REGULAR MEETING
OF THE BOARD OF TRUSTEES
HOUSTON COMMUNITY COLLEGE
May 19, 2011
Minutes
The Board of Trustees of Houston Community College held a Regular Meeting on
Thursday, May 19, 2011 at the HCC Administration Building, Second Floor Auditorium,
3100 Main, Houston, Texas.
BOARD MEMBERS PRESENT
Richard Schechter, Chair
Mary Ann Perez, Vice Chair
Eva Loredo, Secretary
Bruce A. Austin
Yolanda Navarro Flores
Sandie Mullins
Christopher Oliver
Dr. Michael P. Williams
ADMINISTRATION
Mary Spangler, Chancellor
Art Tyler, Deputy Chancellor/COO
Renee Byas, General Counsel
William Carter, Vice Chancellor, Information Technology
Charles Cook, Vice Chancellor, Instruction
Diana Pino, Vice Chancellor, Student Services
Daniel Seymour, Vice Chancellor, Planning and Institutional Effectiveness
Margaret Ford Fisher, President, Northeast College
Zachary Hodges, President, Northwest College
Irene Porcarello, President, Southeast College
Betty Young, President, Coleman College
Willie Williams, Chief Human Resources Officer
Remmele Young, Executive Director, Government Relations
Kelly Zuniga, Executive Director, HCC Foundation
OTHERS PRESENT
Jarvis Hollingsworth, System Counsel, Bracewell & Giuliani
Alan Ainsworth, President, Faculty Senate
Laura Garcia, President, COPA
Clarence Grier, Financial Advisor, RBC Capital
Other administrators, citizens and representatives from the news media
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Regular Meeting – May 19, 2011 – Page 2
CALL TO ORDER
Mr. Schechter, Chair, called the meeting to order at 4:08 p.m. and declared the Board
convened to consider matters pertaining to Houston Community College as listed on the
duly posted Meeting Notice.
PRAYER AND PLEDGE OF ALLEGIANCE
Ms. Eva Loredo welcomed Father Kevin Collins with Immaculate Conception Church to
lead the prayer and the Pledge of Allegiance to the Flag.
Mr. Schechter noted that the agenda would be adjusted as necessary.
Mr. Schechter informed that the Board and institution have in place a number of policy
and procedures establishing that employees and Trustees must adhere to the highest
standards of ethical conduct and noted that the policies and procedures work. He
informed that last year in accordance to the established policy and procedures, the
Board was notified of potential serious and ethical violations of one current Trustee and
one former Trustee. He noted that the Board immediately acted on the two complaints
and hired Smyser Kaplan & Veselka, L.L.P to conduct an investigation.
Mr. Schechter informed that the Board met with the firm’s lead counsel, Larry Veselka
regarding the investigation on Thursday, May 12, 2011 at which time Mr. Veselka
presented his final findings on the investigation to the Board. Mr. Schechter apprised
that the Board received the written report from Mr. Veselka and had the opportunity to
present questions regarding the investigation as well received advice from Board
Counsel. Mr. Schechter noted that the Board was now ready to take action.
Mr. Austin, Chair of Board Governance Committee, noted that Section 51.352 of the
Education Code, Responsible of the Governing Board provides that the Board must
take action and read the proposed Resolution of Censure for Board Member Yolanda
Navarro Flores.
Mr. Austin informed censorship is the highest level of sanction available to the Board
under Texas law since neither Texas law nor Board policy allows the Board to remove a
Board member from elected office.
Motion – Mr. Austin moved and Mrs. Perez seconded. The motion passed with a vote of
7-0.
Mr. Schechter noted that in addition to the findings and violations of college policies and
procedures and breaching of the fiduciary duty by Mrs. Flores, the investigators also
informed that two former Trustees, Abel Davila and Diane Olmos Guzman engaged in
conduct that breached their duties to the college and their responsibility under the
Board bylaws. He noted that the two former members are no longer Board Members
and the Board felt a censure was of no value; however, the Board publicly condemns
the unacceptable actions found by the investigator.
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Regular Meeting – May 19, 2011 – Page 3
Mr. Schechter noted that a fourth Trustee was also found to have violated Board
policies by creating a potential appearance of impropriety; however, Mr. Veselka clearly
presented the finding and considered that the finding in respect to this particular Trustee
to be of a much lesser magnitude than the conduct of the other three. Mr. Schechter
informed that Mr. Veselka explained that Trustee Christopher Oliver failed to disclose
information that had already been publicly disclosed.
Mr. Schechter informed that the Board concluded that given Mr. Oliver had timely filed
his public disclosure and it was on record at the time of the event as well as had
repeatedly recused himself from every other discussion and vote regarding the
particular business entity, this was a one-time action that was inadvertent or at worst a
one-time mistake.
Mr. Schechter apprised that Mr. Oliver cooperated fully with the investigation and
personally apologized to the Board for his action; however, the Board cannot tolerate
creating the appearance of impropriety; he noted that accordingly, the Board asked Mr.
Oliver to spend two hours with Board Counsel to review Board bylaws and procedures
as well as the ethical obligations of a Board Member.
Mr. Oliver expressed deep apologies for his action of any appearance of impropriety.
He noted that even though it was an honest mistake, he must bare full responsibility for
the mistake. He noted that those in leadership must avoid even the appearance of
impropriety.
Mr. Schechter noted that in addition to the actions taken by the Board, Board Counsel
and General Counsel have been asked to meet with Mr. Larry Veselka regarding any
recommendations for changes that should be made in procedure, policies and bylaws.
He asked that Counsel present the information to the Board Governance Committee for
review along with any other suggestions regarding the procurement system and
recommend any necessary changes in policy and procedure to the full Board. He noted
that if there are any changes that will improve the procedures, they should be put in
place promptly and also noted that the review should be completed in time for
consideration at the September Board meeting.
Mr. Schechter made a personal statement that reflects his views only.
(Mrs. Flores arrived at 4:26 p.m.)
Mrs. Flores asked for a point of personal privilege and read a statement regarding
allegations against her. She noted that if a report exists, it is all new information to her
as she has yet to receive a report. She noted that a response was submitted to two
HCC administrators regarding allegations that her spouse had conducted business with
an HCC vendor. Mrs. Flores noted she was contacted by a news reporter regarding a
response. Mrs. Flores asked for clarification of the procedures and should she not be
allowed the opportunity to response. She noted that the administration filed a complaint
Houston Community College
Regular Meeting – May 19, 2011 – Page 4
against her; however, the District Attorney’s office investigated the complaint and
dismissed the complaint.
Mrs. Flores informed that her husband has not conducted business with an HCC vendor
and noted that she has no knowledge that her son has conducted business with any
HCC vendor. She noted that she will continue to exercise her First Amendment right for
free speech and continue independent oversight of her fiduciary duties.
Mr. Schechter corrected the factual record and informed that the Board retained Mr.
Veselka’s firm in April 2010. In August 2010, Mr. Veselka apprised of potential
misconduct and the Board informed that they would not interfere. Mr. Schechter
informed that the Board received a letter that the District Attorney was not choosing to
prosecute any matters. Mr. Schechter informed that the Board considered the matter in
executive session last Thursday, May 12, 2011 and the Board also received the full
report at a Special meeting held on today, May 19, 2011 and Mrs. Flores was notified of
the meetings but chose not to attend. He informed that Mrs. Flores will be provided a
copy of the report.
ADJOURNED TO CLOSED SESSION
Mr. Schechter adjourned the meeting to Executive Session at 4:33 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. Schechter 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. Schechter reconvened the meeting in Open Session at 5:18 p.m. and entertained
motions on pending matters.
(Present: Trustees Austin, Flores, Loredo, Mullins, Oliver, Perez, Schechter, and
Williams)
RESOLUTION ACCEPTING DRAFT PLANS FOR REDISTRICTING OF HCCS
BOARD OF TRUSTEES DISTRICTS AND CONFIRMING PUBLIC HEARINGS
Mr. Gene Locke with Andrews Kurth informed that the Board is asked to consider four
plans regarding the redistricting process. He noted that more individuals have been
added to the district because of the annexation of Alief and North Forest.
Mr. Locke informed that the Board adopted the Priorities and Principals for Redistricting
that included nine principals to guide the redistricting process. He provided an overview
of the four proposed plans. Mr. Locke noted that general population figures were
provided in the overview presentation.
Mr. Locke noted that the Redistricting Committee reviewed plans A, B, and C and each
member was provided the opportunity to meet with Dr. Colon, Dr. Murray and himself to
review the proposed plans and provide input. He noted that Plan D emerged from those
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Regular Meeting – May 19, 2011 – Page 5
meetings with the Board. He also noted that Plan D contains voluntary swapping by the
Trustees.
Mr. Locke noted that the request is to have the Board’s full endorsement and adopt the
resolution presented in order to proceed with the redistricting process.
Motion – Dr. Williams moved and Ms. Loredo seconded to adopt resolution presented.
Amendment – Ms. Mullin moved and Mr. Oliver seconded to amend to include Plan D.
Mr. Austin suggest that on the amendment that Counsel for redistricting stated that
there are tweaking that will be allowable that are not presently show on the map
displayed.
Mr. Schechter asked if the adjustments would be made prior presenting to the public.
Mr. Locke informed that if there is a consensus among the Board members who are
swapping areas and there is no impact on the Principles of Priorities or Voters Right
Act, the adjustments would be incorporated immediately; however, if there is not an
agreement than the adjustments would be taken under advice and presented under the
process.
Mr. Schechter asked the Board if there are any problems with the understanding that
Plan D will continue to be a work in progress as long as there is an agreeable swap
among the Trustees that does not violate any laws or any of the Principles and
Priorities.
Ms. Loredo informed that she had not seen the fourth plan and requested the
opportunity to review the plan.
Mr. Austin noted that it would be better to present the plans vetted through the
Redistricting Committee. Mr. Oliver informed that the amended motion is to include the
plan that emerged following discussion with the individual Trustees. He asked to move
forward with the recommendation from Redistricting Counsel.
Mr. Schechter asked if it would be better for the public to see what has been discussed
as a fourth Plan to present transparency. Mr. Locke informed that it would be better for
the public to see the adjusted plan.
Mr. Austin noted that his recommendations were not reflected and noted it would be
best to present the three plans already vetted.
Mrs. Flores requested to see the plans with current districts and proposed plans overlaid and requested to see the 2000 precinct voter population and voting age population
for comparison to 2010 data.
Vote on Amended – The motion passed with vote of 5-2-1 with Mr. Austin and Ms.
Loredo opposing and Mrs. Flores abstaining.
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Regular Meeting – May 19, 2011 – Page 6
Mr. Schechter asked if it was possible for a crawl to be added to HCC/TV for the public
to be informed of the hearings. Mr. Locke informed that if the crawl is utilized it must be
done in all three languages (English, Spanish, and Vietnamese).
Mrs. Flores inquired why the hearing dates are so close together. Mr. Oliver informed
that the effort is to get the submission to the Justice Department as soon as possible so
that a response of approval is received or allow for time to respond to any inquiry.
Mr. Locke informed that because of the drastic changes in the districts, the Department
of Justice pre-clearance will take at least 60 days.
Vote on Amended Motion – The motion passed with vote 8-0.
Mr. Schechter informed that public hearings on redistricting will be held on:
•
Thursday, June 2, 2011 at 4pm
HCC Administration Building, 2nd Floor in Seminar Room A
•
Monday, June 6, 2011 at 7pm
HCC Southwest College, 5601 W. Loop South, Auditorium
•
Wednesday, June 8, 2011 at 7pm
HCC Northeast College, 555 Codwell Hall, Learning Hub
The public should contact Susan Gram with the Office of General Counsel at 713-7187514 or susan.gram@hccs.edu should they have additional questions regarding the
redistricting.
(Mrs. Flores left at 5:47 p.m.)
APPROVAL OF MINUTES
Approval of Minutes from Academic Affairs/Student Services Committee Meeting of
April 14, 2011, Budget Committee Meeting of April 14, 2011, Committee of the Whole
Meeting of April 14, 2011, External Relations Committee Meeting of April 14, 2011,
Redistricting Committee Meeting of April 14, 2011, Board Governance Committee
Meeting of April 21, 2011, Bond Evaluation Committee Meeting of April 21, 2011, and
Regular Meeting of April 21, 2011
Motion – Mrs. Perez and Dr. Williams seconded to approve the minutes. The motion
passed with a vote of 7-0.
HEARING OF THE CITIZENS
The following citizens requested to speak before the Board:
•
Daniel Arp
Houston Community College
Regular Meeting – May 19, 2011 – Page 7
(Mr. Oliver stepped out at 5:51 p.m.)
(Mr. Austin stepped out at 5:52 p.m.)
CHANCELLOR’S REPORT
Dr. Spangler provided the following information and recognitions:
(Mr. Oliver returned at 5:53 p.m.)
•
Salzburg Seminar Fellows
Congratulations to those awarded the Salzburg Global Seminar Fellowship. The
recipients will be part of an intense seminar on "Making Colleges and
Universities Sites of Global Citizenship”. The following faculty:
o
Joanne Hsu, Psychology, NW
o
Roger Bumgardner, Radiologic Technology, Coleman
o
Raven Davenport, Business Administration, Central
The following students have been selected by the College Presidents to attend
Salzburg Seminar, May 19-27 with Dr. Fena Garza as administrative chaperone
and Dr. John Speer as faculty:
o
Briseda Gamez (SE)
o
Colin Healy (NW)
o
Miguel Roman (Coleman College)
o
Brandi Dyche (SW)
o
Latarsha Emerson (NE)
o
Nicole Medina (Central)
•
Commencement
A total of 4,982 degrees and certificates were awarded this commencement and
1660 students participated in the graduation ceremony on Saturday, May 14,
2011 at Reliant Stadium.
•
Enrollment Report
On May 5, 2010, HCC enrollment exceeded over 75,000 students for the first
time in the college's history. HCC’s student headcount increased by 3,657
students or 5.1% for Spring 2011 compared to Spring 2010.
Houston Community College
Regular Meeting – May 19, 2011 – Page 8
•
Competition
More than 50 U.S. cities officially entered the $1 million Talent Dividend
competition, to see which city most increases the number of residents with a
college degree by September 2013. The Center for Houston’s Future, a nonprofit that seeks to advance the Houston region as one of the top ten global
communities in which to live and work, is leading the effort in Houston, acting as
the key liaison between CEOs for Cities and an area Advisory Panel consisting
of leaders in education, business and government. In the Houston region alone,
a 1% increase in college attainment would result in an additional $4.2 billion
dollars for the local economy. The winner will be announced in September 2014.
•
Introduce Curtwin Bismarck as winner of Jack Kent Cooke Foundation
Scholarship
Curtwin Bismark came to the Honors College from his home country of
Zimbabwe. In his two semesters with Honors College, Curtwin has been a
Tsunami of activity: from continuing his participation in the NW College student
government association to captaining the Honors College’s first Bi-Lateral Model
Arab League team. Three weeks ago, "Campus Compact" recognized Curtain’s
efforts with a Newman Civic Fellow Award, one of only 4 students in Texas
schools to be so named and one of 135, nation-wide.
Curtwin became the first HCC student to win the Jack Kent Cook Foundation
Transfer Scholarship, the most prestigious transfer scholarship in the United
States: The award grants the recipient $30,000 per year (for up to three years)
to study anywhere in the world.
This scholarship program would not be possible without the efforts of the faculty
representative network. The applicant pool consisted of 785 nominations and
the caliber of the students was impressive.
Kudos to Dr. Harmon-Central College President, David Wilcox, and Dr. Cheryl
Peters who are the Honors College leaders/faculty making the opportunities
possible.
•
Faculty Senate – Dr. Alan Ainsworth informed that the proposed changes that
are necessary in order to cut budgets have created tension among faculty and
staff. He noted that as the administration works through the details of changing
processes and expectation, faculty and staff are quite concern of what these
changes may mean to them individual; however, appreciation is warranted in the
increase in tuition and fees. He noted that because of the added revenue, HCC
is still the most successful institution of higher education. Dr. Ainsworth apprised
that it was an distinct honor to be able to congratulate the students during the
graduation ceremony on their accomplishment.
Houston Community College
Regular Meeting – May 19, 2011 – Page 9
CONSENT AGENDA
Motion - Dr. Williams moved and Ms. Mullins seconded to approve consent agenda
items. The motion passed with a vote of 6-0. The following items were approved:
•
•
•
•
Oracle License Increase
Board Expenses Reduction
Investment Report for March 2011
Financial Report for April 2011
INVESTMENT REPORT FOR MARCH 2011 AND FINANCIAL REPORT FOR APRIL
2011
Dr. Tyler provided an overview of the Investment Report for March 2011 and Financial
Report for April 2011.
Mr. Schechter apprised that the Budget Sub-committee will hold a budget workshop on
Thursday, June 16, 2011 at 12:00 p.m.
TOPICS FOR DISCUSSION AND/OR ACTION
REAL ESTATE TRANSACTION LOCATED IN DISTRICT VI
Motion – Ms. Mullins moved and Mr. Oliver seconded.
Ms. Mullins apprised that the property is located in District VI in far west Houston, which
is growing rapidly. She noted that this purchase would serve as a great opportunity to
serve the community.
Vote - The motion passed with a vote of 7-0.
Dr. Tyler apprised that the approval of the transaction will allow for the purchase of 21
acres off Westheimer and is a good investment for the college.
Dr. Hodges apprised that current interest is possible Science, Technology, Engineering
and Mathematics (STEM) discipline and noted that the initial brainstorming is a possible
science academy with a niche for students interested in science and engineering
professions.
PERSONNEL AGENDA FOR MAY 2011
Motion – Mr. Oliver moved and Dr. Williams seconded. The motion passed with a vote
of 7-0.
RESOLUTION RECOGNIZING DR. MICHAEL P. WILLIAMS
Mr. Schechter informed that he attended the 25th celebratory anniversary services for
Dr. Michael P. Williams on Sunday, May 15, 2011 in recognition of his accomplishments
and commitment to the community outreach initiatives. He presented a resolution to Dr.
Williams on behalf of the HCC Board of Trustees.
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Regular Meeting – May 19, 2011 – Page 10
Motion – Mr. Schechter moved and Ms. Mullins seconded. The motion passed with a
vote of 7-0.
Dr. Williams expressed his appreciation for the recognition and apprised that he would
not be running for re-election as HCC Trustee for District IV. Dr. Williams informed that
he has been elected to the Board of Trustees for Westminster College.
ADJOURNMENT
With no further business coming before the Board, the meeting adjourned at 6:25 p.m.
Minutes recorded, transcribed & submitted by:
Sharon Wright, Manager, Board Services
Minutes Approved as Submitted: