REGULAR MEETING
OF THE BOARD OF TRUSTEES
HOUSTON COMMUNITY COLLEGE
October 22, 2009
Minutes
The Board of Trustees of Houston Community College held a Regular Meeting on
Wednesday, October 22, 2009 at the HCC Administration Building, Second Floor
Auditorium, 3100 Main, Houston, Texas.
BOARD MEMBERS PRESENT
Abel Davila, Chair
Neeta Sane, Vice Chair
Diane Olmos Guzman, Secretary
Bruce A. Austin
Yolanda Navarro Flores
Richard Schechter
Dr. Michael P. Williams
ADMINISTRATION
Mary Spangler, Chancellor
Art Tyler, Deputy Chancellor/COO
Renee Byas, General Counsel
Doretha Eason, Executive Assistant to the Chancellor
William Carter, Vice Chancellor, Information Technology
Charles Cook, Vice Chancellor for Instruction
Daniel Seymour, Vice Chancellor, Planning and Institutional Effectiveness
Cheryl Sterling, Interim Vice Chancellor, Student Services
Margaret Ford Fisher, President, Northeast College
Fena Garza, President, Southwest College
William Harmon, President, Central College
Zachary Hodges, President, Northwest College
Irene Porcarello, President, Southeast College
Betty Young, President, Coleman College
Willie Williams, Chief Human Resources Officer
OTHERS PRESENT
Kim James, System Counsel, Bracewell & Giuliani
State Representative Carol Alvarado
Bennie Ables, President, Faculty Senate
Other administrators, citizens and representatives from the news media
CALL TO ORDER
Mr. Davila, Chair, called the meeting to order at 4:36 p.m. and declared the Board
convened to consider matters pertaining to Houston Community College as listed on the
duly posted Meeting Notice.
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Regular Meeting – October 22, 2009 – Page 2
PRAYER AND PLEDGE OF ALLEGIANCE
Mr. Austin led the prayer and the Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
Approval of Minutes from Board Governance Committee Meeting of September 2, 2009,
Minority Male Initiative Committee Meeting of September 2, 2009, Special Meeting of
September 15, 2009, Board Governance Committee Meeting of September 17, 2009,
Communications/ Community Outreach Committee Meeting of September 17, 2009,
Committee of the Whole Meeting of September 17, 2009, Regular Board Meeting of
September 23, 2009, and Special Meeting of September 24, 2009.
Motion – Mrs. Flores moved and Mr. Austin seconded. The motion passed with a vote of
6-0.
HEARING OF CITIZENS
No citizens requested to speak before the Board.
AWARDS, PRESENTATIONS, AND RECOGNITIONS
• Mr. Richard Jennings, Senior Manager for Community Relations and
Contributions at Kellogg Brown & Root (KBR) presented the Board with a check
for $10,000 in support of HCC’s ongoing veteran programs.
CHAIRMAN’S REPORT
A.
HCC Trustees were elected nationally to the Association of Community
Colleges of Trustees (ACCT) at the annual congress held October 710, 2009 in San Francisco:
•
Trustee Yolanda Navarro Flores was elected as Chair-Elect of
ACCT Diversity Committee
•
Trustee Diane Olmos Guzman was elected Chair for ACCT
Western Region
•
Trustee Neeta Sane was elected Chair of Asian Pacific Islander
and Native American Trustees Association (APINATA)
B.
Trustee Austin elaborated on the Community Summit: Adult Career
Pathways held on Wednesday, October 21, 2009 at HCC-Northeast
C.
Recognition was given to Trustee Neeta Sane who received the 2009
DiversityFirst Award from the Texas Diversity Council on October 1,
2009 at the Gulf Coast Diversity Awards Luncheon
D.
HCC was also recognized by the Texas Diversity Council at the Gulf
Coast Diversity Awards Luncheon held October 1, 2009
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Regular Meeting – October 22, 2009 – Page 3
E.
HCC was recognized by the Vietnamese Culture & Science
Association at the Thirteenth Annual Vietnamese-American Youth
Excellence Recognition Luncheon
F.
Trustee Schechter apprised that six of the Trustees along with the
Chancellor attended the ACCT Congress and noted that the Board
Chair, Mr. Davila, with Dr. Spangler conducted a presentation on
innovation. He acknowledged that HCC is at the vanguard of what is
happening in the community college movement.
G.
Mrs. Guzman will be honored as one of the 100 Hispanic Women in
Leadership on October 22, 2009
H.
Mrs. Guzman noted that she along with Dr. Tyler hosted a roundtable
discussion at the ACCT Congress and noted that HCC was
acknowledged for being a forerunner in community outreach.
CHANCELLOR’S REPORT
Dr. Spangler provided the following information and recognitions:
•
The Government Finance Association of the United States and Canada
recognized HCC and Ron Defalco with the Certificate of Achievement for
Excellence in Financial Reporting.
•
The Communications department received eleven awards (5 gold, 3 silver and 3
bronze) at the National Council of Marketing and Public Relations Awards.
•
Mr. Austin will receive the Presidential Award from the NAACP at the Houston
Branch NAACP Centennial Freedom Fund Banquet Gala on October 30, 2009.
The award recognizes Houston’s most outstanding individuals who have
continued to advance the principles and mission of the NAACP.
•
The eBook Project, an Innovation Fund Program, was featured by Channel 11
News. The pilot program involves a Philosophy and English course using the
Kindle in place of the traditional textbook to determine if these devices are the
future of college classrooms. The eBook Project is part of the college’s plan to
find innovative ways to enhance student learning.
•
The State of the College was presented this month to community, business
leaders and elected officials. The following topics were discussed:
o Enrollment increases
o Facilities completions
o Funding
o Partnerships
o Student opportunities
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Regular Meeting – October 22, 2009 – Page 4
•
HCC received $1,157,442 from the American Recovery Reinvestment Act for
fiscal year 2010. These funds will be the primary funding source for adjunct
faculty hired as a result of the enrollment increase.
•
HCC also received $101,128 from the Jobs and Education for Texans (JET)
Fund. The money is part of the Comptroller’s Every Chance Funds, a $25 million
initiative providing grants and scholarships over the biennium for career and
technical education.
•
HCC is the recipient of a $3.5 million federal energy grant and the only Texas
institution selected by the U.S. Department of Energy to receive this grant. The
funding will help establish a network of educational, industry and state partners to
ensure the availability and effectiveness of solar training throughout the region.
The project will also provide professional development opportunities for
educators. The HCC grant is the largest amount out of the nine regions selected
•
The 2nd Annual Chancellor’s Symposium on energy brought together 250 high
school and HCC students for a day of information about educational opportunities
and career paths in the energy industry. Chevron Energy Solutions was the
Presenting Sponsor, John Hofmeister of citizens for Affordable Energy and
Former Shell Oil CEO gave the keynote address. Trustees Austin and Worsham
attended the event.
•
Faculty Senate – Bennie Ables, Faculty Senate introduced faculty advisors and
officers for Phi Theta Kappa. The Phi Beta Kappa extended an invitation to the
induction ceremony scheduled for Friday, October 23, 2009.
•
Financial Report for the Month of August 2009 - Dr. Tyler apprised that net
operation revenues are approximately $44.5 million and noted the projection for
the year is a little above the Board’s policy of 8-10% reserve and noted that thus
far the financial outlook is healthy.
Mr. Schechter inquired on the enrollment increase over the last two years. Dr. Tyler
noted that enrollment was up 30%. Mr. Schechter also noted that the Board adopted to
reduce the tax rate and noted that the college has identified $5 million dollars in
efficiency savings. Dr. Tyler noted that the college has also been able to sustain
students at the same tuition rate for the last four years.
Mr. Austin requested the itemized statements on the additional expenditures funded
from the reserve.
(Dr. Williams arrived at 5:14 p.m.)
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Regular Meeting – October 22, 2009 – Page 5
Mrs. Guzman asked for the criteria for distributing the enrollment funds received from
the American Recovery Reinvestment Act and asked if Southeast has the highest
enrollment, why are they receiving less faculty funding than other campuses.
Dr. Tyler noted that $1.57 million received was part of the apportionment from the state
which had some restrictions because it came as a grant with certain criteria. He noted
that it was advised that the best way to utilize the funds was for adjunct faculty. The
money was divided as part of the budget process.
Mrs. Guzman requested to see the criteria. Mrs. Sane requested the total number of
students at each campus.
Mrs. Flores noted that there is substantial growth; however, the review for fund
allocations should include the needs and not merely headcount.
Dr. Tyler noted that the budget was built on a five percent growth factor and noted that
the board would be advised in January on the recommendation for spending the funds.
Mr. Davila acknowledged that the HCC Northeast Learning HUB opening ceremony was
held on Tuesday, October 20, 2009.
CONSENT AGENDA
Motion – Mrs. Flores moved and Mrs. Guzman seconded to approve the consent
agenda with the exception of item A.1. The motion passed with a vote of 5-0.
•
Construction Services Central College Business Careers Building Build-Out
(Project #09-48)
•
Construction Services Central College South Campus Site Improvement (Project
#09-55)
•
Financial Collection Services (Project #09-11)
•
Global Times Inc. Professional Services Contract Extension
•
Agreement Between Harris County and Houston Community College Relating to
Joint Elections to be held on November 3, 2009
•
Investment Report for August 2009
REVISIONS TO BOARD BYLAWS
Motion – Mr. Austin motioned to move for approval and Dr. Williams seconded.
Dr. Williams referenced Article A (page 3 of the clean version) regarding revisions to the
blackout period and informed that the college should be transparent in this area. He
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Regular Meeting – October 22, 2009 – Page 6
noted that he is not in favor of the revision and mentioned that penalties are warranted
on both sides of the spectrum.
Mrs. Guzman recommended that item 5 be sent back to the committee for vetting. Mr.
Schechter noted that the current the bylaws provide for a blackout period from approval
until the signing of the contract. He noted that the committee’s theory was that the
blackout period would start once the RFP is posted, which provides a clear start date.
He noted that the communication is not cut off because the individual is eligible to speak
before the entire Board.
Mr. Davila thanked the committee and recommended that the Committee revisit the
concern regarding the blackout period.
Dr. Williams noted that the situation is possible enforcing personal choice rather than
reality. He noted that administration may have to speak with vendors and noted that
often there is a sense that something will take place, but that may not be the case. He
noted that there is a procedure option for the administration to inform of the blackout
period.
Motion – Mrs. Guzman motioned to send Item 5 of Article A back to the Governance
committee for vetting. Mrs. Flores seconded. The motion passed 7-0
Mrs. Flores noted that there is a concern regarding the Board Services Office (Redline
version, Article E) and noted that everything is eliminated regarding Board Services.
She noted that when the office was created it was on the recommendation of ACCT to
work with the Board.
Mr. Schechter apprised that the reason for the elimination was to move the office under
the Chancellor’s responsibility regarding the day-to-day oversight of operations.
Dr. Williams noted that responsive to and responsible for are different and expressed
that HCC’s Board Services office is extremely efficient.
Mr. Austin noted that the area is an administrative function.
Mrs. Guzman noted that the Board Services staff does attend the ACCT Annual
Congress and requested that the Board is apprised of the best practices received from
the ACCT Congress.
Dr. Williams noted that the current wording in the bylaws gives the impression that the
staff is supervised by the Board.
Mr. Austin noted that the responsibilities of the Board Services Office could be
incorporated in the bylaws by a reference to the document listing the responsibilities
such as the administrative policies.
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Regular Meeting – October 22, 2009 – Page 7
Mrs. Flores noted that her concern is to establish some form of responsiveness to the
Board.
Mr. Austin noted that an administrative policy should be established. He noted that a
check list is needed for all administrative policies.
Mrs. Sane referenced Article D, Section 2 (redline version) regarding equality and asked
why the item was eliminated. Mr. Schechter noted that the item was removed because
it seemed implicit of the duties of being a Board member; she noted that it could be
added as one of the duties of the Chair, Vice Chair and Secretary.
(Dr. Williams stepped out at 5:52 p.m.)
Motion to Amend – Mrs. Sane moved and Mr. Schechter seconded to amend to add
“sharing information in a timely manner” as part of the responsibilities of the Chair. The
motion passed with a vote of 6-0
Mrs. Guzman referenced Article B, Section 4 (clean version) regarding the Board
Leadership and requested that “actively and effectively advocate for the college and
community colleges in general” be added as one of the specific powers of the Board as
suggested by material she received from ACCT.
(Dr. Williams returned at 5:55 p.m.)
Mrs. Kimberly James requested a copy of the material referenced by Mrs. Guzman in
order to opine the issue.
Mr. Schechter recommended taking Article B, Section 4 back to the committee.
Mrs. Flores requested that “timely manner” be defined as it relates to Article E, Section
2, and Item G. She noted that possible language should be included to define what is
considered timely.
Mr. Davila noted that there should be a protocol regarding how information is provided
to the Board. Dr. Williams noted that timeliness should be negotiated with
administration. He noted that the item is in response to the Board not receiving
information in adequate time to review.
Mr. Schechter noted that it would be addressed along with the section regarding the
Board Agenda under Article H.
Mrs. Sane noted that Board Counsel provided a one page summary regarding the major
changes in the Board bylaws and requested that the summary be resent to the Board.
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Regular Meeting – October 22, 2009 – Page 8
Motion - Mr. Schechter moved to substitute the last sentence in Article E, Section 2 ”the
Chancellor has a fiduciary duty to the college including but not limited to….” Mr. Austin
seconded. The motion passed 7-0.
Motion - Mr. Schechter moved to approve the revised bylaws with the exception of
Article A, Section 5. Dr. Williams seconded. The motion passed 7-0.
TOPICS FOR DISCUSSION AND/OR ACTION
Mr. Davila apprised that the Board will consider items A.1 and B.3.
Motion – Mrs. Flores moved and Mrs. Guzman seconded.
Mr. Davila noted that item A.2 was being pulled.
Motion – Dr. Williams moved to approve the remaining items as a consent agenda. Mrs.
Flores seconded. The motioned passed with a vote of 7-0. The following items were
approved:
•
Region VIII Educational Service Center Interlocal Agreement
•
Personnel Agenda for October 2009
ADJOURNED TO CLOSED SESSION
Mr. Davila adjourned the meeting to Executive Session at 6:08 p.m., notice having
previously been given and reiterated in accordance with Sections 551.071, 551.072,
and/or 551.074 of the Open Meetings Law. Mr. Davila stated that any final action, vote
or decision on any item discussed in Executive Session would be taken up in Open
Session or in a subsequent Public Meeting.
Mr. Davila reconvened the meeting in Open Session at 6:54 p.m. and entertained
motions on pending matters.
(Present: Trustees Austin, Davila, Flores, Schechter, and Dr. Williams)
Motion – Dr. Williams motioned to authorize the administration to enter negotiations
related to the purchase of real estate on behalf of HCC. Mrs. Flores seconded. The
motion passed with a vote of 5-0.
Motion - Mrs. Flores moved to approve the appointment of Dr. Diana Pino as Vice
Chancellor of Student Services pursuant to terms and conditions of employment. Dr.
Williams seconded. The motion passed with a vote of 5-0.
ADJOURNMENT
With no further business coming before the Board, the meeting adjourned at 6:55 p.m.
Minutes recorded, transcribed & submitted by:
Houston Community College
Regular Meeting – October 22, 2009 – Page 9
Sharon Wright, Executive Administrative Assistant, Board Services
Minutes Approved as Submitted: