SPECIAL MEETING OF THE BOARD OF TRUSTEES HOUSTON COMMUNITY COLLEGE SYSTEM October 6, 2008 Minutes The Board of Trustees of the Houston Community College System held a Special Meeting on Thursday, October 6, 2008 at the System Administration Building, 3100 Main, 2nd Floor, Seminar Room A, Houston, Texas. Board of Trustees Present: Yolanda Navarro Flores, Chair Bruce A. Austin, Vice Chair Diane Olmos Guzman, Secretary Abel Davila Richard Schechter Administration Present: Mary Spangler, Chancellor Art Tyler, Deputy Chancellor/COO Renee Byas, General Counsel Willie Williams, Associate Vice Chancellor, Human Resources Remmele Young, Director, Office of Government Relations and Sustainability Others Present: Maureen Singleton, Counsel, Bracewell & Giuliani Other administrators, citizens, and representatives of the news media CALL TO ORDER Mrs. Flores called the meeting to order at 12:30 p.m. and declared the Committee convened to consider matters pertaining to the Houston Community College System as listed on the duly posted Meeting Notice. FIRST PUBLIC HEARING ON PROPOSED TAX RATES Dr. Spangler apprised that this is the first public hearing of the two required public hearings. She informed that the Board at a Special Meeting held on Wednesday, September 24, 2008, considered approving the proposed Maintenance and Operations Tax rate of $.077563 per $100 assessed valuation and Debt Service Tax rate of $.014926 per $100 assessed valuation. The combined rate for Maintenance and Operation and Debt Service approved is $.092489. She noted that the item also identified the next meeting for the second public hearing. She extended the opportunity for any individual in the audience to speak on the proposed tax rate. (No individuals requested to speak before the Board). Mrs. Flores asked if there is a tax rate increase. Dr. Tyler apprised that the debt service requirements were increased; therefore, it is proposed to increase the debt Houston Community College System Special Meeting – October 6, 2008 – Page 2 services rate .014926 in order to cover the increase in debt service. He noted that the maintenance and operations rate was lowered to .077563. He noted that the rationale was to make certain there was enough money to cover debt and secondly to get as close as possible to what was proposed in the budget. He noted that there was also a commitment to the potential voters in Alief not to raise the tax rate above .092. The Board discussed the date and time for holding the second meeting. Administration apprised that the notice has already been posted in the Chronicle as required. Dr. Tyler noted that the item must be approved by the Board by November 27, 2008. Dr. Tyler noted that originally the meeting was scheduled for Thursday, October 2, 2008 at 4:00 p.m. but a quorum could not be established. The Board concluded to poll for the scheduling of the next meeting. APPROVE RESOLUTION REGARDING FACULTY AND STAFF OPERATIONS AFFECTED BY HCC CLOSURE DUE TO HURRICANE IKE Motion - Mr. Austin motioned to approve the resolution and Mr. Davila seconded. The vote was 4-0-1 with Mrs. Flores abstaining. Dr. Spangler stated that the item was discussed as to what should be done for parttime hourly employees who were unable to work while the school was closed due to Hurricane Ike. She noted that general counsel prepared a resolution, which enables the Board to approve paying everyone during the time off. Mrs. Guzman reiterated that the request from the September meeting was to opine whether there is a law that prevents the Board from the action in the resolution. Mr. Schechter asked each of the attorneys present to state that the action is legal. Mrs. Flores asked why is it necessary for a resolution to be passed as opposed to it being an administrative action. Mrs. Singleton stated that the Board has to determine that passing the item meets the public purpose and the resolution set forth the reasons the Board believes it meets a public purpose. She also noted that two requirements must be met (1) Board determines it serves a public purpose and (2) issue of controls as in the case of giving administration ability to change the calendar. She noted that both items are included in the resolution submitted for approval. Mr. Schechter asked if both counsels present were advising that it is legal to take those actions. Mrs. Byas advised that it is based on the statutes. Vote – The motion failed with a vote of 4-0-1 with Mrs. Flores abstaining. Mrs. Byas advised that the Board needs to declare that an emergency exists and that there is a public purpose under the statutes. Mr. Austin asked if these statements needed to be made by the Board. Houston Community College System Special Meeting – October 6, 2008 – Page 3 Mr. Schechter asked if the Board moves to adopt the resolution, will all the requirements be met. Mrs. Byas advised that research was completed. Motion - Mr. Schechter motioned to approve the resolution because an emergency existed pursuant to article 44.031 of the Texas Education Code that left the facilities of Houston Community College inoperable due to natural disaster of Hurricane Ike, noting that the Board declared that an emergency existed and all governmental area entities in the area have taken the same approach due to emergency conditions that existed as a result of Hurricane Ike and Mrs. Guzman seconded the motion. The motion passed with a vote of 5-0. Mrs. Flores announced that the second public hearing on the proposed tax rate will be held on Thursday, October 16, 2008 at 4:00 p.m., HCC Administration Building, 3100 Main, 2nd Floor in Seminar Room A. ADJOURNMENT With no further business, the meeting adjourned at 12:59 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: