SPECIAL MEETING OF THE BOARD OF TRUSTEES HOUSTON COMMUNITY COLLEGE November 17, 2008 Minutes The Board of Trustees of the Houston Community College held a Special Meeting on Monday, November 17, 2008 at the System Administration Building, 3100 Main, 2nd Floor, Seminar Room A, Houston, Texas. Board of Trustees Present: Yolanda Navarro Flores, Chairwoman Bruce A. Austin, Vice Chair Diane Olmos Guzman, Secretary Mills Worsham, Deputy Secretary Abel Davila Neeta Sane Richard Schechter Administration Present: Mary Spangler, Chancellor Renee Byas, General Counsel Doretha Eason, Executive Assistant to the Chancellor Bill Carter, Vice Chancellor, Information Technology Daniel Seymour, Interim Vice Chancellor, Planning & Institutional Effectiveness Cheryl Sterling, Interim Vice Chancellor, Student Success Margaret Ford Fisher, President, Northeast College Fena Garza, President, Southwest College Willie Williams, Associate Vice Chancellor, Human Resources Others Present: Jarvis Hollingsworth, Counsel, Bracewell & Giuliani Gene Locke, Counsel, Andrews Kurth Rolando Rios, Attorney at Law Judy Cantwell, Vice President, Faculty Senate Other administrators, citizens, and representatives of the news media CALL TO ORDER Mrs. Flores called the meeting to order at 4:08 p.m. and declared the Board convened to consider matters pertaining to the Houston Community College as listed on the duly posted Meeting Notice. CONTRACT FOR ELECTION SERVICES FOR THE NOVEMBER 4, 2008 Recommendation - Approve contract for election services performed by Harris County in conjunction with the November 4, 2008 Houston Community College District Special Election for annexation of all of the territory within Alief Independent School District. Houston Community College Special Meeting – November 17, 2008 – Page 2 Motion - Mr. Schechter motioned and Mr. Davila seconded. The motion passed with a vote of 7-0. ORDER CANVASSING RETURNS AND DECLARING THE RESULTS OF THE NOVEMBER 4, 2008 HOUSTON COMMUNITY COLLEGE DISTRICT SPECIAL ELECTION FOR ANNEXATION OF ALL OF THE TERRITORY WITHIN ALIEF INDEPENDENT SCHOOL DISTRICT AND THE ASSIGNMENT OF SUCH TERRITORY TO ONE OR MORE OF THE CURRENT DISTRICTS. Motion – Mr. Austin moved and Mrs. Guzman seconded the motion to approve the order canvassing returns and declaring the results of the November 4, 2008 Houston Community College special election for annexation of all of the territory within Alief Independent School District. Vote - The motion passed with a vote of 7-0. Motion – Mr. Schechter moved to temporarily assign the Alief territory to a District. Mrs. Sane seconded the motion. Mr. Locke noted that temporary assigning for 60 days will require the Board to revisit the matter. Mr. Schechter noted that District VI is under re-election in 2009; therefore, the issue must be addressed. Mr. Locke noted that the Board is not required to redistrict; however, the area must be assigned to a district. Mr. Austin mentioned that the reason for decennial census is to redistrict. Mr. Oliver noted that those who have been on the Board for a number of years have dealt with the issue of redistricting. Mr. Davila mentioned that his position is to request that the state approve the addition of more board members and he also requested that a strategy plan be presented. Mrs. Guzman asked what are the requirements. Mr. Locke mentioned that the College is required to assign the area under a district. He noted that the area could be placed in Districts VI and/or VII. He also apprised that all the districts will be reassigned after the census in 2010. Mr. Locke noted that the DOJ has approved the calling of the election and now there must be a submission for the annexation to be approved by the DOJ. He recommended delaying the approval from DOJ until a decision has been identified by the Board in regards to assigning the territory. Houston Community College Special Meeting – November 17, 2008 – Page 3 Mr. Locke apprised that if the territory is assigned to District VI, there could be some problems because the district is up for re-election in 2009. (Mr. Oliver arrived at 4:24 p.m.) Mr. Austin mentioned that although “one man, one vote” is important, the issue is public forum. He noted that the court normally looks at whether you are over a ten percent variation or deviation to see if something is right or wrong. He noted that in this forum, we should annex Alief and deal with the issue of redistricting and reapportioning after the 2010 census. Mr. Oliver mentioned that he was under the impression that Mr. Locke would inform the Board when the appropriate time would be for redistricting. He noted that as long as there is no endangerment of disenfranchisement, things should be kept in place until after the 2010 census. Mr. Locke informed that there will be a requirement to redistrict and redraw the lines for all nine districts after the 2010 census. Mr. Oliver asked Mr. Locke his opinion. Mr. Locke mentioned that he would place the area in Districts VI or VII on a temporary basis and determine what to do at a later time to see what is practical and reasonable. Mr. Davila mentioned that it is not unconstitutional to do it today. He mentioned that if there is going to be annexation of other areas, then good faith should be shown. Mr. Davila apprised that he is in support of adding two more seats to the Board. Mr. Locke noted that the issue at hand is to determine where to place the people in Alief that has now been annexed. Mr. Davila noted that the next step should be to review all available options. Mrs. Flores noted that there were other options provided by Mr. Rios. Mr. Rios mentioned that he worked with Mr. Locke after the 2000 redistricting. He noted that Mr. Locke is correct in the opinion provided. He noted that there is some exposure to the One Person-One Vote rule. He provided information depicting the following options for assigning the Alief territory: (1) place the entire area in District VI; (2) place the entire area in District VII; or (3) divide the area between Districts VI and VII. Mr. Schechter recommended that the Board temporary assign the area for sixty days and noted that the decision should be based on what best benefits the area. Mr. Oliver expressed that it will not be allowed for the voting strength of one group to become diluted while the voting strength of another group is increased. He noted that he would not sit idle to allow this to happen and noted that the membership of one group will be increased to the detriment of another. Houston Community College Special Meeting – November 17, 2008 – Page 4 Mrs. Flores mentioned that Alief is one of the most diverse communities; therefore, she is not sure that it would negatively affect any one community. Mr. Davila noted that he agrees with Mr. Oliver and noted that this is why he recommends that all options are reviewed. He noted that his efforts are to find a balance. Mr. Flores recessed the meeting for five minutes at 4:42 p.m. The meeting reconvened at 4:47 p.m. Amendment to Motion - Mr. Davila offered a friendly amendment and motioned to extend the temporary assignment for ninety days and assign the area to District VI. Mr. Schechter seconded the motion. Mr. Schechter asked if the location of the area is changed will a new election need to be held. Mr. Locke mentioned that the new plans would have to be submitted to the DOJ for approval, but new elections in the area are not required. Mr. Schechter mentioned that some district will inherit a large number of the population and noted that Trustees would need additional funds to communicate to the new community. Mr. Schechter clarified that if one or two Trustees will be asked to pick up a huge number of people who they have not had a chance to meet nor have been elected by them, then they should have the tools to communicate with the people. Mr. Davila mentioned that the Board is taking some statements too personal and associated with Mr. Austin in that the Board has always tried to do what is best. He requested to see how all the districts will be reflected. He noted that the right strategy needs to be identified. Vote Amended motion – The motion passed with a vote of 7 -0. ADJOURNMENT With no further business, the meeting adjourned at 5:04 p.m. Recorded by: Sharon R. Wright, Executive Administrative Assistant, Board Services Transcribed and submitted by: Sharon Wright, Executive Administrative Assistant, Board Services Minutes Approved: