se'ect only one procedure
for addressing all of the.identifiedacademic and professional matters or canlhereje a different
approach used for the different matters?
Either one of the procedures can be used to address each of the eleven areas defined as
academic and DrofessEonaTmatters: the procedure need not be the same for aii-eleven;1t'is
^commended, although no^eauired. that the specific procedure selected be jdentified En Dolcy
for each of the academic and professional matters.
5mu?^I!r(^L^°\clei,c-?,Ti l??i?.L^f ^e^.^T^!?.!s^t^ ^aLlla-t[?.ns.rrefv, Drin;arily" or.
mutua^aqreement") shouid be used on a given issue relatecTto academic and proie^onal
matters?
The local aovernina board. However. it is recommended that the eleven categories of academic
and professional matters listed in the regulations be the subject of local discu^on^soiha^U
concerned will know in advance which issues will be dealt with according to which"Drocess
hese may then be jnduded in adopted pqHcy,
^-:^f,SJJ9?f.:x.vYt1yJ!L!Lre??.n1m?nd?d t.t1at.tl?e aovermna board poli<;y specify either the rely
primariiv or mutual agreement mode of cofleaiai consultation for each of the eleven academic and
professionai matters?
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i-n^D^??rincIJecomme.l?d.?-tion? to.t!1e c'ovemlnci board, it is necessary that ail parties know in
advance
their resDonsibilities for determining recommendations. It is im'Dortantfo'r'th'eaovemina
board to communicate its ex
sectations for the process of develoDEna recommendattqnsJPnor
agreement on process has the advantage of allowing the board to focus on'the'contentof
recommendations rather than on DroceduraMetajis;
PART II. ACADEMIC AND PROFESSIONAL IVIATTERS
L_9^?TION: The/eau.iati,o,t?s list e.lev^n are.as d?fined as "academic and professional matters."
What is the scope of each of the academic and professional mattersS
I?Le-i!^er}L(?f-t!1eJist.of.acader?1lc a!1d Drofessipnaf matters is to state more specifically the
breadth of the legal requirement for the academic senate to assume primarv resDonsibiiit'v for
"a,.^mmenclations..on :^^ ^. academic standards" .fEducationS
S70?01(b)(7)1. These-auidelines do not attempt to further definejhejstof:academic'and
professional matters. Often it is the context of the issue which dejerminesiUt is an'academic and
professional matter: ^ assist in this, determination,,the comDanion docum.£^e^os
S±q
,^iwJaw^JLD^i^-d.5S^gTce^S«^2
Mrticular issues ancT^ good Dractjce for their resolution throuah coHeaial cons'ultation
^^^,t! ^^,'tem^om^ac!d^-Mte^^^er^Wl-^i
.aareeo.n-addinaother is.s"e,s.asbeina subiect to co"ec"al consu.ltation. Academic'senates.'along
wth_aovernmaboards-and their desianees. are encouraged to establish Drocesses through which
the status of any Issue as an academic and professional matter is determmed
8. QUESTION: Is it helpful to have a process by which issues are determined to be an academic
and professional matter'?
y?s' s??^ei?-ca^rnic and ?rofessEona.1 matters, are ,br?.a?En scope, it is important that colleges
and districts have an aareed-UDon mechanism for clarifying when an item is an'academic'and
Drcfessjonal.matter-and.thus7eauinna COIfeaial consultation. Good Dractice for develoDJna N5
mechanism uwolves agreement between the academic senate or its reDresentativeteTand 'the
board or its desianee.
9. ^QUESTION: One of the eleven areas of academic and professionai matters is district and
colles
e-?oyemance.sAryctures- as.related tofacultv roies-lv!ust the district cons"lt coHeaialivon
the ac
h
ministrative organization charfbfthe district and/or collea^?
?l?.^H?vf-tt? Ladn1JnJ?tr^ion is oraal?iz®d r?ay.be a matter for wide participation by the affected
Darties but..'s.outside^the,SCOGeof the dlstrict^ resDonsibjlitv to'consuif'colleaiaiivwith'the
senate.However, orqamzational changes which affect academic and professional maSSSucgas
curriculum or faculty roieinaovernance would require consultation with the'academi^niii
lo*,QUEST19N:.AI?.?t(ler °.ne. of.the efeven areas of academic and professional matters is
Drocessesfonnstifutional planning and budget devefopment." Does this reauTation reiate'to'jhe
SS^S^SffiSS °r«"u -b" TO- ." "hlch '.'"" "nd ^
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The regulation relates only to the process. The academic senate is to be consulted coileaiallv in
;sah=% £to.ds=sr i?^ s?'£,^,-a- r^s:
recommendations or reach mutual agreement with the senate on the plans anT^
themselves.
PART IH. MUTUAL AGREEMENT AND RELY PRIMARILY
11. QUESTION: If the aovemina board chooses the option to "rely primariiv" on the advice of the
academic senate in any of the eleven areas of academic and professional matterajsjhe board
required to accept the recommendation of the senate^
N-o-'-I-it-!e-5Lr?.aulatio?s cleal;iv state that ^..n?ost cases under the "rely primarily" option the
recommendation of the academicsenate will be adopted. However. thereareMnditions'unde?
which the focal board mav-need to make a decision different from the senate's recommendation
he circumstances covering such a decision are addressed in the next Questiory
12-.QUESTION: A ,district clover"i"q board^ which chooses the/'relv primarilY" procedure is
normally supposed to accept recommendations .of the senate in any of the eJeSnS3
academic and professional matters unless there are "exceptional circumsSa
"compelling reasons." What do these mean?
1!^
^I?ti^I1^d^rrlol^efJI3^1tL^eliT£L^C^Dti?.n^1 ^S?fIat!C.^L?t\l ^con1?eillna/?,as°PS-"
and these terms are not intended to have a legal definition outside thecpntextofthis'iaw
(However, these reaulations do have the force of law. See Question 35.) These terms mean that
boards must usuaifv accept senate recommendations, and that in instances.where "a
recommendation is not accepted the reasons for the board's decision must be in writinalind
based on a clear and substantive rationale which puts the explanation for the decision m"an
accurate, apDropriate, and relevant context
Boards tempted to reject a_ recommendation might, instead, ask the senate to reconsider the
recommendation in light of the issues that have not been resolved to the board'ssatisfaction onn
cases in which the clarity. accuracy or completeness of the recommendation needs imorovement
^3:.9UJES.TJON:_A.distlyt Qoveminci board which chooses the "mutual agreement" procedure is
supposed to reach written aqreemenfwith the senate in any of the eleven areasjrfacademicand
Drofessional matters. When may the board act if it is not abte to reach mutual aqreement'withThe
academic senate^
Ltr^ftit?f ?fot^t'^ o^vnJi^nrl^LltE?i!lL?a^. t^^^^T?y^^ilho^l.rc?c^f.n?. ?-ut^?1
agreement if there are "compeilmq legal, fiscal or organizational reasons" why it ^£^S
^SlEle^!^??lD!'!l^^l?ef;ned ^ the rations and is not intended to have afeg3
definition outside the context of this law. (Again, the regulations have the_for^pfJaw.'See
Question 35.) It means thafinTnstances where mutual agreement with the senatejs;not reached^
board decision must be based on a clear and substantive rational that puts the exDlanationforthe
decision in an accurate, appropriate and relevant context
14. QUESTION: When there is an existing policy, is the board permitted to act without mutual
agreement?
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GeneralIY1.no- lf ther® '? an existina Dolicv- that Dolicv sEmplv stays in effect until mutual
ssws ^sss^^^fs
may act without reaching mutual agreement provided that it has made a good fait^effortto^ch
agreement and has "comDeHma legal, fiscal or organizational reasons" to act fas the term
"compellina" is described in the previous question) without waiting any longer foTagreemenj
l?"-.Q.U-ESJfoN.:Jhe,"mytual aareement" Procedure appears to contain de facto ability to block
changes in Dolicy when an existing policv is in place by failing to agree to needed action. What
would happen if this occurs?
!-t-^?.ulf[ ^ ??^!a^hl^,?4seAhe.reclu!attons,in.ord.erto.E>lo?k ch?naes in Doficywhen an existing
DQlicv^in Place by failing to agree to needed action. If a board refuses or fails to'Darticipaieo;
consult constructively in theattempno-reach mutual aqreemenLAsenatemay^ooseJoimtiate
the technical assistance process delineated in the Academic Senate/CCLC document "Assistance
to Assure Effective Participation in Strict and College Governance." (See Appen^HoShe
other _h_and,Jf^the^enate attempts to use the reaulations process to block^ board action 'by
refusing or failing to participat^or consult constructivetY, the board and chief executiye;officer
may seek help through the technical assistance process as well.
PART IV. IMPLEMENTING THE COLLEGIALCONSULTATiON PROCESS
.16'.QUESTION>: ,once bo?.rd Doli,cles op colleflial consuitation and effective Darticipation have
^sass=tsdures'structuresand committees be deve'0^
^^?-.OLtJ1e^?o.vern.En.?.boaIdDolicv °ncolJeQial consultation is only the first step in
comDlyinawith the reauiations. Procedures, structures, and committees mustje reviewed'and
revised to implementthe policy.
The academic senate and the aovemina board ctesignee should examine existing structures that
deal with academic;and professional matters. Those committeeswhteh are already
academic and professional matters, such as curriculum and-staff developm.nt.ihoyid^
reviewed to, assure Hiat theJ^tructures and charges are.afifiroEnateJSee^uestjoiULon
committee structure.) Where committees may not exist to deal scecificallv with an academic and
professional matter, ajiew^ommittee may be needed or, perhaps, the charge
.c?^r?Ltt^T-^J5?^05!f^ed;J:or.e^am^ef ^e "riat"culation advisory committee might be chafed
with developing propbsals for student preparation and success.
Throuahout this document, the work products of committees pertaining to academic and
Professional Doiiciesand^ procedures will be referred to as "oroDosals."These DroDosals:are
avai'ablsfor .wiew bv co"ecie ?rou^ ^ P?rt of the process to assure effective-particip^rf
those affected by such proposals. As part of their reporting processes, commjtteesforward these
w^±^ e^±Si^sCT^J:T!derationM!?§?!Sent^ter^^^
t!l:prop^l2e=i:=me!?datiOT: £! e.academ^enat^e^.t!^te<°
develop sucjiDroDosals. committees also may be involved in implementation of existing policies
and, _ procedures. JSee Question 19 .for a distinction among policv. prociuSd
LmDLe.mentatio"J)-,FOLexamDle; c"rric,"lum c°mmittees imptement curriculum'poiicies "by
reviewing proposals for new and revised courses,
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In all procedures, structures, and committees. students and staff should be assured of effective
Darticipation in matters which affect them. (See Questions 31 and 32 for more'on effective
participation of staff and students.
17. QUESTION: What essential elements need to be defined in order to ensurethat the committee
structure, used in coHeaTal consultation and to provide effective Darticipation. is functional'?
ftliFec?,rnmended tha,t ^e ch?rae to a college committee be clearly defined. This permits matters
withh^jhe^scoD^of^the charge to be handled by the committee; without overiapDina
responsibilities with other groups^ clear charge also lessens the tendency to:crea£3
committee for every new issue. fFor use of a college council to do issue manaaementjor
committee referrals, see the next question;
?^TTJt!!!LSJ1-(^!?Lha^Ld=ef^lt? ?!r?^!rsAfp'JV!e'?.bers.shouid &e chos.en for their exoertEse and
areaofresponsibiljty; noHustto.represent a constituent qroup-For each place on the^mmjttee
tte following should be specified: appointing body, term lenqth,_and voting status (ifv^s^to
be taken).
?.e eJ?i?^£!^eDSrt?-?r^h®rvrork Dr?du,cts sh9yld be delineated. including to whom the reports
are. submitted. ^Committee^proposais for policies and procedures on_a!!_a<;ademic;and
Professional mattersshould be submitted to the academic senate as well as beina'avaiiable'fol
review by other affected groups. (See the previous question regarding how a committee oroDosaJ
becomes an academic senate recommendation.
Operation of the colieae committee structure takes a commitment of the time and effort of the
???rcl!?.an.t^as.w.el.l-as,a.?o.mmitr?ent?!.reso^ces ^ th? instlt"tio"- All parties should:w^h
carefu
ly the deyelopmenFal needs, of the coHeae_[oJhe_extenLDOssible,'there shouEbe
consideration of,and accommodationHfor the time required-for student:' faculty.and^taff
DarticEDation which may be above and bevond their regular duties. Examples of accommodation
include convenient times andTocations of meetings, reassigned 7me. and granting oVfleri
work schedules. Consideration's also needed for technical and clerical suoport for committees
with specjal needs. Operational requirements should not be EanoredTwnttemnmytes shouTdie
kept of all committee meetings. Meeting times should be jirranaecLssJthatjLBSe
?lala«bie>.^e^d!!Ah-?-ul??eZdls.t^ut^.^^J.deauat? ^e far^^
for_members to DreDarefwmeetinas. Orientation and training of members should'beorovided
regularly.
^L?^fZf:?J?i: ^^eJ^SJltlt!?llLhJ!e.^?Iff?e-i<ir--d=^rJCA^?o-rlinat!n? ?.ounci1?, consisting of
re
3resentatives of the academic senate, unions, classified staff, administrative staff and students
wlat is the role of such a council within the dictates of the law and regulations?
Neither the law nor regulation^ call for any specifEc committees or structures, nor is a
coordinating council-prohibited. Many colteqes have found coordinatmg^ouncCus^ES
some cautions are warranted.
^.!<?^IITI-for-corlf?rmlnication or! comfrlo,n is^u,®s and forreDortina group activities are important
functions coordinating councils can play. Often a particular matter may havemDlications'fof
other groups that are not evident without discussion.
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Issue management can be another useful activity for such councils. Broaching topics when they
initiaHv arise can aiye aHDarties the ODDortunitv to DartEciDate in devising a common strateayJEor
addressinfl that topic: It.can be within this forumjhat the academic senate may JdentElssuS
which are academic: and professional in nature. These discussions can assure that topics are
oroDerfv referred to the committee charged with handling that matter. Coordinating councNs'aiso
Drovide a venue to resoiv^confiicts that may arise as issues work their wav'throuah.the
governance process.
However, a coordinating council is not the apDropriate body to make recommendations to the
aovemina board or desianee on academic and professional matters. Thesejssues'are
a
e
SDroDriately within the purview of the academic senate. Furthermore, care should betakenm
acma decisfon-makina authority in the hands of coordinating councils: The strenflth_of
?.a?^i?-t^-ig-overnaricejie? i?.re^?^enciatlons ^®ina macle ^v t^ose W11° have the necessary
expertise and are mosfaffected by the ctecjsjorL
^ol|:ueK^I'^lic^hSetaewopa^ntrTnyiti^51mTnVt|)en"tear^s''Rli^
the distinctions arnbnfl policy, procedures and Emplementation?
Si^l^^J cahn^).!!? ^CH^ ?^?^<?u^s,, ^1^ EJ??llTe^LonTL.a^e--n^t ^x.act\ .and..?D?cific
delineations should be made locally on a case-bv-case basis. That said, some flenerahzations
may be useful.
Policies give the colleqe general direction to accomplish its mission. They create the context for
action as we!) as foster a positive climate in which change_can_occyn_PoU_cies delineateThe
conditions which procedures must meet and state the_exfiectations_for_whan^to "be
accomplished. They are of a sufficient scope and significance that they^arejidopted by public
x!^^qwe^^^wedwe^^tt ^^e^to^^^^
specify those resDonsibleToTcarrvina out each step and mavEndud&Ttimelin'ebv which'tasks
are to be completed. ImpTementation means carrying out the steps called for in^ the procedure
20^ QUESTION: jor those matters which the^overnmq board delegates to the chief executive
office does colteqialconsutotion still apply? Is the governing board still responsible
the effective participation of affected aroues?
y?s^-b_oth.-Qu.e?,ti^s'_E-ducation code ^7^2^ Qives the ?ov.e.rninQ board authority to delegate
certain resDonsibilities to groupsor individuafs emploved within the districf. Those to'wh'om
those resDonsibilities are delegated must themselves consult colleaiallv with the'academic
senate, on academic and professionai matters. Before aqreemaJoJejegatLon, boards'should
carefully consider whether decisions are of a naturejhat they should be made in the Dublic'forum
ofJhe.board.meetma7Note that the.Brown Act- Government Code §54950-54962:" specificaiiy
requires open meetings of arouDs to whom boards have delegated authority, suchi:asjhe
academic senate.
??.n-51Lr!1??.^rs-?^e?at?.d t°Joti?er.s' thefl°veminfl board stilt maintains the responsibility to
assure effective DartTcipation of students. faculty, and staff. The'academic senate stiil retains its
ri.?J^loDI?SeJs.sue.?onJh?board a.a.enda an<?f? DresePt its vi.^ws t-°.the board fTitle 5~^53^3i
with the understanding that reasonable, accepted procedures wifi be followed
Page 12 of 19 Pages
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Date: April 17, 2013
21. QUESTION: What features characterize an effective colleaial consultation process?
Colleqiai consultatjon requires mutual understanding among the faculty, administration, and the
?oveminQ ^oa!fd> Suchundeiitandina requires an awareness of interdeDendence, a commitment
to communication, and the exchange of ideas as well as a commitment to joint action in the
interests of solving educational problems or setting educational policy;
I^I?-is-nf!.i?.n-e-^t-n???°.d^[<?.r .f.?-?j?met?.tin?..coileai^! consul^o"" Each collede tends to
develop a culture of its own within which colleqial consutatio^akesj,!aceJieyertheEsZ2S
features seem to be common among those colleges with effective Drocesses
One such feature is a clearly defined governance structure that includes an organizational chart
charges of the^ councils or committees, and defined memberships and Drocesses.Treauia
program should be established for old and new members of the aovemina board;administration
and faculty, to acquaint them with the principles and practices of the coHeaiaTconS^n
r
structure. When everyone understands how the process works. and the structure T'used
consistently, it allows for success
Communication is also a hallmark of a good coHegial consuftation process. Venues are created
for.keYJeaclereto dJSCUSS matters,in form^ ^^ such. as.a coordinating-councii.^e
Question 19 on the role of counciis^lnformal meetings canbeTetd between key l.ad^between
formal meetings to furtheFunderstandina. but official conclusions should be a partof't'he'formai
process. All partEcipants musTmake a conscientious effort to keep one anothennformed
The need for trust will often be raised in the context of shared decision-making. Trust is fostered
when wen established princtpteslnd-practices of colleqiatitY^ adhered to bv aMn.addJtKm
tl:ust.ca".b.e.b."llt.by-crealtinaTDOOrtunities
for i"divid"als to establish professional relatio'nshw
in a variety of venues.
CoHeaial consultation works best in well-run districts where expertise and defeaation of authority
is-resDecte.d.and.wherereDrese,"ta.tives are ODen and honest a"d are committed to "working
tociether for the benefit of the students.
22. QUESTION: Can a CEO make faculty appointments to committees, task forces, or other
groups dealing with academic and professional matters?;
NO'Jltle 5 ?53203tf) reQuires that apDointments of faculty to arouDs dealing with academic and
professionaf matters be madcTbv the academic senate after consultation with the'C'EO" or
desjaroe.Furthermore,^consuitation is required in establishing committees ifthe'ourDoseofthe
commjtteejsjp deveiop Doficvor Drocedures related to an academicandDFofessionaTmatteLCLr
as_oart^of th^ebasicciovernance structures set_forth__in_the board's Dolicv'on "coiieaiai
consultation. (See Chancellor's Office Legal Opinion M 97-20. October 23J997
?^5^?TJ?^LWAaAdo th,e law andreauiations say about particfpation in colleaial consultation
ofcollefle and district senates in mulfi-campus districte?
Deil.ea.atio-n-?!-au?/1?r,ity and resDonsfbilltv by a aovermna board under Title 5 S53203fa) can be to its
MUea^senate, district sCTate. or both. In districts with a distn^
5.s53202'-aOTeT!"a boards mav est.ab!ish Do"cies delineating colleaial consultation wFth'cofiae
senates oniy, district senates only, or to both,
Page 13 of 19 Pages
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When colfeaial consultation involves both college and district senates, distinction should be
made between recommendations that involve college matters only and thosVwhi.£h^32rg
scope. This is a locafmatter to be worked out among the senates and thej?oa'rd~o'r"its
desianeels). It is recommended that on district matters the board soecifv the chanceJior as its
designee and on college matters the desianee be the coileae president
^ln?.!fl.^ISFlL^^.^JEt!!*tilI!?,!!2.^0J -c?ille?iai.<??r?-UJ!??Lojn .bT_ !'?s?ected while addressinq
opportunities and reauirementstb which a colieae must respond auJckly?
P.e^!??Tf?^!,ef!e5.tiY®po!lci.esand.l:)ro.c,®,dur^s t?.(i:.es.time-lssues reauirina the development or
revision of.polioes and procedures should be identified as earlvis possible and the^nsuEJon
DrocessJnit!ated riaht awav. DeveioDment of proDosais En isotation which are then brouahtTito
consultation is not a productive methodoloav. Prolonged" debate without' conslructive
reSomm^S.nMd^,extends.^sok!tK}n^the.resue-All Parties shouki-a^e-'io
reasonable timelTnes at the beginning of the consultation process
???!?^!^lres^fliLisJhe. l?e,ed to m?ke.a cf?cision in a short timeframe imposed by external
considerations. Districts which seem to handle these situations best are thosewhich'havea
comPrehensive,Plannlnc'ProcessJf the instit""°" has .fo^^hLand agreed-upon'qoateSd
SX^&.S'SSS.^SX'SSSST^SS'.S^
tems^wjth short deadlmes often necessitate the academic senate president and'coiieae'Dreside'nt
cpllaboratina without ooDortunitv to obtain full input from the various constituents.Evenmsuch
circumstances it is expected that the actions of both Dresiden1swilfnofbe1ncpnsisteniwith~the
established positions of their respective groups:
PART V. ROLES OF THE ACADEMIC SENATE AND EXCLUSIVE BARGAINING AGENT
2-51..cluE?TLONLCa.n theJocalb(?a,rd choos? the acacfemic senate to be the organization that
rePresents.facul.tV i" mattersjhat.have previously been collectively baraain.d or are^^^
legal scope ofTaraainina? Can the local board accept recommendationsfromihe academic
^^^reach
aqreefflents w the academic senate
aflreemenf;
i!?.e ??-sv?.r-^i?.(?th aue;stiol?s is no,-T,he. c'ovemin(? board may not leaailv delegate to the senate
any responsibilities or functions-which-belonq to the e^s^^es^^-wmM^
chanae_collective bargaining law (i.e., the Educational Emplovment Relations Acl Government
Code_S3540^t_s6C.^ nor jhe legal scope of bargaining. The regulations soecificaliv'Dointout'that
nothlTOinthe-BoardoLGOTemors'reaulation?mav,b.econstr.uedto"de'ract'^
agreements between collective bargaining and district governing bqards^
^'iES/U^IS^i5^^2a^
!ni?«^Lioi!Lt!!LO^La.5flllcJ?YL??;?amJn^ .aclree.ment chanae
policy previously adppfed bv a board based upon recommendationi of the'academic senateor
mutually agreed to with the academic senateS
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YesLMatters.aPProPriatelV within the scope of collective bargaining may be negotiated between
collective jMroaimnajepresentatives and distmt aovernina boards 'reaardless''of previous
POHCJes;citinc' ti1e Edu"t'°"^ Employment Relations Act (EERA) in-GovernmerCo£
53543.20). ^The scope of representation shall be limited to matters relating to'waaes.'houreo'f
employment, and.other terms and conditions of employment7rTheTe terms andjonditions'are
thenMumerated in^the Act. Furthermore, exclusive baraainina agents have the right to""cons~ul]
on the definition ofeducational objectives, the determination of the cQntentofcourses and
^Slt^e!^
tex^oks^<WT^EERAdoes
Code
the fu
3roYisions and-..as,stated '" GovemrT'ent Code S3540. "shall not restrict, limit, or prohibit
S otJttlfun^.of.anV-ademc.!enatewfacu^c°-" esfabHshed^
school district in a community college to represent thefacultd!Lmakmajecomm^Emo1hI
administration and aovernina board of the school district with respect to district'Doiicies on
academic and professional matters, so long as the exercise of the functions does^ot'conflict with
lawful coiiectEve agreements.
»
^!L-?^?JI?rl!L^a-v-.the.c.olf_ect.ive b?,raainin<:! a.a?nt deleaate matters within the scope of
bamainina to the local senate and may the senate delegate matters within the scope of the'eteven
defined areas of academic and professional matters to the collective baraaininctagent?
Yes, to the extent permitted by collective barsaininq laws. The reaufations state that the intent is
to "respect agreements between academic senates and coHective bargaining reDresentatives
»
PART Vi. STUDENTS AND STAFF
28. QUESTION Does the phrase "rely primarilY upon the advice and judgment of the academic
sena^mear^tha«he aovemma board should not receive and consider the advice and judgment
of others on issues of academic and professional matters?
^o:j!lcl!e?iA13e/^a.r!=othe.rr?^iat!ons and laws which address the participation of the public
students, staff and unions in district governance,
Ii?!^j!510-2^Z^eilu!^SAhe_a?vem!na Soa.rd ^° "ad.?Pt. policies a"d procedures that provide
students the opportumtyto participate effectively in district and college qovemanc^;^de^
are.to,ParticiPate,,in "formulat'on and. development" of polides and procedures tha£B
significant effect" on them. The regulation lists ten areas pLsychjdflmfJcamSaa
(
which are quite similar to the senate's academic and professional matters. Boards are'not to act
unless_studentshave,had:tHe opportunity to participate, with the exception of .Wor-^^
emergency situations" and sha!l_give positions of the students i<reasonab!econsideration."'fhe
regulation states the intent that boards are to respect the agreements with senates and'unions
while working withstudents.
I^le.=?.§?^23-'?..1ea-uirTSJh^aovem^a b.oar?i to "aciootDOIi?Jes and procedures that provide
dist"c.t.a"d,,co"ea.e.st_aff.the.oDDOrt."nitv.to osrticiPate effectively In' district' and rcoU'eae
flovemance," However, areas that affect staff are not defined in the regulation but^mam^
thatjhe aoyemina board reasonably determines, in consultation with staff, haveorwiil'have'a
sicfnificant effect on staff."
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Date: Aprii17,2013
The role of the exclusive bargaining agents is explEcitlv protected in Title 5 and is cited in_the
^ca-ti?11aLEmlolovrn?nt ?elati.ol1.s Act. fs.ee Government Code S3543.2yTheDubIic~is granted
accessto^^rnmaboardthrouclh ^ ^ ^""q Provisions^ the Brown Actlg
Government Code §54950-54962;
29: Q.UESTIO^What are c'ood Practices'to assure effective participation of students and staff in
the process of formulating recommendations which affectthem?
Student participation can be strengthened in several ways. Student leaders can work with the
c^teae leadership tojdentifv committees whose charges incorDorate the'tenareas'of'sianificani
effect on students.^Student membershio can be soecified on those committees~The'names"of
those^o.wn")articiPateon,committe^"" ^ identified early intheyear:Tis ^o^M
lommlttees.meeLat.reauiarlvscheduledtimes conven'e"t to students interested"in"beiiKE
members'J3t"dent members can benefit from °"8."tati°." and trainina'and;from"havina"an
assiamd mentor to assist jn getting to know the work of the committee: An effective strategy to
strengthen leadership skills is to have a student government course'as part of'the'cumculum
^m^^J)etw^the^ud^^~nt^eacadem'c-n;i^
- ofl-Srou^carLbe
improved by having liaisons attend one another's board meetmcjJ;
^!r!L^ra-tive..sta.fLhav?.a r?!? bevondthat of the chief executive officer functioning as the
boar(fsdesia"ee;J<Lisadvisedthatcommittees dealing with specific toDicshav^the'Darticioation
of_m level administrators in whose areas of responsibilitv those toDJcs'faii: That particiDation
may^as
a resource, asamember, eras chair^endinaonth^oca! colleqe decisionSng
process,
?ia^^s^[f;^^l^:S!?i^L^?J^t?fL!?r!Il?^.?nd-dev,?l?PTe,nt of Dolicies and Procedures
on matters which sianificanHv-affect staff. Committees and task forces on campus whic'h'deal
with those issues shoufcmave classified staff as members. As with all committee'members
^s^s^^ben^irom
orientation and traininc'and fro- mentoaelat.Qshlnwit^
seasoned committee member.
.30;=^E.?Ti°!l:.s!1?lf[d the..a?v!c® an.d f,ud?.ment of the academic senate be accorded greater
weight than the advice-and^udament of other groups and constituencies'in'connection'wit'h
academic and professional matters?
Yes. Subject to Questions 25. 26. and 27. the intent of the regulations is to ensure that, while all
relevant constituencies.should have the opportunity to partJciD^-boardrmug^ffiIe
are,ater.,,weiahJ.to -a<:ademic. senates J" academic and orofessional matters'bv 'consulting
colleaiaflvwith thesenates. as described in these guidelines,
?l'-.Q^.E?J!?-N:-.what?rethere?Don?iblf'ties.ofthe academic senate to obtain input from staff
and students on academic and professional matters that have a significant .fBS
groups?
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!?,,l^^re^lo^?L^LS^?Iyi!!s:L-^OJ^d^r^i-?n^5^?.?iu-e^.s..fo^co consultation [see
Question 16) provisions must be included for the effective participation of sfud.ngSEsS^
matters, which affect them. Proposals which come from committees ^rGc^emic~"and
professional mattere are available for review bv all college constituencies and are'consideredm
open deliberations at academic senate meetings. When such DroDosals are' heard-'bv"the
academic senate, every effort should be made to engage affected parties in th. denoSjHn
this manner the academic senate will have considered the input of studenteand^tafN>efQre
making recommendations to the qoverninq board, (or its desianeet on ^t.BEn§
students and stafFOf course, all parties may directly address the^ boardas ^deliberates ontte
ultimate decision.
?^<?u^?iTL9!fLVV-hal<?^ be.done,toe^uc.ate alf m^n1bers ?fthe coilecie community Darticipatina
;n_the_coHeaiaJDrocesses concerning the law. regulations, best Dractic'es'ofdecis'io'n'makm'aand
the issues .ynderdTscussion?
9-o-o.<?-il?f?ctice.smlcih?,inclu?<e th^ ^ollowincl- All participantsjn the governance process shoufd be
oroyided coDjes of the relevant laws. regulations, and district Dolicies and'"Drocedures~Tt j
recommended that each standing governance committee have a handbookofsuch information as
we!!-as.rep°rtslnd rmnutes.aenerated in Drevious,vears-,The first annual oraanizationaLmeeting
rf^,^^ttee^id^de^.tow ntatio^tram^°"^""-i«-^^
arocedures.The leadershiDoTconstituencv arouos might get together in a retreat formatat "the
3ealnmnaof eachacademlc vear to.review the Qovernance process, consider Dnontiesforiie
coming year, and build personal relatEonshifis^
PART VII. KEEPING PARTICIPATORY GOVERNANCE STRONG
33. QUESTON: Are effectfve Darticfpation andcollec'ialcons^atjonpo)icies and practices
subject to regular evalyation and revision as necessary by the aovermna board?
^.h!i.e.t^r^-'?_no,.re?l?i[en1ent-th?t such Policies be feaufarlv reviewed, it is a good idea. The
review.Droces>s.should<be Tt"a"v,aw,eed upon, and. further. the board Dolicy should specify
that recommendations for change should be by colleqial consultation with the^cademjc'senate
(onjhe_board Dplicv^fectina the academic senate) and by effective DarticiDation-of"s'taff"and
students (on DolicEes affecting them).
!l?.h^uJd.J3.eJ?^SE!)J? !°.C.a.llY.ofJh? Da^ies to.initiate the process for review of these policies. It
may be the case, forwample. that a change in leadership might bring new Dersoectwes'to'the
decision making process that might engender a desire for certain. imDrovements::However
districts should take care that the colleaial consultation process is not built'Q'njndividuai
strengths that may be idiosyncratic to particular leaders,
?^.?^^Tlo^:.,Howcan theacademic senate and other constituent groups and the local
ciovernina board ehaaQe in mutually productive dialogue?
lt]???i-n.?-.m JPU.tu?!lv Dro?uctive dialogue is based on respect, trust and willingness to seek
["formation._ Mutually"productive dialogue may take place at regular business'meet'inas'of'the
K^T" aand communitV for"- and^rd^^ssion^nd.t^Sby
sharing wnften information.
Page 17 of 19
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Corn. No.
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Date: April 17, 2013
^n?-eL.t^DrovJS,lon_s ?[t^?. Brov;ri ^ctl apvernina board meetings are open to everyone. Ail
constituen,tmembers have the riclht to Address the board on items on its agenda a^^eg
under the board's eymew.
Beyond legal requirements, boards should recognize the special role that academic senatesjmd
student^and staff oraanfzations play in deyelopina recommendations for board action.'FoHowJna
are^ome.,su?ae,sti?r?s.to,str®nflthen that/ole7 Organizationalrepresentatives may be seated
Prominently to facil;tate;discourse with the board. Reports from each oraanization'mav'be
regularly aqendizedTltems on the board agenda which were developed through sianificSnt^aS
student, ^orstaff^ involvement can be jointly presented bv the aDDroDriate'oraanizationai
representatives. Commentary onboard agenda items can be solicited fromthejienate: studint
?^s^?(;TiT^iiy?s wlthout restrictions such as ti»i"a out soeaker cards and" bema'subject
to short time Ifmjtatioris.
In addition to reaufar business meetings of the board, other opportunities can be structured for
mutually ^roductive^ialoaue and education. Study sessions, workshops. and'coHeae'and
commumtyJorums_oftenJ3rovlde,a moreoDen environment for board members'; ke/commumty
arouDs^ancl.co"ec'e,lea<:lers to e""?c'e.i" discussion about external trends and'broad policy
direction and for the boardtoshare its vision and to hear about activities mthedistricfrelatedto
achiwina_thevjsio^and mission. Sessions such as these enable constituent groups 'to' identify
and address areas of agreement and concern early in policy discussions
PART VIII. COMPLIANCE
35. QUESTION: Do these regulations have the force of law?
y-e?.'.ili?-?is?.rict-b.°?.rd ?oe?..n<?.t ma^a aood faith effort and does not ultimately abide by these
regulations it would be in violation of law]
36. QUESTION: What powers do the Board of Governors have to enforce Title 5 Regulations such
as.,th.e-o"es_o"-ensu,"na,theriahtofa<:ademic senates to assume primary resDonsibilitvTor
making recommendations in the areas of academic and professional matters!
Education Code §70901 mandates that the Board of Governors establish minimum conditions
e"tit!ma.distric.tsto.receiye.stat,e.,aid; The. Board of.G.ovemors can withhold fundina'from'any
district that does not meet established minimum conditions. One of these minimum conditions'is
adoption of procedures _consTstent with sections SS53200 . 53204 of the Caiifomia"Code' of
Regulations^ Thus one of the-minimum_ conditions that districts must substantiallv meet in orde_r
to^recejyejitate
aid is to assure the effective Dartjcipation oflocaTacademic senates as pe'tjhe
regulations.
37. QUESTION: What are the responsibilities of the governing board and chief executive officer to
implement the, regulations to ensu^he-effective participation-of faculty, staff and studentejn
district and college qovemanceTWhaTobliqations.does a TinflJx>arcLhaveloS32
l=xsr^academic and professional
Page 18 of 19 Pages
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Corn. No. ISD1
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Date: ApriM7,2013
The board ^"s^ohold the^eauirements of EducatEon Code §70902fb)f7) and Title 5 §53200" 204
(academic senates), §52023.7 (students) and ^51023.5 (staff). As the design.. oISe^dS
^lT^l^:!s2ike^^^toM[rv^^rec^ions:when-u^
on an academic and Drofessional matter, the local aovernina board must first ascertain that "the
coHeaialconsultation-Drocess has been followed. If not. action on the item would then be delayed
until such consultation has been obtained.
38, QUESTION: If the regulafions are violated, will the state Chancellors Office intervene and/or
investigate the case for possible noncomotiance?
yiolations of Title 5 Regulations may be reDorted in wntina by filinQ a written complaint with the
Legal Affairs Diyision of the Chancellor's Office. The General Counsel will inv^tiS^ie
complaints and determine needed corrective action to assure compliance with the reauiations
39. QUESTION: If^a local senate or CEO and qoverninp board feels that it has exhausted ali
=s^srcooperativelv and believes the requlations continue fn bfi i^nored
The foliowing steps are recommended. First, the representative arouD--the statewide Academic
Senate or_ the Community College Leaaue-should be contacted for useful advi^and direct
?.UJ?!??;i ?T??^?iv-\t!^JOC.aLa e ?t?,.a,nd,a^ board mav mytyallv regy^t
technical_assistance through the process estaUished jointly by the Academic Senate and-the
^q^a^^^-^^^liCTWM^ ar^^^^
file a complaint with the Leaai Affairs Division of the Chancellor's Office. Finaliv: the local sen'aie
may pursue remedies with the state Attorney General orm_coyrt
Page 19 of 19 Pages
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B
*
NOTICE
'ft,
April 17, 2013
Los Angeles Community College District
Corn. No. BT/A
Division
Board of Trustees
Date: May 1,2013
Subject: AMEND CHAPTER XVII. ARTICLE III OF THE BOARD RULES
The foiiowing motion is presented by Trustees Veres, Santiago, and Park:
Amend Chapter XV!!, Article l!i of the Board Ruies as follows:
OFFICE OF THE INSPECTOf^GENERAL
BOND PROGRAM MONITOR
17300 Estebtishmeflt Retention of the Offico of Inspoctor Go.wal.Bond Program Monitor
The Los Angeles_Cpmmunity College District board of Trustees and Chancellor authorize the creation
^Arf OOT'ro^^o^c^ala^^^en!ure a'te:^^mfundedby
^ ^Sl'c^^s^^ize^wn^n4^^1wp-^^
K^itio.nAP/°i?!?ion,AA; ^ Measure J ("Bond Program") is performing with'the utmosi ^
Bond.proc'ram Monitorto '"vestiqateand report on circumstances involving action or inaction tiy
an-empioYee:.contractor' consultant: or.Trustee that the Bo"d Program IVionitor reasonabiv
suspects may involve, or aid and abet in the occurrence^Lmisconduct^onstitutm^frai
somcono affiliated with the exercise of a right or authority granted under a discretionarv1aw"rufe
or regulation, oross mismanagement or other actions or inactions occurring in the context of an
evident_deliberate or reckless-disreqard of an actual or probable waste orjbyseof'District fun^
and its Bond Program.
17300.1 Reporting
A. General Reporting
The Inspector Gonoral Bond Proqram Monitor shall report directLy to the Board of Trustees, but be
fcted an^[wed- aS:c sbythechance"or. to the extent that reports reflect
matters^under investigation for which a final determinatjon has not been made, such^ortsshJ
be, treated as confidential pursuant to the "deliberative process" exception oLthe^aHfomja
Public Records Act.
8, Executive Briefings
As^6mmel by^^DistrictL.the.Bsndf:roq^m.!*/tonito^".provideperiodic.briefinc!s vri
rePortS..tokeeP.executive manaciement for theDistrict^pprjsed of important undertakjngs^the
Bo.n,dproy.amMonito^their outcomes.and other matters ^ warrant attention, includinfl^y
advicetothe.chancetlor ifanyempiovee; official.cont^ctor, consultant or Trustee
impede or obstruct any investiqationor other activity of the Bond Program Monitor
Chancellor and
Candaeie
Santiago
Secretary of the Board of Trustees
Field
Svonkin
Park
Veres
Pearlman
Campos
Student Trustee Advisory Vote
By
Page
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Corn. No.
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Date
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Los Angeles Community College District
Corn. No. BT/A
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Division
Date: May 1,2013
C. Semiannual Reports
The Bond Program Monitor shall make semiannual reports on its activities, which shall be
available to the
3ublic and, not later thar^three days after issuance of any report that is publidy
available, post that report on the BonTProaram Monitor websife. Such websife shalUndyde a
?^^e^aJ^I;^^i^fvJ?.^[-LIle5^?^a^^a^J'?^LD^O^i^?rFI?tion
report, or Dortion thereof, by means of electronic transmittal of thejnformat[on, or notice of the
availability of the information, without further request
17300.2 Generally Authorized ActivitLes
The Inspector Gonoral Bond Program Monitor is authorized to interview witnesses, take testimony,
and demand the production ofiU any information, documents, reports, answers, records, accounts,
papers, and other data and documentary evidence the Bond Program Monitor deemed deems
materiaj, relevant and reasonably related to any au^T-inquiry, or investigation of misconduct related
to the Bond Program undertaken by the Inspector General.
17301 Powers and Duties
The Inspector Gonorai Bond Program IVIonitor shall have the following powers and duties:
i^iitJ£ Ji^.,^';rfc.L-4ar.? con^u^t mvost^?.t1?^:?^. a^cli^..c*e®19n0^ ,t? ,Pror?10t(i
?.ca^unt?l^Y.to,tho_^i).lic.anctto,insurc {^?. oconomy'offEcioncy; offcctivenoss, and intbgrity of
the Bond Pfegfam monitor day-to-day operations of the Bond Program insofar as may involve the
detection, prevention, occurrence, or report of misconduct, or the threat of misconductj-efated to
the Bond Program;
B Tto receive and with integrity, obiectfvity, independence, and confidentiafitv
frlv?s!ic!ate _(?im^aln^ concernin9i:ncidentsof P2.ssible misconduct misfeasancc, malfeasanco:SF
violations of laws, rulco or rcgulationc by any officor, cmployoo or appemtee^ny dopartmcnt 01
contractor firm directly responsible related to the Bond Program; and
=..9'..% imfclstiP?toJheJ?orf?IT1anco of.LACCD ernployo9s and contract staff, appointoos
performing work related to the Boncj Program, in order to dotoct and prcvont misconduct within
tho programs and operations evaluate the poiicies and procedures aoverninQ the Bond Program
as well as where appropriate, the performancTbf work related to the Bond Program, in order to
develop recommendations on revisions that would facilitate prevention andj.etection of possible
misconduct related to the Bond Program;
D. To promote intogrity m the administration of the programo and oporations, identify
any potential for misconduct therein, and make rocommondations'to the Board of Trustees and
Chancellor for policies and methods for the prevention of mEseottcluetj
E. To report to the Chancellor and Board of Trustoos concoming rosulto of
investigations undertaken by the Office oftespeeter General.
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Los Angeles Community College District
Corn. No. BT/A
Board of Trustees
Division
Date: May 1,2013
1:7302 Creation of Whistleblower Hotiine
i^j^t
?^?f^t^^a/SOL;!P.??!?t?l<Ln!L^tt^ III?I!iof^r^^°J?i'tJtl?e il,n^c(i,tor .?cnorQJ ^nd
Program Monitor is directed to feate^ maintain a toli-free "Whistiebiower Hotline" and a Dost office
box for anonymous reporting, for the purpose of receiving citizen and employee TeportT^ISStie
corruption and misconduct rclatedjo ofthe Bond Program. Unless tW caller consents to
^?JS?J!^.%e,JSEJty^f,!?^ Ji^^^L(?!icln,3JLCfiiiL?Lsui^?LI'Lg- -;l.,oo,nflpl?inTto,tho .h?tli,n^
Sr^ir??^ILr?.D^S.?I^ELt?=theIT1_aximum e.xtel?t al!owedbv aPDticable law be kept confidentja
?-urj!1l,a^d.aAO-r ?.0 i?v55!lgati??-of ^y. complaint made by tho caHcr unlcGG the cailor conGcntG
^?J^lo?^i?IJi^J^^!^iLl^i?l^J^T^r!q-^rS!^i.s^=?s^r^of,^
?e^on^.[ny?Jy-ed^n.!he.-reDort',na, ?h<?ijticLnot l3salerted .u.nti!.an tnvestiaation is comDfete and a
corrective action is recommended by the Bond Program IVIonitorand aDproved by the D)stnct_AH
reports received shall be prioritized and investigated according to the nature and urgency of the
allegation and the credibility of the report. The hotline and post offjc^boLwUf be publicized in a
.m^^f .^?5^ably-.de-SJ?^.ed ^.reac,h a11 efnDlov^e.s' contractors- a"d consultants, incfudins
^jl^?jil^TE^i^!iy«?^lni?^ln^r^?}I«-j??!^^t:j?-stl?^
providing links on the websites maintained by the District (including, without iimitation, th^Bond
Program website) and the Bond Program IVionitor,
17303 linvestiQation Reports and Other Documentary Materia
A. Pubiic Summary
Uponcondusionof arilnvesti9ation i^to^osst^1?, TJ,^^tlct:.a_^_T t^e. mlerest..0^ aocou^ab!jity' ^e
!n.s.p.cc.t5r.GcnoI°l B<?nd.pro?ra.m.?/t?mt0^ shati prepare a written report on the investigation as
aoDroonate and,such,rePort shal! berejease<i^o^^ ^®y^summory of the report ("Public
Summary'')^publi^ subject to any nedjctions^ JheSondJtoflrp
Monitor's investigation reports should be provided PubtJc Summary shall be dciivorod to the
Chanceiior and the Board of Trustees, ancTmav be forwarded also be provided to parties affected bv
or involved in the investigation, if appropriate.
B. Investigatory Materials
n light of the purpose of the inspector General Bond Program Monitor as stated in Board Ruie 17300,
lhe.re.co[ds..ofJ^eJ.n8Pe(itor.Gon0!'01 Bond p/°?ram ^on^tor are Presumptjyely deemed investigatory
records exempt from disclosure under the California Public Records Act. However, materials provided to
the Board of Trustees for a matter that wil! be discussed in pubiic session must be made available
contemporaneously to the public as required by the Ralph M. Brown Act Materials that relate to potentiat
oir.ex?t.tn?-li!i?a.tion),en1pioYe?.pri\acy c;rother m??er?. exempt from disclosure or subject to a lawful
closed session discussion shall not be subject to public disclosure except as required by law.
17304 Duty of Vigilance and Cooperation in investigations
I1S!1?J.E ^elh^-d_u!^ °f.everY-?mpi?Jee' ?on^r9c?. profcssional conti'>actor. consultant, and or Trustee
Board Member to cooperate with extend full cooDeration and all reasonable assistance to the
Ifispeeto^GeneFa^ Bond Program Monitor and his/her desicmees in connection with any Bond
Program Monitor investigation, and afHrustees, empioyees, contractors, consultants are expected
to be vigilant in preventing and reporting fraud, abuse, and.corryetjon wctertakefl^su.HK-te
this Article.
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Los Angeles Community College District
Corn. No. BT/A
Division
Board of Trustees
Date: May 1,2013
17305 Retaiiation Prohibited
^^?lo^ee^??^tra?Aor^io^?^?[1t.veft^..s^dent:.,O^Tmstee,.sha!! re{aliate sgainst, punish, or
£ena"ze.a.".yPerson.¥.com.Pla.inin9^0'COOPerati^ with; or assisting the Inspector Goncrol Bond
.p^y-a.m^M.oni!or;JiLihe.^erfo.rman^of.hisor her duti?s;Any ^ployee, contractor/consultii
vmd^ student or ffrustee who violates (he provisions of thB
action, in accordance with the due process provisions associated: with his or her position,
17306 Reports an4 Referrals of Investigations
:>fLT;S9-? l?!lirI!ill?ry»lltTrll>i-n.alE?nJh^?il?xg-ed ^iscondu?_.m.ay inyp!v? p°isibl:e cnminai conduct,
the_lnspoctor_Gonora^ Bond Program^ Monitor, in consultation with the Chancellor; may refer
com^ints regarding such miscond-ucttothewopriate law enforcement authority. In the event that
the Chancellor is the afieaed wronadoer, the Bond Program Monitor shall consult wjth the Boa7d
President.
17307 Conflicts of Interest
The Bond Program Monitor, and its staff members, must be free both in fact and appearance from
pereon, external, and organizational impairments to its objectivity and independehce^onsjstent
with the foregoing, all allegations against the Bond Program Monitor or its'staffforviolatipns'of
the provisions of these rules and any matters that the BondProaram Monitor determines cannot
be objectively and independentivmvestiqated by the Bond Program Monitor shall be submitted
directly to the Chancellor and, if appropriate, to proper law enforcement authontles,._The Bond
Program Monitor and its staffshal! submit to periodic backaroyndchecks^ndshall submit such
conflict of interest disclosures and-certifications as may be requested bv th. District in order to
confirm compliance with thlsjreciuirement.
17308 Legal Counsel
The Bond Program Monitor shall retain, at the expense of the District, its own legal counsel, who
shall not be^a legal counsel contemDorineouslv retained by the District on any other mattersjo
advise the Bond Program MonitoFon legal matters related to DerformanceXJtsjynctjons. under
these rules and who shall bejree^f any conflicts of interest. Such leaaf counsel is not retajnedio
provide advice to the Bond Program Monitor on matters relating to the Bond Program Monitor's
leflal or contractual duties to the District or on questions that may arise between the District and
the Bond Program Monito-r7eiatina to the adequacy of the Bond Program Monitor's performance
Such legal counsel shall be deemed_to be En a direct and confidential client - attorney reiationship
with the District, and not with the Bond Program Monitor individually, and the D irt shall be
deemed the holder of all related legal crivileaes.
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Notice:
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Los Angeles Community College District
Corn. No. BT/A
Board of Trustees
Division
Date: May 1,2013
17309 Internal Principles, Policies, and Procedures
The,.BOPd.^roPra!rlMonlt0^ and'ts,staff sha11 act with intearitv and exercise objectivity and
professional skepticism and avoid circumstances that would cause a reasonable and informed
t^ifd,i?a?v t_°?elieve ^the.Bon<? proc!ram ^o"itpr or its staff is not capable of exercising
obiectivity and_ impartial iudament or that the Bond Prociram Monitor's work ha^_been
compromised. Consistent with the foreadma, the Bond Program Monitor shall (1) develop Intemaj
rules and procedures for conduct of EnvestEaations and for'external quality assurance reviewsof
jnvestiqations and other activities of the BondProqram Monitor, (2) identify and assess threats to
its independence of obiectiyitvy-from both external and internal sources, (31 evaluatejhe
significance of threats identified and prioritize them in a manner consistenTw|th_the Bond
Prooram IVtonitor's obNaations under these rules or as other directed bv the ChancellorLor
rustees, (4) apply safeguards _ as necessary to efiminate the threats or reduce _them to an
acceptable level, (5) not use confident at information for personal gain or in any other manner that
is detrimental to the legitimate interests of the District, and f6) establish criteria for_thecon_ducrof
investigations before commencing investigations, and.(7) preEareanJlnvestigative Manual" that
?,esirLbldJhl^'ndDles;.?oti.cT.SITn^m^du^^^ implement and govern'the Bond Program
Monitor's performance of its duties and responsibilities under these rufej,
17310 AuditinQ and Management Functions
t is not the function of the Bond Program Monitor to^perform management functions, to give
[^!!l?e^ti^JL<^1 ^?^rTlw}^;^isJ^iJCL!^f^J!u??-e^'-.!? ^et Dolicv'(? d^sian
Entemaf management controls affecting routme management functions, to perform functions
assigned to the Distrjcfs audiforsDerformina financiai or performance audits fintemal or
external), or to issue interpretations of_or iegal determmations on existing policies. r^S^
reauiattons of or aoveming the Bond Program. NotwithstandEna the foreaoina. howeverjhe
Bond Program Monitor in performing the duties and obligations provicted for under these rules
shall review, assess, and recommendenhancements to the functions and duties of the Districts
auditors and to the District's program management polEcies and procedures that will faciUiateihe
prevention, detection, and reDortina oTmisconduct related to the Bond Program,
17311 Training Programs
The Bond Program Monitor shall develop and document special awareness and training initiatives
designed to alert the District to systemic weaknesses in its proflrams or procedures that make
them vulnerable to misconduct relatedto the Bond Prociram.
Background: The Office of inspector General ("OIG") was created by a Board initiative in March 2010 in
response to allegations of misconduct in the Bond Program. Unlike such offices for other agencies, there
was no iegis!ative direction regarding the framework of the OfG, The current contract was terminated for
convenience in order to allow for a reexamination of the scope of the office. In consultation with a
?^allfi^ t!^r^l.!?p^rt^r?v)sions^er?. deve(lo,ped. f9r the Fhar9?,of the oiG to focus the operation-on
fraud or misconduct in order to minimize unhtended overiap with management and the_performance
auditor. These revisions were reviewed by an ad hoc committee appointed by the Board President and
are now recommended to the fuii Board for adoption:.
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Notice:
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*
Col lective Bargami ng
INFORMATIVE
w
Los Angeles Community College District
Corn. No. HRD/A
Division
SUBJECT:
Human Resources
Date: April17,2013
INITIAL PROPOSAL OF THE LOS ANGELES COLLEGE FACULTY GU
AFT LOCAL 1521 TO THE LOS ANGELES COMMUNITY COLLEGE DISTR
REGARDING NEGOTIATIONS AS AGREED IN ARTICLE 17 OF THE COLLECT
BARGAINING AGREEMENT TO DISCUSS COMPENSATION MATTERS FO
2014
Pursuant to Government Code section 3547 and the District's public notice procedure, the Los
Angeies College Faculty GuikJ, AFT Local 1521, presents its initiai proposa! to the District
regarding negotiations on compensation matters.
The Los Angeles College Faculty GuikJ shal! reopen negotiations on compensation for 2013-2014.
^ckar?.und:...^ov^[nment co^e. section. ?5f7.?nd Boar(? Rule 101400 require the District to
inform the public of the issues to be negotiated with an empEoyee organization by presenting initia
proposals that relate to matters within the scope of representation under the Educationa
Empioyment Relations Act at a public meeting of the Board. For that reason, this item is being
presented as an informative so that the public can review it and be prepared to comment on it.
Page
of
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Corn, No. HRD/A
Div,
Human Resources
Date
4-17.13
I.
Collective Bargaihtng
NOTICE
Los Angeles Community College District
Corn. No. HRD/B
Division
April 17, 2013
Human Resources
Date: May 1,2013
SUBJECT: REOPEN, THE 2011-2014 COLLECTIVE BARGAINING AGREEMENT WITH TH
ANGELE_S.Cqi-LEGEFACULTY GUILD, AFT LOCAL 1521, REGARDINGCQMPENSAflO
ISSUES FOR 2013-2014
^ri^anl.to^^v.errlF??e.nLcode.sec!!on 3547 an^. Board Rule 101400 the Los Angeles
Community College District, proposes that representatives of the District and agents of'the'Los
Angeles College "Faculty Guild, AFT Local'1521, re-open the Agreement between the Los
» Community College District and the Los Angeles Faculty GuiM dated: July 1;-2011
through June 30,2014 for the purpose of renegotiating compensation issues for 2013^014.
Background: Government Code Section 3547 and Board Rule 101400 require the District to
Ln!?-rT-?LeJ?^HC-?J.t^ issue.s.to be ne90tiatecl wit^ an lrpP^oyee organization by presenting any
P^osedreoPeni^ataPub"c meetin9 ?! the Boardjhe matter is being noted on April 'n,
20"an,exPectedAtOTdateofMayj. 20^,The Public will have an-opportunity to
comment on May 1, 2013, before the parties begin forma! bargaining.
\
J
Recommended by:
-.yfMT-'
b
Michael Shanahan, Sr. Associate Vice Chancellor
Human Resources
\.
Recommended by:
s^l
\^ Approved by:
Adrians D. Barrera, Deputy Chancelbr
z
^
M
DanjeKLLaVBta: Chancellor
^^6
^!^
Chancellor and
Candaete
Santiago
Secretary to the Board of Trustees
Fieid
Svonkin
Park
Veres
Pearlman
Campos
Student Trustee Advisor/ Vote
By
Page
Date
of
Pages
Corn. No.
HRD/B
Oiv.
Board of Trustees
Date
5-1-13
Notice:
4-17-13