HARTNELL COMMUNITY COLLEGE DISTRICT
Board of Trustees - Regular Meeting
August 21, 2012
TIME/PLACE
411 Central Avenue, Salinas
5:00 p.m. – OPEN SESSION – CALL 208
Board of Trustees
Erica Padilla-Chavez, President
Candi DePauw, Vice President
Patricia Donohue, Bill Freeman,
Elia Gonzalez-Castro, Ray Montemayor,
Demetrio Pruneda, Elaine Duran Luchini, Student Trustee
Dr. Willard C. Lewallen, Board Secretary
Superintendent/President
The Board of Trustees welcomes you to its meetings. The agenda and supporting documents are on the
college’s website at www.hartnell.edu/board. Contracts requiring approval of the Board on this agenda are
available to view in the President’s Office. Typically, the agenda consists of the following:
A. CONSENT AGENDA: These matters include routine administrative and financial actions and normally
approved by a single majority vote.
B. REGULAR AGENDA: Action Items: These items include significant administrative and financial
actions classified by departmental areas and approved by majority vote for each item.
Information Items: These items include presentations to the Board and items for discussion prior to Board
action, normally taken at the next meeting.
C. CLOSED SESSION: In accordance with Government Code Sections, 3549.1, 54956.9, 54957 and/or
54957.6, the Board of Trustees may meet in Closed Session to consider legal, personnel, labor, and/or
contract matters.
INDIVIDUALS DESIRING TO ADDRESS THE BOARD: The Board of Trustees is committed to
maintaining a respectful and productive environment that fosters a culture of civility where members of the
campus, the community, and the Board feel safe to express themselves and are free from discrimination,
bullying, harassment and threats. We welcome your comments and expect them to be presented in a civil
manner and for decorum to be maintained.
Any member of the audience desiring to address the Board should complete and submit to the Clerk prior to
the meeting, if possible, a Speaker Request Form, available at the door. When the item PUBLIC
COMMENTS is taken, the Board President will recognize those who have filled out a Speaker Request Form
in the order in which they are received. The Board President may limit the time of presentation to three
minutes per speaker, and a maximum of fifteen minutes. Pursuant to Board Policy 1025, members of the
public shall also be able to address the Governing Board regarding items on the agenda as those items are
taken up. Following public comment, the Board President will limit discussion to the Board only.
MISSION STATEMENT: Hartnell College provides the leadership and resources to ensure that all students
shall have equal access to a quality education and the opportunity to pursue and achieve their goals. We are
responsive to the learning needs of our community and dedicated to a diverse educational and cultural campus
environment that prepares our students for productive participation in a changing world.
ACCOMMODATIONS: All meeting locations are wheelchair accessible. The following services are available
when requests are made by 4:00 p.m. of the Thursday before the Board meeting: American Sign Language
interpreters or use of a reader during a meeting; large print agenda or minutes; assistive listening devices.
Please contact, the Office of the President at (831) 755-6900, if you need assistance in order to participate in a
public meeting or if you need the agenda and public documents modified as required by Section 202 of the
Americans with Disabilities Act.
HCCD –REGULAR MEETING – AUGUST 21, 2012
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I.
OPEN SESSION, CALL TO ORDER
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
II.
PUBLIC COMMENTS
Fifteen minutes (three-minute maximum per person) set aside to receive public comments on closed
session and public session, or items not on the public session agenda, but within the jurisdiction of the
Board.
III.
PRESENTATION
MONTEREY COUNTY SCHOOLS INSURANCE GROUP – See Action V. B.
IV.
CONSENT AGENDA
A. MINUTES
Adopt the minutes of Regular Meeting of July 3, 2012 and Special Meeting of July 25, 2012.
B. DISBURSEMENTS
Ratify the disbursements from any or all of the following funds: general; debt service; bookstore;
child development; capital outlay projects; scheduled maintenance; property acquisition; bond
projects; cafeteria; self-insurance; retirees health benefits; associated student body; scholarship,
loan, and trust; and intercollegiate athletics.
C. STATE REPORT: QUARTERLY FINANCIAL STATUS REPORT (CCFS-311Q)
Review and accept the required State Report: Quarterly Financial Status Report (CCFS-311Q)
for quarter ended June 30, 2012.
D. GRANT APPLICATION – CHANCELLOR'S OFFICE – CIVIL INFRASTRUCTURE
Ratify the grant application to the Chancellor’s Office of the California Community
Colleges for the Industry Driven Regional Collaborative for Sustainable Civil
Construction, and if awarded, accept the funds and authorize the administration to enter
into agreements to execute the work per the grant application. The total grant application
is for $373,528 over two years.
E. GRANT APPLICATION – US DEPT. OF ED – VETERANS UPWARD BOUND
Ratify the grant application to the U.S. Department of Education for Veterans Upward
Bound, and if awarded, accept the funds and authorize the administration to enter into
agreements to execute the work per the grant application. Veterans Upward Bound
project will improve academic performance and postsecondary enrollment and graduation
for 150 veterans a year in the Salinas Valley and Monterey County by implementing
additional services over the next 5 years. The grant award could be up to $1,250,000.
F. CHILD DEVELOPMENT CENTER – AGENCY SELF EVALUATION
Approve the 2011-12 Agency Self-Evaluation Report for the Hartnell College Child
Development Centers.
HCCD –REGULAR MEETING – AUGUST 21, 2012
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G. CHANCELLOR'S OFFICE TAX OFFSET PROGRAM (COTOP) AGREEMENT
Approve an agreement with California Community College Chancellor's Office to participate in
the Chancellor's Office Tax Offset Program (COTOP) for the purposes of collecting outstanding
student financial aid and proper non-financial aid obligations owed to the district through the
State Franchise Tax Board's Interagency Offset Program.
H. AGREEMENT WITH FOUNDATION FOR CALIFORNIA COMMUNITY COLLEGES
Ratify the 2012-13 Agreement between Hartnell College and the Foundation for California
Community Colleges to support the Youth Empowerment Strategies for Success Independent
Living Program (YESS-ILP). The funding amount of $22,500 will provide educational and
employment training opportunities for foster and probationary youth.
I.
OUT-OF-COUNTRY TRAVEL
Approve the out-of-country travel for Kathy Mendelsohn, faculty. Ms Mendelsohn is invited to
serve on the Northern Marianas College Accreditation Site Visiting Team. Travel dates are
October 22-25, 2012 in Saipan, MP. The Accrediting Commission Colleges and Junior Colleges
pay all travel expenses.
J. PERSONNEL ACTIONS
Approve and/or ratify personnel actions.
V.
ACTION ITEMS
A. BUDGET REVISIONS
Ratify budget revisions numbered 9869 to 9902.
B. RESOLUTION 12:14
Adopt Resolution 12:14, Revision to Joint Powers Agreement for the Monterey County Schools
Insurance Group.
C. RESOLUTION 12:15
Adopt Resolution 12:15, Certifying the Approval of the Governing Board to enter into
Transactions with the California Department of Education and to Designate Personnel to Sign
Contract Documents and accept funding from the California Department of Education for child
care and development services.
VI.
INFORMATION ITEMS
A. CONSTRUCTION PROJECTS
Receive the written report on current construction projects.
Joseph Reyes, Director, Maintenance
B. CHILD DEVELOPMENT CENTERS
Receive a written update on the college's child development centers.
C. 2011-12 APPORTIONMENT ATTENDANCE REPORT
Receive a written report on the 2011-12 Apportionment Attendance Reports submitted to the
California Community College Chancellor's Office.
D. BOARD POLICY 5030, FEES – FIRST READING
Review the first reading of Board Policy 5030, Fees.
HCCD –REGULAR MEETING – AUGUST 21, 2012
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E. 2011-12 BUDGET ACTUALS (DRAFT UNAUDITED) AND 2012-13 BUDGET UPDATE (DRAFT)
Receive a presentation the budget actuals for fiscal year 2011-12 and a budget update for fiscal
year 2012-13.
F. REPORTS FROM SENATES
Receive oral reports from Senates on matters of interest to the college.
G. REPORT FROM SUPERINTENDENT/PRESIDENT
Receive an oral report from Superintendent/President.
H. REPORTS FROM BOARD OF TRUSTEES
Receive Trustee reports on matters of interest to the college.
VII.
CLOSED SESSION
Items to be discussed in Closed Session will include, legal, personnel, labor, and/or contract matters
authorized for Closed Session per Government Code Sections, 3549.1, 54956.9, 54957, and/or
54957.6.
1. Conference with legal counsel – Existing Litigation
Government Code Section: 54956.9(a)
One case: Bid Protest filed on Technical Training Building
2. Public Employee Discipline/Dismissal/Release/Complaint
Government Code Section 54957
One case: Classified Employee
VIII.
IX.
BOARD OF TRUSTEES MOVE TO CLOSED SESSION
RECONVENE PUBLIC SESSION
A. REPORT OUT FROM CLOSED SESSION, IF ANY
B. REJECT ALL BIDS ON TECHNICAL TRAINING BUILDING
The Board will consider rejecting all bids on the Technical Training Building.
C. BID PROTEST ON TECHNICAL TRAINING BUILDING
The Board will consider and decide bid protest(s) against the bid submitted by Seward L.
Schreder Construction, Inc.
D. ANNOUNCEMENTS
1. Budget Workshop - August 28, 2012, 5 p.m.
2. Regular Meeting, September 4, 2012, 5 p.m.
3. Board Study Session, September 18, 2012, 5 p.m.
X.
ADJOURNMENT
HCCD –REGULAR MEETING – AUGUST 21, 2012
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CONSENT
AGENDA ITEM FOR BOARD MEETING OF:
Title
August 21, 2012
Number
Minutes
IV. A.
Area
Status
Office of Superintendent/President
Consent
Recommendation
The administration recommends that the Board of Trustees review, revise as appropriate, and
adopt the minutes as presented.
Summary
Submitted for review and approval are the following Minutes:
Regular Meeting of July 3, 2012
Special Meeting of July 25, 2012
Unadopted
HARTNELL COMMUNITY COLLEGE DISTRICT
MINUTES
Regular Meeting of the Board of Trustees
CALL 208, Training Room
411 Central Avenue
Salinas, California
July 3, 2012
OPEN SESSION
Meeting called to order at 5:00 p.m. by Trustee Padilla-Chavez.
PLEDGE OF
ALLEGIANCE
Trustee Gonzalez-Castro led the Pledge of Allegiance.
ROLL CALL
Erica Padilla Chavez, President
Candi DePauw, Vice President
Patricia Donohue
Bill Freeman
Elia Gonzalez-Castro
Ray Montemayor
Demetrio Pruneda
Student Trustee Elaine D. Luchini (arrived after Closed Session)
Dr. Willard Lewallen, Board Secretary/Superintendent/President
Trustee Padilla-Chavez announced the meeting was adjusted to accommodate
an earlier Closed Session.
Prior to inviting public comments on the Closed Session agenda, Trustee
Pruneda addressed a paragraph on the front of the agenda, Individuals Desiring
to Address the Board. He stated that he was not fully aware of the paragraph
and asked 1) if it is protocol, 2) when did it happen, and 3) if other Trustees
were aware.
Trustee Freeman stated that it appears to him there was policy change without
approval and stated that elected officials do not have a guarantee that the public
will not get upset and that the Board cannot stop the public from speaking.
Trustee Montemayor asked legal counsel if the public should have been
notified of the change. Tom Manniello, legal counsel, stated that the first page
of the agenda is informational and is not policy.
PUBLIC
COMMENTS ON CLOSED
SESSION ITEMS
There were no public comments on Closed Session items.
MOVED TO CLOSED
SESSION
The Board, Dr. Willard Lewallen, Superintendent/President, Terri Pyer,
Associate Vice President, Human Resources, and legal counsel, Thomas
Manniello, Lozano Smith, moved to closed session at 5:09 p.m. to consider
HCCD – REGULAR MEETING OF THE BOARD OF TRUSTEES – JULY 3, 2012
Page 1 of 7
legal, personnel, labor, and/or contract matters authorized for Closed Session
per Government Code Sections, 3549.1, 54956.9, 54957 and/or 54957.6.
1. Government Code Section 54957: Public Employee (one manager)
2. Government Code Section 54956.9 (a): Conference with Legal Counsel
regarding pending litigation (one case)
RECONVENED PUBLIC
SESSION
Trustee Padilla-Chavez reconvened the public session at 5:30 p.m. and there
was no reportable action taken in Closed Session.
P.G. & E REBATE AND
AWARD
Mr. Joseph Reyes, Facilities Director and Mr. Matt Coombs, Vice President,
Technology Services, introduced two representatives from P. G. & E, Mr.
Isidro Reyes and Mr. Rob Cruz, Higher Ed Account Managers.
The representatives thanked Joseph, Matt, Eric Price, and the Board for their
continued support and participation in energy efficient projects and presented
the college with a $8,987 rebate check for the Server Virtualization Project.
This project will save 37,449kw each year, resulting in on-going, annual cost
savings of $4,493. In addition, the college was a recipient of the 2011
Integration Award due to the implementation of energy efficient projects.
The Board commended staff for their efforts in these projects.
WELCOME DR.
LEWALLEN
The Board and assembly welcomed Dr. Lewallen, Superintendent/President.
Dr. Lewallen stated that he is excited to be at Hartnell because he believes this
college and community is a wonderful opportunity for him to work with
incredible people. Dr. Lewallen stated that he believes in a shared vision and
that he plans to spend the next 90 days learning about the institution and
community.
BREAK
Trustee Padilla-Chavez announced a 15-minute break at 5:40 p.m.
The meeting reconvened at 5:55 p.m.
PUBLIC COMMENTS –
PUBLIC SESSION
AGENDA AND WITHIN
JURISDICTION OF THE
BOARD
Juan Gutierrez, former student trustee, welcomed Dr. Lewallen. He addressed a
course he completed online and thanked the Board, faculty and counselors for
their support. In addition, he addressed the minutes from the May 8, 2012 and
June 5, 2012 meetings.
Dan Peterson, Cheryl O'Donnell, Ron Waddy, and Ann Wright welcomed Dr.
Lewallen and spoke in support of keeping the interim deans in place.
Jose Ibarra addressed his letter where he alleges the Board violated the Brown
Act.
HCCD – REGULAR MEETING OF THE BOARD OF TRUSTEES – JULY 3, 2012
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CONSENT AGENDA
Motioned (DePauw), seconded (Gonzalez-Castro), carried unanimously, the
Board moved to approve the Consent Agenda, Items A through H.
A. MINUTES
Adopted the minutes of June 5, 2012 as submitted.
B. DISBURSEMENTS
(Discussion: Freeman)
Ratified disbursements from any or all of the following funds: general; debt
service; bookstore; child development; capital outlay projects; scheduled
maintenance; property acquisition; bond projects; cafeteria; self-insurance;
retirees health benefits; associated student body; scholarship, loan, and trust;
and intercollegiate athletics.
Trustee Freeman questioned a disbursement made to a consultant who was no
longer at the college. Alfred Muñoz, Vice President, Support Operations
(Interim) responded that the disbursement, made on May 2, 2012, was the final
payout to that consultant.
C. CURRICULUM
Ratified the actions taken by the Curriculum Committee at their meetings of
March 15, 2012 and April 19, 2012.
D. TRANSFER OF NONCASH DONATIONS
Accepted the non-cash donations from the Hartnell College Foundation.
E. AGREEMENTS –
HIGH SCHOOL
EQUIVALENCY
PROGRAM (HEP)
Approved to enter into agreements with the Salinas Education Center, the
Soledad Community Education Center, and the Clinica de Salud del Valle de
Salinas for HEP at a cost of approximately $600 per student, effective July 4,
2012 through June 30, 2013.
F. STUDENT INSURANCE
USA
Approved to extend the agreement with Student Insurance USA for the
administration and payment of student liability insurance claims, effective
August 1, 2012 through July 31, 2013. The cost of this service is $124,116 and
paid from unrestricted general funds.
G. CA MINI-CORP
AGREEMENT
Approved the Memorandum of Understanding (MOU) between the California
Mini-Corp and Hartnell Community College District effective August 1, 2012
through August 31, 2013. The MOU provides students an opportunity to
prepare for a teaching career.
H. PERSONNEL ACTIONS
Approved and/or ratified Personnel Actions. (Appendix A)
ACTION ITEMS
BUDGET REVISIONS
RESOLUTION 12:9
Motioned (Donohue), seconded (DePauw) and carried unanimously, the
Board moved to approve the budget revisions numbered 9821 to 9852.
Motioned (DePauw), seconded (Gonzalez-Castro) by roll-call vote of 7-0 and
by advisory vote of Aye (Luchini), the Board moved to adopt Resolution 12:9,
Designation of New Representatives to Various Community College Joint
Powers Authorities.
HCCD – REGULAR MEETING OF THE BOARD OF TRUSTEES – JULY 3, 2012
Page 3 of 7
RESOLUTION 12:10
Motioned (DePauw), seconded (Gonzalez-Castro) by roll-call vote of 7-0 and
by advisory vote of Aye (Luchini), the Board moved to adopt Resolution 12:10,
Designating Authorized Agents to School Orders.
RESOLUTION 12:11
Motioned (Pruneda), seconded (Freeman) by roll-call vote of 7-0, and by
advisory vote of Aye (Luchini), the Board moved to adopt Resolution 12:11,
Electing to Cease to be Subject to the Public Employees Medical and Hospital
Care Act for members of the Hartnell College Faculty Association.
RESOLUTION 12:12
Motioned (DePauw), seconded (Montemayor) by roll-call vote of 7-0, and by
advisory vote of Aye (Luchini), the Board moved to adopt Resolution 12:12,
Electing to Cease to be Subject to the Public Employees Medical and Hospital
Care Act for members of the Governing Board.
RESOLUTION 12:13
Motioned (Donohue), seconded (Luchini) by roll-call vote of 7-0, and by
advisory vote of Aye (Luchini), the Board moved to adopt Resolution 12:13,
Authorizing Signature of Board Secretary to sign all appropriate documents.
INFORMATION ITEMS
CONSTRUCTION
PROJECTS – UPDATE
The Board received an updated, written report on the current construction
projects. The report is on Page 81 of the July 3, 2012 Meeting Agenda Packet
posted at:
http://www.hartnell.edu/board/packets/7_3_12_Meeting_Packet.pdf
Trustee Freeman asked when the PE Field House will be completed. Joseph
Reyes stated that the bid opening is July 10th. Pending Board approval, the
construction will take just under one year to complete. Trustee Donohue asked
if the Board could consider this item at the July Workshop. Trustee PadillaChavez responded that a special meeting, just prior to the Board's workshop, is
scheduled to address the PE Field House and the Technical Training Building.
The Special Meeting is July 25, 2012, 4 p.m.
Joseph reported that the track resurfacing is complete and now opened. Trustee
Pruneda asked who/what is Perma-Green Hydroseeding. Joseph responded that
Perma-Green is the contractor (cement and asphalt) awarded the contract for the
Alisal Parking lot Project.
FINANCIAL STATEMENTS
The Board received the financial statements for the period ending May 31, 2012.
Trustee Padilla-Chavez asked about the cash flow delays and the affect it will
have on closing the books for fiscal year 2011-2012. Alfred Muñoz responded
that the deferred amount in July is $4 million and approximately $900,000 in
October. This would complete the apportionment for the past fiscal year.
Starting this year, during the first five months, the college will receive
approximately 40% less than last fiscal year for those first five months. A large
portion of that 40% will be deferred until next June. Thus, it is critical that the
college maintain the current cash flow and reserves.
The Board plans to use the August Board Development Session to review the
final budget prior to adopting in September.
HCCD – REGULAR MEETING OF THE BOARD OF TRUSTEES – JULY 3, 2012
Page 4 of 7
DEGREES FOR TRANSFER
Dr. Lewallen reported that of the two degrees submitted for approval had some
issues: Associate in Arts in English for Transfer Degree and the Associate of
Arts in Political Science for Transfer. The college received approval for the
Associate in Arts in English for Transfer Degree. Dr. Lewallen stated that last
year every college was required to have at least two transfers degrees approved
under the new system and that this is just the beginning. Currently, the college
has received approval for four degrees for transfer.
Trustee Padilla-Chavez thanked staff for their due diligence on this work
because our legislatures and Board of Governors receive updates on college
progress.
BUDGET UPDATE
The Board received a budget update. Trustee Freeman stated that everything
needs to be put on the table when looking at cuts, including large contracts. If
this is not done, he cannot support cutting salaries. Trustee Padilla-Chavez stated
that every stone must be turned and it will be difficult. The college must be
creative. Trustee Gonzalez-Castro stated she hopes the college will follow the
same principles that were followed in 2009. In addition, she would like to see
everyone’s salary so that the Board could have a perspective on what a 5% cut
looks like across the board. Trustee Montemayor recommended that this work be
done when all staff is on campus, specifically at the beginning of the year. This
would allow everyone to participate. Trustee Freeman questioned why the
college would need to make any cuts when the college has a large reserve. Dr.
Lewallen explained, to operate the college, the reserves would last about two to
three months. Further, the college must plan not only for this year, but also for
the next two to three years. Further, reserves are one-time monies – when they
are gone, they are gone. Trustee Padilla-Chavez agreed with the 2009 guiding
principles, pointed out that this task will need to be immediate, and will need to
include staff. Dr. Lewallen stated that the guiding principles established in 2009
are outstanding.
CHILD DEVELOPMENT
PROGRAM
The Board received a report on the Child Development Program due to the
recent cuts the State has made to child development funding. The Board asked
questions about the program to which Linda Taylor, Child Development Center
Director, responded. Linda reported that she is working with the Foundation to
find ways to support the program and is optimistic. Currently, the college has
two centers: one on Main Campus and the other on the Alisal Campus. The
centers are operating at licensing capacity and are fully supported by the State.
No general funds are used to support this program. Ms. Taylor stated that she
plans to report back to the Board on their progress at a future meeting.
SENATE REPORTS
There was no Student or Classified Senate report.
Academic Senate: Tony Anderson, Senate President
PRESIDENT’S REPORT
Dr. Lewallen reported on:
Accreditation – He attended an Accreditation Steering Committee meeting
yesterday and was pleased to hear the discussion, that everyone was
engaged and that he looks forward to providing his input.
HCCD – REGULAR MEETING OF THE BOARD OF TRUSTEES – JULY 3, 2012
Page 5 of 7
Vice President, Academic Affairs: The first set of interviews are
scheduled this Thursday and Friday and the process in moving along.
Budget: Budget planning must be about the next three to five years given
what the college is facing and the college must start planning.
Organization: This coming year, the college will begin to look at the
organizational structure – what kind of structure do we need in place that
will be efficient, effective, and meet the needs of the college, given all of
the challenges we face. This is a priority moving forward. Dr. Lewallen
stated that he understands the uncertainty some feel due to recent changes,
but it is not permanent. The college will spend time this next year in a
collaborative and inclusive process to sort out what the organization will
look like. He will bring this to the Board, also.
BOARD REPORTS
Trustee Padilla Chavez addressed correspondence she received from Mr. Jose
Ibarra and stated that she asked Counsel to review. She reported that Dr.
Lewallen plans to communicate with the Board on a weekly basis so that
communication is timely. She welcomed Dr. Lewallen, once again, and stated
that she looks forward to the next chapter at Hartnell.
Student Trustee Luchini welcomed Dr. Lewallen to Hartnell.
Trustee Pruneda welcomed Dr. Lewallen and stated he is excited about what
the college can accomplish by working together, meaning students, staff,
faculty, the Board, and President. Also, he stated that he believes in shared
sacrifice and he loves the principles that the special RAC committee
established.
Trustee Freeman stated that he is happy that Dr. Lewallen is at Hartnell College
– he knows Dr. Lewallen will do great things and he recognized that times are
challenging for everyone.
Trustee Donohue welcomed Dr. Lewallen, also and she looks forward to
working with him.
Trustee Gonzalez-Castro welcomed Dr. Lewallen and stated that she willing
to help and support him. She is happy that he is at Hartnell College. Also,
she announced an upcoming Western Stage event by Academy-award
winning screenwriter and Western Stage alum, Dustin Lance Black. His
newest documentary play “8”, scheduled one night only, is Friday July
20th at 7:30 pm in the Main stage Theater. Trustee Gonzalez-Castro
reported that the Monterey County School Board Association is soliciting
training topics for the upcoming school year. Also, there has been some
discussion on whether the annual dinner should be moved to another
location other than Salinas. She asked the Board to submit their
ideas/comments to her.
HCCD – REGULAR MEETING OF THE BOARD OF TRUSTEES – JULY 3, 2012
Page 6 of 7
Trustee Montemayor thanked all of the speakers of this evening. He wants
them to know that he incorporates their comments into his thinking and he
plans to speak to Dr. Lewallen about their comments. Also, he welcomed Dr.
Lewallen to the college.
Trustee DePauw reported that she volunteered at the first every Monterey
County Stand Down. The event was scheduled three days late June and
Hartnell was well represented. The event was nicely coordinated. She is
thrilled that Dr. Lewallen is at Hartnell College and she, too looks forward to
the next chapter at Hartnell.
ANNOUNCEMENTS
Trustee Padilla-Chavez announced the following. She alerted the Board to the
starting time of the July 25 Board Retreat asking that they calendar the date
and time.
1. July 25, 2012, 4:00 p.m., Board Retreat
2. August 21, 2012, 5 p.m., Regular Meeting
3. August 28, 2012, 5 p.m., Study Session Meeting
ADJOURNMENT
Meeting adjourned at 7:10 p.m.
Erica Padilla-Chavez
Board of Trustees President
HCCD – REGULAR MEETING OF THE BOARD OF TRUSTEES – JULY 3, 2012
Willard Clark Lewallen
Board Secretary
Page 7 of 7
APPENDIX A
The following actions were approved and/or ratified at the Regular Meeting of July 3, 2012 of
the Hartnell College Board of Trustees
I. Request to hire short-term employee:
A. Approve short-term staffing request:
1. Accounting Assistant – Business - $16.14/hr (20 hrs/week), to help at the
cashier’s office with morning coverage due to student’s rush on paying for ID’s,
parking permits and adding classes. August 13 - 31, 2012.
II.
Retirements, resignations, releases, and leave requests
A. Ratify resignation of regular personnel:
1. Megan Miller, DSP&S Lead Specialist (#CC-183), effective July 3, 2012.
2. Imelda Suarez, part-time Assessment Technician (#CC-142), effective July 7, 2012.
III. Classification and Compensation
A. Approve new CSEA classification of Information Technology Specialist, CSEA
Salary Schedule Range 39 (Job Description available at meeting).
B. Ratify actions related to reclassification of two classified staff in Administrative
Information Systems. These reclassifications were the result of a requested
reclassification study, which includes a review and approval by CSEA:
1. Reclassification of Paul Chen, Computer/Telephone Technician, Range 35, Step
E, to Technology Specialist, Range 39, Step E, effective July 1, 2012 (full-time,
40 hours per week, 12 months per year).
2.
Reclassification of Stephen Otero, Computer/Telephone Technician, Range 35,
Step E, to Technology Specialist, Range 39, Step E, effective July 1, 2012 (fulltime, 40 hours per week, 12 months per year).
IV. Appointments
A. Ratify appointment of management position:
1. Brian Lofman, Interim Dean of Instruction, (#A-61), Range III, Step E, plus
$10,000 annual stipend to continue work on accreditation, effective July 1, 2012,
not to exceed one year.
B. Ratify appointment of temporary full-time academic personnel:
1. Jennifer Niduaza, temporary full-time Nursing Instructor, (#F-116), Nursing
Department, Step 13, Column B, effective August 20, 2012 for one academic
year.
C. Ratify appointments of classified employees:
1.
Debra Pyle, part-time, 20 hours per week, 12 months per year, Accounting
Assistant – Classified, (#CC-12), Range 21, Step A, effective June 27, 2012.
2.
Belinda Saechao, full-time, 40 hours per week, 12 months per year,
Administrative Assistant – Nursing, (#CC-04), Range 18, Step B, effective July 9,
1
APPENDIX A
2012. This action represents a promotion from the part-time Administrative
Assistant position (#CC-03).
D. Ratify appointments of part-time instructors for summer session 2012:
1. Tammy Attaway, Counseling
2. Gerardo Aleu, Mathematics
3. Ed Barber, Physical Education
4. Jennifer Baumback, Speech
5. Eric Becerra, Counseling
6. Emelia Benavente, Physical Education
7. Laura Berger, Library
8. Derek Bonsper, Health Services
9. Susanne Burns, Theater Arts
10. Denise Castro, Health Education
11. Liz Cecchi-Ewing, Library
12. Nicole Crais, Physical Education
13. Dolores Christensen, Counseling
14. Gloria Curtis, Library
15. Sergio Duran, Counseling
16. Thu Duong, Library
17. William Faulkner, Music
18. Donna Federico, Theater Arts
19. Kimie Garcia, Foundations of Success
20. Gary George, Physical Education
21. Toni Gifford, Vocational Nursing
22. Richard Givens, Physical Education
23. Ivan Guerrero, Physical Education
24. Elvia Guzman, Counseling
25. Paula Haro, Foundations of Success
26. Justin Hasen, Physical Education
27. Kathryn Hudson, English
28. Daniel Kaplan, Biology
29. Kim Kiest, Biology
30. Harvey Landa, Theater Arts
31. Sylvia Langland, Family Consumer Studies
32. Vince Lewis, Counseling
33. Paul MacDonald, Physical Education
34. Jeff McGrath, Theater Arts
35. Rosalinda McNamara, Library
36. Mariam Mooney, Mathematics
37. Teresa Moreno, Foundations of Success
38. Peggy Munoz-Meador, Political Science
39. Renee Nelson, English
40. Jose Oviedo, Mathematics. Appointment based on equivalency as follows: MS
and BS in electrical engineering from UCSC. Masters in related discipline and
equivalent of 15 units of graduate work in math.
41. Martha Pantoja, Counseling
42. David Parker, Theater Arts
2
APPENDIX A
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
Jamie Pedroza, Physical Education
Linda Plummer, Library
Mercedes Quintero, Counseling
Tammi Ross, Physical Education
Nancy Saldaña, Counseling
Steve Seymour, Physical Education
Mark Shilstone, Theater Arts
Donna Stauton, Vocational Nursing
Mary Ann Toney, Physical Education
Paula Tyler, Physical Education
Gemma Uribe-Cruz, Counseling
Senorina Vasquez, Mathematics
Tracy Villanueva, Health Services
Nancy Villicana, Counseling
Neil Withers, Mathematics. Appointment based on equivalency as follows:
Master’s in quantitative methods, considered related to mathematics. Bachelor’s
in mathematics, 15 units upper division and graduate level course work in
math, including 12 graduate level units.
Bill Yanosky, Physical Education
Christopher Zepeda, Physical Education
E. Ratify appointments of part-time instructors for fall semester 2012:
1. Tammy Attaway, Counseling
2. Eric Becerra, Counseling
3. Dolores Christensen, Counseling
4. Sergio Diaz, Counseling
5. Donna Federico, Theater Arts
6. Jennifer Fellguth, Library
7. Elvia Guzman, Counseling
8. Margaret Heaman, Theater Arts
9. Harvey Landa, Theater Arts
10. Vince Lewis, Counseling
11. Jeff McGrath, Theater Arts
12. Martha Pantoja, Counseling
13. David Parker, Theater Arts
14. Mercedes Quintero, Counseling
15. Nancy Saldaña, Counseling
16. Tracy Villanueva, Health Services
17. Nancy Villicana, Counseling
18. Gemma Uribe-Cruz, Counseling
19. William Wolak, Theater Arts
F. Ratify appointment of substitute:
1. Irene Rasmussen, $26.35/hr (20 hrs/week), student life coordinator, June 12
– August 17, 2012.
G. Ratify appointments of Professional Experts:
3
APPENDIX A
In support of the accelerated program of instruction undertaken by participants in the grantfunded WIA Youth CTE Program, two levels of Construction Field Practice (CONS 150 and
151) will be offered this summer. Students will attend six hours a day over the course of the
extended (eight weeks) summer program; will provide key support to instructor as he leads
students through projects at several sites.
1.
David Parker, $14/hr (32.5 hrs/week), assistant, May 29 – July 27, 2012.
The Foster Kinship Care Education Program (FKCE) provides advanced training for current
and prospective foster, relative, and non-related extended family member caregivers, adoptive
parents, and local agency employees; and support for foster home recruitment activities. This
grant-funded program is a joint effort of the California Community College Chancellor’s
Office and the Department of Social and Employment Services (DSES). Assignments include
orientation leaders, trainers, childcare and activity providers, and program coordination.
2.
Christiane Dettinger, $100/hr (as needed), DSES trainer, March 11, 2012 –
June 10, 2013.
3.
Justine C. Downie, $13/hr (as needed), childcare, April 1, 2012 – June 10,
2013.
4.
Mariana Jimenez, $17/hr (as needed), FKCE training supervisor, May 10, 2012
– June 10, 2013.
Hartnell’s theater arts program/The Western Stage (TWS) provides students the opportunity to
learn their craft within a professional context. The Young Company (YC) exposes young
people to theater arts.
5.
Lorenzo Aragon, $5,500 total, director, June 15 – July 20, 2012.
6.
Ted Dolas, $5,000 total, stage scenic design, June 15 - December 8, 2012.
7.
Derek Duarte, $7,200 total, lighting design, June 15 - December 11, 2012.
8.
Danielle Maupin, $6,500 total, theatrical production stage management, July
11 – December 14, 2012.
9.
Joe Niesen, $4,000 total, choreographer, July 21 – September 8, 2012.
10.
David Parker, $18,000 total, scenic design production, June 15 – December 21, 2012.
11.
Juliane Starks, $5,250 total, costume design, September 17 – October 26, 2012.
Basic Skills Initiative (BSI) is categorical funding through the Chancellor's Office based on
the College's basic skills (developmental education) FTES generation. Average funding for
Hartnell College is approximately $90k per year.
12.
Karina Young, $700 total, DLA trainings, March 1 – May 1, 2012.
The 2012 Summer Bridge Program is a 5-week course designed to provide STEM (science,
technology, engineering & math) and health care course strengthening to graduating high
school seniors in the Salinas Valley who plan on attending Hartnell College in the coming fall.
13.
14.
15.
Cathleen Fox, $720 total, nursing instruction, June 15 – July 18, 2012
Amber Roach, $240 total, first aid instructor, June 15 – July 19, 2012.
Lisa Villanueva, $240 total, first aid instructor, June 15 – July 19, 2012.
4
APPENDIX A
Physical Education swim classes require lifeguard services:
16.
17.
Laura Donovan, $ 15/hr (6 hrs/week), lifeguard, June 18 – July 27, 2012.
Jim Helm, $15/hr (25 hrs/week), lifeguard, June 18, 2012 – June 30, 2013.
The Collaborative Title V grant requires developing a “Student Access and Success Research
Center” that will help make data-driven decisions about how well our curriculum is working.
This project requires specialized programming skills and will enable us to share tools and data
with other colleges.
18.
Seetha Chitti, $3,000 total, Tools Migration – Part I, April 11 – June 30,
2012.
Supplemental Instruction (SI) is a peer-led academic support program that helps students
enrolled in certain historically challenging courses. SI leaders in the Tutorial Center facilitate
student learning through out-of-class discussion and study skills support.
19.
Christine Savala, $11.65/hr (25 hrs/week), tutor, June 20 – December 21,
2012.
(SEMAA) NASA Science Engineering Mathematics and Aerospace Academy includes an
after school program targeting students from kindergarten to 12th grade that supplements
science education in the classrooms. Curriculum and supplies are provided by NASA.
20.
Angelica R. Meza, $28/hr (10 hrs/week), instructor, May 23, 2012 – May 23, 2013.
H. Ratify appointment of Student Workers for spring semester 2012:
1. Sequoia Grimble, Student Life, Student Worker III
2. Ana Hernandez, Title V CUSP, Student Worker IV
3. John Jordan, Advanced Technology, Student Worker II
4. Jacquie Tortolani, Title V CUSP, Student Worker IV
I. Ratify appointment of Student Workers for summer session 2012:
1. Norma Armenta, Child Development Center, Student Worker II
2. Colin Auxier, Information Systems, Student Worker IV
3. Liliana Bautista, DSPS, Student Worker II
4. Maria Carranza, Child Development Center, Student Worker III
5. Juan Castro, Math Academy, Student Worker III
6. Maleny Chavez, Child Development Center, Student Worker I
7. Maria Rosario Chua, Math Academy, Student Worker III
8. Michelle Clark, Library, Student Worker I
9. Jesus Edeza, Math Academy, Student Worker III
10. Timothy Elliott, Information Systems, Student Worker III
11. Mariah Flores-Fonseca, Math Academy, Student Worker III
12. Danielle Galvan, EOPS, Student Worker II
13. Rudy Garcia, Summer Bridge Program, Student Worker III
14. Shannon Gattis, Student Life, Student Worker III
15. Gabriela Godinez, Child Development Center, Student Worker I
5
APPENDIX A
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
Sequoia Grimble, Student Life, Student Worker III
Ana Hernandez, Title V CUSP, Student Worker IV
Zachary Johnson, Information Systems, Student Worker III
Ivan Lopez Mendoza, Math Academy, Student Worker III
David Magill, Math Academy, Student Worker III
Manuel Malagon Villagomez, Information Systems, Student Worker III
Eduardo Margarito, Information Systems, Student Worker III
Mayra Martinez, Library, Student Worker I
Moises Martinez, Child Development Center, Student Worker I
Lorena Mendoza, Summer Bridge Program, Student Worker III
Karina Montejano, Math Academy, Student Worker III
Rohit Patel, Math Academy, Student Worker III
John Pineda, Summer Bridge Program, Student Worker III
Manuel Rosales, Cafeteria, Student Worker I
30.
Maria Rosario Pedraz de Avalos, Child Development Center, Student Worker III
31.
32.
33.
34.
35.
36.
Olga Pena-Fuentas, Child Development Center, Student Worker III
Maria Santana Barragan, Child Development Center, Student Worker II
Ariel Torres, EOPS, Student Worker II
Jacquie Tortolani, Title V CUSP, Student Worker IV
Sarah Weaghington, Information Systems, Student Worker III
Kristina Webster, Student Affairs, Student Worker III
6
Unadopted
HARTNELL COMMUNITY COLLEGE DISTRICT
MINUTES
Special Meeting of the Board of Trustees
CALL 208, Training Room
411 Central Avenue
Salinas, California
July 25, 2012
OPEN SESSION
Meeting called to order at 7:03 p.m. by Trustee Padilla-Chavez.
PLEDGE OF
ALLEGIANCE
Trustee Pruneda led the Pledge of Allegiance.
ROLL CALL
Erica Padilla Chavez, President
Candi DePauw, Vice President
Patricia Donohue
Bill Freeman
Elia Gonzalez-Castro
Ray Montemayor
Demetrio Pruneda
Elaine Duran Luchini, Student Trustee
Willard Lewallen, Board Secretary/Superintendent/President
PUBLIC
COMMENTS
None
Trustee Padilla-Chavez announced that the Board of Trustees of Hartnell Community
College District would meet in Closed Session to consider legal, personnel, labor,
and/or contract matters authorized for Closed Session per Government Code
Sections, 3549.1, 54956.9, 54957 and/or 54957.6.
1. Conference with Legal Counsel – Anticipated Litigation
Government Code Section 54956.9 Significant Exposure to Litigation (3 cases)
MOVED TO CLOSED The Board, Dr. Lewallen, and legal counsel, Tom Manniello, moved to closed
session at 7:05 p.m. to consider legal, personnel, labor, and/or contract matters
SESSION
authorized for Closed Session per Government Code Sections, 3549.1, 54956.9,
54957 and/or 54957.6. Legal counsel, Mary Dowell, Liebert, Cassidy, Whitmore,
joined the Board via telephone.
RECONVENED
PUBLIC SESSION
Trustee Padilla-Chavez reconvened the public session at 7:45 p.m.
REPORT OUT FROM There was no reportable action.
CLOSED SESSION
AWARD
CONTRACT- PE
FIELD HOUSE
Motioned (Freeman), seconded (Donohue) carried unanimously, the Board moved to
award the contract for the PE Field House Project to the lowest responsive and
responsible bidder, Tombleson, Inc.
HCCD – SPECIAL MEETING OF THE BOARD– JULY 25, 2012
Page 1 of 2
BOARD TRAVEL
Motioned (Pruneda), seconded (Montemayor) carried unanimously, the Board
approved travel for Student Trustee Duran Luchini to attend the Community College
League of California 2012 Student Trustee Workshop, August 10-11, 2012, Hyatt
Regency San Francisco Airport.
ADJOURNMENT
The meeting adjourned at 7:50 p.m. in memory of victims of Aurora, Colorado.
Erica Padilla-Chavez
Board of Trustees President
HCCD – SPECIAL MEETING OF THE BOARD– JULY 25, 2012
Willard Lewallen, Ph.D.
Board Secretary
Page 2 of 2
AGENDA ITEM FOR BOARD MEETING OF:
Title
August 21, 2012
Number
IV. B.
Disbursements of General Funds
Area
Status
Office of Support Operations
Prepared by: Alfred Muñoz
Consent
Recommendation
The administration recommends that the Board of Trustees ratify disbursements from District
accounts.
Summary
The attached lists of disbursements from District accounts are presented for ratification.
COUNTY WARRANTS
Any or all of the following funds:
General; Debt Service; Bookstore; Child Development Center; Capital Outlay; Scheduled
Maintenance/State-Funded Projects; Property Acquisition; Bond Projects; Cafeteria; SelfInsurance; Retirees’ Health Benefits; Associated Student Body; Scholarship, Loan, and Trust;
and Intercollegiate Athletics
DATE
06/11/12
06/18/12
06/27/12
WARRANT NUMBER
12940983
12942555
12944535
NO OF
WARRANTS
12941121
12942623
12944780
139
69
246
Subtotal
AMOUNT
$392,734.33
$25,972.72
$813,217.95
$1,231,925.00
Note: Legal fees in above summary total $9,383.00
CHECKING ACCOUNTS
General Fund Revolving
DATE
June 12
Total
Budget Implication
None
WARRANT NUMBER
10424
10431
NO OF
WARRANTS
8
AMOUNT
$19,134.17
$1,251,059.17
.
AGENDA ITEM FOR BOARD MEETING OF:
Title
August 21, 2012
Number
Quarterly Financial Status Report (CCFS311Q) for June 30, 2012
IV. C.
Area
Status
Office of Support Operations
Prepared by: Alfred Muñoz
Consent
Recommendation
The administration recommends that the Board of Trustees review and accept the Quarterly
Financial Status Report (CCFS-311Q) for the period ended June 30, 2012.
Summary
AB 2910, Chapter 1486, Statutes of 1986, require California Community College Districts to
report on their financial condition on a quarterly basis. Accordingly, the District must submit
the attached Quarterly Financial Status Report (Form CCFS-311Q) to the Chancellor’s
Office. The County Superintendent of Schools receives an information copy.
In summary, this quarterly report indicates that the District is solvent and that no unusual
financial matters arose during the quarter.
Budget Implications
None
AGENDA ITEM FOR BOARD MEETING OF:
August 21, 2012
Title
Grant Application to the Chancellor’s Office
of the California Community Colleges for
the Industry Driven Regional Collaborative
(IDRC) for Sustainable Civil Construction
Number
Area
Office of Advancement
Prepared by: Jackie Cruz
Status
Consent
IV. D.
Recommendation
The administration recommends that the Board of Trustees ratify the grant application to the
Chancellor’s Office of the California Community Colleges, and if awarded, accept the funds
and authorize the administration to enter into agreements to execute the work per the grant
application.
Summary
Hartnell College’s Sustainable Civil Construction Associate of Science Degree and
Certificate program, developed at the strong request of regional industry, will integrate
sustainable, or “green,” content into the civil construction-engineering program. Total grant
application is for $373,528 over two years. Total matching funds from Hartnell College,
Hartnell College Foundation (Private) and other Private donors is $409,613.
Building on the current program to meet the needs of industry -- including industries that
depend on planning, design, and construction – Hartnell College and its 17 industry partners
will implement a Sustainable Civil Construction Program leading to an AS Degree and other
specialized, short-term training programs.
Term: Fall 2012 – Fall 2014
Budget Implications
Not to exceed $82,598 over two years
Source of Funds
State $373,528
AGENDA ITEM FOR BOARD MEETING OF:
August 21, 2012
Title
Grant Application to the U.S. Department
Education for Veterans Upward Bound
Number
Are
Office of Advancement
Prepared by: Jackie Cruz
Status
Consent
IV. E.
Recommendation
The administration recommends that the Board of Trustees ratify the grant application to the
U.S. Department of Education, and if awarded, accept the funds and authorize the
administration to enter into agreements to execute the work per the grant application.
Summary
The Hartnell College Veterans Upward Bound project will improve academic performance
and postsecondary enrollment and graduation for 150 veterans a year in the Salinas Valley
and Monterey County by implementing additional services over the next 5 years.
The area is home to large numbers of veterans who are low income, unemployed, and who
have no more than a high school education. Veterans' services are dispersed across more than
3,700 square miles of Monterey County and local veterans programs report a need for more
resources to serve veterans. Demand for services from Hartnell’s veterans program has grown
from serving 72 to 154 veterans (100 percent increase) in just the last three years.
The Veterans Upward Bound project will leverage services and support from other,
complementary programs as well as veterans services programs throughout the region to
create synergy between programs; improve cost-effectiveness; and strengthen the support
structures needed to achieve academic and life success for the our student veterans.
Term: Fall 2012 – Fall 2017
Budget Implications
No impact on general fund--years 1-5.
Source of Funds
Federal up to a maximum of $1,250,000
AGENDA ITEM FOR BOARD MEETING OF:
Title
August 21, 2012
Number
Child Development Center Agency SelfEvaluation Report – Fiscal year 2011-12
IV. F.
Area
Status
Child Development Center
Prepared by: Linda Taylor
Consent
Recommendation
The administration recommends that the Board of Trustees approve the Hartnell College Child
Development Center’s Agency Self-Evaluation Report for fiscal year 2011-12.
Summary
The State of California Department of Education requires that the Governing Board of Hartnell
College review and approve the Child Development Center’s Annual Agency Self-Evaluation
Report. Hartnell College Child Development Centers were contracted with the State Department
of Education to provide a preschool program up to 152 children during fiscal year 2011-12.
Budget Implications
None
Fiscal Year 2011–12 Program Self-Evaluation
Forms
All Forms Due:
Friday, June 1, 2012, 5 p.m.
Child Development Division
California Department of Education
Child Development Division
California Department of Education
CD 4000
March 2012
Program Self-Evaluation Annual Report
Contractor’s Legal Name
Vendor Number 6604
Hartnell Community College District
Cal-SAFE
CDS Code
Contract and
Age
CSPP
CCTR – (Infant/Toddler)
CCTR – (School Age)
Education Network (Infant/Toddler)
Education Network (Preschool)
CHAN
CMIG - (Infant/Toddler)
CMIG - (Preschool)
Date Program Self-Evaluation Completed
May 31, 2012
Number of Classrooms
Number of Family Child Care Homes
2
0
Describe the Program Self-Evaluation Process (Note: This area expands as necessary.)
COMPETED EARLY CHILDHOOD ENVIRONMENTAL RATING SCALE FOR MAIN AND ALISAL CAMPUS CLASSROOMS AND
DEVELOPED A PLAN OF ACTION USING THE RESULTS FROM THE RATING SCALE FOR EACH CLASSROOM. (CLASSROOM
TEACHERS COMPLETED ECERS DURING DECEMBER 2011 ON THEIR OWN CLASSROOMS AND CONFERRED WITH
OTHER TEACHERS, TEACHER INTERNS, SITE SUPERVISOR, AND PROGRAM DIRECTOR AT THE JANUARY 2012 STAFF
DEVELOPMENT DAY TO DEVELOP A PLAN OF ACTION.) DISTRIBUTED PARENT SURVEYS DURING JANUARY PARENT
EDUCATION DAY 1/12. COMPILED AND ANALYZED THE RESULTS FROM THE RETURNED SURVEYS AND DEVELOPED
AN ACTION PLAN BASED ON THE COMPLETED PARENT SUMMARY OF FINDINGS TO BE IMPLEMENTED FOR THE
REMAINDER OF THE SCHOOL YEAR. ADDITIONAL PARENT SURVEY TOPICS OF INTEREST WERE DISTRIBUTED DURING
PARENT ORIENTATION DURING AUGUST 2011 AND PLANNED THIS YEAR’S PARENT EDUCATION PROGRAM AROUND
THESE TOPICS). COMPILED AND ANALYZED RESULTS OF THE DESIRED RESULTS DEVELOPMENTAL PROFILES AND
DEVELOPED AN ACTION PLAN BASED ON THE COMPLETED DEVELOPMENTAL PROFILE SUMMARY OF FINDINGS FROM
DRDPTECH. (CLASSROOM TEACHERS CONDUCTED OBSERVATIONS, RECORDED THEIR OBSERVATIONS, COMPLETED
THE DRDPR ON EACH CHILD, COMPLETED THE CHILD SUMMARY, CONDUCTED PARENT CONFERENCES AND WILL
IMPLEMENT THE ACTION PLAN. THIS WAS ALSO DONE FOLLOWING THE FALL 2011 PARENT/TEACHER
CONFERENCES AND THE 4001B COMPLETED. THE SITE SUPERVISOR/PROGRAM DIRECTOR COMPILED THE DATA
AND ANALYZED THE RESULTS AND DEVELOPED PROGRAM GOALS FOR THE NEXT SCHOOL YEAR BASED ON THE
RESULTS.
THE PARENTS CONTRIBUTED INFORMATION ABOUT THEIR OWN CHILD’S DEVELOPMENT TO BE INCLUDED IN
DRDPR AND PARTICIPATED IN TWO PARENT CONFERENCES. USING ALL THE ABOVE DATA, SET PROGRAM GOALS
FOR THE 2012/13 SCHOOL YEAR. (PROGRAM DIRECTOR) THE BOARD OF TRUSTEES APPROVES THE CDC BUDGET,
PROGRAM POLICIES AND PROCEDURES, EMERGENCY CLOSURES (IF ANY), CONTRACTS AND AGENCY SELF EVALUATION
REPORT DURING REGULAR BOARD MEETINGS.
THE SELF EVALUATION PROCESS BEGAN AT THE END OF LAST SCHOOL YEAR (MAY 2011) AND COMPLETED THE
PROCESS AT THE END OF MAY 2012. THE REPORTED DATA FROM THE ATTACHED 4001A WILL BE IMPLEMENTED
BEGINNING IN JULY 2012.
THE
A copy of the Program Self-Evaluation will be presented to the
Governing Board. (August Board Meeting)
A copy of the Program Self-Evaluation will be presented to
teaching/program staff. (Staff Development Day)
A copy of the Program Self-Evaluation will be presented to
parents. (Parent Orientation Days)
Statement of Completion
Signature
I certify that a Program
Self-Evaluation was completed. Name, Title, and Phone Number
Linda Taylor, CDC Director
(831) 755-6946
Date 08/21/12
Date 08/07/12
Date 08/16 & 08/17,
2012
Date 05/31/12
Child Development Division
California Department of Education
CD 4001A
March 2012
Desired Results Developmental Profile Summary of Findings
And Program Action Plan – Program or Network Level
Contractor Name Hartnell Community College District
Contract Type, Education Network, and/or Cal-SAFE
CSPP
Planning Date July 2012, August 2012, October 2012
Follow-up Date(s) August 2012, January 2013, May 2013
Age Group (Infant/Toddler, Preschool, School-Age)
Preschool
Lead Planner’s Name and Position
Linda Taylor,CDC Director & Melanie Allison,Site Supervisor
Lead Planner’s Name and Position
Carmen Gonzalez & Janice Martinez, CDC Teachers
This form can be expanded and is not limited to a single page.
Key Findings from
Developmental Profiles
And
Educational Goal
(What will be
accomplished for
children?)
Key Finding: Spring 2011 Data
indicates 93% of Graduating four
year old Children are at the
Building/Integrating Level in the
domain of Math. This represents
an increase of 51% since Fall
2011. The percentage of children
at the Building/Integrating level in
all domains was lowest in the
Math Domain in the Fall 2011 at
42%
Action Steps
(Including materials and training
needed, schedule, space and
supervision changes)
Action Step: Though adequate progress was
made related to the Math Domain over the
course of six months, the staff reported difficulty
in accessing the appropriate materials due to the
program’s lack of organization. By the beginning
of the 12/13 school year, the CDC Main resource
room will have cabinets added, and a storage
shed added at Alisal campus CDC, and staff will
participate in organizing math materials by
category, based on the Curriculum Framework,
and develop an inventory list of all materials.
Expected
Completion Date
and Persons
Responsible
July 2012
Melanie Allison,
Alisal Campus
Linda Taylor,
Main Campus
Follow-Up and
Reflection
(Changes made,
date completed,
time extended)
Educational Goal: Four Year
Old children enrolled in the 201213 school year will be expected to
make similar progress in the Math
Domain.
Educational Goal: Four Year
old groups enrolled in the 201213 school year will make more
significant progress in the area of
Understanding Number
Relationships and Operations,
specifically with Mathematical
Reasoning. This was identified
as the area with the lowest
percent of children at the
Building/Integrating Level in the
Fall 2011 at only 7%.
Action Steps: Student Interns participated in
the CPIN Training on Mathematics called
“Geometry It’s More than Shapes!” on April 8.
They learned ideas, games and fun activities to
make geometry come to life in the classroom.
We plan to review the CPIN training schedule
during the August Staff Development Day to see
if there will be additional Math workshops
available.
Action Steps: Student Interns will increase
utilizing graphing (once a week, minimum) during
first “community time” and encourage children to
collect data, tally totals and graph results. Lead
Teachers will provide specific in-service training
on Understanding Number Relationships and
Mathematical Reasoning in addition to any CPIN
trainings offered on the Math Domain.
August 2012
Linda Taylor
October 2012
Carmen Gonzales,
Main Campus
Janice Martinez,
Alisal Campus
AGENDA ITEM FOR BOARD MEETING OF:
Title
August 21, 2012
Number
Agreement with Chancellor’s Office Tax
Offset Program (COTOP) to recover
outstanding student debts through the
Franchise Tax Board
IV. G.
Area
Status
Office of Support Operations
Prepared by: Al Muñoz
Consent
Recommendation
The administration recommends that the Board of Trustees authorize the administration to enter
into an agreement with the California Community Colleges Chancellor’s Office to participate
in the Chancellor’s Office Tax Offset Program (COTOP) for the purpose of collecting
outstanding student financial aid and proper non-financial aid obligations owed to the district
through the State Franchise Tax Board’s Interagency Offset Program.
Summary
AB 237 authorizes the Chancellor’s Office to act on behalf of local community college districts
for the purpose of collecting outstanding student financial aid obligations through participation
in the Franchise Tax Board’s Interagency Tax Offset Program. The program was enhanced in
1991 by legislation (AB 3929, Jones) to permit the offset of specific non-financial aid
obligations owed to the districts. By contracting with the Chancellor’s Office, local districts
can recover outstanding student debts owed to the colleges such as enrollment fees, out-of-state
fees, library fines, personal checks written with non-sufficient funds, student loans, financial
aid overpayments, and other approved debts. Under the program, the Chancellor’s Office
requests the Franchise Tax Board to offset (deduct) the amount owed to a district from the
student/debtor’s personal state income tax refund, lottery winnings, or other state refund. The
Franchise Tax Board remits any amounts offset to the Chancellor’s Office, which then
authorizes the State Controller to disburse the offset amount, minus a 25 percent (25%)
administrative fee, to the participating local districts.
In the last 13 years, the COTOP program has succeeded in offsetting and returning over $16.1
million directly to participating districts. In the first 2 quarters of 2012, in excess of $2.8
million has been collected and returned to the districts.
Budget Implications
The District will pay to the Chancellor an amount equal to but not greater than 25 percent
(25%) of the amount which the Chancellor collects on behalf of the District from the Franchise
Tax Board.
AGENDA ITEM FOR BOARD MEETING OF:
August 21, 2012
Title
Foundation for California Community
Colleges
Number
Area
Status
Office of Academic Affairs
Consent
IV. H.
Recommendation
The administration recommends that the Board of Trustees ratify the agreement between
Hartnell Community College District and Foundation for Community Colleges.
Summary
The Foundation for the California Community Colleges contracts with the State to provide this
service by contracting with local colleges. This contract will reimburse Hartnell College for
direct services provided to foster youth. The goal of this grant is to support current and
transitional foster and probationary youth and community members.
Participants are not charge for services, including education and employment opportunities.
Term: July 1, 2012 to June 30, 2013
Budget Implications
Source of Funds: State: $22,500
AGENDA ITEM FOR BOARD MEETING OF:
August 21, 2012
Title
Out-of-Country Travel
Number
Area
Office of the President
Status
Consent
IV. I
Recommendation
The administration recommends that the Board of Trustees approve the out-of-country travel for
Kathy Mendelsohn, Faculty, to serve as a member of an Accreditation Site Visiting Team.
Summary
Ms. Mendelsohn has been asked by the Accrediting Commission for Community and Junior
Colleges to serve on the Northern Marianas College Accreditation Site Visiting Team. Travel
dates are October 22-25, 2012 in Saipan, MP.
This experience will benefit the college because Ms. Mendelsohn will gain the knowledge and
expertise that will be of assistance to the college during its own accreditation process.
Budget Implications
The Accrediting Commission Colleges and Junior Colleges will pay for all travel expenses.
AGENDA ITEM FOR BOARD MEETING OF:
Title
August 21, 2012
Number
Personnel Actions
IV. J.
Area
Status
Human Resources & Equal Employment
Opportunity
Consent
Prepared by: Terri Pyer
Recommendation
The administration recommends that the Board of Trustees ratify and/or approve the personnel
actions as listed below:
Summary
Approval of:
2
retirements of regular personnel
Ratification of:
2
3
1
3
3
112
24
1
20
appointments of management positions
appointments of academic personnel
appointment of regular classified position
part-time instructor hires for summer session
appointments of substitute positions
part-time instructor hires for fall semester
appointments of professional experts
appointment of volunteer position
student worker hires for summer session
Detail
I.
Retirements, resignations, releases, and leave requests
A. Ratify retirement of regular personnel:
1. Elizabeth A. Stern, Division Administrative Assistant – Advanced Technology
(#CC-44), effective July 31, 2012.
2. Maria E. Rose, Student Services Technician – Student Affairs (#CC-107),
effective August 10, 2012.
Page 1 of 8
II.
Appointments:
A. Ratify appointments to management positions:
1.
Stephanie Low, Interim Vice President of Academic Affairs and Accreditation,
(#A-58), Range I(a), Step E, effective August 7, 2012. After the end of this
interim assignment, which is not to exceed one year, Ms. Low will return to her
previous position of Dean of Curriculum and Instructional Support.
2.
Daniel Teresa, full-time, Athletic Director, (#A-54), Column III, Step E, effective
August 1, 2012. Mr. Teresa was placed in this position on an interim basis as the
result of a reorganization of management, and this appointment will make that
permanent.
B. Ratify appointments of academic personnel:
1.
Thomas Rettenwender, Sustainable Design Instructor, (#F-116), Advanced
Technology, Step 3, Column C, effective August 17, 2012. This is a temporary,
grant-funded position.
2.
Sonia Arteaga, Computer Science Instructor, (#F-117), Advanced Technology,
Step 4, Column E, effective August 17, 2012.
3.
Meagan Plumb, temporary, one year, full-time English Instructor, (#F-67), Fine
Arts, Step 2, Column B, effective August 17, 2012.
C. Ratify appointment of classified employee:
1.
Bronwyn Moreno, 40 hours per week, 12 months per year, MESA Project
Coordinator – Classified, (#CC-29), Range 36, Step B, effective August 6, 2012.
D. Ratify appointments of part-time instructors for summer session 2012:
1.
2.
3.
Diane Jones, Theater Arts
Cathy Noble, Counseling
Richard Givens, Counseling
E. Ratify appointments of substitutes:
1. Mary Brown, $22.14/hr (20 hrs/week), DSPS Lead Specialist, July 2 –August 31,
2012.
2. Yesenia Carrillo, $13.92/hr (20 hrs/week), Assessment Technician, July 9 –
September 6, 2012.
3. Christian Regalado, $15.73/hr (40 hrs/week), Student Services Technician, July
10 – September 7, 2012.
Page 2 of 8
F. Ratify appointments of part-time instructors for fall semester 2012:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
Elizabeth Andrade, Psychology
Lorenzo Aragon, Theater Arts
Ed Barber, Physical Education
Olga Blomgren, English
Derek Bonsper, Health Services
Michael Branstetter, Mathematics
Zoe Buck, Astronomy. Appointment based on equivalency as follows: Master's in
related field MS in Science Education and is progressing towards PhD in Science
Education. 5 quarter units = 16 units semester graduate units, 3 upper division
units in Astronomy.
Angelo Bummer, English
Susan Cable, Theater Arts
Fernando Cabrera, Spanish
Kayla Canelo, History
Lucas Cantin, Chemistry
Susannah Carney-Waddy, English
Fernando Carrillo, Automotive Technology
Jenny Cogswell, English as a Second Language
Philip Collins, Music
Catherine Dacosta, Mathematics
Donald Dally, Theater Arts
MaryAnn DelVecchio, English
Theodore Dolas, Theater Arts
Javier Dorantes, Welding
Derek Duarte, Theater Arts
Julie Edgcomb, Psychology
Warren Edmonds, Computer Information Systems
Matthew Escover, Political Science
Sewan Fan, Physics
Marilu Flores, Spanish
Nellis Gilchrist, Alcohol & Other Drugs
Wanda Guibert, English
Lionell Handel, Agriculture Business & Technology
Deborah Harris, English
Lawrence Harris, Political Science
Robin Hayes, Biology
Jeffrey Heyer, Theater Arts
Lynn Hilden, Mathematics
John Himelright, Philosophy
Page 3 of 8
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
Sera Hirasuna, English
Kristy Holland, History
Jonathan Hubbard, Biology
Ben Jimenez, Administration of Justice
Hortencia Jimenez, Sociology
Diane Jones, Theater Arts
Calvin Kanow, Art
Daniel Kaplan, Biology
Kara Kuvakas, Geography. Appointment based on equivalency as follows:
Master’s in environmental science, which is related to geography, plus 15 units in
field discipline. Equivalency met by a combination of undergraduate and graduate
coursework in environmental sciences.
Sam Lavorato, Administration of Justice
Derrick Lavoie, Biology
Derrick Lavoie, Oceanography. Appointment based on equivalency as follows:
PhD in science education. Master’s in biological science. Coursework in
oceanography, including marine ecology. 15 years of teaching experience at the
college level plus 19 units of coursework consistent with oceanography.
William Laughton, Administration of Justice
Jeffrey Lewis, Administration of Justice
Leanna Lofte, Mathematics
Joshua Lyman, Communication Studies
Julie Martin, Geology
Cicely McCreight, Counseling
Nickolas McDaniel, Psychology
Patty McEfee, Office Technology & Foundations of Success
Byron Merritt, Health Services
Ann Merville, Anthropology
Eric Moberg, English
Jose Moncada, Construction
Glenda Mora, English
Peggy Munoz-Meador, Political Science
Pamela Murakami, Art
William Musselman, Automotive Technology
Renee Nelson, English
Norma Nichols, Counseling
Juan Oliverez, History
Jose Oviedo, Mathematics. Appointment based on equivalency as follows: MS
and BS in electrical engineering from UCSC. Master’s in related discipline and
15 units of graduate work in math.
Jennifer Pagliaro, Art
Brian Palmer, Mathematics
Jaeduck Park, English as a Second Language
Page 4 of 8
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
Michael Parker, Administration of Justice
John Perez, Mathematics
Marie Perucca-Ramirez, English as a Second Language
Ayas Pirani, English
Raylene Potter, Mathematics
Gilles Prado, Computer Information Systems
Merry Pratt, Psychology
Sylvia Rios, Art
Larry Robison, Automotive Technology
Wendy Roscher, English
Barry Sheppy, Spanish
Steven Shore, History
Tracey Spencer, Administration of Justice
Alicia Steinhardt, Biology
Alexandre Stoykov, Computer Science & Information Systems
Eric Strayer, Sociology
Deborah Sturt, Communication Studies
Patricia Sullivan, Art
Sarah Swaty, English
Janine Tabor, English as a Second Language
Jonathan Teraji, Automotive Technology. Appointment based on equivalency as
follows: 46 units including 18 breadth required courses. Current valid certificates
to work in California in discipline: Bureau of Automotive Repair Smog Check
License; ASE certification, plus Toyota master certification.
Afshin Tiraie, Mathematics
Daniel Torres, Business
Mary Touton, Biology
Jose Trujillo, Administration of Justice
Diana Upton, Early Childhood Education
Rene VanLingen, Mathematics
Tracy Villanueva, Health Services
Galina Vinokurov, Music
Kristina Wallace, Mathematics
Robert Ward, Drafting
Andrew Washburn, Mathematics
Dana Weston, Psychology
George Whaley, Automotive Technology
Marisol White, Sociology
Nancy Wheat, Biology
Neil Withers, Mathematics. Appointment based on equivalency as follows:
Master’s in quantitative methods, considered related to mathematics. Bachelor’s
Page 5 of 8
109.
110.
111.
112.
in mathematics, 15 units upper division and graduate level course work in math,
including 12 graduate level units.
Rhiannon Woo, Agriculture Business Technology
Daphne Young, English
Levy Zamora, Communication Studies
Emily Zuniga, Counseling
G. Ratify appointments of Professional Experts:
Summer Health Institute is a yearly summer program for talented, qualified high school
students sponsored by a nursing grant provided by Salinas Valley Memorial Hospital and other
partners. Professional experts mentor students in basic nursing laboratory skills:
1.
2.
Daleth Foster, $40/hr (36 hrs total), instructional aide, June 18 – 21, 2012.
Stacy Sanchez, $20/hr (20 hrs total) instructional assistant, June 18 -21, 2012.
The Athletic program provides competitive opportunities for Hartnell students and
professional experts assist coaches in fulfilling the program’s mission:
3.
4.
5.
6.
7.
Andre Bailey, $200 total, assistant men’s basketball coach, June 18 - 22, 2012.
Jeff Eaton, $150 total, assistant baseball coach, June 25 – 29, 2012.
Carly Haddan, $200 total, assistant women’s basketball coach, July 9 - 13, 2012.
Monica Nicholson, $1000 total, assistant track coach, January 15 - May 22, 2012.
Mitch Torres, $150 total, assistant baseball coach, June 25 - 29, 2012.
The High School Equivalency Program (HEP) is funded by the US Department of Education
Office of Migrant Education. HEP is a migrant education program designed to assist migrant
and seasonal field workers obtain their GED and employment, military service,
apprenticeship, Certificate of Skills Acquisition, Certificate of Achievement, or Associate’s
Degree:
8.
9.
10.
11.
12.
Martha De La Rosa, $15/hr (40 hrs/week), GED facilitator, July 1 - December 21, 2012.
Floriberto Garcia, $15/hr (40 hrs/week), GED facilitator, July 1 - December 21, 2012.
Maria Guerrero, $15/hr (40 hrs/week), GED facilitator, July 16 - December 21, 2012.
Jessica Lopez, $15/hr (40 hrs/week), GED facilitator, July 1 - December 21, 2012.
Leticia Sanchez, $15/hr (40 hrs/week), GED facilitator, July 1 - December 21, 2012.
SEMAA is an after school program targeting students from kindergarten to 12 grade that
supplements science education in the classrooms. Curriculum and supplies are provided:
13.
Kaley Grimland, $18/hr (20 hrs/week), program coordinator, May 22, 2012 – May
23, 2013.
In support of the accelerated program of instruction undertaken by participants in the grantfunded WIA Youth CTE Program, Construction Field Practice (CONS 150) will be offered
this summer. Students will attend six hours a day over the course of the extended (eight week)
summer program:
Page 6 of 8
14.
Tanya Muulbong, $10/hr (30 hrs/week), on-site support/assistant, June 22 – July
27, 2012.
Hartnell’s theater arts program/The Western Stage (TWS) provides students the opportunity to
learn their craft within a professional context:
15.
16.
Arturo Martinez, $7,000 total, master carpenter, July 11 – December 14, 2012.
Steve Uccello, $1,500 total, musician, June 16 – July 15, 2012.
Supplemental Instruction (SI) is a peer-led academic support program that helps students
enrolled in certain historically challenging courses. SI leaders in the Tutorial Center facilitate
student learning through out-of-class discussion and study skills support:
17.
Yesenia Lopez, $11.65/hr (25 hrs/week), tutor, July 1 - December 21, 2012.
Assist English faculty in the development of supplemental learning activities for English 253
and compile data on the supplemental instruction program’s outcomes for ENG 253 and other
English courses:
18.
19.
Laura Cannon, $1,440 total, developer, June 11 – 22, 2012.
Karina Young, $1,440 total, developer, June 11 – 22, 2012.
The Foster Kinship Care Education Program (FKCE) provides advanced training for current
and prospective foster, relative, and non-related extended family member, caregivers, adoptive
parents, and local agency employees; and support for foster home recruitment activities. This
grant-funded program is a joint effort of the California Community College Chancellor’s
Office and the Department of Social and Employment Services (DSES). Assignments include
orientation leaders, trainers, childcare and activity providers, and program coordination:
20.
Melissa Martinez, $25/hr (as needed), FKCE trainer, May 1, 2012 – June 10,
2013.
The 2012 Summer Bridge Program is a 5-week course designed to provide STEM (science,
technology, engineering & math) and health care course strengthening to graduating seniors in
the Salinas Valley who plan on attending Hartnell College in the coming fall:
21.
22.
23.
Oxana Pantchenko, $1,383 total, sustainable engineering instruction, July 16 –19,
2012.
Anne Wasser, $1,744 total, marine science instruction, July 9 – 12, 2012.
Tiffany Wise-West, $1,083 total, environmental science instruction, July 16 – 18,
2012.
Page 7 of 8
The mission of the East Salinas GEAR UP program is to increase the number of students who
are prepared to enter and succeed in post-secondary education and to increase parent
involvement by assisting Spanish-speaking GED students in mastering subject matter: reading
and writing, social science, social studies and math:
24.
Jaime Diaz, $20/hr (25 hrs/week), family liaison, July 2, 2012 – June 30, 2013
H. Ratify appointment of volunteer position:
1.
Alejandro Alcaraz, physical education, July 9 - December 21, 2012.
I. Ratify appointment of Student Workers for summer 2012:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Maria Luz Acevedo, Tutorial Center, Student Worker III
Antonio Berber, Library, Student Worker I
Anita Casarez, Financial Aid, Student Worker I
Claudia Cerna, Tutorial Center, Student Worker III
Yanira Cortez, Cafeteria, Student Worker I
Florisel Cruz, Tutorial Center, Student Worker III
Rodolfo Garcia, Math Academy, Student Worker III
Roxana Garcia, Cafeteria, Student Worker I
Monica Garnica, EOPS, Student Worker II
Jocelyn Gonzalez de la Cruz, Math Academy, Student Worker III
Monica Lara, Child Development Center, Student Worker II
Leilani Lewellyn, Cafeteria, Student Worker I
Brian Lewis, Math Academy, Student Worker III
David Magill, Cafeteria, Student Worker I
Elia Martinez, Tutorial Center, Student Worker II
Leticia Ortega, High School Equivalency Program, Student Worker I
Robert Ramirez, Cafeteria, Student Worker I
Lorenzo Reyna, Tutorial Center, Student Worker IV
Hannelore Rose, Tutorial Center, Student Worker II
Carolina Zamora, Math Academy, Student Worker III
Page 8 of 8
ACTION ITEMS
AGENDA ITEM FOR BOARD MEETING OF: August 21, 2012
Title
Number
Budget Revisions
V. A.
Area
Status
Office of Support Operations
Prepared by: Alfred Muñoz
Action
Recommendation
The administration recommends that the Board of Trustees ratify budget revisions for fiscal
year 2011-2012, numbered 9869 to 9902.
Background
The Board of Trustees recognizes that the annual budget of the District is a financial plan and is
subject to adjustments during the fiscal year caused by changes in enrollments, programs,
services, and the cost of goods and services.
Summary
Revisions to the adopted budget are subject to approval by the Board of Trustees. Budget
revisions consist of transfers between major object expenditures or from the appropriations for
contingencies, as well as budgetary increases for the use of funds not included in the original
budget.
All budget entry numbers are assigned automatically assuring a complete sequence accounting.
Numeric breaks on the attached report are due to the exclusion of budget transfers, which do
not require Board approval. The accompanying Budget Journal Entry Detail Report was
produced directly from the accounting software.
Budget Implication
The Unrestricted General Fund and Associated Student Body Fund (71) budgets remains
unchanged.
The Restricted General Fund budget increased by $979,768.32, due to increased revenue to
program.
AGENDA ITEM FOR BOARD MEETING OF:
Title
August 21, 2012
Number
Resolution 12:14, Revision to JPA
Agreement for Monterey County Schools
Insurance Group
V. B.
Area
Status
Human Resources & Equal Employment
Opportunity
Action (Roll-call)
Prepared by: Terri Pyer
Recommendation
The administration recommends that the Board of Trustees adopt Resolution 12:14, Revision to
Joint Powers Agreement for the Monterey County Schools Insurance Group.
Summary
The MCSIG Board adopted the first MCSIG Joint Powers Agreement on November 22, 1982. The
Board subsequently adopted revisions to the Agreement on September 3, 1991, October 16, 1995,
January 15, 1997, March 13, 1999, May 24, 2000, November 19, 2004 and October 25, 2005 which
were all ratified by the required 2/3 of the MCSIG member districts. A copy of the 2005 (most
recent) version is included in this packet for reference (Attachment A).
A comprehensive due diligence and best practices evaluation of the 2005 Agreement by MCSIG
staff and legal counsel resulted in a significant revision to the JPA Agreement (2012 version) which
was adopted by the MCSIG Board on June 19, 2012 (Attachment B). The following major factors
led to the adopted revisions:
1. The need to separate the Bylaw provisions from the Agreement into a separate document in
accordance with best governance practices.
2. Aligning selected provisions of the Agreement with recently adopted governance and fiscal
policies adopted by the MCSIG Board
3. Re-formatting the Agreement for clarity and flow
4. Updating statutory references
5. Incorporating new language and provisions in accordance with best governance practices
Discussion
The 2012 Agreement contains revisions, additions, changes and deletions related to the five factors
cited above. In addition, the 2012 Agreement has been reformatted.
The most significant revision to the 2012 Agreement was the transfer of entire sections to the
proposed new separate Bylaws document, which will be adopted by the MCSIG Board
upon ratification of the 2012 Agreement by two-thirds of our member districts. A copy of the
proposed new Bylaws document is included in this packet for information only (Attachment C).
New Article 10.14 of the 2012 Agreement provides that the MCSIG Board will adopt a policy
“outlining the details and process for calculating, declaring and utilizing excess assets for monthly
rate holidays or adjustments”. The MCSIG Board has approved the attached draft revised Net
Cash Asset Use Policy for distribution with this packet as an information item only (Attachment D)
so the member districts have information on how Article 10.14 is proposed to be applied. The draft
Policy will be adopted by the MCSIG Board upon ratification of the 2012 Agreement by twothirds of our member districts.
The attached tables (Attachment E) summarize the revisions, additions, changes and deletions. The
last table provides a section cross-reference between the 2005 and 2012 Agreement versions as well
as to the new, proposed Bylaws.
Budget Implications
None
HARTNELL COMMUNITY COLLEGE DISTRICT
Resolution 12:14
Revision to Joint Powers Agreement
for the Monterey County Schools Insurance Group
WHEREAS, the Monterey County Schools Insurance Group is a Joint Powers Authority
formed under authority of Section 6500 et seq. of the California Government Code; and
WHEREAS, the MCSIG Board adopted the original Joint Powers Agreement to establish,
operate and maintain a self- insurance program on November 22, 1982; and
WHEREAS, the MCSIG Board adopted revisions to the Joint Powers Agreement on
September 3, 1991, October 16, 1995, January 15, 1997, March 13, 1999, May 24, 2000,
November 19, 2004 and October 25, 2005; and
WHEREAS, on June 19, 2012 the Board of Directors of Monterey County Schools
Insurance Group approved revisions to the Monterey County Schools Insurance Group Joint Powers
Agreement, and
WHEREAS, the (your district name) is currently a member of the Monterey County
Schools Insurance Group Joint Powers Authority, and
WHEREAS, the revisions adopted by the Monterey County Schools Insurance Group
Board on June 19, 2012 have been duly presented and explained to this Board;
THEREFORE BE IT RESOLVED, that the (your district’s name) Governing Board of
Directors approves the revised Joint Powers Agreement for the Monterey County Schools Insurance
Group.
Adopted by the Hartnell Community College Governing Board on August 21, 2012 by the following
vote to wit:
Upon the motion of __________________, seconded by __________________, effective (same date
as above).
AYES:
NOES :
ABSENT:
Erica Padilla-Chavez, Board President
I, Willard Lewallen, Secretary/Clerk of the Governing Board, do hereby certify that the foregoing is
a full, true, and correct copy of a resolution duly passed and adopted by said Board at a regularly
called and conducted meeting held on said date.
_______________________________________
Secretary/Clerk of the Governing Board
ATTACHMENT A
2005 JPA AGREEMENT
ATTACHMENT A
MCSIG
BY-LAWS AND JPA AGREEMENT
Revised 10/25/05
ATTACHMENT A
JOINT POWERS AGREEMENT
For
Monterey County Schools Insurance Group
TABLE OF CONTENTS
SECTION
PAGE
FORMATION OF ENTITY...........................................................................................................2
1.0 Creation of the Joint Powers Entity..........................................................................................2
2.0 Functions of the JPA ................................................................................................................2
3.0 Powers of Authority .................................................................................................................3
4.0 Term of Agreement ..................................................................................................................4
ORGANIZATION...........................................................................................................................4
5.0 Membership..............................................................................................................................4
6.0 Board of Directors ....................................................................................................................5
7.0 Executive Committee ...............................................................................................................7
8.0 Officers .....................................................................................................................................8
OPERATIONS ................................................................................................................................8
9.0 Financial ...................................................................................................................................8
10.0 Coverage...................................................................................................................................9
11.0 Accounts and Records ............................................................................................................11
12.0 Health Management ...............................................................................................................11
DISSOLUTION OF AGENCY AND DISPOSITION OF PROPERTY AND FUNDS ..........11
13.0 Termination of Agreement .....................................................................................................11
14.0 Withdrawal or Removal from Membership ...........................................................................12
15.0 Disposition of Property and Funds .........................................................................................13
AMENDMENTS............................................................................................................................13
16.0 Amendments...........................................................................................................................13
SEVERABILITY...........................................................................................................................14
17.0 Severability.............................................................................................................................14
LIABILITY ....................................................................................................................................14
18.0 Liability ..................................................................................................................................14
ENFORCEMENT .........................................................................................................................14
19.0 Enforcement ...........................................................................................................................14
Revised 10/25/05
1
ATTACHMENT A
BY-LAWS AND JPA AGREEMENT REVISED JOINT
POWERS AGREEMENT TO ESTABLISH, OPERATE, AND
MAINTAIN A SELF-INSURANCE PROGRAM FOR HEALTH
AND WELFARE BENEFITS
THIS REVISED AGREEMENT is entered into pursuant to the provisions of the Joint Exercise of
Powers Act, Title 1, Division 7, Chapter 5, Article 1 (commencing with section 6500) of the California
Government Code between the public education agencies signatory hereto.
WITNESSETH:
WHEREAS, it is the mutual benefit of the parties hereto and in the best public interest that said
parties join together to establish a fund to self-insure the participating public educational
agencies for health and welfare benefits and to pay for the administration of said fund
and the costs related thereto; and
WHEREAS, Sections 1274, 39602-39603 and 81602-81603 of the California Education Code
authorize the county superintendent of schools and the governing boards of school
districts and of community college districts to establish a fund or funds individually or
jointly to self-insure for a program of health and welfare benefits; and
WHEREAS, the original joint powers agreement to establish, operate and maintain a self- insurance
program was in effect from November 22, 1982 until September 3, 1991, whereupon it
was superseded by a revised joint powers agreement for the establishment, operation and
maintenance of a self-insurance program for health and welfare benefits and for payment
of the administration of said fund and the costs related thereto; and
WHEREAS, the public educational agencies signatory hereto desire to further revise the existing joint
powers agreement as previously revised; and
WHEREAS, this revised joint powers agreement supersedes the original agreement, as revised and
amended.
NOW, THEREFORE, for and in consideration of all the mutual benefits, covenants, and conditions
herein contained, the parties hereby agree as follows:
FORMATION OF ENTITY
1.0 CREATION OF THE JOINT POWERS ENTITY
Pursuant to Sections 6500, et seq., of the Government Code, a joint powers entity, separate and
apart from the public educational agencies signatory hereto, shall be and is hereby created to be
known as the Monterey County Schools Insurance Group (hereinafter referred to as the "JPA").
2.0 FUNCTIONS OF THE JPA
2.1 The JPA is established for the purposes of administering this revised Agreement,
pursuant to the joint exercise of powers provisions of the Government Code; providing
the services and other items necessary and appropriate for the establishment, operation
Revised 10/25/05
2
ATTACHMENT A
and maintenance of a self-insurance program for health and welfare benefits for the
public educational agencies who are signatory hereto; and providing a forum for
discussion, study, development and implementation of recommendations of mutual
interest regarding other programs of self-insurance.
2.2 The functions of the JPA are:
2.2.1
To provide a self-insurance plan and system, as stated in the plan document
given to each member, for health and welfare benefits for the members of the
JPA and, as such, to perform, or contract for the performance of, the financial
administration, policy formulation, claim service, legal representation, cost
containment and other developments as necessary for the payment and handling
of all health and welfare claims against members. Said payment and handling
for any member shall be for health and welfare claims filed and arising out of
facts occurring during the period of membership in the JPA. The JPA shall not
pay or handle for a member any health and welfare claims which arise out of
services occurring before membership or after termination of membership in
this JPA.
2.2.2
To enter into contracts.
2.2.3
To obtain excess coverage insurance in the form and amount to be determined
by the Board of Directors.
2.2.4
To acquire, hold, and dispose of property, real and personal, all for the purpose
of providing the membership with the necessary education, study, development,
and implementation of a self-insurance program for health and welfare benefits,
but not limited to, the acquisition of facilities and equipment necessary, the
employment of personnel, and the operation and maintenance of a system for
the handling of the self-insurance plan.
2.2.5
To incur debts, liabilities, and obligations necessary to accomplish the purposes
of this Agreement.
2.2.6
To receive gifts, contributions, and donations of property, funds, services, and
other forms of assistance from persons, firms, corporations, associations, and
any governmental entity.
2.2.7
To invest surplus reserve funds as deemed appropriate by the Board of
Directors.
2.2.8
To sue and be sued in the name of the JPA.
2.2.9
To perform such other functions as may be necessary or appropriate to carry out
this Agreement, so long as other functions so performed are not prohibited by
any provision of law.
3.0 POWERS OF AUTHORITY
3.1 The JPA shall have the power and authority to exercise any power common to the public
educational agencies which are parties to this Agreement, provided that the same are in
Revised 10/25/05
3
ATTACHMENT A
furtherance of the functions and objectives set forth herein. Pursuant to Section 6509 of
the California Government Code, the exercise of the aforesaid powers of the JPA shall
be subject to the restrictions upon the manner of exercising such powers by a public
educational agency having the same status as a general law public school district of
Monterey County, except as otherwise provided in this revised agreement.
4.0 TERM OF AGREEMENT
4.1 This revised agreement shall be effective upon the execution hereof by the parties or by
their duly authorized representatives and shall supersede and replace any agreement or
agreements between the parties relating to the JPA. This agreement shall continue in
effect until lawfully terminated as provided herein. In the event of a reorganization of
one or more of the public educational agencies participating in this agreement, the
successor in interest or successors in interest to the obligations of any such reorganized
public educational agency may be substituted as a party or as parties to this agreement.
ORGANIZATION
5.0 MEMBERSHIP
5.1 Membership in the JPA shall consist of public educational agencies and other public
entities which have the powers set forth herein and which agree to comply with the
terms of this revised agreement. Each party which becomes a member of the JPA shall
be entitled to all rights and privileges of, and shall be subject to the obligations of,
membership as provided herein.
5.2 Parties originally forming the JPA and agreeing to comply with the terms of this revised
agreement shall become members of the JPA upon the effective date of this revised
agreement.
5.3 For all other public educational agencies or public entities which desire to become
members of the JPA after the effective date of this agreement, such membership is
contingent upon such conditions as the Board of Directors may establish and may
require a contribution to reserves and upon official action by the agency's governing
body requesting such membership, transmitted in writing to the JPA's Executive
Committee not later than May 1 prior to the fiscal year of planned participation and
approved in writing by a majority of all the members of the JPA, and upon execution of
this agreement.
5.4 An agency or entity which has previously been a member of the JPA may apply for
reinstatement in accordance with subsection 5.3 provided that:
5.4.1
If the agency or entity has previously withdrawn from the JPA in accordance
with subsection 14.2 of this revised agreement, a period of no less than thirtysix months must have elapsed since the effective date of withdrawal, and the
agency or entity may be required to repay all asset disbursements made to it at
the time of withdrawal plus any fees, costs, or expenses which may be required
by the Board.
5.4.2
If the agency or entity has previously been involuntarily terminated from
membership in accordance with subsection 14.3 of this revised agreement, all
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ATTACHMENT A
asset disbursements made to the agency or entity at the time of withdrawal may
be required to be repaid and written assurances satisfactory to the Board must
be provided that the circumstances which caused the involuntary termination
will not reoccur.
6.0 BOARD OF DIRECTORS
6.1 A Board of Directors is hereby established to direct and control the JPA.
6.2.1
Each member of the JPA which has less than 500 active covered employees
under the JPA's health and welfare plans shall be entitled to appoint to the
Board of Directors one representative and one alternate who shall be designated
in writing. Said representative and said alternate must be employees or officers
of the member and shall serve at the pleasure of the member by whom
appointed. Only the designated representative or designated alternate may
represent a member, and each shall be invited to attend all meetings of the
Board of Directors. The designated representative and designated alternate may
invite members of their agencies' staffs or consultants to attend meetings of the
Board of Directors in an advisory capacity only.
6.2.2
Each member of the JPA which has 500 or more active covered employees
under the JPA's health and welfare plans shall be entitled to appoint to the
Board of Directors two representatives and one alternate who shall be
designated in writing. Said representatives and said alternate must be
employees or officers of the member and shall serve at the pleasure of the
member by whom appointed. Only the representatives or designated alternate
may represent the member, and each shall be invited to attend all meetings of
the Board of Directors. The designated representatives and designated alternate
may invite members of their agencies' staffs or consultants to attend meetings of
the Board of Directors in an advisory capacity only.
6.2.3
In addition to the representative and alternates identified in 6.2.1 and 6.2.2
above, recognized employee bargaining organizations of member agencies are
entitled to appoint a number of at-large representatives to the Board of Directors
equal to 33% of the total, or the nearest whole number in the event of a fraction,
of the total number of board representatives (not including alternates) appointed
pursuant to 6.2.1 and 6.2.2 above. The employee bargaining organization
representatives must be active covered employees of a JPA member. Each
bargaining organization shall be entitled to a number of representatives which is
in direct proportion to the number of active covered employees it represents as
of January 1 of the current even numbered year. All fractions will be rounded
down to the nearest even number. Such appointment must be in writing and the
representative may serve at the pleasure of the appointing organization until
replaced, or the number of representative entitlement reduces, or if the
representative violates any provisions of the JPA Agreement.
6.2.3.1 An employee bargaining organization is defined as a local, state or nationally
recognized labor association which has exclusive bargaining rights for an
identified group of employees at a member public education agency or other
member public agency.
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6.2.4 In addition to the representatives and alternates identified in 6.2.1, 6.2.2 and
6.2.3 above, covered retirees are entitled to elect an at-large representative to the
Board of Directors. Elections for the retiree representative shall be by mail
ballot every two years from a list of self-nominated covered retiree candidates.
In the event of a vacancy, the Board of Directors President shall appoint a
retiree representative for the balance of the two-year term.
6.2.4.1 A covered retiree is a MCSIG member who has continued their MCSIG
coverage since retiring from the member district.
6.3
Each designated representative shall have one vote, which may be cast only by the
designated representative, or in his/her absence by the designated alternate. No proxy
or absentee votes shall be permitted. Except as otherwise provided, a vote of the
majority of those designated representatives and designated alternates entitled to vote
who are present at a meeting of the Board of Directors shall be sufficient to constitute
action, provided that a quorum is present. In the event of a tie vote, the motion or
action fails. A quorum shall consist of not less than one-third (1/3) of the designated
representatives of the JPA.
6.4
The Board of Directors may conduct regular, adjourned regular, special, and adjourned
special meetings, provided, however, that it will hold at least four regular Board of
Directors meetings each fiscal year. The date, time, and place for each such regular
meetings shall be fixed by action of the Executive Committee. Advance notice will be
filed with each member of the JPA for all Board of Directors Meetings. Additional
special meetings are permitted by the petition of not less than five members of the
Board. Such petition is to be addressed to the President of the Board. All meetings of
the Board of Directors shall be called, held, and conducted in accordance with the terms
and provisions of the Ralph M. Brown Act (sections 54950, et seq., of the California
Government Code), as said Act may be modified by subsequent legislation, and as the
same may be augmented by rules of the Board of Directors not inconsistent therewith.
Except as otherwise provided or permitted by law, all meetings of the Board of
Directors shall cause minutes of its meetings to be kept, and shall promptly transmit to
the members of the JPA true and correct copies of the minutes of such meetings.
6.5
The Board of Directors, by resolution, shall designate a specific location at which it will
receive notices, correspondence, and other communications, and shall designate one of
its members as an officer for the purpose of receiving service on behalf of the Board of
Directors. The Board of Directors shall comply with the provisions of Sections 6503.5
and 53051 of the Government Code requiring the filing of a statement with the
Secretary of State and with the County Clerk.
6.6
The Board of Directors may appoint and dissolve working committees from its
membership.
6.7
The Board of Directors shall determine premium contribution rates and the method of
which contributions will be paid to the JPA. The Board of Directors shall also provide
for additional assessments during the year if necessary or appropriate, to allow for
increased costs and expenses as they may occur. The Board of Directors shall insure
that a complete and accurate system of accounting of the JPA shall be maintained at all
times consistent with established auditing standards and accounting procedures. The
Board of Directors shall determine the manner in which health and welfare claims shall
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ATTACHMENT A
be processed. Such processing shall conform to all provisions of law now in effect or
later enacted.
6.8
The Board of Directors shall approve plan design.
6.9 No one serving on the Board of Directors shall receive any salary or compensation
from the JPA for service on the Board of Directors.
6.10 The Board of Directors shall elect an Executive Committee as hereinafter provided.
7.0 EXECUTIVE COMMITTEE
7.1 The Board of Directors shall elect from its members an Executive Committee of eight
(8) members as follows:
7.1.1 Two (2) designated representatives who are not members of any employee
bargaining organization and two (2) representatives of employee bargaining
organizations or designated representatives who are members of employee
bargaining organizations shall be elected to the Executive Committee by the
Board of Directors for terms of office commencing in even-numbered years.
7.1.2 Two (2) designated representatives who are not members of any employee
bargaining organization and two (2) representatives of employee bargaining
organizations or designated representatives who are members of employee
bargaining organizations shall be elected to the Executive Committee by the
Board of Directors for terms of office commencing in odd-numbered years.
7.1.3 Terms of office shall be of two (2) years' duration commencing at December 1
of each fiscal year.
7.2 The Executive Committee shall be responsible for the ongoing operations of the JPA
and is hereby empowered to implement and enforce rules, regulations, and procedures
as the Board of Directors or Executive Committee may adopt and to enter into any
lawful agreement necessary to carry out such responsibilities.
7.3 The Executive Committee shall perform such duties and have such power and authority
not specifically reserved for the Board.
7.4 The Executive Committee may conduct regular, adjourned regular, special and
adjourned special meetings.
The date, time and place upon which such regular
meetings shall be held shall be publicly posted prior to the meeting on a public bulletin
board to be designated by the Executive Committee and filed with each member of the
JPA.
7.5 The presence of a majority of the members of the Executive Committee shall constitute
a quorum except that less than a quorum may adjourn from time to time.
An
affirmative vote of five (5) members of the Executive Committee shall be necessary to
constitute action and to transact business.
7.6 All meetings of the Executive Committee shall be called, held, and conducted in
accordance with the provision of the Ralph B. Brown Act, Sections 45950 et seq., of
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ATTACHMENT A
the California Government Code, as said Act may be amended by subsequent
legislation and augmented by rules of the Executive Committee not inconsistent
therewith. Except as otherwise provided or permitted by law, all meetings of the
Executive Committee shall cause minutes of its meetings to be kept, and shall promptly
transmit to the members of the Executive Committee and to each member of the JPA a
true and correct copy of such minutes.
8.0 OFFICERS
8.1 The Officers of the JPA shall be elected by the Executive Committee. The principal
officers shall be a President, a Vice-President, and a Treasurer and shall each serve an
annual term of office commencing on December 1 of each fiscal year. Any person
elected as an officer may be removed at any time, with or without cause, and all
vacancies however arising may be filled at any time by the affirmative vote of a
majority of the Executive Committee as prescribed in subsection 7.5. A person so
elected shall serve the remaining portion of the unexpired term.
8.2 The President shall be chief executive officer and shall have general supervision and
direction of the business of the JPA by ensuring that all orders and resolutions of the
Board of Directors and Executive Committee are carried into effect. The President
shall be a member of all committees appointed by the Executive Committee or by the
Board of Directors. The President shall have such other powers and perform such other
duties as may be prescribed from time to time by the Board of Directors.
8.3 The Vice President shall have such powers and perform such duties as may be
prescribed from time to time by the Board of directors or the President. In the absence
or disability of the President, the Vice President shall be vested with all the powers and
authorized to perform all the duties of the President.
8.4 The Treasurer shall be the chief financial officer of the JPA and shall assume the duties
described in Section 6505.5 of the California Government Code, as follows:
8.4.1 Receive and receipt for all monies of the JPA and place it in the County
Treasury to the credit of the JPA.
8.4.2
Be responsible for the safekeeping and disbursement of all money of the JPA
held by him/her.
8.4.3 Pay, when due, out of money of the JPA so held by him/her, all sums payable
by the JPA only upon warrants authorized by him/her and drawn by the
Monterey County Superintendent of Schools, or his authorized representative.
8.4.4 Verify and report in writing at the end of each quarter of the fiscal year to the
Board of Directors of the JPA receipts since the last report, and the amount paid
out since the last report.
8.4.5 The Treasurer shall have such other powers and perform such other duties as
may be prescribed from time to time by the Board of Directors or the President.
OPERATIONS
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ATTACHMENT A
9.0 FINANCIAL
9.1 The JPA shall operate on a fiscal year from July 1st to June 30th.
9.2 The Board of Directors shall annually, on or before June 30th, adopt a budget showing
each of the purposes for which the JPA will need money and the estimated amount of
money that will be needed for each such purpose for the ensuing fiscal year. A copy of
the budget shall be transmitted to each of the participating members.
9.3 Each member of the JPA who is a public educational agency in Monterey County
hereby agrees to authorize the Monterey County Superintendent of Schools to transfer
from its general fund any required contributions and assessments as specified in the
Agreement.
Other agencies shall be billed on an itemized invoice for required
contributions.
9.4 Annual assessments, as approved by the Board of Directors for each member of the
JPA, shall be determined in accordance with procedures established by the Board of
Directors and filed with each member.
9.5 If the total obligations against all the members of the JPA exceed in any year the total
amount of operating and reserve funds established by the Board of Directors, the
members may be assessed a pro rata share of the additional contributions as determined
by the Board of Directors.
9.6 At least annually all expenditures of funds of the JPA shall be reviewed and ratified by
the Board of Directors.
9.7 A general fund shall be established and maintained to receive monies of the JPA. The
JPA shall accept and deposit in the JPA general fund all monies received by it including
monies from any of the following sources:
9.7.1 Members contributions, including assessments and any other charges.
9.7.2 Interest and other investment income.
9.7.3 Refund of insurance premiums and excess loss claims.
9.7.4 Subrogation recoveries.
9.7.5 Grants from any public agency or private company.
9.8 The general fund shall expend monies for the purpose of the operation of the JPA and
the health and benefit program. Such expenses shall be necessary and appropriate as
determined by local or state regulations.
9.9 Imprest accounts shall be established and maintained out of monies received by and
deposited in the general fund. Monies shall be transferred from the general fund to the
imprest account solely for the purposes of paying claims of the members. This account
shall be established at a national, state, or local bank whose deposits are insured in the
Federal Deposit Insurance Corporation.
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ATTACHMENT A
10.0 COVERAGE
10.1 Each public agency or public entity which is a party to this Agreement shall,
at the time it applies for membership pursuant to section 5.3, designate which
employees or group(s) of employees are to be covered by the health and welfare
benefits offered by this joint powers agency. Such designation is subject to approval
by the Board of Directors.
10.1.1 Any member agency desiring to change its designation of employees
or group(s) of employees to be covered by the health and welfare
benefits offered by this joint powers agency shall notify the Executive
Committee of the JPA in writing prior to December 31st preceding
the effective date of the change. Any change in the designation of
which employees shall be included within or excluded from a group
of employees which has been approved for membership by the Board
of Directors is also subject to approval by the Board of Directors.
Unless such change is disapproved by the Board of Directors or
rescinded by the member agency as provided hereinbelow, such
change shall be effective at the end of the fiscal year.
10.1.1.1
Any member agency which has notified the Executive Committee of a
change of designation as provided herein may, with the consent of
the Executive Committee, rescind such change by giving written
notice to the Executive Committee no later than May 1st of the
fiscal year of withdrawal.
10.1.1.2
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Any member agency which desires to rescind a change of
designation after May 1st of the fiscal year of withdrawal shall
present, prior to the end of the fiscal year, a written request to the
Executive Committee setting forth the special circumstances
which warrant allowing the requesting member agency or its late
rescinding designated employees or group(s) to remain covered by
the health and welfare benefits offered by this joint powers
agency. The Executive Committee shall have the sole power to
determine whether to consider the request and, if so considered,
whether the request presents sufficient special circumstances to
warrant approval. Approval of a request to rescind a withdrawal
notice as provided herein shall be by not less than a two-thirds
vote of the Executive Committee, shall be conditioned upon the
requesting member agency’s acceptance of financial terms set
forth by the Executive Committee, and shall require a minimum
three year commitment by the member agency to maintain
coverage for the late rescinding designated employees’ or
group(s)’ health and welfare benefits through this joint powers
agency. The requesting member agency shall accept in writing
the terms set forth by the Executive Committee prior to the end of
the fiscal year or such earlier date as established by the Executive
Committee.
Following timely acceptance of continuation of
coverage, failure by the requesting member agency to fulfill the
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ATTACHMENT A
minimum three years of additional continuous membership for its
late rescinding designated employees or group(s) in the joint
powers agency shall result in the loss of all membership rights,
privileges, and share of assets, without relief from any and all
financial obligations owed by the member agency to the joint
powers agency.
10.1.2 To the fullest extent practicable the provisions of section 14.0 below relating to
withdrawal or removal from membership shall be applicable to a member's
employees or group(s) of employees for whom a change in coverage
designation has been made, except that no member who has made a change of
coverage designation for any employees or group(s) of employees shall be
permitted to further change its coverage designation for such employees or
group(s) of employees for a period of two (2) years from the effective date of
such change. In addition, the Board of Directors may establish conditions and
may require a contribution to reserves for any employees or group(s) of
employees for whom a member adds coverage as provided herein.
10.1.3 Pursuant to section 14.2, upon removal of any employees or group(s) of
employees, as provided in section 10.1.1 above, from coverage by the health
and welfare benefits offered by this joint powers agency.
10.1.3.1 The member agency shall assume total liability of all of its incurred
open claims plus its incurred-but-not reported claims for the removed
employees or group(s) of employees as of the effective date of the
change.
10.1.3.2 The Board of Directors shall establish the amount of cash balance
(reserves) for the member agency's removed employees or group(s) of
employees based upon the percentage of assessments paid to the JPA
during the previous 24 months participation in the JPA attributable to
the member agency's removed employees or group(s) of employees.
Such cash balance shall be paid to the member agency within 60 days of
the effective date of the change.
10.1.3.3 The member agency shall provide in writing a release to the JPA
from all liability for all claims, as of the effective date of the change of
the member's removed employees or group(s) of employees.
10.1.3.4 Nothing in the foregoing shall preclude the JPA and the member
agency from negotiating an agreement to resolve any or all of the details
of removal of employees or group(s) of employees which differ from
the foregoing provisions but which are mutually agreeable to both
parties and in accordance with existing law.
10.2 As soon as practicable following the effective date of the self-insured plan for health
and welfare benefits, the Board of Directors shall cause to be distributed to members a
Summary Plan Description, a Plan Document, and other pertinent descriptions and
documents relating to each member's benefit plan.
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ATTACHMENT A
11.0 ACCOUNTS AND RECORDS
11.1 The Treasurer of Monterey County is the designated depository of the JPA.
11.2 The JPA is strictly accountable for all funds received and dispersed by it and, to that
end, the JPA shall establish and maintain such funds and accounts as may be required
by good accounting practice or by any provisions of law or any resolution of the JPA.
Books and records of the JPA in the hands of the Treasurer of the JPA shall be open to
inspection at all reasonable times by representatives of the members. The JPA, as soon
as practical after the close of each fiscal year, shall give, or cause to be given, a
complete written report of all financial activities for such fiscal year to each member of
the Board of Directors and to the chief administrative officer of each member of the
JPA.
11.3 The Executive Committee shall make, or contract with a certified public accountant to
make an annual audit of the accounts, records, and financial affairs of the JPA. In each
case the minimum requirements of the audit shall be those prescribed by the State
Controller for Special Districts under Section 26909 of the California Government
Code and shall conform to generally accepted auditing standards and accounting
principles. When such an audit of accounts and reports is made by a certified public
accountant, a report thereof shall be filed as a public record with each of the members
of the JPA, and also with the Auditor-Controller of Monterey County. Such reports
shall be filed within twelve (12) months of the end of the fiscal year under
examination. Any costs of the audit, including contracts with, or employment of,
certified public accountants in making the audit(s) provided for herein, shall be
appropriate administrative charges against the funds of the JPA.
11.4 The Monterey County Superintendent of Schools shall draw warrants to pay demands
against the JPA when such demands have been duly approved by the Executive
Director and Treasurer of the JPA.
12.0 HEALTH MANAGEMENT
12.1 The Board of Directors of the JPA shall develop suggested guidelines for health
management and cost containment practices. Each of the members hereby agrees to
consider the implementation in its agency of the guidelines developed by the Board of
Directors.
DISSOLUTION OF AGENCY AND DISPOSITION OF PROPERTY AND FUNDS
13.0 TERMINATION OF AGREEMENT
13.1 This agreement may be terminated effective at the end of any fiscal year by affirmative
action of two-thirds (2/3) of the then participating members; provided, however, that
the JPA and this agreement shall continue to exist for the purpose of disposing of
liabilities, distribution of assets, and all other functions necessary to conclude the
affairs of the JPA.
14.0 WITHDRAWAL OR REMOVAL FROM MEMBERSHIP
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ATTACHMENT A
14.1 Any member having completed three (3) consecutive years as a member of the JPA
may voluntarily withdraw from its status as a member and a party to the joint powers
agreement at the end of any fiscal year by notifying the Executive Committee of the
JPA in writing prior to December 31st preceding the fiscal year of withdrawal. Any
member agency which has notified the Executive Committee of withdrawal as
provided herein may, with the consent of the Executive Committee, rescind such
withdrawal by giving written notice to the Executive Committee no later than May 1st
of the fiscal year of withdrawal. Unless rescinded as provided herein, such change
shall be effective at the end of the fiscal year. Except as provided below, no refund or
repayment shall be made to any withdrawing member.
14.2 Upon withdrawal:
14.2.1 Assumption of Liability by Withdrawing Member. The withdrawing member
shall assume total liability for all its incurred but open claims plus its incurredbut-not-reported claims as of the withdrawal date.
14.2.2 Withdrawing Member’s Proportionate Share of Expenses. The withdrawing
member shall pay to the JPA its proportionate share of incurred-but-not-paid
program expenses as of the withdrawal date. The withdrawing member shall
be credited with its proportionate share of pre-paid program expenses for
periods after the withdrawal date.
14.2.3 Calculation and Payment of Withdrawing Member’s Proportionate Share of
Cash Balance (Reserves).
The Board of Directors shall establish the
withdrawing member’s proportionate share of the JPA’s cash balance
(reserves) based upon the percentage of assessments paid by the withdrawing
member to the JPA during the withdrawing member’s previous 24 months’
participation in the JPA. Pre-paid contributions by non-withdrawing members
for future coverage after the withdrawing member’s withdrawal date shall not
be included in the JPA’s cash balance (reserves) for purposes of calculating
the withdrawing member’s proportionate share of the JPA’s cash balance
(reserves). The withdrawing member’s proportionate share of the JPA’s cash
balance (reserves) shall be reduced by the amount of any non-withdrawing
member’s prepaid contributions and any incurred-but-not paid program
expenses. The net amount of the withdrawing member’s proportionate share
of the JPA’s cash balance shall be paid to the withdrawing member within 60
days after the withdrawal date. The withdrawing member shall pay any and
all amounts due the JPA within 60 days after the withdrawal date.
14.2.4 Release from Liability. The withdrawing member shall provide in writing a
release to the JPA from all liability of the withdrawing member’s claims as of
the withdrawal date.
14.2.5 Authority to Negotiate Separate Agreement. Nothing in the foregoing shall
preclude the JPA and the withdrawal member from negotiating an agreement to
resolve any or all of the details of withdrawal which differ from the foregoing
provisions but which are mutually agreeable to both parties in accordance with
existing law.
14.3 A member may be involuntarily terminated from the JPA at any time upon
recommendation of the Executive Committee and a vote of two-thirds (2/3) of the
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ATTACHMENT A
members of the Board of Directors. Involuntary termination shall have the effect of
eliminating the member as a signatory of the Joint Powers Agreement and as a member
of the JPA. Such termination shall be effective on June 30 or on such other date
recommended by the Executive Committee and shall be preceded by not less than
ninety (90) days written notice of termination. Should a member be involuntarily
terminated, liability and accounts shall be established pursuant to subdivision 14.2
above as though the member were voluntarily withdrawing. Grounds for involuntary
termination include, but are not limited to, the following:
14.3.1 Failure or refusal to pay contributions or assessments to the JPA as provided in
subdivision 9.3.
15.0 DISPOSITION OF PROPERTY AND FUNDS
15.1 In the event of the dissolution of the JPA, the complete recision or other final
termination of the Joint Powers Agreement by the members then a party to the
Agreement, the following shall occur:
15.1.1 Each member of the JPA shall assume total liability of all of its incurred open
claims plus its incurred-but-not-reported claims as of dissolution date of the
JPA.
15.1.2 The Board of Directors shall establish each member's amount of cash balance
(reserves) based on members percentage of assessments paid into JPA during
active participation in the JPA.
15.1.3 Any real and/or personal property interests and other assets remaining in the
JPA following a discharge of all liabilities and obligations shall be disposed of
by the Executive Committee. Proceeds from disposition shall be disposed of
by the Executive Committee. Proceeds from disposition shall be distributed to
members based on member's percentage of assessments paid into JPA during
active participation in the JPA, providing that assets are of sufficient value to
defray the cost of disposition.
15.1.4 The dissolution of the JPA shall be filed in writing with the State of California
by the JPA.
AMENDMENTS
16.0 AMENDMENTS
16.1 This revised agreement may be amended at any time with a subsequent written
Agreement signed by two-thirds (2/3) of members of the JPA. Any such amendment
shall be effective upon the date of final execution thereof, unless otherwise provided in
the amendment.
SEVERABILITY
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ATTACHMENT A
17.0 SEVERABILITY
17.1 Should any portion, term, condition, or provision of this Agreement be decided by a
court of competent jurisdiction to be illegal or in conflict with any law of the State of
California, or be otherwise rendered unenforceable or ineffectual, the validity of the
remaining portions, terms, conditions and provisions shall not be affected thereby.
LIABILITY
18.0 LIABILITY
18.1 It is expressly agreed by all parties to this revised agreement and by the Board of
Directors that, in contemplation of Sections 895.6 and 6508.1 of the California
Government Code respecting the right of contribution of public entities that are parties
to a joint powers agreement, no public entity a party hereto shall be jointly or severally
liable upon any judgement for damages caused by a negligent or wrongful act or
omission to act occurring in the performance of this revised agreement, which
judgment is rendered or imposed upon any one of the member entities or upon the
entity created by this revised agreement, unless the party shall have authorized or
consented to the same by an appropriately adopted resolution.
18.2 The JPA may insure itself, to the extent required by law and deemed appropriate by the
Board of Directors, against loss, liability, and claims arising out of or connected with
this revised agreement.
ENFORCEMENT
19.0 ENFORCEMENT
19.1 The JPA is hereby given authority to enforce this agreement. In the event suit is
brought upon this revised agreement by the JPA and judgment is rendered against a
member, the member shall pay all costs incurred by the JPA, including reasonable
attorney's fees as fixed by the court.
IN WITNESS WHEREOF, the parties have caused this revised agreement to be executed by their
.
respective duly-authorized representative effective
APPROVED AS TO FORM,
ADRIENNE GROVER, County Counsel
BY:
LEROY W. BLANKENSHIP
Assistant County Counsel
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ATTACHMENT B
2012 JPA AGREEMENT
ATTACHMENT B
MONTEREY COUNTY SCHOOLS
INSURANCE GROUP
JOINT POWERS AGREEMENT
Established:
Revised:
Revised:
Revised
Revised:
Revised:
Revised:
Revised:
Revised
11/22/1982
9/3/1991
10/16/1995
1/15/1997
3/13/1999
5/24/2000
11/19/2004
10/25/2005
6/19/2012
ATTACHMENT B
TABLE OF CONTENTS
SECTION
PAGE
FORMATION OF ENTITY ............................................................................................................. 1
Recitals..................................................................................................................................... 1
Definitions................................................................................................................................ 2
1.0 Formation of the Entity ............................................................................................................ 3
2.0 Parties to Agreement................................................................................................................ 3
3.0 Purpose of the Joint Powers Authority .................................................................................... 3
4.0 Powers of the Joint Powers Authority ..................................................................................... 5
5.0 Term of Agreement.................................................................................................................. 5
6.0 Member Agency Responsibilities ............................................................................................ 5
ORGANIZATION ............................................................................................................................ 6
7.0 Membership ............................................................................................................................. 6
8.0 Board of Directors.................................................................................................................... 7
9.0 Bylaws and Administrative Policy and Procedures ............................................................... 10
OPERATIONS................................................................................................................................ 10
10.0 Financial................................................................................................................................. 10
DISSOLUTION OF AGENCY AND DISPOSITION OF PROPERTY AND FUNDS................ 12
11.0 Dissolution of JPA and Disposition of Property and Funds .................................................. 12
AMENDMENTS ............................................................................................................................ 13
12.0 Amendments .......................................................................................................................... 13
CONSTRUCTION & SEVERABILITY ........................................................................................ 13
13.0 Construction & Severability .................................................................................................. 13
HOLD HARMLESS & INDEMNIFICATION .............................................................................. 13
14.0 Hold Harmless & Indemnification......................................................................................... 13
GENERAL PROVISIONS ............................................................................................................. 15
15.0 Complete Agreement ............................................................................................................. 15
16.0 Execution of Counterparts ..................................................................................................... 15
17.0 Enforcement ........................................................................................................................... 15
18.0 Dispute Resolution................................................................................................................. 15
19.0 Applicable Law and Forum ................................................................................................... 16
20.0 Acceptance of Service of Process .......................................................................................... 17
21.0 Waivers & Modifications....................................................................................................... 17
22.0 Conflict of Interest ................................................................................................................. 17
23.0 Books & Records ................................................................................................................... 17
24.0 Principal Office ...................................................................................................................... 17
25.0 Successors & Assignment...................................................................................................... 18
26.0 Notices ................................................................................................................................... 18
27.0 Filing with Secretary of State ................................................................................................ 18
ATTACHMENT B
JPA AGREEMENT
REVISED JOINT POWERS AGREEMENT TO ESTABLISH,
OPERATE, AND MAINTAIN A SELF-FUNDED PROGRAM
FOR HEALTH AND WELFARE BENEFITS
THIS REVISED AGREEMENT is entered into pursuant to the provisions of the Joint Exercise of
Powers Act, Title 1, Division 7, Chapter 5, Article 1 (commencing with section 6500) of the
California Government Code between the public education agencies signatory hereto.
WITNESSETH:
WHEREAS, it is the mutual benefit of the parties hereto and in the best public interest that said
parties join together to establish a fund to self-insure the participating public agencies
for health and welfare benefits and to pay for the administration of said fund and the
costs related thereto; and
WHEREAS, Sections 1274, 17566-17567 and 81602-81603 of the California Education Code
authorize the county superintendent of schools and the governing boards of school
districts and of community college districts to establish a fund or funds individually
or jointly to self-insure for a program of health and welfare benefits; and
WHEREAS, Section 53205.3 of the California Government Code authorizes school districts and
community college districts to join with other school districts or community
college districts, or any combination of those districts, in providing for the
payment of health and welfare benefits by entering into a pooling arrangement
under a joint exercise of powers agreement or on a self-insured or self-funded
basis or partly by means of self-insurance or self-funding and partly by means of
insurance or service agreements
WHEREAS, Section 6500 et seq. of the California Government Code authorizes local public
agencies, by agreement, to exercise jointly powers common to the contracting parties;
and
WHEREAS, the original joint powers Agreement to establish, operate and maintain a selfinsurance program was in effect from November 22, 1982 until September 3, 1991,
whereupon it was superseded by a revised joint powers Agreement for the
establishment, operation and maintenance of a self-funded program for health and
welfare benefits and for payment of the administration of said fund and the costs
related thereto which was in effect until October 16, 1995; whereupon it was
superseded by a revised joint powers Agreement for the establishment, operation and
maintenance of a self-funded program for health and welfare benefits and for
payment of the administration of said fund and the costs related thereto which was in
effect until January 15, 1997; whereupon it was superseded by a revised joint powers
Agreement for the establishment, operation and maintenance of a self-funded
program for health and welfare benefits and for payment of the administration of said
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fund and the costs related thereto which was in effect until March 13, 1999;
whereupon it was superseded by a revised joint powers Agreement for the
establishment, operation and maintenance of a self-funded program for health and
welfare benefits and for payment of the administration of said fund and the costs
related thereto which was in effect until May 24, 2000; whereupon it was superseded
by a revised joint powers Agreement for the establishment, operation and
maintenance of a self-funded program for health and welfare benefits and for
payment of the administration of said fund and the costs related thereto which was in
effect until November 19, 2004; whereupon it was superseded by a revised joint
powers Agreement for the establishment, operation and maintenance of a self-funded
program for health and welfare benefits and for payment of the administration of said
fund and the costs related thereto which was in effect until October 25, 2005;
whereupon it was superseded by a revised joint powers Agreement for the
establishment, operation and maintenance of a self-funded program for health and
welfare benefits and for payment of the administration of said fund and the costs
related thereto, and
WHEREAS, the public agencies signatory hereto desire to further revise the existing joint powers
Agreement as previously revised; and
WHEREAS, this revised joint powers Agreement supersedes the original Agreement, as revised
and amended.
NOW, THEREFORE, for and in consideration of all the mutual benefits, covenants, and conditions
herein contained, the parties hereby agree as follows:
DEFINITIONS
Unless the context otherwise requires, the following terms shall be defined as stated herein:
“Agreement” shall mean this JPA Agreement.
“Board” and “Board of Directors” shall mean the governing body of the JPA.
“Contributions” shall mean the estimated amount determined by the Board for each Member
necessary to fund the JPA for the coming Fiscal Year.
“Coverage Groups” shall mean groups of employees as defined by each Member.
“Excess Insurance” shall mean that insurance purchased by the JPA to cover Member’s losses in
excess of the coverage limits retained by the JPA.
“Fiscal Year” shall mean a period of time as defined in Article 10,
“Government Code” shall mean the California Government Code
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“JPA” or “Authority” shall mean Joint Powers Authority.
“MCSIG” shall mean the Monterey County Schools Insurance Group created by this Agreement.
“Member” and “Membership” and “Member Agency(ies)” shall mean any and each of the public
entities which are signatory to this Agreement.
“Participant” shall mean employees of Members or former employees (COBRA and retirees) of
Members enrolled in the medical, dental and/or vision programs provided by the JPA.
“Qualifying Economic Interest” shall be as defined by the Conflict of Interest Guide authored by the
California Office of the Attorney General.
ARTICLE 1
FORMATION OF ENTITY
1.0 CREATION OF THE JOINT POWERS ENTITY
1.1 Pursuant to Sections 6500, et seq., of the Government Code, a joint powers entity,
separate and apart from the public agencies signatory hereto, shall be and is hereby
created to be known as the Monterey County Schools Insurance Group (hereinafter
referred to as the "JPA").
1.2 The recitals set forth above are hereby incorporated by reference and made a part of this
Agreement.
ARTICLE 2
PARTIES TO AGREEMENT
Each party to this Agreement certifies that it intends to, and does, contract with all other parties who
are signatories of this Agreement, and, in addition, with such other parties as may later be added as
parties to, and signatories of, this Agreement pursuant to Article 7. Each party to this Agreement
also certifies that the deletion of any party from this Agreement, pursuant to Article 7 shall not
terminate this Agreement nor affect the remaining parties’ intent to contract as described above with
the other parties to the Agreement then remaining.
ARTICLE 3
PURPOSE OF THE JPA
3.0 PURPOSE OF THE JPA
3.1 The JPA is established for the purposes of:
3.1.1 Administering this revised Agreement, pursuant to the joint exercise of powers
provisions of the Government Code;
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3.1.2 Providing the services and other items necessary and appropriate for the
establishment, operation and maintenance of pooled fully-insured and self-funded
programs for health and welfare benefits for the public agencies who are signatory
hereto including joint purchase of Excess Insurance and administrative and other
services including, but not limited to, claims adjusting, data processing, health and
wellness programs, COBRA administration and legal services in connection with
any of the pooled coverage programs for said agencies;
3.1.3 Sharing the risk of self-funded losses;
3.1.4 Providing a forum for discussion, study, development and implementation of
recommendations of mutual interest regarding other programs of self-funded
coverage;
3.1.5 Providing, to the extent permitted by law, for the inclusion at a subsequent date of
such additional public entities organized and existing under the Constitution or laws
of the State of California as may desire to become parties to this Agreement and
members of the JPA, subject to the terms of Article 7; and
3.1.6 Providing for the removal of Member Agencies for cause or upon request.
3.2 The functions of the JPA are:
3.2.1 To provide pooled fully-insured and self-funded plans and systems, as stated in the
plan document given to each member, for health and welfare benefits for the
Members of the JPA and, as such, to perform, or contract for the performance of,
the financial administration, policy formulation, claim service, legal
representation, cost containment and other developments as necessary for the
payment and handling of all covered health and welfare claims against Members.
Said payment and handling for any Member shall be for health and welfare claims
filed and arising out of facts occurring during the period of membership in the
JPA. The JPA shall not pay or handle for a Member any health and welfare claims
which arise out of services occurring before membership or after termination of
membership in this JPA;
3.2.2 To enter into contracts;
3.2.3 To obtain Excess coverage Insurance in the form and amount to be determined by
the Executive Committee;
3.2.4 To acquire, hold, and dispose of property, real and personal, all for the purpose of
providing the Membership with the necessary education, study, development, and
implementation of a self-funded program for health and welfare benefits, but not
limited to, the acquisition of facilities and equipment necessary, the employment
of personnel, and the operation and maintenance of a system for the handling of
the self-funded plan;
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3.2.5 To incur debts, liabilities, and obligations necessary to accomplish the purposes of
this Agreement;
3.2.6 To receive gifts, contributions, and donations of property, funds, services, and
other forms of assistance from persons, firms, corporations, associations, and any
governmental entity;
3.2.7 To invest surplus reserve funds as deemed appropriate by the Executive
Committee;
3.2.8 To sue and be sued in the name of the JPA; and
3.2.9 To perform such other functions as may be necessary or appropriate to carry out
provision of law.
These purposes shall be accomplished through the exercise of the powers of the Member Agencies
jointly in the creation and operation of the JPA as described in Article 4.
ARTICLE 4
POWERS OF THE JPA
The JPA shall have the power and authority to exercise any power common to the public agencies
or public educational agencies which are parties to this Agreement, provided that the same are in
furtherance of the functions and objectives set forth herein. Pursuant to Section 6509 of the
California Government Code, the exercise of the aforesaid powers of the JPA shall be subject to the
restrictions upon the manner of exercising such powers by a public agency or a public educational
agency having the same status as a general law public entity or general law public school district of
California, except as otherwise provided in this revised Agreement.
ARTICLE 5
TERM OF AGREEMENT
This revised Agreement shall be effective upon the execution hereof by the parties or by their duly
authorized representatives and shall supersede and replace any JPA agreements between the parties
related to the JPA. This Agreement shall continue in effect until lawfully terminated as provided
herein.
ARTICLE 6
MEMBER AGENCY RESPONSIBILITIES
6.0 MEMBER AGENCY RESPONSIBILITIES
Member agencies shall have the following responsibilities:
6.1 To appoint a representative(s) to serve on the Board of Directors as provided in Article 8;
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6.2 To cooperate fully with the JPA, in all matters related to its purpose as described in Article
3 (eligibility, enrollment, designation of benefit representatives, Participant
communication etc);
6.3 To pay Contributions and any adjustments or assessments thereto promptly in the manner
determined by the JPA when due;
6.4 To provide the JPA with information as allowed by law and as may be necessary for the
JPA to carry out the purposes of this Agreement; and
6.5 To cooperate fully with and assist the JPA and any insurer, claims adjuster, financial
auditor, or legal counsel retained by the JPA, in all matters relating to this Agreement and
to comply with the Bylaws and all policies and procedures adopted by the Board.
ARTICLE 7
MEMBERSHIP
7.0 MEMBERSHIP
7.1 Membership in the JPA shall consist of public educational agencies and other public
entities which have the powers set forth herein and which agree to comply with the terms
of this revised Agreement. Each party which becomes a member of the JPA shall be
entitled to all rights and privileges of, and shall be subject to the obligations of,
membership as provided herein.
7.2 Parties originally forming the JPA and agreeing to comply with the terms of this revised
Agreement shall become members of the JPA upon the effective date of this revised
Agreement.
7.3 For all other public educational agencies or public entities which desire to become
members of the JPA after the effective date of this Agreement, such membership is
contingent upon such conditions as the Board of Directors may establish. Membership
shall become effective upon the date established by the Board. Prospective members may
apply for participation in the JPA as provided for in the Bylaws.
7.4 An agency or entity which has previously been a Member of the JPA may apply for
reinstatement in accordance with subsection 7.3 provided that:
7.4.1 If the agency or entity has previously withdrawn from the JPA in accordance with
subsection 7.5 of this revised Agreement, a period of no less than thirty-six months
must have elapsed since the effective date of withdrawal, and the agency or entity
may be required to repay all asset disbursements made to it at the time of
withdrawal plus any fees, costs, or expenses which may be required by the Board.
7.4.2 If the agency or entity has previously been involuntarily terminated from
membership in accordance with Article 11.1 of the Bylaws, all asset disbursements
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made to the agency or entity at the time of withdrawal may be required to be repaid
and written assurances satisfactory to the Board must be provided that the
circumstances which caused the involuntary termination will not reoccur.
7.5
Any Member having completed three (3) consecutive years as a Member of the JPA may
voluntarily withdraw from its status as a Member and a party to the joint powers
Agreement at the end of any Fiscal Year by notifying the Executive Committee of the JPA
in writing prior to December 31st of the Fiscal Year of withdrawal. Any Member Agency
which has notified the Executive Committee of withdrawal as provided herein may, with
the consent of the Executive Committee, rescind such withdrawal by giving written notice
to the Executive Committee no later than May 1st of the Fiscal Year of withdrawal.
Unless rescinded as provided herein, such withdrawal shall be effective at the end of the
Fiscal Year.
Members withdrawing voluntarily are subject to the conditions for
withdrawal set forth in the Bylaws.
7.6 The voluntary withdrawal or expulsion of any Member Agency shall not terminate its
responsibility to cooperate fully with the JPA in determining and processing eligibility and
enrollment; pay any Contributions and/or assessments determined by the Board to be due
and payable for each program year in which it participated; provide the JPA with
information necessary for the JPA to carry out the purposes of this Agreement; and
cooperate with and assist the JPA, any insurer, financial auditor, claims adjuster or legal
counsel retained by the JPA in all matters relating to this Agreement.
7.7 All Members hereby agree to be bound by the terms of this Agreement, the Bylaws and all
policies and procedures currently in effect and as may be hereinafter revised or adopted.
7.8 Each of the Members hereby agrees to consider the implementation in its agency of the
health management and cost containment guidelines developed by the Board of Directors.
ARTICLE 8
BOARD OF DIRECTORS
8.0 BOARD OF DIRECTORS
A Board of Directors is hereby established to direct and control the JPA.
8.1 Composition of the Board of Directors
8.1.1 Each Member of the JPA which has less than 500 active covered employees under
the JPA's health and welfare plans shall be entitled to appoint to the Board of
Directors one management representative and one alternate who shall be designated
in writing. Said representative and said alternate must be employees or officers of
the Member, shall have the authority to bind the Member on all matters pertaining
to this Agreement, and shall serve at the pleasure of the Member by whom
appointed. Only the designated representative or designated alternate may
represent a Member, and each shall be invited to attend all meetings of the Board of
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Directors.
The designated representative and designated alternate may invite
members of their agencies' staffs or consultants to attend meetings of the Board of
Directors in an advisory capacity only.
8.1.2 Each Member of the JPA which has 500 or more active covered employees under
the JPA's health and welfare plans shall be entitled to appoint to the Board of
Directors two management representatives and one alternate who shall be
designated in writing. Said representatives and said alternate must be employees or
officers of the Member, shall have the authority to bind the Member on all matters
pertaining to this Agreement, and shall serve at the pleasure of the Member by
whom appointed. Only the representatives or designated alternate may represent
the Member, and each shall be invited to attend all meetings of the Board of
Directors. The designated representatives and designated alternate may invite
members of their agencies' staffs or consultants to attend meetings of the Board of
Directors in an advisory capacity only.
8.1.3 In addition to the representative and alternates identified in 8.1.1 and 8.1.2 above,
recognized employee bargaining organizations of Member Agencies are entitled to
appoint a number of at-large representatives to the Board of Directors equal to 33%,
or the nearest whole number in the event of a fraction (.5% and over rounds up), of
the number of board representatives (not including alternates) appointed pursuant to
8.1.1 and 8.1.2 above. The employee bargaining organization representatives must
be active covered employees of a JPA Member. Each bargaining organization shall
be entitled to a number of representatives which is in direct proportion to the
number of active covered employees it represents as of January 1 of the current
even numbered year. All fractions will be rounded down to the nearest even
number. Such appointment must be in writing and the representative may serve at
the pleasure of the appointing organization until replaced, or the number of
representative entitlement reduces, or if the representative violates any provisions
of the JPA Agreement.
8.1.3.1 An employee bargaining organization is defined as a local, state or
nationally recognized labor association which has exclusive bargaining
rights for an identified group of employees at a Member Agency.
8.1.4 In addition to the representatives and alternates identified in 8.1.1, 8.1.2 and 8.1.3
above, covered retiree Participants are entitled to elect an at-large representative to
the Board of Directors. Elections for the retiree representative shall be by mail
ballot every two years from a list of self-nominated covered retiree Participants. In
the event of a vacancy, the Board of Directors President shall appoint a retiree
representative for the balance of the two-year term.
8.1.4.1 A covered retiree Participant is a MCSIG member who has continued their
MCSIG coverage since retiring from the Member Agency.
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8.1.4.2 The at-large retiree representative shall be neither a Member
representative nor an employee bargaining organization representative,
eligible for election to the Executive Committee pursuant to the Bylaws.
8.2 Each designated representative shall have one vote, which may be cast only by the
designated representative or, in his/her absence by the designated alternate. No proxy or
absentee votes shall be permitted.
8.3
No business may be transacted by the Board without a quorum of its members being
present. A quorum shall consist of not less than one-third (1/3) of the designated
representatives of the JPA. Except as otherwise provided, a vote of the majority of those
designated representatives and designated alternates entitled to vote who are present at a
meeting of the Board of Directors shall be sufficient to constitute action provided that a
quorum is present. In the event of a tie vote, the motion or action fails.
8.4 The powers of the Board shall be all of the powers of the JPA not specifically reserved to
the Member Agencies by this Agreement and shall include, but not be limited to, the
powers enumerated in Articles 3.0, 4 and 10 of this Agreement and the following:
• Approval of coverage programs and plan design;
• Approval of Contribution rates and the method of which Contributions will be
paid to the JPA;
• Approval of additional assessments during the year if necessary or appropriate,
to allow for increased costs and expenses as they may occur;
• Development, implementation and revision of the JPA BY-LAWS;
• Creation and dissolution of advisory, working and ad-hoc committees; and
• Creation and dissolution of an Executive Committee as provided in the JPA BYLAWS and delegation of any of its powers to the Executive Committee
8.5 No one serving on the Board of Directors shall receive any salary or compensation from
the JPA for service on the Board of Directors.
8.6 The Board of Directors may conduct regular, adjourned regular, special, and adjourned
special meetings, provided, however, that it will hold at least four regular Board of
Directors meetings each Fiscal Year. The date, time, and place for each such regular
meeting shall be fixed by action of the Executive Committee. Advance notice will be
filed with each Member of the JPA for all Board of Directors Meetings. Additional
special meetings may be called by the President or Executive Director or upon the petition
of not less than five members of the Board. Such petition is to be addressed to the
President of the Board
8.7 All meetings of the Board of Directors shall be called, held, and conducted in accordance
with the terms and provisions of the Ralph M. Brown Act (sections 54950, et seq., of the
California Government Code), as said Act may be modified by subsequent legislation, and
as the same may be augmented by rules of the Board of Directors not inconsistent
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therewith. The Board shall conduct its business in accordance with Roberts Rules of
Order.
8.8 Except as otherwise provided or permitted by law, all meetings of the Board of Directors
shall cause minutes of its meetings to be kept, and shall promptly transmit to the Members
of the JPA true and correct copies of the minutes of such meetings.
8.9 The Board of Directors of the JPA shall develop suggested guidelines for health
management and cost containment practices.
ARTICLE 9
BYLAWS AND ADMINISTRATIVE POLICY AND PROCEDURES
The Board shall, through resolution, adopt, rescind or amend Bylaws and shall adopt Administrative
Policies and Procedures consistent with applicable law and this Agreement to govern the day to day
operation of the JPA. Each Board Member shall receive a copy of the Bylaws and administrative
policies and procedures developed under this Article. Amendment of the Bylaws requires a
resolution approved by two-thirds of the members of the Board of Directors.
ARTICLE 10
FINANCIAL
10. FINANCIAL
The Board of Directors shall insure that a complete and accurate system of accounting of the JPA
shall be maintained at all times consistent with established auditing standards and accounting
procedures.
10.1 The JPA shall operate on a Fiscal Year from July 1st to June 30th.
10.2 The Board of Directors shall annually, on or before June 30th, adopt a budget showing
each of the purposes for which the JPA will need money and the estimated amount of
money that will be needed for each such purpose for the ensuing Fiscal Year. A copy of
the budget shall be transmitted to each of the participating members.
10.3 Each Member of the JPA who is a public educational agency in Monterey County hereby
agrees to authorize the Monterey County Superintendent of Schools to transfer from its
general fund any required Contributions and assessments as calculated and specified in the
Bylaws. Other agencies shall be billed on an itemized invoice for required Contributions.
10.4 Annual assessments, as approved by the Board of Directors for each Member of the JPA,
shall be determined in accordance with procedures established by the Board of Directors
and filed with each Member.
10.5 If the total obligations against all the Members of the JPA exceed in any year the total
amount of operating and reserve funds established by the Board of Directors, the Members
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may be assessed a pro rata share of the additional Contributions as determined by the
Board of Directors.
10.6 At least once annually all expenditures of funds of the JPA shall be reviewed and ratified
by the Board of Directors.
10.7 A general fund shall be established and maintained to receive monies of the JPA. The
JPA shall accept and deposit in the JPA general fund all monies received by it including
monies from any of the following sources:
10.7.1 Members Contributions, including assessments and any other charges.
10.7.2 Interest and other investment income.
10.7.3 Refund of insurance premiums and excess loss claims.
10.7.4 Subrogation recoveries.
10.7.5 Grants from any public agency or private company.
10.8 The general fund shall expend monies for the purpose of the operation of the JPA and the
health and benefit program.
Such expenses shall be necessary and appropriate as
determined by local or state regulations.
10.9 Imprest accounts shall be established and maintained out of monies received by and
deposited in the general fund. Monies shall be transferred from the general fund to the
imprest account solely for the purposes of paying claims of the members. This account
shall be established at a national, state, or local bank whose deposits are insured in the
Federal Deposit Insurance Corporation.
10.10 The Treasurer of Monterey County is the designated depository of the JPA.
10.11 The JPA is strictly accountable for all funds received and dispersed by it and, to that end,
the JPA shall establish and maintain such funds and accounts as may be required by
good accounting practice or by any provisions of applicable law or any resolution of the
JPA. Books and records of the JPA in the hands of the Treasurer of the JPA shall be
open to inspection at all reasonable times by representatives of the Members. The JPA,
as soon as practical after the close of each Fiscal Year, shall give, or cause to be given, a
complete written report of all financial activities for such Fiscal Year to each member of
the Board of Directors and to the chief administrative officer of each Member of the
JPA.
10.12 The Executive Committee shall make, or contract with a certified public accountant to
make an annual audit of the accounts, records, and financial affairs of the JPA. In each
case the minimum requirements of the audit shall be those prescribed by the State
Controller for Special Districts under Section 26909 of the California Government Code
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and shall conform to generally accepted auditing standards and accounting principles.
When such an audit of accounts and reports is made by a certified public accountant, a
report thereof shall be filed as a public record with each of the Members of the JPA, and
also with the Auditor-Controller of Monterey County. Such reports shall be filed within
twelve (12) months of the end of the Fiscal Year under examination. Any costs of the
audit, including contracts with, or employment of, certified public accountants in
making the audit(s) provided for herein, shall be appropriate administrative charges
against the funds of the JPA.
10.13 The Monterey County Superintendent of Schools shall draw warrants to pay demands
against the JPA when such demands have been duly approved by the Executive Director
and Treasurer of the JPA.
10.14 No part of the revenues or assets of the JPA shall inure to the benefit of, or be distributed
to its Members, officers, employees, Participants or other persons except as provided in
Article 11. Upon two-thirds vote of the entire MCSIG Board, the Board may declare
excess assets-undesignated available for the exclusive use of granting any number of
monthly rate holidays or adjustments. The Board shall adopt a policy outlining the
details and process for calculating, declaring and utilizing excess assets for monthly
rate holidays or adjustments.
10.15 The JPA shall be authorized and empowered to pay reasonable compensation for
services rendered and to make payments and distributions in furtherance of the purposes
set forth herein.
ARTICLE 11
DISSOLUTION OF JPA AND DISPOSITION OF PROPERTY AND FUNDS
11. TERMINATION OF AGREEMENT
11.1 This Agreement may be terminated effective at the end of any Fiscal Year by affirmative
action of two-thirds (2/3) of the then participating Member entities; provided, however,
that the JPA and this Agreement shall continue to exist for the purpose of disposing of
liabilities, distribution of assets, and all other functions necessary to conclude the affairs of
the JPA.
11.2 Upon termination of this Agreement, all assets of the JPA shall be distributed only among
the parties to the Agreement on the effective date of termination. The Board shall
determine such distribution within six months after the last pending claim covered by this
Agreement has been adjudicated.
11.3 The Board is vested with all powers of the JPA for the purpose of concluding and
dissolving the business affairs of the JPA. These powers shall include the power to
require Member Agencies to pay their share of any calculated Contributions and/or
assessments deemed necessary by the Board for final disposition of all claims covered by
this Agreement.
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11.4 In the event of the dissolution of the JPA, the complete rescission or other final
termination of the Joint Powers Agreement by the Members then a party to the
Agreement, the following shall occur:
11.4.1 The Board of Directors shall establish each Member's pro-rata share of any
remaining cash balance (reserves) based on Members percentage of assessments
paid into JPA during the Member’s previous twelve months participation in the
JPA.
11.4.2
Any real and/or personal property interests and other assets remaining in the JPA
following a discharge of all liabilities and obligations shall be disposed of by the
Executive Committee. Proceeds from disposition shall be disposed of by the
Executive Committee.
Proceeds from disposition shall be distributed to
Members based on each Member's pro-rata share of assessments paid into JPA
during the Member’s previous twelve months’ participation in the JPA,
providing that assets are of sufficient value to defray the cost of disposition.
11.4.3
The dissolution of the JPA shall be filed in writing with the State of California
by the JPA.
ARTICLE 12
AMENDMENTS
This revised Agreement may be amended at any time with a subsequent written Agreement signed
by two-thirds (2/3) of Member entities of the JPA. Any such amendment shall be effective upon the
date of final execution thereof, unless otherwise provided in the amendment.
ARTICLE 13
CONSTRUCTION & SEVERABILITY
In the event of any litigation over the meaning of this Agreement or the authority of any Member
Agency of the JPA, this Agreement shall be liberally construed to effectuate its purposes. Should
any portion, term, condition, or provision of this Agreement be decided by a court of competent
jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise
rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and
provisions shall not be affected thereby.
ARTICLE 14
HOLD HARMLESS AND INDEMNIFICATION
14. HOLD HARMLESS AND INDEMNIFICATION
14.1 Member Agencies agree and covenant to defend, hold harmless and indemnify the JPA,
its Member Agencies, elected officers, employees and volunteers from any claim,
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damage or liability in connection with Contributions, assessments, deposits, or coverage;
acts, errors, omissions or breach or default of any member or any person or entity acting
on behalf of any Member in the performance of any of its obligations under this
Agreement; and/or decisions to expel a Member Agency, with or without cause, pursuant
to this Agreement and any applicable provisions of the Bylaws.
14.2 The JPA shall indemnify, defend and hold harmless, jointly and severally, each of its
Members and the Members’ officers, officials, employees, agents and representatives
with respect to any loss, damage, injury, claim, litigation or liability, including attorney’s
fees and costs, arising out of or in any way related to the creation of operation,
functioning, decisions or actions of the JPA or the JPA’s officers, officials, employees,
agents or representatives.
14.3 The provision of indemnity set forth in this Section shall not be construed to obligate the
JPA to pay any liability, including but not limited to punitive damages, which by law
would be contrary to public policy or otherwise unlawful.
14.4 Government Code Section 895.2 imposes certain tort liability jointly upon public
agencies solely by reason of such public agencies being parties to an agreement as
defined in Government Code Section 895. Therefore, the Member Agencies, as among
themselves, pursuant to the authorization contained in Government Code Sections 895.4
and 895.6 each assume the full liability imposed upon it or any of its officers, agents,
employees or representatives by law for injury caused by a negligent or wrongful action
or inaction, or omission, occurring in the performance of this Agreement, to the same
extent that such liability would be imposed in the absence of Government Code Section
895.2. To achieve this purpose, each Member Agency indemnifies and holds harmless
each other Member and the JPA, for any loss, cost or expense, including reasonable
attorney’s and consultant fees, that may be imposed upon or incurred by such other
Member Agency or the JPA solely by virtue of Government Code Section 895.2.
14.5 Notwithstanding the provisions of 14.1 through 14.4 above, by a two-thirds vote of the
Board, the Board may approve the expenditure of JPA funds to defend, indemnify and
hold the JPA, members of the Board and any employee or agent of the JPA free and
harmless from claims and liabilities arising in connection with their actions taken in good
faith, and while within the scope of their duties being performed on behalf of the JPA.
14.6 The JPA may self-fund or purchase insurance, and/or require the Member entities to selffund or purchase insurance, in order to comply with any of the defense and indemnity
requirements herein.
14.7 Per Government Code Section 6508.1, the debts, liabilities, and obligations of the
Authority shall not be the debts, liabilities and obligations of the parties to this
Agreement. In addition, it is expressly agreed by all parties to this revised Agreement
and by the Board of Directors that, in contemplation of Sections 895.6 and 6508.1 of the
California Government Code respecting the right of contribution of public entities that
are parties to a joint powers agreement, no public entity a party hereto shall be jointly or
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severally liable upon any judgement for damages caused by a negligent or wrongful act
or omission to act occurring in the performance of this revised Agreement, which
judgment is rendered or imposed upon any one of the Member Agencies or upon the
entity created by this revised Agreement, unless the party shall have authorized or
consented to the same by an appropriately adopted resolution.
14.8 The JPA may insure itself, to the extent required by law and deemed appropriate by the
Board of Directors, against loss, liability, and claims arising out of or connected with this
revised Agreement.
ARTICLE 15
COMPLETE AGREEMENT
The foregoing constitutes the full and complete agreement of the parties regarding the JPA
Agreement. There are no oral understandings or agreements between the parties regarding the JPA
Agreement that are not set forth in writing herein. This Agreement supersedes prior versions noted
on the Cover Page. Some member entities may have a Participation Agreement currently in effect
with the JPA. Any and all Participation Agreements currently in effect between the JPA and a
member entity remain in full force and effect.
ARTICLE 16
EXECUTION OF COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which when so executed
shall be deemed to be an original, but altogether shall constitute one and the same Agreement.
ARTICLE 17
ENFORCEMENT
The JPA is hereby given authority to enforce this Agreement. In the event suit is brought upon this
revised Agreement by the JPA and judgment is rendered against a Member, the Member shall pay
all costs incurred by the JPA, including reasonable attorney's fees as fixed by the court.
ARTICLE 18
DISPUTE RESOLUTION
18. DISPUTE RESOLUTION
When a dispute arises between the JPA and a Member, the following procedures are to be
followed:
18.1 Request for Reconsideration. The Member will make a written request to the JPA for the
Governance Committee to review their position, citing the arguments in favor of the
Member and any applicable case law that applies. The Member can also request a
personal presentation to the Governance Committee if it so desires.
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18.2 The Governance Committee will review the matter and consider the JPA’s position. The
Governance Committee may seek the assistance of other JPA Committees, JPA staff or
outside experts. This appeal process is intended to be an opportunity for both sides to
discuss and substantiate their positions based upon legal arguments and the most complete
information available. If the Member requesting reconsideration is represented on any of
the Committees involved in the review, that Member shall be deemed to have a conflict
and shall be excluded from any vote.
18.3 If the Member is not satisfied with the outcome of the Governance Committee appeal, the
Member may request that the matter be set as an agenda item of the Executive Committee
for further reconsideration. If the Member requesting reconsideration is represented on
the Executive Committee, that Member shall be deemed to have a conflict and shall be
excluded from any vote.
18.4 If the Member is not satisfied with the outcome of the Executive Committee appeal, the
next step in the appeal process is arbitration. The arbitration will be non-binding unless
the parties mutually agree, in advance of the arbitration process, to binding arbitration.
The matter will be submitted to a mutually agreed arbitrator or panel of arbitrators for a
determination. If binding arbitration is selected, then the decision of the arbitrator is final
and both sides agree to abide by the decision of the arbitrator. The cost of arbitration will
be shared equally by the involved Member and the JPA.
18.5 If, after following the dispute resolution procedure paragraphs 18.1-18.4, either party is
not satisfied with the outcome of the non-binding arbitration process, either party may
consider litigation as a possible remedy to the dispute.
ARTICLE 19
APPLICABLE LAW AND FORUM
The laws of the State of California shall govern the interpretation and enforcement of this
Agreement, without regard to conflict of law principles. Legal actions must be initiated and
maintained in the Superior Court of the County of Monterey, State of California, in any other
appropriate court in that county or in the Federal District Court in the Northern District of
California.
ARTICLE 20
ACCEPTANCE OF SERVICE OF PROCESS
The Board of Directors, by resolution, shall designate a specific location at which it will receive
notices, correspondence, and other communications, and shall designate one of its members as an
officer for the purpose of receiving service on behalf of the Board of Directors.
In the event that any legal action is commenced against the JPA, service of process on the JPA shall
be made by personal service upon the Executive Director or President of the JPA, or in such other
manner as may be provided by law.
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ARTICLE 21
WAIVERS & MODIFICATIONS
Subject to the following exception, no provision of this Agreement may be waived or modified.
Notwithstanding the foregoing, the Board of Directors may, upon a two-thirds vote of the Board of
Directors at a properly noticed public meeting, waive or modify any provision of Sections 7.4
and/or 7.5 of this Agreement. No waiver or modification of any provision of Sections 7.4 or 7.5 of
this Agreement will apply toward the same provision at a different time.
ARTICLE 22
CONFLICT OF INTEREST
No officers, official or employee of the JPA shall have any Qualifying Economic Interest, direct or
indirect, in the JPA nor shall any such person participate in any decision relating to the JPA which
affects his or her personal or private economic interests in violation of any State law or regulation.
ARTICLE 23
BOOKS & RECORDS
All books, records, accounts and documents of the JPA shall be available at any reasonable time to
the Board members and, to the extent provided by the California Public Records Act (Government
Code Section 6250 et. Seq.) shall be public records. This Section does not authorize the release of
any confidential documents which are exempt from disclosure under the California Public Records
Act or other applicable law or regulations.
ARTICLE 24
PRINCIPAL OFFICE
The principal office of the JPA shall be that of the office of the Executive Director or as from time
to time designated by the Board.
ARTICLE 25
SUCCESSORS & ASSIGNMENT
In the event of a reorganization or consolidation of one or more of the public agencies participating
in this Agreement, the successor in interest or successors in interest to the obligations of any such
reorganized or consolidated public agency may be substituted as a party or as parties to this
Agreement. This Agreement shall be binding upon all Members and shall inure to the benefit of
the successors of each of the Members provided, however, that no Member may assign any right or
obligation under this Agreement without the written consent of the Board.
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ARTICLE 26
NOTICES
Notices permitted or required to be sent to the Member Agencies pursuant to this Agreement shall
be sent by U.S. Postal Service or other reputable delivery service addressed to the Member Agency
at each Member Agency’s official business address and directed to the attention of that agency’s
Board member.
ARTICLE 27
FILING WITH SECRETARY OF STATE
The Board of Directors shall comply with the provisions of Sections 6503.5 and 53051 of the
Government Code requiring the filing of a statement with the Secretary of State and with the
County Clerk. The Executive Director of the JPA is directed to file with the office of the California
Secretary of State a notice of adoption or amendment of this Agreement within thirty (30) days after
the effective date of such adoption or amendment, as required by California Government Code
Section 6503.5; and shall file with the County Clerk a statement as required by California
Government Code Section 53051; and shall file all other official notices as may be required by law.
IN WITNESS WHEREOF, the parties have caused this revised Agreement to be executed by their
respective duly-authorized representative effective
.
NAME OF DISTRICT:
NAME OF DISTRICT REPRESENTATIVE:
SIGNATURE OF DISTRICT REPRESENTATIVE
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PROPOSED BYLAWS
(TO BE ADOPTED BY
MCSIG BOARD AFTER
RATIFICATION OF 2012
JPA AGREEMENT)
ATTACHMENT C
BYLAWS OF THE
MONTEREY COUNTY SCHOOLS INSURANCE GROUP
ARTICLE 1
PURPOSE
For the regulation of the Monterey County Schools Insurance Group except as otherwise provided
by statute or Agreement creating the Monterey County Schools Insurance Group.
ARTICLE 2
DEFINITIONS
The terms in these Bylaws shall be defined in the Agreement creating the Monterey County Schools
Insurance Group, unless otherwise specified herein.
ARTICLE 3
OFFICES
The principal executive office for the transaction of business of the JPA is hereby fixed and located
at:
Monterey County Schools Insurance Group
76 Stephanie Drive
Salinas, CA 93901
The Board shall have the authority to change the location of the principal executive office from time
to time. Any such change shall be noted in the Bylaws and this section shall be amended to state the
new location. Official notice shall comply with Section 53051 of the California Government Code.
Other business offices may at any time be established by the Board at any place or places where the
JPA is qualified to do business.
ARTICLE 4
BOARD MEETINGS
4.1 In addition to required regular meetings as provided for in the Joint Powers Agency Agreement,
the Board may conduct special meetings on an as-needed basis, as determined by the President, a
majority of the members of the Board, the Executive Committee or the Executive Director of the
JPA. Written notice of each special meeting shall be faxed, electronically sent or mailed via U.S.
Postal Service to each board member at least three (3) days in advance of the meeting. The notice
shall specify the place, date and hour of the meeting and the matter and general nature of items
which are intended to be presented for action by the Board.
4.2 Annually, no later than its April meeting, the Board shall adopt the annual self-funded
contribution amounts for the succeeding fiscal year. Annually, no later than its June meeting, the
Board shall adopt the operating budget of the JPA for the succeeding fiscal year. At any of its
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meetings the Board may transact any other business within its powers, and receive reports of the
operations and affairs of the JPA.
4.3 Each November the Executive Committee shall adopt a calendar of regular meetings for the
subsequent twelve months. Each November, the Board shall elect Executive Committee members
pursuant to Article 5 and the Executive Committee shall elect officers pursuant to Article 7.
4.4 Written notice of each regular meeting of the Board shall be FAXED, electronically transmitted
or mailed via U.S. Postal Service to each board member at least three (3) days in advance of the
meeting. The notice shall specify the place, date and hour of the meeting and the matter and general
nature of items which are intended to be presented for action by the Board.
4.4 Official minutes of the Board meetings shall be kept by the JPA at its principal executive office.
4.5 Any regular or special meeting of the Board may be adjourned to a specific time and place
specified in the order of adjournment. In a meeting so adjourned, action may be taken only on
those items on the original agenda. A copy of the order for adjournment shall be posted as
required by Section 54955 of the Government Code. No other notice of adjourned meeting shall
be necessary unless the adjournment is for a period of 30 days or more in which case notice of
the adjourned meeting shall be given in the same manner as notice of the original meeting.
ARTICLE 5
COMPOSITION AND DUTIES OF COMMITTEES
5.1
The Board of Directors and/or the Executive Committee may appoint and dissolve
working committees from its membership.
5.2.
The Board of Directors shall elect an Executive Committee as hereinafter provided.
5.2.1.
The Board of Directors shall elect from its members an Executive
Committee of eight (8) members as follows:
5.2.1.a.
Two (2) designated member entity representatives who are not members of
any employee bargaining organization and two (2) representatives of
employee bargaining organizations or designated representatives who are
members of employee bargaining organizations shall be elected to the
Executive Committee by the Board of Directors for terms of office
commencing in even-numbered years.
5.2.1.b.
Two (2) designated member entity representatives who are not members of
any employee bargaining organization and two (2) representatives of
employee bargaining organizations or designated representatives who are
members of employee bargaining organizations shall be elected to the
Executive Committee by the Board of Directors for terms of office
commencing in odd-numbered years.
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5.2.2.
Terms of office shall be of two (2) years' duration commencing at December 1 of
each fiscal year.
5.2.3.
The Board of Directors may remove any members from the Executive Committee at
any time, with or without cause, by two-thirds vote of the members of the Board of Directors.
Continued membership of any Executive Committee member who misses more than 50% of the
meetings in any calendar year or who miss two consecutive meetings due to unexcused absence,
shall be reviewed by the Board.
5.2.4.
A vacancy in any position on the Executive Committee shall be promptly
filled by election of the Board. An Executive Committee member so elected shall serve out the
remaining portion of the unexpired term of the vacant position.
5.2.5.
The Executive Committee shall be responsible for the ongoing operations of
the JPA and is hereby empowered to implement and enforce rules, regulations, and procedures as
the Board of Directors or Executive Committee may adopt and to enter into any lawful agreement
necessary to carry out such responsibilities.
5.2.6.
The Executive Committee shall perform such duties and have such power and
authority not specifically reserved for the Board.
5.2.7.
The Executive Committee may conduct regular, adjourned regular, special and
adjourned special meetings. The date, time and place upon which such regular meetings shall be
held shall be publicly posted prior to the meeting on a public bulletin board to be designated by the
Executive Committee and filed with each member of the JPA.
5.2.8.
The presence of a majority of the members of the Executive Committee shall
constitute a quorum except that less than a quorum may adjourn. An affirmative vote of five (5)
members of the Executive Committee shall be necessary to constitute action and to transact
business. Executive Committee members may only vote in person or by telephone at a properly
noticed telephonic meeting.
5.2.9.
All meetings of the Executive Committee shall be called, held, and conducted in
accordance with the provision of the Ralph B. Brown Act, Sections 45950 et seq., of the California
Government Code, as said Act may be amended by subsequent legislation and augmented by rules
of the Executive Committee not inconsistent therewith. Except as otherwise provided or permitted
by law, all meetings of the Executive Committee shall cause minutes of its meetings to be kept, and
shall promptly transmit to the members of the Executive Committee and to each member of the JPA
a true and correct copy of such minutes.
5.2.10.
The Executive Committee may appoint and dissolve the following standing
committees as hereinafter provided.
5.2.10.a. The Executive Committee may select, by concurrence, Advisory Committee
members from among the membership and participants to serve at the pleasure of the President.
The Advisory Committee shall be advisory to the Executive Committee and shall meet as necessary
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to review and discuss program issues as delegated by either the Full Board or the Executive
Committee. The Advisory Committee shall meet upon the call of the President or Executive
Director as needed.
5.2.10.b The Executive Committee may select, by concurrence, Finance Committee
members from among the membership and participants to serve at the pleasure of the President.
The Finance Committee shall be advisory to the Executive Committee and shall meet as necessary
to review and discuss financial related issues as determined by either the President or the Executive
Director of the JPA. The Finance Committee shall meet upon the call of the President or Executive
Director as needed.
5.2.10.c The Executive Committee may select, by concurrence, Appeals Committee
members from among the membership and participants to serve at the pleasure of the President.
The Appeals Committee shall review, discuss and adjudicate eligibility disputes. The Appeals
Committee shall meet upon the call of the President or Executive Director as needed. All meetings
of the Appeals Committee shall be called, held, and conducted in accordance with the provisions of
the Ralph B. Brown Act, Sections 45950 et seq., of the California Government code, as said Act
may be amended by subsequent legislation and augmented by rules of the Executive Committee not
inconsistent therewith. Except as otherwise provided or permitted by law, all meetings of the
Appeals Committee shall cause minutes of its meetings to be kept and shall promptly transit to the
members of the Appeals Committee and to each member of the JPA a true and correct copy of such
minutes.
5.2.10.d The Executive Committee may select, by concurrence, Governance
Committee members from among the membership and participants to serve at the pleasure of the
President. The Governance Committee shall be advisory to the Executive Committee and shall
meet as necessary to review and discuss governance issues or Member JPA Agreement or Bylaws
issues as delegated by either the Full Board or the Executive Committee. The Governance
Committee shall meet upon the call of the President or Executive Director as needed.
5.2.11
The Executive Committee may appoint and dissolve ad-hoc committees or task
forces as necessary.
5.3.The Board and the Executive Committee shall, at their annual November meeting adopt a
calendar of Board and Executive Committee meetings.
ARTICLE 6
OFFICERS AND DUTIES OF OFFICERS
6.1 The Officers of the JPA shall be members of, and elected by the Executive Committee. The
principal officers shall be a President, a Vice-President, and a Treasurer and shall each serve an
annual term of office commencing on December 1 of each fiscal year. Any person elected as an
officer may be removed at any time, with or without cause by the Executive Committee, and all
vacancies however arising may be filled at any time by the affirmative vote of a majority of the
Executive Committee as prescribed in Article 7. A person so elected shall serve the remaining
portion of the unexpired term.
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6.1.1.
The President shall ensure that all orders and resolutions of the Board of Directors
and Executive Committee are carried into effect. The President shall be a member of all committees
appointed by the Executive Committee or by the Board of Directors. The President shall provide
strategic leadership on the development of strategies, policies and plans to discharge the JPA’s
purposes, monitor the performance of the JPA to ensure it meets its strategic goals and objectives;
preside over, manage and conduct all meetings of the Board of Directors so as to keep meetings
moving, garner input from all Board members, push for decisions and recognize opportunities for
individual or committee assignments; confer with the Executive Director regarding meeting
agendas, provide guidance to the Executive Director, appoint ad-hoc committees, cast the deciding
vote in the case of a tie, act as signing officer for the JPA and shall have such other powers and
perform such other duties as may be prescribed from time to time by the Board of Directors.
6.1.2.
The Vice President shall have such powers and perform such duties as may be
prescribed from time to time by the Board of Directors or the President. The Vice President shall
attend meetings and assist the President in carrying out his/her responsibilities. In the absence or
disability of the President, the Vice President shall be vested with all the powers and authorized to
perform all the duties of the President.
6.1.3.
The Treasurer shall be the chief financial officer of the JPA and shall assume the
duties described in Section 6505.5 of the California Government Code, as follows:
6.1.3.a.
Receive and receipt for all monies of the JPA and place it in the County
Treasury to the credit of the JPA.
6.1.3.b.
Be responsible for the safekeeping and disbursement of all money of the JPA
held by him/her.
6.1.3.c.
Pay, when due, out of money of the JPA so held by him/her, all sums
payable by the JPA only upon warrants authorized by him/her and drawn by
the Monterey County Superintendent of Schools, or his authorized
representative.
6.1.3.d.
Verify and report in writing at the end of each quarter of the fiscal year to the
Board of Directors of the JPA receipts since the last report, and the amount
paid out since the last report.
6.1.4.
The Treasurer shall work closely with the Executive Director to ensure
responsible financial management, proper administration of MCSIG’s financial affairs, and the
availability of accurate and timely financial information for organizational decision-making; stay
abreast of the organization’s fiscal situation and assist the Executive Director as necessary in
providing financial reports to the Board; provide ongoing support and advice to the Executive
Director on fiscal matters as needed and requested; provide fiscal representation for the Board –
sign documents, open bank accounts and perform other financial duties as an agent of the
organization; review the annual audit and shall have such other powers and perform such other
duties as may be prescribed from time to time by the Board of Directors or the President.
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ARTICLE 7
ELECTION OF OFFICERS
7.1
The Executive Committee shall elect, in November of each year, the officers from among
the Committee members. For each election year, the officers shall be elected in the following
manner:
7.1.1
Each Committee member may place another Committee member in nomination
for each office.
7.1.2.
Each Committee member shall cast one vote for the candidate of his/her choice
for each office.
7.1.3.
All terms of office shall be for one year. The officers shall begin serving terms on
December 1 immediately following the election. The terms of office shall end on November 30
of each year.
7.1.4.
Elections shall be held whenever there is an officer vacancy.
7.1.5.
Officers shall hold their positions as individuals and not as a representative of a
specific public entity.
ARTICLE 8
NEW MEMBERS
Evaluation for new membership into MCSIG shall substantially be as follows:
8.1
REQUESTS FOR MCSIG MEMBERSHIP INFORMATION AND PROPOSALS
The Executive Director is authorized to respond to requests for information or proposals
concerning MCSIG and its programs, processes and procedures, including the procedures for
joining MCSIG. The Executive Director is authorized to engage resources necessary to fully
and formally respond regarding all aspects of an entity’s potential membership in MCSIG.
8.2
FORMAL REQUESTS FOR MCSIG MEMBERSHIP
8.2.1
All requests from potential new member entities for MCSIG membership must be
formalized in writing from the entity or their authorized agent and shall include the following:
• Designation of employee groups to be covered by MCSIG
• Designation of desired MCSIG coverage programs
• Desired effective date of coverage
• Acknowledgement of MCSIG’s Minimum Medical Coverage Policy
• A statement affirming the entity will fully cooperate with MCSIG and/or its agents
during the underwriting process
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8.3
NEW MEMBERSHIP VOTE
8.3.1
Prior to any new membership vote the requesting entity must provide the
Executive Director a resolution adopted by their governing body formally requesting
membership.
8.3.2.
8.4
Approval of new membership requires a majority vote of the entire Board.
NEW MEMBER BOARD REPRESENTATION
New member entities shall notify the Executive Director, within fourteen days of the
membership vote, of the names and contact information for that entity’s board representative and
alternate.
ARTICLE 9
COVERAGE PROGRAMS
9.1 The health and welfare benefits program offered by the JPA may consist of any or all of the
following:
9.1.1
Health benefits: Fully insured and/or self-funded medical, dental, vision or other
health benefit plans with coverages as adopted by the Board and specified in the policy documents,
benefits handbook and/or summary plan descriptions.
9.1.2
Welfare benefits: Fully insured and/or self-funded life insurance or other welfare
benefit plans with coverages as adopted by the Board and specified in the policy documents,
benefits handbook and/or summary plan descriptions.
9.1.3
Excess Coverage: The JPA shall purchase excess (stop-loss) insurance coverage on
the self-funded medical plans as determined appropriate and approved by the Board.
9.2
Plan program years shall begin on January 1 and end on the following December 31.
Should a member agency enter into a program after July 1, their initial program year shall be the
balance of the current program year. Contributions shall be established annually effective July 1
pursuant to the provisions of Article 13.
9.3
As soon as practicable following the effective date of any self-funded plan, the Board of
Directors shall cause to be made available to members a Summary Plan Description, an Evidence of
Coverage or Plan Document, and other pertinent descriptions and documents relating to each
member's benefit plan.
ARTICLE 10
COVERAGE GROUPS
10.1 Each public agency or public entity which becomes a party to this Agreement shall, at the
time it applies for membership pursuant to Article 8, designate which Coverage Groups
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(including retirees) are to be covered by the health and welfare benefits offered by this joint
powers agency. Such designation is subject to approval by the Board of Directors.
10.2 Any change in the designation of which employees shall be included within or excluded
from a Coverage Group which has been previously approved for membership by the Board of
Directors is subject to approval by the Board of Directors. Unless such change is disapproved by
the Board of Directors or rescinded by the member agency as provided herein below, such
change shall be effective at the end of the fiscal year.
10.3 Any member agency desiring to change its designation of Coverage Groups to be covered
by the health and welfare benefits offered by this joint powers agency shall notify the Executive
Committee of the JPA in writing prior to December 31st preceding the effective date of the
change.
10.3.1 Any member agency which has notified the Executive Committee of a change of
designation of Coverage Group as provided herein may, with the consent of the Executive
Committee, rescind such change by giving written notice to the Executive Committee no later
than May 1st preceding the effective date of the change.
10.3.2 Any member agency which desires to rescind a change of designation after May 1st
of the fiscal year of withdrawal shall present, prior to the end of the fiscal year, a written request
to the Executive Committee setting forth the special circumstances which warrant allowing the
requesting member agency or its late rescinding designated Coverage Group(s) to remain
covered by the health and welfare benefits offered by this joint powers agency. The Executive
Committee shall have the sole power to determine whether to consider the request and, if so
considered, whether the request presents sufficient special circumstances to warrant approval.
Approval of a request to rescind a withdrawal notice for any Coverage Group, as provided
herein, shall be by not less than a two-thirds vote of the Executive Committee and shall be
conditioned upon the requesting member agency’s acceptance of financial terms set forth by the
Executive Committee, and shall require a minimum three year commitment by the member
agency to maintain coverage for the late rescinding designated Covered Group(s)’ health and
welfare benefits through this joint powers agency. The requesting member agency shall accept
in writing the terms set forth by the Executive Committee prior to the end of the fiscal year or
such earlier date as established by the Executive Committee. Following timely acceptance of
continuation of coverage, failure by the requesting member agency to fulfill the minimum three
years of additional continuous membership for its late rescinding designated Coverage Group(s)
in the joint powers agency shall result in the loss of all membership rights, privileges, and share
of assets, if any, without relief from any and all financial obligations owed by the member
agency to the joint powers agency.
10.3.3 To the fullest extent practicable the provisions of Article 11 below relating to
withdrawal or removal from membership shall be applicable to a member's Covered Group(s) for
whom a change in coverage designation has been made, except that no member who has made a
change of coverage designation for any Coverage Group(s) shall be permitted to further change its
coverage designation for such Coverage Group(s) for a period of two (2) years from the effective
date of such change. In addition, the Board of Directors may establish conditions and may require a
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contribution to reserves for any Coverage Group(s) for whom a member adds coverage as provided
herein.
ARTICLE 11
WITHDRAWAL OR REMOVAL FROM MEMBERSHIP
11.1 A member may be involuntarily terminated from the JPA at any time upon recommendation
of the Executive Committee and a vote of two-thirds (2/3) of the members of the Board of Directors
taken only after notice and a public hearing. Involuntary termination shall have the effect of
eliminating the member as a signatory of the Joint Powers Agreement and as a member of the JPA.
Such termination shall be effective on June 30 or on such other date recommended by the Executive
Committee and shall be preceded by not less than ninety (90) days written notice of termination.
Should a member be involuntarily terminated, liability and accounts shall be established pursuant
this section as though the member were voluntarily withdrawing.
Grounds for involuntary
termination include, but are not limited to, the following:
11.1.1
11.1.2
11.1.3
Failure or refusal to pay contributions or assessments to the JPA as provided
in the JPA Agreement.
Failure or refusal to abide by the JPA Agreement, the Bylaws and all
policies and procedures as may be adopted or revised by the Board and Executive
Committee from time to time.
Submission of two or more consecutive intent to withdraw notices for the same
coverage group.
11.2 Upon Member withdrawal or removal from JPA membership, or upon removal of employee
groups as provided in Section 10 from coverage by the health and welfare benefits offered by this
joint powers agency:
11.2.1
All participants (including all active, retired and COBRA participants) associated
with a withdrawing or removed entity or a removed employee group will be automatically disenrolled from the applicable program(s) as of midnight Pacific time on the effective date of
withdrawal.
11.2.2
Claims for services for previously covered participants (including incurred but not
paid and incurred but not reported claims) incurred before or on the date of withdrawal or removal
shall be processed in accordance with the applicable benefit handbook.
11.2.3
Withdrawing or removed members or removed employee groups are responsible for
the payment of their share of premiums and expenses (including incurred but not paid expenses) due
for all months of participation including the month of termination.
11.2.4
Withdrawing or removed Members or removed employee groups shall provide the
JPA with a written, signed release from all liability for claims for services incurred after the date of
withdrawal.
9
ATTACHMENT C
11.2.5
Nothing in the foregoing shall preclude the JPA and the withdrawing member from
negotiating an agreement to resolve any or all of the details of withdrawal which differ from the
foregoing provisions but which are mutually agreeable to both parties in accordance with existing
law.
11.2.6
No withdrawing or removed member or removed employee groups shall be
entitled to any share of, or credit or payment for, any amount of the JPA’s reserves, cash balance,
undesignated cash or any JPA assets except as may be specifically provided in the JPA
Agreement and Board adopted policies.
ARTICLE 12
COVERAGE ELIGIBILITY
12.1 Eligibility rules applicable to employee participation in the coverage plans provided by the
JPA shall be determined by each member entity subject to the eligibility provisions stated in the
applicable program’s summary plan description. Each member entity is responsible for providing
and updating the JPA with their written eligibility rules.
12.1.2 Member entities shall abide by their written eligibility rules. The JPA may conduct
eligibility audits as determined necessary to ensure compliance.
12.2 Participants who retire from employment with a member entity may elect to continue to
participate in the plan(s) subject to the following:
• The participant retires under the Member’s retirement rules;
• The participant retires with the plan(s) and covered dependent(s) selected at the time of their
retirement subject to the selected plan(s) being offered to the retiree’s former employee
group by the member entity;
• Retirees may move to ‘lower’ plan options at any time subject to the selected plan(s) being
offered to the retiree’s former employee group by the member entity;
• Retirees may move to ‘higher’ plan options effective January 1 of any calendar year subject
to the selected plan(s) being offered to the retiree’s former employee group by the member
entity;
• Retirees may not add any dependents onto the plan(s) after retirement unless required by
law; and
• Retirees who drop dependent coverage or drop plan(s) after retirement may not reinstate
coverage unless required by law.
ARTICLE 13
SETTING PREMIUMS AND CONTRIBUTIONS
13.1 Premiums for fully insured plans will be negotiated by the Executive Director and presented
to the Board for adoption.
13.2
Contributions for self-funded plans will be determined substantially as follows:
10
ATTACHMENT C
13.2.1 The Executive Committee will review actuarial analyses of projected contribution
rates and make contribution rate recommendations to the Full Board annually no later than April.
The Full Board shall adopt contribution rates for the self-funded plans no later than April for
contribution rates effective July 1.
13.2.2. The actuarial analyses of projected contribution rates will include the costs and
credits associated with claims, IBNR and IBNP claims, plan design changes, medical trend and all
applicable overhead amounts.
ARTICLE 14
AMENDMENTS
14.1 These bylaws may be amended by a two-thirds vote of the members of the Board provided
that any amendment is compatible with the purposes of the JPA, is not in conflict with the JPA
Agreement and has been submitted to the Board at least 30 days in advance.
14.2 Amendments so adopted shall be effective immediately unless otherwise designated.
ARTICLE 15
DELEGATION OF AUTHORITY
15.1 As provided in Article 8.5 of the JPA Agreement, the Board of Directors may adopt such
resolutions as are deemed necessary in the exercise of its power and duties, including the
delegation of certain powers and duties to the Executive Committee. Any resolutions so adopted
by the Board are by this reference incorporated herein as though fully set forth.
15.2 As also provided in Article 8.5 of the JPA Agreement, the Board of Directors is vested
with authority to exercise all powers and conduct all business of the JPA. In furtherance of that
authority, the Board of Directors and the Executive Committee shall develop and implement
such policies and procedures, not otherwise prohibited by the Agreement or law, as they from
time to time deem necessary to aid and assist in the conduct of the business of the JPA. Any
such policies and procedures as adopted are by this reference incorporated herein as though fully
set forth.
15.3. The Board of Directors or the Executive Committee may authorize any officer, staff
member or agent of the JPA to execute any contract in the name of and on behalf of the JPA, and
such authorization may be general or specific in nature. The Executive Director, or his or her
designee, may enter into such contracts and authorize such payments as are approved in the
JPA’s budget, renew any existing contract or authorize any payment which does not exceed
$14,999.00. Except as otherwise provided herein, no officer, staff member or agency shall have
any power to bind the JPA by contract.
15.4. All invoices, billings, deposits, premiums and funding of imprest accounts for payment of
self-funded losses under the JPA programs shall be approved and signed by the Executive
Director.
11
ATTACHMENT C
ARTICLE 16
EXECUTIVE DIRECTOR
The Executive Committee may provide for the hiring of an Executive Director. The Executive
Director shall be the JPA chief executive officer and under the general direction of the Executive
Committee shall have general supervision and direction of the business of the JPA and shall plan,
organize and direct the program and activities of the JPA. The Executive Director shall be under
the direct supervision of the President of the Executive Committee and in the President’s absence
the Vice President of the Executive Committee. Subject to any budgetary limits and policies
adopted by the Board of Directors and/or the Executive Committee, the Executive Director shall:
• Be responsible for the selection, appointment and removal all staff members.
• Sign contracts on behalf of the organization, subject to 15.3 above, and perform any other
functions inherent in the position.
• Supervise the JPA’s financial activities including budgeting, accounting, cost analysis
and contracts; prepare a proposed annual budget for consideration by the Board of
Directors covering all program and services provided by the JPA.
• Plan, develop, recommend and enforce all policies, regulations and operational
procedures benefiting the JPA.
• Orient, coordinate, supervise and evaluate personnel and agencies employed or
contracted by the JPA.
• The Executive Director shall be an ex-officio member of all committees and serve as a
resource to all committees and sub-committees of the JPA.
• Negotiate and make recommendations to the Executive Committee on all contracts
necessary for the efficient operation of the JPA.
• Consult with legal counsel and claims administrators.
• Procure and maintain all insurance policies necessary for the protection of the financial
assets of the JPA as well as the personnel involved with the JPA.
• Supervise claims administration.
• Prepare all agendas, minutes and other mailings for members and attend all Executive
Committee and Board of Director meetings.
• Serve as spokesperson for the JPA to member entities, governing boards and industry
contacts.
• Perform any other administrative functions required to assist the Executive Committee
and/or Board of Directors in the ongoing operation of the JPA.
ARTICLE 17
OTHER SERVICES PROVIDED BY THE JPA
17.1 The JPA may be staffed internally as determined appropriate by the Executive Director
and approved by the Executive Committee.
17.2 Other services to be provided to the member entities and participants by the JPA include
customer service, eligibility and enrollment, wellness, regulatory compliance (HIPAA, COBRA,
12
ATTACHMENT C
Medicare, etc.) and Medicare compatibility and any other services as determined appropriate,
and as approved by, the Board.
17.3 All costs to provide the programs and services provided in these Bylaws shall be
incorporated into and made a part of the adopted annual operating budget.
17.4 The Board of Directors shall determine the manner in which health and welfare claims
shall be processed. Such processing shall conform to all provisions of law now in effect or later
enacted.
CERTIFICATE OF EXECUTIVE DIRECTOR
I, the undersigned, certify that I am presently the Executive Director of the Monterey
County Schools Insurance Group and that the above Bylaws, consisting of
pages, are
adopted Bylaws of the JPA, as adopted at a meeting of the Board of Directors held on
.
Date:
Executed at
this
day of
Sherrell Freeman
Executive Director
13
, 20
.
ATTACHMENT D
PROPOSED NET CASH
ASSET USE POLICY
(TO BE ADOPTED BY
MCSIG BOARD AFTER
RATIFICATION OF 2012
JPA AGREEMENT)
ATTACHMENT D
MONTEREY COUNTY SCHOOLS INSURANCE GROUP (MCSIG)
NET CASH ASSET USE POLICY
PURPOSE OF POLICY
The purpose of the Net Cash Asset Use Policy is to establish how the annual undesignated net
cash asset balance may be utilized.
NET CASH ASSET POLICY
1. The annual undesignated net cash assets of MCSIG shall be known as “net assets unreserved”.
2. The net assets - unreserved amount will be calculated monthly and will appear on the
Statement of Net Assets as reported in the monthly Treasurer’s Report. The net assets –
unreserved amount will be calculated annually as a part of, and reported in, the annual
financial report and will include the Executive Director’s recommendations for the
designation or use of such funds.
3. Net assets - unreserved shall only be designated for one-time or reserve use and may not
be utilized to fund ongoing programs or costs
4. Net assets - unreserved may be designated or earmarked for the rate stabilization reserve,
future programs, investments, contingencies, purchase or construction of fixed assets or
any other one-time or reserve use as determined by the Board.
5. Pursuant to Section 10.14 of the JPA Agreement, upon two-thirds vote of the designated
MCSIG Board members, the MCSIG Board may declare net assets – unreserved
available for the exclusive use of granting any number of contribution rate holidays or
adjustments subject to Executive Director certification that all of the following required
conditions are met:
a. That all IBNP and ULAE liabilities, as they appear on the most recent monthly
Statement of Net Assets, are fully funded and will remain fully funded after the
proposed contribution rate holiday(s) or adjustment(s)
b. That all Board designated Reserves, as they appear on the most recent monthly
Statement of Net Assets, are fully funded and will remain fully funded after the
proposed contribution rate holiday(s) or adjustment(s)
c. That sufficient net assets – unreserved are available to fully fund the proposed
contribution rate holiday(s) or adjustment(s)
d. That an amount equivalent to one month of medical/Rx claims costs (calculated
by averaging the last rolling six months of medical/Rx claims costs) will remain
in net assets – unreserved after the proposed contribution rate holiday(s) or
adjustment(s)
e. That the Executive Director is not aware of any financial considerations or capital
needs of the JPA that could materially affect the short-term financial condition of
the JPA
f. That the proposed contribution rate holiday(s) or adjustment(s) will not be offered
to members (districts) that waived their rights to same according to the terms of
the member’s Participation Agreement.
Revised: June 2012
ATTACHMENT E
CROSS REFERENCE
TABLES
ATTACHMENT E
MCSIG 2012 JPA AGREEMENT
SUMMARY OF MAJOR CHANGES
Reference* Change
Notes
Recitals
Statutory References
Article 6
Article 7
Added new section entitled
“Member Agency Responsibilities”
Last sentence of 7.3
Article 8
New paragraph 8.1.4.2
Article 9
New article
Article 10
New article 10.14
Article 11
Last sentence of 11.4.1 and 11.4.2
Former Articles
14.2.1 thru 14.2.3
Articles 15 – 27
Throughout the
document
Deleted in their entirety.
Deletes expired statutory references and incorporates
Joint Powers Authority, schools and community college
statutory references.
Incorporates requirements of agencies that belong to
MCSIG.
Clarifies that new members may join MCSIG at any
time as approved by the MCSIG Board.
Retiree at-large Board member not eligible to serve on
the Executive Committee.
Sets forth procedure for Board creation, adoption and
modification of Bylaws.
Clarifies the equity philosophy of the pool and provides
authority for MCSIG Board to declare and utilize excess
cash-undesignated for rate holidays or adjustments.
Changes look-back timeframe for determining each
member’s pro-rata share of remaining assets upon
dissolution of JPA.
Withdrawing members not required to pay IBNR or
ULAE and not entitled to any share of cash balance.
New articles addressing various issues.
New articles
Changed all references to “public
educational agency” to “public
agency”.
*Article references are aligned with those of the 2012 JPA Agreement unless otherwise noted.
Reason
Corrects and completes
statutory citations.
Best practice.
Memorializes long-standing
practice.
Memorializes long-standing
practice.
Bylaws will now be a separate
document from the Agreement.
Memorializes long-standing
practice.
Practical application.
Alignment with Board adopted
policy.
Best practice.
JPA membership is not limited
to educational agencies.
1
ATTACHMENT E
MCSIG 2012 JPA AGREEMENT
SUMMARY OF REVISIONS
Article
Reference*
RECITALS
2nd Whereas
3rd Whereas
Adds or
Changes
Statute
reference
added
New
paragraph
4th Whereas
New
paragraph
th
5 Whereas
Expanded
DEFINITIONS New
section
Article 1
Added 1.2
Article 2
New
paragraph
Article 3
Changed
3.1.2
3.1.3
3.1.5
3.1.6
Article 3
Added last
paragraph
Notes
Reason
Incorporates reference to California Education Code.
Best practice
Adds statutory reference authorizing school and
community college districts to enter into pooling
arrangements with other schools and community
colleges for purposes of funding employee benefits.
Adds statutory reference allowing for formation of
joint powers authorities.
Now includes reference to all past revisions.
Added definition of key terms.
Required since MCSIG membership includes
School and community college districts.
Incorporates the whereas recitals into the agreement
Establishes that each pool member intends to be
contractually bound to all the other pool members.
Changed word ‘self-insurance’ to “pooled fullyinsured and self-funded”. Added examples of
purpose of JPA.
New sentence adding sharing of risk of self-funded
losses as a purpose of JPA.
New paragraph stating addition of new members as
A purpose of JPA.
New sentence providing for removal of Member
Agencies for cause as a purpose of JPA.
Describes how the JPA will carry out its purposes.
Best practice
Best practice
Best practice
Best practice
Best practice
More accurately reflects services provided.
Term self-insurance not recognized in
industry.
Best practice.
Best practice.
Best practice.
Best practice
*Article references are aligned with those of the 2012 JPA Agreement unless otherwise noted.
2
ATTACHMENT E
Article
Reference*
Article 4
Article 6
Article 7
Article 8
Adds or
Changes
Changed
4.1
New article
New
sentence
added to
end of 7.3
Added new
last
sentence to
7.3
Modified
7.5 for
clarity
Added new
paragraph
7.6
Added new
paragraph
7.7
Added new
paragraph
8.1.4.2
Added
sentence at
beginning
of 8.3
Notes
Reason
Added public agencies and changed “Monterey
County” to “California”.
Describes the responsibilities of the member agencies.
Establishes how the membership date for new
members will be established.
JPA membership not limited to education
entities or to entities in Monterey County.
Best practice
Best practice
Establishes that process for membership for
prospective new members is set forth in Bylaws.
Best practice
Word “preceding” changed to “of” in 4th line.
Word “a” changed to “the” in last in 8th line.
Clarification of current practice
Establishes previous pool member obligations.
Best practice
Binds all pool members to the JPA Agreement, the
Bylaws and all adopted policies and procedures.
Best practice
Memorializes current practice of retiree member not
being eligible to serve on the Executive Committee.
Incorporates current practice
Clarifies the requirement for a quorum for the Board
to conduct business.
Best practice
*Article references are aligned with those of the 2012 JPA Agreement unless otherwise noted.
3
ATTACHMENT E
Article
Reference*
Article 9
Article 10
Article 11
Adds or
Changes
Added new
sentence at
beginning
of 8.4 and
added new
bullets
Added new
last
sentence to
8.7
New article
Added new
paragraph
10.14
Added new
paragraph
10.15
Added new
paragraph
11.2
Added new
paragraph
11.3
Notes
Delineates the powers of the Board.
Reason
Best practice
Incorporates Board’s power to develop and amend the Best practice. Consistent with adoption of
Bylaws and to create and dissolve committees.
Bylaws separate from the JPA Agreement
Provides that Board shall conduct its business under
Best practice.
Roberts Rules of Order.
Establishes procedure for Board creation, adoption
and modification of Bylaws.
Best practice. Consistent with adoption of
Bylaws separate from the JPA Agreement.
Clarifies the equity philosophy of the pool and
provides authority for the MCSIG Board to declare
and utilize excess cash-undesignated for rate holidays
or adjustments.
Delineates JPA’s authority to compensate staff and
pay for services.
Best practice. Memorializes current practice.
Clarifies distribution of JPA assets upon dissolution
of the JPA.
Best practice
Important information for potential new
members evaluating MCSIG.
Best practice
Clarifies Board’s powers in the event of dissolution of Best practice
the JPA.
*Article references are aligned with those of the 2012 JPA Agreement unless otherwise noted.
4
ATTACHMENT E
Article
Reference*
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Adds or
Changes
Changed
last
sentence of
11.4.1 &
11.4.2
Added
sentence at
beginning
Added new
14.1 thru
14.6
New article
New article
New article
New article
New article
New article
New article
New article
New article
Added new
last
sentence
New article
Added new
last
sentence
Added 2nd
sentence
Notes
Reason
Changes the look-back timeframe for determining
each member’s pro-rata share of remaining assets
upon dissolution of JPA to the member’s previous
twelve months of participation.
Practical application
Clarifies that, in the event of any litigation over the
meaning of the JPA Agreement or the authority of
any member agency, the Agreement is to be liberally
construed to effectuate its purpose.
Establishes terms of hold harmless and
indemnification of the members as to each other.
Best practice
General provision - Zipper clause
General provision – Execution of Counterparts
General provision – Power of JPA to enforce
agreement.
General provision – Dispute Resolution Process
General provision – Applicable Law & Forum
General provision- Service of Process
General provision –Waivers & Modifications
General provision – Conflict of Interest
General provision – Books & Records
General provision – Principal Offices
Best practice
Best practice
Best practice
General provision – Successors & Assignments
General provision – Notices
Best practice
Best practice
General provision – Filing with Secretary of State
Best practice
Best practice
Best practice
Best practice
Best practice
Best practice
Best practice
Best practice
Best practice
*Article references are aligned with those of the 2012 JPA Agreement unless otherwise noted.
5
ATTACHMENT E
Article
Reference*
1st & 6th
Whereas
Article 1
Deletes
noted
1.1
Deleted the word ‘educational’
Article 3
3.1.2
Deleted the word ‘educational’
Article 10
Articles
10.1.3.1
through
10.1.3.2
14.2.1 thru
14.2.3
Deleted in their entirety
JPA membership not limited to education
agencies
JPA membership not limited to education
agencies
JPA membership not limited to education
agencies
To align with Board adopted policy.
Deleted in its entirety
To align with Board adopted policy.
Article 14
Notes
Deleted the word ‘educational’
Reason
*Article references are aligned with those of the 2012 JPA Agreement unless otherwise noted.
6
ATTACHMENT E
PROPOSED NEW BYLAWS
SUMMARY
Article
Reference*
Article 1
Article 2
Adds or
changes noted
New
New
Article 3
New
Article 4
New 4.1
New 4.2
New 4.3
New 4.4
Article 5
New 4.5
5.1
5.2
5.2.1
5.2.1.a
Article 5
5.2.1.b
Notes
Establishes purpose of the Bylaws
References DEFINITIONS section of
proposed, revised JPA Agreement for
definition of certain terms.
Sets forth location of principal offices of the
JP
Sets forth notice requirement for Board
meetings.
Sets timeline for annual adoption of
contribution rates by Board.
Sets timeline for annual adoption of regular
meeting calendar.
Delineates process of noticing the Board
agenda.
Provides for adjournment of Board meetings.
Incorporated and/or moved from Article 6.6
of 2005 JPA Agreement
Incorporated and/or moved from Article 6.10
of 2005 JPA Agreement
Incorporated and/or moved from Article 7.1
of 2005 JPA Agreement
Incorporated and/or moved from Article 7.1.1
of 2005 JPA Agreement.
