District Academic Senate Executive Meeting May 26, 2011, 1:30-3:30 pm District Office Minutes Attendance: David Beaulieu, Kathleen Bimber, Angela Echeverri, Alex Immerblum, Don Gauthier, Lourdes Brent, Allison Moore, June B. Smith, Ken Sherwood Guest: None 1. Call to Order and Approval of Agenda: Meeting was called to order at 1:40 pm. 2. Approval of Minutes DAS Executive Meetings of 4/28/11: Minutes for 4/28/11 meeting were approved with several corrections and changes (Gauthier/Immerblum MSP). 3. Public Speakers: None 4. Academic Rank: Beaulieu reported that the Academic Rank policy has not been revised by the DAS for over 10 years. We have discussed accepting ranks from other colleges. There is a 1996 letter from Doug McFerran (former DAS Academic Rank Chair), which recognized problems in the 1986 policy. East recently passed an academic rank policy that excludes an application process and aligns rank with evaluations. They would like the DAS to retire the current policy and adopt a district policy that is decentralized and developed at the local colleges. Ranks from other colleges would be accepted throughout the district, with the exception of adjunct policy. Trade does not grant rank to adjunct faculty. Bimber stated everybody has a different policy and/or practice. The work that the some of the policies are asking Human Resources (HR) to do is problematic, because they are evaluating faculty work. Gauthier stated this process should be totally faculty driven and we should keep our own records. Some campuses require the District Office to verify the employment dates or salary points. Immerblum proposed the creation of a new DAS Academic Rank Policy that allows for decentralization. Immerblum/Gauthier MSU. Will go to the DAS in September. 5. Budget Update: Beaulieu reported that the LACCD budget is looking better because of additional state revenue. The current worst-case scenario is a 10% cut. The colleges have submitted 5% and 10% cut plans, but it is quite unrealistic to expect the colleges to cut by 10%. The long-term situation is still uncertain. There is $6.6 billion in additional revenue, as well as Prop 98 funds that are coming back to the system. Most of the main ideas to save money have been written down and separated into those that require negotiation and those that don’t. Reduction in administrator numbers, compensation (from d basis to c basis), furloughs, and others savings are being considered. For the district, there is a plan to spend down the balance significantly this year. If a college cuts by 5% and is unable to cut anymore, they can petition to spend their balance. Once that occurs they can use the LACCD balance. East and Pierce can spend $5 million and then ask for more. There is an $18 million true LACCD balance (not including East and Pierce balances, or unpaid orders). This is the money saved because we cut more sections than we had to two years ago (Fall 2009). We should be able to get through this year without major problems. However, the allocation issue has not been addressed. There are three faculty members on the District Budget Committee (DBC) Executive, John McDowell, Carl Friedlander, and David Beaulieu. Moore is an alternate for the DAS. Beaulieu suggested we could ask McDowell to become the alternate this year and Moore to become a voting member. 6. Bond Update: Tom Hall gave a report on Whole Building Commissioning to the Board and defended the award of a sole source contract given to the Portland-based firm, Inici. Former Chancellor Tyree Wieder identified 38 local firms that could have done whole building commissioning for the LACCD. Trade gave a presentation on their Construction Design & Manufacture (CDM) Building. The energy situation is better; Tony Fairclough is back working again after his contract ran out over Spring Break. Moore mentioned that funds for American with Disabilities Act (ADA) compliance are being reduced at Southwest. There are district-wide funds for Energy, Technology, and ADA; a certain amount was set aside for each college as a placeholder, but it was not clear how money would be needed at each campus. Moore and Smith requested that Beaulieu ask the Bond Steering Committee (BSC) for an update on these accounts. Immerblum added that Lloyd Silberstein’s position is that unless a campus has an approved project, the money stays in the district account. Immerblum argued that money that is not used for these purposes should be redistributed to the other colleges. Deputy Chancellor Barrera has also stated that the District Office might use these funds. Beaulieu will ask to put this on the BSC agenda to find out what has changed. We must distinguish between district-wide projects (Technology, Energy, ADA) and centralized accounts, such as FFE (Furniture, Fixtures and Equipment). All new buildings must meet ADA requirements and this is part of the construction budget. ADA funds can be used to bring existing buildings on the campus up to code. Smith expressed concern about Harbor’s solar panel lease agreement with Chevron because the payments are coming due, and they have not finalized an agreement with DWP to buy back the energy generated. They were told they could not use bond money to pay back the lease, but now are being told that they can pay for the lease from their bond interest. Smith argued that the LACCD should pay for the lease because it was imposed on Harbor and it is an equity issue. Beaulieu reported that the LA Times is working on additional articles on Mission and West. 7. Student Success Update: Beaulieu reported that Achieving the Dream (AtD) was discussed in consultation at some length. We expressed our concerns regarding AtD to Vice Chancellor Delahoussaye. Deborah Harrington is making very strong claims about the possibility of drastically reducing remedial education. She reported Trade plans to institute a policy of having an open English 28 class, where any student could enroll and they would then be able to assess into English 101. Beaulieu responded that we should be more cautious about the claims we are making. Beaulieu’s concern was that any student could enroll into the special English 28. Immerblum attended the Chabot workshop about the regional networks. Chabot has two tracks: one semester English 28 into 101 or a two semester English 28 into 101. There is supplemental instruction and students are self selected. They have been doing this for some years. The data suggests there is only a very slight difference between the accelerated versus normal courses. There is a sense that if they are engaged in a topic they can overcome a lot of deficits. Moore added the longer they stay in remediation, the more likely they are to drop out. Immerblum added that a significant component of Chabot’s program is that they overhauled their curriculum, and faculty need to undergo training. Trade is starting this as a pilot, but the Academic Senate there has not been notified. Bimber noted that you can add an hour to a course, but cannot add a unit without going through the District Curriculum Committee (DCC). Immerblum stated we should develop a rubric to identify English 101 ready students. Smith added that district wide registration is a concern, because students from other campuses who have completed English 28 are not always ready for English 101. Beaulieu reported that good progress has been made in Math. The Math Discipline Committee has decided to have a second Math Summit to discuss accelerated math pathways, even though faculty are divided into three camps (the largest one in the middle). Delahoussaye thinks she can obtain additional funds for supplemental instruction; the LACCD is pursuing a grant opportunity from the Foundation for California Community Colleges (FCCC). Immerblum said East Math faculty are opposed to acceleration (Statway). He added we have to address the tremendous failure rate in Math. Gauthier said contextualized math is important for many students. Beaulieu said we have to think of two student cohorts: Science, Technology, Engineering and Math (STEM) and non-STEM students. Bimber stated the FCCC has a focus on contextualized Math and English; she has been working with teams to develop contextualized courses. Sherwood said that the single biggest class in Math is Math 105 and no one wants to teach it. Beaulieu summarized several issues: a. STEM versus non-STEM students b. Division among Math Faculty on Accelerated Courses: Beaulieu’s estimate is that about 60% are open-minded, there are 20% hard core against and 20% in favor. 8. DCC Report: Bimber reported that the DCC’s next focus is to rewrite the new prerequisite policy (content over validation). Will be writing over the summer. The team has a matriculation person and a researcher. Sherwood stated that the Mexican American Legal Defense Fund (MALDEF) is getting ready to file a lawsuit about the prerequisites. Beaulieu added we are struggling with the staffing problem and some deans who don’t understand the curriculum decisions depend on faculty. 9. Constitution/By-Laws Review: Gauthier passed out proposed changes but has not heard back. He hopes to get feedback over the summer. Gauthier suggested adding an academic freedom statement to the constitution. Article 2 of the AFT contract has a brief statement. Beaulieu added we have only a brief reference in the Board rules on academic freedom. Smith suggested academic freedom should come under ethics. The US Supreme Court challenged the John Lopez case at City on a district Speech Code, ruling in favor of the instructor. 10. Ed Code/Contract Dispute: AFT President (Joanne Wadell) met with Gauthier and Beaulieu to discuss the discrepancy between the California Education Code and the AFT contract. Brent said AFT counsel Larry Rosenzweig has been talking to Camille Goulet. Goulet’s reported position is in the AFT’s favor and that the Senate abdicated its right by doing nothing when the Ed Code changed in 1990. Beaulieu stated the offending sentence did not go into the contract until 5-6 years ago. We may get to the point where we get our own legal counsel; either ASCCC or CCCCO attorneys may have to weigh in. 11. Administrator Hiring Completion: Beaulieu reported there is no news. Barrera has not reported back on this. They were supposed to discuss this in cabinet. The faculty hiring issue is not urgent. 12. Strategic Planning Committee: We had our first planning meeting last Tuesday. Tom Rosdahl, Don Gauthier, David Beaulieu, Angela Echeverri and Adrienne Foster are DAS representatives on the committee. The AFT has one representative, Joanne Wadell. Vice Chancellor Delahoussaye chairs the meeting. Planning is a joint effort between the senate and the administrators. We have a timeline of one year to develop a new strategic plan. Gauthier noted this would be a good summit topic. 13. Automatic Payroll Deductions: Immerblum distributed a letter written to faculty. This will not currently work at other colleges, but he wanted to share it. The money deducted from faculty paychecks goes to the East Foundation and the senate can access it for scholarships. Bimber asked if the foundation charged an administrative fee. East’s foundation has a large staff and they volunteered to do this for free. Immerblum said there may be other colleges that could do this through downtown. Sherwood said City is exploring using Paypal. Immerblum replied East tried Paypal once and were told by Michael Phelps that they could not do it. Beaulieu suggested talking to Jeanette Gordon before bringing it to consultation. They would have to do all the processing; the District does not want to do any of the work to process the deductions. East has agreed to set up the contributions into funds: 80% to scholarships and 20% to faculty funds. At the end of the year they have to send a letter to inform people how much of their donations can be used for tax deductions (Scholarships are tax deductible). 14. District Enrollment/Priority Enrollment: There is an open question about the wisdom of district wide enrollment. Dealoussaye has reported that student success of students attending outside their “service area” is lower. She has asked that we wait for Maury Pearl to collect more data before drawing any conclusions. Immerblum said this delay is problematic. Let’s discuss the data, see handout with e-mail. We have until August to agree to change the priority (as opposed to whether to have districtwide enrollment at all). The current proposal is as follows: a. Priority 1: DSPS, EOPS, and veterans (separated over the last 2 years from military). Protected in Title 5. b. Priority 2: Continuing Successful students c. Priority 3: New students d. Priority 4: Continuing students not making satisfactory progress. Argues veterans must make progress in order to get benefits. Brent argued EOPS must have a 2.0 GPA, but have specific interventions and they are out if they e. Priority 5: Concurrent enrollment/High School. Approximately 19,445 students. City is in favor of this proposal. East is against it because they feel probation students should not be discouraged. Beaulieu added that this discussion is wasting everyone’s time if we decide to drop district wide enrollment. If we decide to proceed, we then need all the numbers of students per category. Brent agreed that this was fine as long as local policies are in accordance with law and regulations. There will be two arguments the District Office will make in favor of this: students move from one campus to another, they should have priority at their home campus. The other argument is that we technically don’t have service areas, but we have de-facto service areas. How is a student’s home campus determined? Wherever they turn in their financial aid application. What if they don’t? Not sure. Immerblum stated that this is an accreditation issue. Colleges can’t manage enrollment if you have district wide priority. Immerblum added we don’t know what effect the repeatability changes are going to have on students. The other issue was to limit enrollment to 18 or 19 units. June Smith’s retirement: Beaulieu took a few moments to recognize June B. Smith for her long and distinguished service to the DAS. Smith said it has been a lot of fun and that she is going to miss the DAS. She urged DAS members to be patient with the new leaders; they will learn as they come along, Anytime you go through transitions, it is a mirror of the transitions our students face. Our students have a lot of choices now, which is both exciting and scary. She expressed hope we can continue to work with our students. She requested that the ASCCC demand something be done about the State Master Plan. She will be a voice on the outside if she needs to yell at Jane Patton, Michelle Pilati, and legislators. She plans to travel a lot and will send pictures from London and France. Beaulieu asked her to come to the fall DAS meeting for a formal recognition. 15. Personnel Commission: The Nursing Program Director from City, Betsy Manchester called Beaulieu this morning. The City Nursing Program lost two staff people because of the Personnel Commission (PC); these positions were crucial to the program. It looked like a case of PC trying to impose their criteria. Bimber reported this issue originated from Harbor; there was a nurse at Harbor who said she wanted to have the same classification as the people of City. Beaulieu said our role is not to intervene in a specific personnel matter, but to discuss how the Personnel Commission negatively impacts the operation of academic programs. Bimber said the Child Development Centers need to have flexibility to hire the people they need to run their centers. Sherwood said Karen Martin acts unilaterally. The PC is independent of the district and was set up by state law. The elimination of the PC was raised in the context on the budget. We might want to research a bit at the colleges to see to what extent programs have been impacted. Bimber stated that one question to ask is what kind of work needs to be done by a PC? Beaulieu replied that there is a certain amount of work that needs to be done. Martin undercut the budget argument rather well. The other concern relates to inefficiencies being created by the PC. The estimate is that the Personnel Commission costs the LACCD $3-3.5 M in direct costs, and another $7 M in lost efficiency. Bimber asked why the classified union does not come up with their own job descriptions. The constituents have to vote to do away with the PC. Immerblum added what is worse is the way we have to select people from a list. Bimber added she wrote the test and description for Child Development instructional assistants. She argued any instructional position should not be under PC because they are making evaluative decisions. Beaulieu agreed that inefficiency and impact on academic areas may be the strongest arguments against the Personnel Commission. 16. Adjourn: Meeting adjourned at 4:17 pm. Minutes respectfully submitted by DAS Secretary Angela Echeverri