Summary of Regular Meeting
The Board of Trustees
College of the Mainland
Appomattox Meeting Room
Wednesday, May 28, 2014
1501 North Amburn Rd., Suite 4
Texas City, TX 77591
A regular meeting of the Board of Trustees of College of the Mainland was held
Wednesday, May 28, 2014, beginning at 12:30 p.m. in the Appomattox Meeting Room.
Unless removed from the consent agenda, items identified within the consent agenda
are acted on at one time.
1.Pledge of Allegiance (American Flag), Texas Pledge, and a Moment of Silence
2.Roll Call and Determination of Quorum All board members were present.
3.Comments from the Community
A. Students Three students spoke.
B. Employees
C. Other Citizens Three other citizens spoke.
4. Recognition
Cenergistic will present the "Energy Stewardship" Award to COM
Since beginning its energy conservation program with the company Cenergistic
approximately 15 months ago, the College drastically reduced costs and energy usage.
The energy usage savings have the equivalent effect of planting 53,744 trees or taking
more than 400 cars off the road. Energy costs are down from $890,098 in 2011-12 to
$666,629 this past year.
The Award for Energy Stewardship is not given to all Cenergistic partners and
recognizes the exceptional work of the College and staff in reducing energy costs.
5.Constituents Leader Activity Reports
A.Students A student representative spoke.
B.Faculty No representative spoke.
C.Professional A representative spoke.
6. Consent Agenda Items Items A-2-d and D-1-c and D-1-e were removed from the
consent agenda. All other items approved unanimously.
A. Approved Items from Human Resources Committee
1. Consideration of and Possible Action on Appointment Nomination(s)
a. Faith Alexander, Assistant Professor of Computer Information Systems, Business &
Computer Technologies
b. Matthew Busby, Institutional Advancement Officer, Institutional Advancement
c. Jennifer Robinson, Assistant Professor of Nursing, Nursing
2.Consideration of and Possible Action on Tenure File(s)
a. Edward "Bear" Handwerk, Assistant Professor of Occupational Safety and Health
Technology, Instructional Administration
b. JaMargaret Lowry, Assistant Professor of Nursing, Nursing
c. Danny McLerran, Assistant Professor of Fire Technology, Public Service Careers
d. Steve Wethington, Assistant Professor of Process Technology, Industrial Technology
Removed from consent agenda and later approved in an individual vote.
3.Consideration of and Possible Action on the Proposal of College of the Mainland
President, Dr. Beth Lewis, to Terminate the Employment of Julia Germany, including
Review and Acceptance, Rejection or Modification of the Level 4 Disciplinary Action
B. Approved Items from the Building and Grounds Committee
1. Consideration of and Possible Action on
Acoustic Ceiling Tile Removal and Replacement –Job Order Contract –RFP 13-03
2.Consideration of and Possible Action on
Drywall, Paint, and Carpentry Services –Job Order Contract –RFP 13-04
C. Approved Items from the Finance/Audit Committee
1.Consideration of and Possible Acceptance of Report(s) from the Internal Auditor
a. Assurance (Audit) Services
1.AR2014-08, President’s Travel
2.AR2014-09, Processing Payment of Travel Expenses
3.AR2014-10, Enterprise Risk Management –Marketing and Communications
4.AR2014-11, Follow-up Procedures and Reporting as of May 19, 2014
b. Other
1.Audit Activity, FY 2014 As Of May 19, 2014
D 1 g should be TASB not TASS
D. Approved Items from the Policy Committee
1. Consideration of and Possible Action on Policy Revision(s)
a.CAM (LOCAL) - Appropriations and Revenue Sources -Grants, Funds, Donations from
Private Sources (Revise Policy)
SUMMARY: This local policy is being revised to add a provision regarding naming
tributes as well as the acceptance or rejection of gifts, including real property or
financial donation.
b. CF (LOCAL) - Purchasing and Acquisition (Revise Policy)
SUMMARY: The subject policy revision is recommended to provide additional
clarification regarding Board approval requirements for purchases that exceed
$50,000.00. Additional revisions include updates to the Competitive Bidding and
Competitive Sealed Proposal sections specifically related to the purchasing of
goods and services up to, and exceeding $50,000.00. Removal of OSHA Record is also
recommended as it is not applicable under the subject policy.
c. DC (LOCAL) - Hiring Practices (Revise Policy) This item was removed from the
consent agenda. It was later approved in an individual vote.
SUMMARY : This local policy is being revised to include definitions related to
criminal history background checks, criminal history background checks,
consent to submit to drug and/or alcohol testing, notice to applicants,
application requirements, discrepancies in criminal history background,
confidentiality of pre-employment criminal background and drug test
information and inaccurate or incomplete results.
d. DCA (LOCAL) - Employment Practices - Term Contracts (Add Policy)
SUMMARY: This policy is being added to provide for a 90 day probationary
period for all professional employees . It also provides that professional
employees dismissed during the probationary period shall not have access to the
discipline and dismissal policies of the college District, but shall have the right as a
citizen to appear before the Board regarding his or her dismissal.
e. DCB (LOCAL) - Employment Practices - Tenure (Add Policy) This item was removed
from the consent agenda. It was later approved in an individual vote. Employment
Practices- Tenure (Add Policy)
SUMMARY: The provisions of this policy have been relocated from code DDB (Local).
This local policy includes provisions regarding tenure, statement on tenure, tenure
criteria, institutional tenure review committee (ITRC), procedures for acquiring tenure,
mentors, ITRC review, appeals, reemployment, post tenure review, annual
performance review, classroom observation, satisfactory evaluations, unsatisfactory
evaluations, and the post tenure review committee (PTRC).
f. DDB (LOCAL) - Contract and At - Will Employment - Tenure (Delete Policy)
SUMMARY: The provisions in this policy have been relocated to code DCB. As a
result of the reorganization of this section of the manual with Update 29, code DDB
has a new title and subtitle: Personnel Positions- Substitute, Temporary, and Parttime Positions. Therefore, this policy should be deleted.
g. DDC (LOCAL) - Contract and At - Will Employment (Delete policy)
SUMMARY: Because the TASS-developed provisions of this policy on at-will
employment have been moved to DM and our locally developed text regarding the
probationary period for at-will employees has been moved to DCC and is being
recommended for deletion, this policy has also been deleted. DOC is no longer an
active code.
E. Consideration of and Possible Action on Minutes
1.Finance/Audit, Monday, April 28, 2014
2. Building & Grounds Committee, Monday, March 24, 2014
3. Human Resources Committee, Monday,
March 24, 2014
4. Full BOT Monday, April 28, 2014
7. Consideration of and Possible Action to Approve Signature Changes - Texas First Bank
A. Add Helen R. Duvall - On a Professional Services Agreement
B. Add Trudy Trochesset – Grant Accountant/Accounts Payable Supervisor
All approved.
8. Consideration of and Possible Acceptance of Investment Report(s) April 2014 All
approved.
9. Consideration of and Possible Action on Financial Report(s) January - April 2014 All
approved.
10. Data Presentation
LaWanda Franks and Anita Garcia will provide an update on the Achieving the Dream
Student Success Measures 72 percent of COM students continue from the fall semester
to spring semester. The numbers are typical of community colleges, and the college is
looking at ways to increase numbers, particularly among minority males.
11. Student Success Council Presentation
Transforming the Planning and Assessment Processes at College of the Mainland via the
Student Success Council Dr. Pam Millsap, Vice President for Instruction, presented the
previous improvements and plans for continued improvements to help increase
student success and retention. The council looks at six items: helping students start
right, removing obstacles, motivating students, enhancing their skills, having quality
facilities and faculty, and fostering community support and connections.
12. Board Report
A. Miscellaneous Updates from Board Chair
1. Graduation ceremonies May 10 were successful; 514 total graduates were awarded.
2. Roney McCrary is investigating an interlocal agreement with Santa Fe and
Dickinson.
13. President's Report
A. Miscellaneous Updates The president’s report was postponed to next meeting.
14. Adjournment to closed or executive session pursuant to Texas Government Code
Sections
551.071, 551.072, and 551.074, the Open Meetings Act, for the following purposes:
A. Legal Matters
1.Consultation with legal counsel concerning matters on which the attorney’s duty to
the System under the Texas Disciplinary Rules of Professional Conduct clearly conflicts
with the Texas Open Meetings Laws.
2.Consultation with Legal Counsel on Pending Legal Matters
B. Personnel Matters
1.Deliberate Individual/Faculty/Administration Classified Staff
2.Deliberate the appointment, employment, evaluation, reassignment, duties, leave,
discipline, contract status, or dismissal or to hear complaints or charges against the
president, employees or board members.
3.Discussion of the Proposal of College of the Mainland President, Dr. Beth Lewis, to
Terminate the Employment of Julia Germany, including Review and Acceptance,
Rejection or Modification of the Level 4 Disciplinary Action
C. Real Estate and Property Matters
1.Deliberate the purchase, exchange, lease, or value of real property for Agenda items if
deliberation in an open meeting would have a detrimental effect on negotiations.
2. Discussion of Potential Real Estate Purchase(s)
15. Additional Closed or Executive Session Authority If, during the course of the meeting
covered by this Notice, the Board should determine that a closed or executive meeting
or session of the Board should be held or is required in relation to any items included in
this Notice, then such closed or executive meeting or session as authorized by Section
551.001 et seq. of the Texas Government Code (the Open Meetings Act) will be held by
the Board at that date, hour and place given in this Notice or as soon after the
commencement of the meeting covered by the Notice as the Board may conveniently
meet in such closed or executive meeting or session concerning any and all subjects and
for any and all purposes permitted by Sections 551.071, inclusive, of the Open Meetings
Act, including, but not limited to:
Section 551.071 – For the purpose of a private consultation with the Board’s attorney on
any or all subjects or matters authorized by law.
Section 551.072 –For the purpose of discussing the purchase, exchange, lease or value
of real property. Section 551.073 –For the purpose of considering a negotiated contract
for a prospective gift or donation. Section 551.074 –For the purpose of considering the
appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a
public officer or employee or to hear complaints or charges against a public officer or
employee. Section 551.076 –To consider the deployment, or specific occasions for
implementation, of security personnel or devices.
Section 551.082 –For the purpose of considering discipline of a student or to hear a
complaint by an employee against another employee if the complaint or charge directly
results in a need for a hearing.
Section 551.084 – For the purpose of excluding a witness or witnesses from a hearing
during examination of another witness.
Should any final action, final decision, or final vote be required in the opinion of the
Board with regard to any matter considered in such closed or executive meeting or
session, then such final action, final decision, or final vote shall be at either:
A. The open meeting covered by this Notice upon the reconvening of the public
meeting, or B. At a subsequent public meeting of the Board upon notice thereof, as the
Board shall determine.
16. Reconvene in Open Meeting
17. Possible Action on Agenda Items, Including Closed Session Matters
A. Consideration of and Possible Action on the Proposal of College of the Mainland
President, Dr. Beth Lewis, to Terminate the Employment of Julia Germany, including
Review and
Acceptance, Rejection or Modification of the Level 4 Disciplinary Action
18. Adjourn