Incorporated and/or moved from Article 7.1.2
of 2005 JPA Agreement.
Reason
Best practice
Best practice
Best practice
Best practice
Best practice
Best practice
Best practice
Best practice
Improved formatting and/or placement
Improved formatting and/or placement
Improved formatting and/or placement
Improved formatting and/or palcement
Improved formatting and/or placement
*Article references are aligned with those of the 2012 JPA Agreement unless otherwise noted.
7
ATTACHMENT E
Article
Reference*
Adds or
changes noted
5.2.2
5.2.3
5.2.4
5.2.5
5.2.6
5.2.7
5.2.8
5.2.9
5.2.10
5.2.11
5.3
Article 6
6.1.1
6.1.2
6.1.3
Notes
Incorporated and/or moved from Article 7.1.3
of 2005 JPA Agreement.
New paragraph allowing for Board removal
of non-officer Executive Committee
members.
New paragraph providing for the filling of
Executive Committee vacancies.
Incorporated and/or moved from Article 7.2
of 2005 JPA Agreement.
Incorporated and/or moved from Article 7.3
of 2005 JPA Agreement.
Incorporated and/or moved from Article 7.4
of 2005 JPA Agreement.
Incorporated and/or moved from Article 7.5
of 2005 JPA Agreement.
Incorporated and/or moved from Article 7.6
of 2005 JPA Agreement.
New section addressing creation of
committees
Incorporated and/or moved from Article 6.6
of 2005 JPA Agreement
New section requiring annual adoption of
regular meeting calendars.
Incorporates Article 8.2 of 2005 JPA
Agreement and expands language to
incorporate full scope of duties.
Incorporated and/or moved from Article 8.3
of 2005 JPA Agreement.
Incorporated and/or moved from Article 8.4
of 2005 JPA Agreement.
Reason
Improved formatting and/or placement
Best practice
Best practice
Improved formatting and/or placement
Improved formatting and/or placement
Improved formatting and/or placement
Improved formatting and/or placement
Improved formatting and/or placement
Best practices. Memorializes current practice.
Improved formatting and/or placement
Best practices. Memorializes current practice.
Improved formatting and/or placement.
Best practices.
Improved formatting and/or placement
Improved formatting and/or placement
*Article references are aligned with those of the 2012 JPA Agreement unless otherwise noted.
8
ATTACHMENT E
Article
Reference*
Adds or
changes noted
6.1.3.a
6.1.3.b
6.1.3.c
6.1.3.d
6.1.4
Article 7
7.1 thru 7.1.5
Article 8
8.1 thru 8.4
Article 9
9.1 thru 9.2
9.3
Article 10
10.1
10.2
10.3
Article 11
10.3.1 thru
10.3.3
11.1 thru 11.1.1
Notes
Incorporated and/or moved from Article 8.4.1
of 2005 JPA Agreement.
Incorporated and/or moved from Article 8.4.2
of 2005 JPA Agreement.
Incorporated and/or moved from Article 8.4.3
of 2005 JPA Agreement.
Incorporated and/or moved from Article 8.4.4
of 2005 JPA Agreement.
Incorporated and/or moved from Article 8.4.5
of 2005 JPA Agreement. Section expanded
to include additional duties.
New section added to establish process for
election of officers.
New section added to establish process for
establishing membership for new members.
New sections added to clarify programs
offered through the JPA.
Incorporated and/or moved from Article 10.2
of 2005 JPA Agreement.
Incorporated and/or moved from Article 10.1
of 2005 JPA Agreement
Incorporated and/or moved from last two
sentences of Article 10.1.1 of 2005 JPA
Agreement.
Incorporated and/or moved from first
sentence of Article 10.1.1 of 2005 JPA
Agreement.
Incorporated and/or moved from Article
10.1.1.1 thru 10.1.2 of 2005 JPA Agreement.
Incorporated and/or moved from Article 14.3
thru 14.3.1 of 2005 JPA Agreement.
Reason
Improved formatting and/or placement
Improved formatting and/or placement
Improved formatting and/or placement
Improved formatting and/or placement
Improved formatting and/or placement
Best practice. Memorializes current practice.
Best practice. Memorializes current practice.
Best practice
Improved formatting and/or placement
Improved formatting and/or placement
Improved formatting and/or palcement
Improved formatting and/or palcement
Improved formatting and/or palcement
Improved formatting and/or palcement
*Article references are aligned with those of the 2012 JPA Agreement unless otherwise noted.
9
ATTACHMENT E
Article
Reference*
Adds or
changes noted
11.1.2 thru
11.1.3
11.2 thru 11.2.6
Article 12
12.1 thru 12.2
Article 13
13.1 thru 13.2.2
Article 14
14.1 thru 14.2
Article 15
Article 15
Article 16
Article 16
Article 17
17.1 thru 17.4
CERTIFICATE
CERTIFICATE
Notes
New sections indicating additional grounds
for membership termination
New section setting forth terms for
withdrawal from the JPA.
New section providing for coverage
eligibility.
New section providing for the annual setting
of contribution rates.
New section providing a process for
amendment of the Bylaws.
New section providing for delegation of
authority to the MCSIG Board
New section speaking to Executive Director
responsibilities.
New section dealing with JPA staffing and
services provided by the JPA.
New section adding Certificate of Executive
Director
Reason
Best practice.
Best Practice. Memorializes current practice.
Memorializes current practice.
Memorializes current practice.
Best practice
Best practice.
Best practice. Memorializes current practice.
Best practice. Memorializes current practice.
Best practice.
*Article references are aligned with those of the 2012 JPA Agreement unless otherwise noted.
10
ATTACHMENT E
2012 JPA AGREEMENT
SECTION CROSS REFERENCE TABLE
SECTION OF 2005 JPA AGREEMENT
RECITALS
FORMATION OF ENTITY
FUNCTIONS OF JPA
ARTICLE
PLACEMENT
IN 2005 JPA
AGREEMENT
ARTICLE
PLACEMENT*
IN 2012 JPA
AGREEMENT
Page 1
1.0
2.0
3.0
4.0
N/A
Page 1
1.0
3.0
3.1-3.1.2 & 3.1.4
3.2
3.2.1
3.2.2
3.2.3
3.2.4
3.2.5
3.2.6
3.2.7
3.2.8
3.2.9
4.0
5.0
6.0
5.0
7.0
2.1
2.2
2.2.1
2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
2.2.7
2.2.8
2.2.9
POWERS OF AUTHORITY
TERM OF AGREEMENT
MEMBER AGENCY
RESPONSIBILITIES
MEMBERSHIP
5.1
5.2
5.3
5.4
NOTES
7.1
7.2
7.3
7.4
*Article references are aligned with those of the 2012 JPA Agreement unless otherwise noted.
11
ATTACHMENT E
SECTION OF 2005 JPA AGREEMENT
ARTICLE
PLACEMENT
IN 2005 JPA
AGREEMENT
5.4.1
ARTICLE
PLACEMENT*
IN 2012 JPA
AGREEMENT
7.4.1
5.4.2
BOARD OF DIRECTORS
6.0
7.4.2
8.0
6.1
6.2.1
6.2.2
6.2.3
6.2.3.1
6.2.4
6.2.4.1
6.3
6.3
6.4
6.4
6.4
6.5
6.5
6.6
6.7
6.7
6.7
6.8
6.9
6.10
EXECUTIVE COMMITTEE
NOTES
7.0
7.1
7.1.1
8.0
8.1.1
8.1.2
8.1.3
8.1.3.1
8.1.4
8.1.4.1
8.2
8.3
8.6
8.7
8.8
20.0
27.0
5.2.11 of Bylaws
8.4
10.0
17.4 of Bylaws
8.4
8.5
5.2 of Bylaws
5.0 of Bylaws
5.2.1 of Bylaws
5.2.1.a of Bylaws
First two sentences
Remainder of paragraph
First four sentences
Fifth sentence
Last sentence
First sentence
Last sentence
First two sentences
Third sentence
Last two sentences
*Article references are aligned with those of the 2012 JPA Agreement unless otherwise noted.
12
ATTACHMENT E
SECTION OF 2005 JPA AGREEMENT
OFFICERS
FINANCIAL
ARTICLE
PLACEMENT
IN 2005 JPA
AGREEMENT
7.1.2
7.1.3
7.2
7.3
7.4
7.5
7.6
8.0
8.1
8.2
8.3
8.4
8.4.1
8.4.2
8.4.3
8.4.4
8.4.5
9.0
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.7.1 – 9.7.5
9.8
9.9
ARTICLE
PLACEMENT*
IN 2012 JPA
AGREEMENT
5.2.2 of Bylaws
5.1.2.2 of Bylaws
5.2.5 of Bylaws
5.2.6 of Bylaws
5.2.7 of Bylaws
5.2.8 of Bylaws
5.2.9 of Bylaws
6.0 Bylaws
6.1 of Bylaws
6.1.1 of Bylaws
6.1.2 of Bylaws
6.1.3 of Bylaws
6.1.3.a of Bylaws
6.1.3.b of Bylaws
6.1.3.c. of Bylaws
6.1.3.d. of Bylaws
6.1.4 of Bylaws
1.0
10.1
10.2
10.3
10.4
10.5
10.6
10.7
10.7.1 - 10.7.5
10.8
10.9
NOTES
*Article references are aligned with those of the 2012 JPA Agreement unless otherwise noted.
13
ATTACHMENT E
ARTICLE
SECTION OF 2005 JPA AGREEMENT
PLACEMENT
IN 2005 JPA
AGREEMENT
COVERAGE
10.0
10.1
10.1.1
10.1.1
10.1.1.1
10.1.1.2
10.1.2
10.1.3
10.1.3.1
10.1.3.2
10.1.3.3
10.1.3.4
10.2
ACCOUNTS AND RECORDS
11.0
11.1
11.2
11.3
11.4
12.0
HEALTH MANAGEMENT
12.1
12.1
13.0
TERMINATION OF AGREEMENT
13.1
WITHDRAWAL OR REMOVAL FROM 14.0
MEMBERSHIP
14.1
14.2.1
14.2.2
ARTICLE
PLACEMENT*
IN 2012 JPA
AGREEMENT
10.0 of Bylaws
10.1 of Bylaws
10.3 of Bylaws
10.2 of Bylaws
10.3.1 of Bylaws
10.3.2 of Bylaws
10.3.3 of Bylaws
11.2 of Bylaws
Deleted
Deleted
11.2.4 of Bylaws
11.2.5 of Bylaws
9.3 of Bylaws
10.0
10.10
10.11
10.12
10.13
8.0
8.9
7.8
11.0
11.1
7.0
7.5
Deleted
Deleted
NOTES
First sentence
Last sentence
To align with Board adopted policy
To align with Board adopted policy
First sentence
Last sentence
To align with Board adopted policy
To align with Board adopted policy
*Article references are aligned with those of the 2012 JPA Agreement unless otherwise noted.
14
ATTACHMENT E
SECTION OF 2005 JPA AGREEMENT
DISPOSITION OF PROPERTY AND
FUNDS
ARTICLE
PLACEMENT
IN 2005 JPA
AGREEMENT
14.2.3
14.2.4
14.2.5
14.3
14.3.1
15.0
ARTICLE
PLACEMENT*
IN 2012 JPA
AGREEMENT
Deleted
11.2.4 of Bylaws
11.2.5 of Bylaws
11.1 of Bylaws
11.1.1 of bylaws
11.0
15.1
15.1.1
15.1.2
15.1.3
15.1.4
AMENDMENTS
16.0
SEVERABILITY
17.0
LIABILITY
18.0
11.4
Deleted
11.4.1
11.4.2
11.4.3
NOTES
To align with Board adopted policy
To align with Board adopted policy
12.0
16.1
12.0
13.0
17.1
13.0
14.0
18.1
18.2
14.7
14.8
*Article references are aligned with those of the 2012 JPA Agreement unless otherwise noted.
15
AGENDA ITEM FOR BOARD MEETING OF:
August 21, 2012
Title
Number
Resolution 12:15, Certifying the Approval
of the Governing Board to enter into
Transactions with California Department of
Education, Authorize Designated
Personnel, and Accept Funding from CA
Department of Education for Child Care
and Development Services
Area
Status
Office of Support Operations
Action (Roll Call)
V.C.
Recommendation
The administration recommends that the Board of Trustees adopt Resolution 12:15, Certifying
the Approval of the Governing Board to Enter into Transactions with the California
Department of Education for the Purpose of Providing Child Care and Development Services,
accept funding from the California Department of Education, and authorize Designated
Personnel to Sign Contract Documents for the 2012-13 Fiscal Year.
Background
The California Department of Education requires that the Governing Board adopt a resolution
to certify the approval of the Governing Board to enter into a contract for the purposes of
providing childcare and development services and to authorize designated personnel to sign
contract documents.
Funding from the California Department could provide part-day preschool up to 138 children.
An amendment to this contract will be forthcoming based on the approved State budget and
will adjust the contract amount and number of children served.
Budget Implications
State: $513,940
HARTNELL COMMUNITY COLLEGE DISTRICT
RESOLUTION 12:15
Certifying the approval of the Governing Board to enter into transactions with the
California Department of Education for the purpose of providing child care and
development services and to authorize the designated personnel to sign contract
documents for fiscal year 2012-13.
BE IT RESOLVED that the Governing Board of HARTNELL COMMUNITY COLLEGE
DISTRICT authorizes entering into local agreements and that the persons who are listed
below, are authorized to sign the transaction for the Governing Board.
NAME
TITLE
Willard Lewallen
Superintendent/President
Alfred Muñoz
Vice President/Support Operations
Maria Dolores Javier
Controller
SIGNATURE
PASSED AND ADOPTED THIS 21st day of August 2012 by the Hartnell College Governing
Board of Monterey County, California.
I, WILLARD LEWALLEN, Clerk of the Governing Board of HARTNELL COMMUNITY
COLLEGE DISTRICT of Monterey County, California, certify that the foregoing is full, true
and correct copy of a resolution adopted by the said Board at a August 21, 2012 meeting
thereof held at a regular public place of meeting and the resolution is on file in the office of
said Board.
Clerk’s Signature
Date
INFORMATION ITEMS
AGENDA ITEM FOR BOARD MEETING OF:
Title
August 21, 2012
Number
Construction Projects – Updated Report
VI. A.
Area
Status
Facilities, Support Operations & Asset
Mgmt. Prepared by: Joseph Reyes
Information
Summary
Each month, the Board of Trustees receives an oral and written report on current design,
planning, and construction projects. Completed projects are removed from the report and current
activities are updated monthly. The construction consultant and district manager are available at
the meeting to answer questions.
HARTNELL COLLEGE
Construction Update
Prepared by Joseph Reyes, Director, Maintenance
CURRENT PROJECTS
1.
2.
Technical Training Building (813028) – 2010 – Hartnell issued a request for qualifications (RFQ) for
architectural services related to the design of the Technical Training Building on the Alisal Campus. A
total of eight firms submitted a RFQ. A group of faculty and staff (the users of the building) met and
shortlisted a total of 5 firms for interviews. The users then interviewed the firms and they selected NTD
based off of previous similar project experience and cost.
May 2010
Approved NTD architect firm of Salinas.
January 2012
Plans submitted to (DSA) Division of State Architects.
May 29, 2012
Project out to bid
PE Field House (865003) – 2011 - Locker rooms, restrooms, a classroom, a training room, and
concessions area. Matching funds raised by the Hartnell College Foundation.
April 2011
Board awarded contract to Belli Architectural Group Firm of Salinas
December 2011
Plans submitted to (DSA) Division of State Architects.
July 25, 2012
Board awarded contract to Tombleson Inc of Salinas, CA
OCCUPIED PROJECTS IN FINAL STAGES OF COMPLETION
Alisal Campus Additional Parking
Alisal Campus Center for Applied Technology(In DSA close out process)
Student Center ( In DSA close out process)
CALL Building (In DSA close out process)
Page 1 of 2
COMPLETED PROJECTS*
Date Closed Out
October 2004
November 2005
June 2006
December 2008
February 2009
September 2010
September 2010
December 2010
June 2010
January 2011
April 2011
August 2011
September 2011
September 2011
December 2011
December 2011
January 2012
Project Name
Campus Infrastructure Phase I
Parking Structure
Learning Resource Center (LRC)
CAB Refresh #1
CAB Refresh #2
Lighting Phase II
CAB Refresh #3
Pool Renovation
NE Landscape Project
CAB Refresh #4
Alisal Landscape Project
City Sidewalk Replacement
City Sidewalk Phase II
Alisal Campus Sign
Alisal Campus Bus Turnaround
CAB Boiler/Chiller and Roof Replacement
Campus Infrastructure II
*Completed means that all of the claims and paperwork have been submitted and no further action/claims on this
project will be forthcoming from the District.
FUTURE PROJECTS
CAB Building First Floor
Science Building
Keyless Entry
Page 2 of 2
AGENDA ITEM FOR BOARD MEETING OF: August 21, 2012
Title
Number
Child Development Centers
VI. B.
Area
Status
Office of Dean of Instruction
Prepared by Brian Lofman
Information
Background
At the July 3, 2012 Board Meeting the administration reported that the college is proceeding
with a comprehensive examination of the campus child development centers (CDC) resulting
from the severe reduction of the California State Preschool Program (CSPP) contract, which
represents the primary source of funding. The administration is examining alternatives to
determine the feasibility of providing CDC services beyond June 2013.
Summary
Given constrained state funding, the College has re-focused its priorities relative to the child
development centers. These priorities have been incorporated into the CDC missions as
follows:
The first priority is to serve as a lab for academic programs. The lab at main campus provides
225-425 students each semester the opportunity to fulfill course assignments for observations of
children and practical experience working directly with children. The environment is
specifically designed to function for this purpose with a large observation room with two-way
windows where an observer can see both the indoor and outdoor environment, and listen to the
children with the classroom microphone system through headphones. The large enrollment of
children accommodates a substantial number of lab students who can be in the classroom with
the children under the direct visual supervision of the instructor.
The college’s second priority is to serve as child care for students. Thirty-five percent of
parents with children enrolled in the main campus CDC for Fall 2012 are enrolled in
coursework beyond the .3 unit required Parent Enrichment Class. Many utilize the 3 hour per
day preschool to serve their child care needs while in class. The college plans to serve 120
children per day for the 12-13 school year with 111 families receiving state subsidies. The
Alisal Campus CDC will be providing a 3 hour per day preschool for the morning session, and
this fall will begin providing extended services to provide care of children while parents are
attending afternoon classes. As of August 1, 47% of the student parents are enrolled in
coursework beyond the .3 unit required Parent Enrichment Class. The college plans to serve 26
children per day with 24 families receiving subsidies. To further identify the child care needs
of Hartnell students, the college is conducting a survey with results to be presented at the
October Board Meeting.
Claire Giannini Fund awards a $55,000 grant to support the Alisal Child Development Center
The grant is a critical first step in maintaining and preserving a long standing program that
supports the community. As we begin to develop a sustainability plan for the Hartnell College
CDCs, this support allows us to maintain our highly trained professional staff and strengthen
established relationships with our families and child development stakeholders and partners. In
light of anticipated decreases in state funding for CDCs, the Hartnell College Foundation and
the CDC staff will continue to work collaboratively to seek additional funding partners.
Future Action
Over the next several months, the administration will report on the results of a feasibility
analysis and an action plan moving forward.
AGENDA ITEM FOR BOARD MEETING OF: August 21, 2012
Title
2011-12 Apportionment Attendance Report
(CCFS 320)
Number
Area
Office of Student Affairs
Prepared by: Mary Dominguez
Status
Information
VI. C.
Background
Each college is required to submit an Annual CCFS 320 report to the Chancellor’s Office by
July 15th each year per Title 5 Section 58003.4. The District’s apportionment is calculated
from the CCFS-320 report which takes the credit and non-credit FTES and calculates the
annual funding based on the State’s predetermined per FTES funding levels.
This report also shows the FTES for our King City Center. Our target goal for the King City
Center was 462 FTES. This FTES number is predetermined by the Chancellor’s Office every
year. We exceeded that goal and reported 492.80 FTES. We are expecting an increase of
$276,795 to our new funding base for the King City Center. Our new King City Center funding
base is now $553,590. However, at this time, it is unclear if the State is going to be able to
fund our growth.
Lastly, we must also report our unduplicated AB540 students. This last year, we had 353
unduplicated AB540 students enrolled at Hartnell. Starting in January 2013, AB540 students
will now be eligible for State Financial Aid such as the BOGW Fee Waiver and Cal Grants as
part of the California Dream Act.
Summary
For the 2011-12 year, the College established a target of 7,100. The Annual CCFS-320 report
submitted shows an FTES total of 7,106. However, the College was funded only for 6,463. In
addition, we exceeded our FTES goal for the King City Center to which we will be funding an
additional $276,795.
Budget Implications
Due to the increase in FTES at the King City Center, the College will receive an additional
$276,795 in funding.
AGENDA ITEM FOR BOARD MEETING OF:
Title
August 21, 2012
Number
First Reading of Revised
Board Policy 5030, Fees
Area
VI. D.
Status
Information
Office of Superintendent/President
Summary
Assembly Bill 1476 was amended to require that fees be assessed and collected for families with
children enrolled in state-subsidized part day preschool programs. The Governor has signed this
amendment into law. Education Code 8269(e) was modified to require that families of children
enrolled in a part-day, part-year state subsidized preschool be assessed a fee for service effective
November 1, 2012. The Student families utilizing State-funded childcare and development
services shall pay fees according to the fee schedule established by the Superintendent of Public
Instruction. Previously, families who met the state income guidelines received this service at no
charge.
Board Policy 5030 identifies fees charged to students and has been revised to reflect the recent
mandate.
HARTNELL COLLEGE
BP 5030
Fees
Reference: Education Code Sections 6606, 8263, 8239, 76300 et seq., 79121
The Board authorizes the following fees. The CEO or designee shall establish procedures for the
collection, deposit, waiver, refund, and accounting for fees as required by law. The procedures
shall also assure those who are exempt from or for whom the fee is waived are properly
enrolled and accounted for. Fee amounts shall be published in the college catalogs.
Enrollment Fee (Education Code Section 76300)
Each student shall be charged a fee for enrolling in credit courses as required and set by law.
Auditing Fees (Education Code Section 76370)
Persons auditing a course shall be charged a fee of $15 per unit per semester. Students
enrolled in classes to receive credit for 10 or more semester credit units shall not be charged
this fee to audit three or fewer units per semester.
Parking Fee (Education Code Section 76360)
The CEO or designee shall present for board approval fees for parking for students. Students
shall be required to pay a fee for parking services.
Instructional Materials (Education Code Section 76365; Title 5 Sections 59400 et seq.)
Students may be required to provide required instructional and other materials for a credit or
non-credit course, provided such materials are of continuing value to the student outside the
classroom and provided that such materials are not solely or exclusively available from the
District.
Transcript Fees (Education Code Section 76223)
The District shall charge a reasonable amount for furnishing copies of any student record to a
student or former student. The CEO or designee is authorized to establish the fee, which shall
not to exceed the actual cost of furnishing copies of any student record. No charge shall be
made for furnishing up to two transcripts of students’ records, or for two verifications of
various records. There shall be no charge for searching for or retrieving any student record.
International Students Application Processing Fee (Education Code Section 76142)
The District shall charge students who are both citizens and residents of a foreign country a fee
to process his/her application for admission. This processing fee and regulations for
determining economic hardship may be established by the CEO or designee. The fee shall not
exceed the lesser of 1) the actual cost of processing an application and other documentation
required by the U.S. government; or 2) one hundred dollars ($100), which shall be deducted
from the tuition fee at the time of enrollment.
Page 1 of 2
Courses and Training By Contract Fee (Education Code Section 76300)
The District authorizes the CEO or designee to establish fees for courses and other academic or
training programs and events offered by contract.
Child Care and Development Services (Education Code Sections 6606, 79121, 8263, 8239)
Children of students attending Hartnell College shall have first priority of attendance at a child
development center at the institution. Student families utilizing State-funded child care and
development services shall pay fees according to the fee schedule established by the
Superintendent of Public Instruction. Fees are charged to parents who voluntarily choose to
use this service.
Adopted: 02/07/12; Revised:___________
Formerly BP 3025
Page 2 of 2
AGENDA ITEM FOR BOARD MEETING OF:
Title
August 21, 2012
Number
2011-12 Budget Actuals (Draft Unaudited)
2012-13 Budget Summary (Draft)
VI. E.
Area
Status
Office of Support Operations
Prepared by: Alfred Muñoz
Information
Summary
The Board will receive a presentation of the 2011-12 Budget Actuals and the 2012-13 Budget
Summary.
8/14/2012
Hartnell Community
College District
2011 12 Draft Actual
2011-12
2012-13 Budget Update
August 21, 2012
Presented by Alfred Muñoz, CBO
2011-12 Draft Actual General Fund
Actual Budget Funded
Annual 320 Report FTES 7,106 7,100 6,462
Total Revenue
$34.0 M $34.5 M
Total Expenditures
$34.1 M $34.9 M
Deficit
$.100 M $.400 M
1
8/14/2012
2010-11 vs 2011-12 Actual
FTES
FTES Funded
2010-11
20107,000
7 000
7,000
2011
2011--12
77,106
106
6,462
Revenue
$37.5 M
$34.0 M
Expenditures
$33.9 M
$34.1 M
Surplus/(Deficit)
$ 3.6 M
$.100 M
Hartnell GF Draft Budget 2012-13
Deficit Budget
Apportionment
Oth IIncome
Other
Total Revenue
Tentative
$31,002,598
1,877,360
8
6
32,879,958
Revised
$30,967,570
2,138,900
8
33,106,470
Academic Salaries
Classified Salaries
Benefits
Supplies/Materials
Other Operating
$13,286,444
7,511,263
7,838,210
474,455
5,548,505
$13,484,374
7,321,395
7,580,969
484,155
5,160,755
184,100
180,400
534,000
35,376,977
500,000
34,712,048
Capital Outlay
Transfer
Total Expenditures
Deficit
($2,497,019) ($1,605,578)
2
AGENDA ITEM FOR BOARD MEETING OF:
Title
August 21, 2012
Number
Bids– Technical Training Building
IX. B.
Area
Status
Office of Superintendent/President
Action
Recommendation
The administration recommends that the Board of Trustees reject all bids for the Technical
Training Building.
AGENDA ITEM FOR BOARD MEETING OF:
Title
August 21, 2012
Number
Bid Protest– Technical Training Building
IX. C.
Area
Status
Office of Superintendent/President
Action
Recommendation
Based on administration's recommendation to reject all bids, administration recommends that
the bid protest be rejected as moot.
ADJOURNMENT