Peralta Community College District Planning and Budgeting Council Meeting Minutes October 26, 2012 Present: Mary Beth Benvenutti, Linda Berry, Sharon Clegg, Pieter de Haan, Jon Drinnon, Matthew Goldstein, Eric Gravenberg, Rick Greenspan, Bob Grill, Jenny Lowood, Thuy Nguyen, Mike Orkin, Tae-Soon Park, and Elnora Webb Chair/Co-Chair: Ronald Gerhard and Karolyn van Putten Guests: Jim Grivich, Susan Rinne, Anita Black, Debbie Budd, and Jeff Heyman Facilitator/Recorder: Linda Sanford and Joseph Bielanski Absent: James Blake, Timothy Brice, and Jennifer Lenahan Agenda Item Discussion Meeting Called to Order I. Agenda Review 9:00 AM II. Review of Minutes: September 28, 2012 III. Updated PBC 2012-13 Goals and 2013-14 Budget Building Calendar Minutes: APPROVED as amended Follow-up Action Agenda: APPROVED PBC 2012-13 Goals Added item #4. Track the Planning, Assessing, and Reviewing of the Budget Implications of ACCJC Recommendation #5. 2013-14 Budget Development Calendar – All Funds Added June 11, 2013 – Tentative budget is presented to the Board of Trustees. Page 1 of 14 Decisions (Shared Agreement/Resolved or Unresolved?) IV. Policies and Administrative Procedures Jim Grivich Peralta Community College District Planning and Budgeting Council Meeting Minutes October 26, 2012 BP 3505 Emergency Response Plan AP 3505 Emergency Response Plan AP 3900 Speech: Time, Place, and Manner AP 5013 Students in the Military AP 5015 Residence Determination AP 5031 Instructional Materials Fees AP 5040 Student Records and Privacy BP 5200 Student Health Services AP 5200 Student Health Services BP 5300 Student Equity AP 5300 Student Equity BP 5420 Associated Student Finance AP 5420 Associated Student Finance BP 5500 Student Standards of Conduct AP 5500 Student Standards of Conduct AP 5520 Student Discipline Procedures and Due Process AP 5530 Student Rights and Grievance Procedure BP 6400 Audits AP 6400 Audits BP 6500 Property Management AP 6500 Property Management BP 6620 Naming of Buildings AP 6620 Naming of Buildings BP 7130 Compensation BP 7140 Collective Bargaining BP 3505 Emergency Response Plan New; no previous Board Policy (BP) A Federal regulation Page 2 of 14 Peralta Community College District Planning and Budgeting Council Meeting Minutes October 26, 2012 AP 3505 Emergency Response Plan New; no previous Administrative Procedure (AP) The District has started a training program. AP 3900 Speech: Time, Place, and Manner Withdrawn. AP 5013 Students in the Military Reformatted existing AP. AP 5015 Residence Determination Reformatted existing AP. AP 5031 Instructional Materials Fees Based on Community College League of California (CCLC) aka “League” template and the most recent handbook from the State Chancellor’s Office. AP 5040 Student Records and Privacy Standard administrative procedure. BP 5200 Student Health Services AP 5200 Student Health Services Used League template. Reviewed by Dr. Patricia Dudley. BP 5300 Student Equity AP 5300 Student Equity A Title 5 requirement. Used League template. Recommendation was made to have time-certain reports for Page 3 of 14 Peralta Community College District Planning and Budgeting Council Meeting Minutes October 26, 2012 the Board. The process should start in the Spring for program Mr. Grivich review and discussion with faculty. will take the message to the Chancellor. BP 5420 Associated Student Finance AP 5420 Associated Student Finance No existing policy in place This was one of the large audit findings pertaining to Mr. Grivich documented internal control and oversight of those funds. Each college seems to have their own unique process. One of will revise the the rules and regulations surrounding ASB clubs and trusts is AP by adding more detail to that dual signatures are required on checks. It is to be signed it and then off by an Advisor/assigned Dean and also by someone at a bring it back to higher level. the PBC. Issues: 1. Documented internal control 2. Accounting system. We are still using Legacy. We need to transition all the data into PeopleSoft. Mary Beth Benvenutti has helped us with the process. We have been working with Business Managers to develop consistent guidelines district-wide on the use of ASB trust funds. During an internal audit last year, students from ASB clubs were asked to go through the process of: 1. Obtaining meeting minutes approving the use of those funds 2. Providing a budget document showing sufficient budget under the line item to pay for the obligation 3. Having the ASB club trust Advisor sign off on the requests It was recommended that we either spell out the accounting practices mentioned above by VC Gerhard or to alternatively Page 4 of 14 Peralta Community College District Planning and Budgeting Council Meeting Minutes October 26, 2012 build in an appeal process. The former is preferred. Withdraw AP 5420 BP 5500 Student Standards of Conduct AP 5500 Studen t Standards of Conduct, Student Discipline Procedures, and Due Process The original BP 4.40 Student Code of Conduct is being moved to an administrative procedure and a Policy statement is provided in BP 5500. No changes were made to the original 2011 content, only the formatting changed. AP 5530 Student Rights and Grievance Procedure It is currently BP 4.43, we are changing it to an AP and keeping the original 2011 approved language. Concern was expressed by President Webb regarding the structure of organization at Laney as it relates to this procedure. General Counsel Nguyen had a conversation with the Steven Cohen, Executive Vice President at Laney, months ago and sent him a one page flow chart. No change in procedure is needed. Mr. Cohen was to provide a declaration from the college to be sent out in writing before any disciplinary actions occur so students know where to go. BP 6400 Audits Required by law. Taken from the League template. AP 6400 Audits Follows Education Code and Public Contract Code. AICPA issued a guideline to all CPAS, that every 3 years the Page 5 of 14 To have ASB student government review the AP. Peralta Community College District Planning and Budgeting Council Meeting Minutes October 26, 2012 client should either-1. Change auditors; or 2. Change the lead partner in the engagement so to have a fresh set of eyes. Five years maximum is the legal requirement. Every two years, the auditors get an audit. All CPAs go through a peer audit. We just received our external auditor, Vavrinek, Trine, Day & Co.’s peer audit report. BP 6500 Property Management AP 6500 Property Management New policy using the League’s template. BP 6620 Naming of Buildings The policy is consistent with the League’s template. Added “standard guidelines” to the AP. Partial replacements should be included, BP 3.09 and 3.54. AP 6620 Naming of Buildings The idea is to use the same convention/methodology and practice at all four colleges. A firm issued a legal opinion pertaining to the 2002 Proposition 39 bonds for facilities and capital projects. The question was if a donor gave a substantial check for the naming rights of a building and the building was funded with Prop. 39 monies, does the contribution have to go back into the capital outlay fund? Per Mr. Grivich, that legal opinion was not found in his research. It was recommended that we research IRS tax rules so the donor doesn’t violate the tax deduction rule. Page 6 of 14 The audit will be uploaded to the District website. Peralta Community College District Planning and Budgeting Council Meeting Minutes October 26, 2012 BP 7130 Compensation “The District shall not provide employees any commission, bonus, or other incentive payment based, directly or indirectly, on the success in securing financial aid enrollments, to any person or entity engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance.” This BP is specific to Financial Aid or some sort of aid. It also applies to foreign student recruitments. It also applies to Board approved grants. Faculty/Staff cannot be compensated for obtaining grants, but can be compensated for managing the grant. BP 7140 Collective Bargaining The first paragraph is from the League’s template The last three paragraphs were added from government code V. Review 311 Report Motion to approve all with the exception of AP 3900 and AP 5420. APPROVED Annual Financial Report to the State Chancellor’s Office disclosing how we ended the fiscal year on June 30, 2012 and the Final Adopted Budget for fiscal year 2012/13. Ron Gerhard Highlights: Page 2-3: Categorizes the expenses. Page 4: Percent of Current Expense of Education (CEE). We are in compliance with the 50% law with 50.66% at the end of the year. Page 5: Balance Sheet – reporting of our assets, liabilities, and fund balance by fund groups. Page 34: Income Statement – the State looks at changes in fund Page 7 of 14 Peralta Community College District Planning and Budgeting Council Meeting Minutes October 26, 2012 balance. Fund 11 is the State’s equivalent to our Fund 01. The largest portion of State Revenue is general apportionment. For Local Revenues it is property taxes. Revenues – Expenditures + Transfers = a net increase of $728,191. OPEB and actuals (Funds 1, 3, 7, 10, 30, and 59) are included in there. Our beginning Fund Balance (July 1, 2011) was $9,162,671 and our ending Fund Balance (June 30, 2012) was $12,617,035. Fund 12 is our Fund 11 – restricted funds such as categorical or grants. The budget column does not include carryover. We cannot determine the carryover amount until we close our books. Susan Rinne, Budget Director, is in the process of working with the colleges to determine how they want to load their carryover monies. Fund 41 is Capital Outlay Fund – pass through money that we are supposed to receive from redevelopment agencies. Under California statue, 48.5% of all redevelopment monies are restricted for capital outlay. The rest goes into an unrestricted general fund. Effective February 2012, under court rule, the Governor may disband redevelopment agencies. The Governor viewed it as revenue (billions of dollars) that he can use to balance the State budget. As a result, Oversight Boards were formed and are in the process of determining what are the legal/contractual agreements, how much money is available to satisfy them, and the difference ought to be sent to the local agencies such as K-12 schools and community colleges. VC Gerhard is a representative on five Oversight Boards: Alameda, Albany, Berkeley, Emeryville, and Oakland. Peralta has over 30 active redevelopment projects. Under Page 8 of 14 Peralta Community College District Planning and Budgeting Council Meeting Minutes October 26, 2012 contract and California statute, we are supposed to receive, but have not been getting, audits from these redevelopment agencies. The reason why you see approximately $1.2 million in redevelopment revenue in fiscal year 2011/12 is because these redevelopment agencies realized that for the last 30+ years, they were supposed to but have not been giving us pass through on tax increment dollars. It was voiced by the Oversight Boards to get that money out to community colleges, K12, cities, and counties, etc. VC Gerhard will make a recommendation to the Chancellor to hire a firm who specializes in redevelopment law and conduct an audit for us. Last year, we received $1.2 million which was the highest amount received in five years. In most years, we’ve received $100,000. VC Gerhard is concerned that we are disbanding these redevelopment funds and at the end of the day, K-12 schools and community colleges will be left significantly short of that fund. Since we did not receive any financial reports, we are not aware of how much we are owed. The theory behind the redevelopment law is that we derive 30% of our Unrestricted General Fund from property taxes. By designating that area a redevelopment project, redevelopment agencies are depriving us from property tax dollars that we would otherwise receive. The State, to appease everyone, said they will backfill funds to us as best they can. Then over a period of time, people will start paying property taxes from the redevelopment projects. Note: Pass through money does not have to be spent in the same city the funds are received. 51.5% is unrestricted money Page 9 of 14 Peralta Community College District Planning and Budgeting Council Meeting Minutes October 26, 2012 to be allocated as Unrestricted General Fund dollars. It is not treated any differently from annual property tax money received. The expenditure side is allocated according to the Budget Allocation Model (BAM). VI. Benchmark Survey Data Update (including CCCCD) Fund 42 is our Measures A, B, and E funds. At the previous meeting, the outlier district appeared to be Los Rios CCD due to a formulaic error. The data came from the State Chancellor’s website via Data Mart. On an annual basis, the State Chancellor’s Office collects the data via Management Information System (MIS) submissions from all 72 community colleges. Ron Gerhard We’ve expanded our pool by adding Contra Costa Community College District from the last meeting. This benchmark is used to compare Peralta to other districts by evaluating our planning. Are we effectively using our resources? What are some things that our peers are doing that are innovative and effective compared to what we are doing? It is not required by the State for districts to submit their data by colleges (versus by district), but Finance will try to collect such data to the extent possible. Peralta CCD Employee FTE vs. Benchmarks Using Chabot-Las Positas as an example, it has 22 FTE Educational Administrators which represents 2.52% of Total Full Time Equivalent Students (FTES). Position Type Educational Admin Tenured Faculty Chabot-Las Positas 22.0 305.5 Page 10 of 14 Peralta 55.0 319.7 The benchmark survey will be resent. Peralta Community College District Planning and Budgeting Council Meeting Minutes October 26, 2012 Academic Part Time 204.9 295.6 Classified Administrator 31.0 0.0 Classified Professional 1.0 75.9 Classified Support 307.4 277.4 Total FTE 871.8 1023.6 VC Gerhard The determining factor for a Classified Administrator is if the person will confirm the is in CalPERS or CalSTRS. Peralta has nine positions that would be classification typically classified as Classified Administrators, four of which are of positions currently classified as Classified Professionals. with Human Concern was expressed regarding the way we report data to the State. Resources. VC Gerhard will We are not reporting the data correctly. There should be a standard also consult for Peralta to follow, which was in the spirit of doing this analysis. with HR as to The question to the PBC is what is our written defined process in how extra submitting data to the State Chancellor’s Office? It requires an service is Analyst from the College or IT running a report. The report is then reported. signed off by someone from the department and submitted to the State. Concern was expressed that Peralta’s Full-time/Part-time ratio and Classified Support are on the lower end. Based upon our observations, we will summarize our analysis into a document and then make a recommendation to the Chancellor. Peralta Comparison with Peer Districts (legal size document) Fiscal Data Abstract 2010-2011 Page 11 of 14 Peralta Community College District Planning and Budgeting Council Meeting Minutes October 26, 2012 Peralta’s Ratio of Unrestricted in Total General Fund through object 6000 is 84.6%. In other words, out of Peralta’s total general fund, around 16% was in categorical/grants or restricted funding. San Francisco CCD is closest to the average with 85.1%. Line 1: Academic salaries as a percentage of all general fund expenses - does not include benefits costs. Chabot-Los Positas is closest to the average at 39.74%. Peralta is the lowest at 35.66%. Line 2: 50% law ratio – Long Beach CCD is closest to the average at 51.57%. Peralta is the lowest at 51.15%. The next block, lines 3 – 14 are based on instructional activity codes and includes both restricted and unrestricted general fund. Highlights: Line 3: Non-instructional salary charged to instruction/ratio of total instructional costs. It consists of classified support and permanent hourly. San Mateo is the outlier at 34.33%. They account for their parcel tax as a separate distinct sub fund. San Mateo chose to take out some instructors and put them in the parcel tax fund leaving the non-instructional costs in the general fund. Lines 5 and 6: San Mateo skewed the average. If we omit San Mateo, Peralta would be closest to the average. The reason we are low is because of the way we account for current medical benefits and OPEB. OPEB is costing us $644 per FTES. Other districts don’t have that amount in terms of OPEB. Line 11: Student Services as a percentage of total operations thru 6700 – Peralta is the highest with 10.07%. We need to figure out Page 12 of 14 Peralta Community College District Planning and Budgeting Council Meeting Minutes October 26, 2012 what is included in the percentage. This percentage includes international recruitment. One explanation is the miscoding of Counseling and Student Services, but if we combined Counseling with Student Services our percentage is still high. VII. Committee Reports None – no recommendation or action items were forwarded to the PBC. Discussion regarding correspondence from Rick Greenspan: In Fall 2010, four Librarians came to the PBC with concerns about accreditation requirements due to of lack of funding to support their library materials and databases. Based upon the memo concerning prioritizing of funding, the PBC and its members endorsed the Librarians’ recommendation and forwarded it to the Chancellor for consideration. Chancellor Allen approved it. In prior years, we had fairly large amounts of carryover dollars that were not allocated to the Colleges. Finance would allocate only half of the restricted lottery dollars to the Colleges. As a result, when the Librarians came to the PBC and asked for a dedicated funding string, the funding provided didn’t impact the Colleges’ or the District Office’s Unrestricted General Fund because we had a large amount of Proposition 20 restricted money. PBC allocated $40,000 per college for the cost of annual licenses. Finance met with the Librarians and collectively created a process to allocate the funding. When invoices are received, requisitions are processed through IT. Part of the discussion in the Chancellor’s Cabinet and with Business Managers was that this funding created hardships on the Colleges’ instructional supplies funding. We are funded based upon funded FTES. In fiscal year 2008/09, Peralta generated in excess of 22,000 FTES. Right now, we are at 17,800 FTES. Because of that, we have Page 13 of 14 Peralta Community College District Planning and Budgeting Council Meeting Minutes October 26, 2012 had a reduction in lottery money. The PBC, in the future, needs to critically analyze the impact of our recommendations. We need to be critical and cautious when we make recommendations to the Chancellor regarding the shifting of funds. We are dealing with a finite amount of money here with a zero-sum game. Money diverted from one budget has to come out from another budget. We have to critically evaluate the impact of collateral damage that we are creating. VIII. Planning for Implications of Election Results (discussion) IX. Future Topics: Adjournment: Next meeting: Concern was expressed as to how the $160,000 was setup at the District. There is no way for Business Managers to track how much was spent. Per Ms. Rinne, the budget is separated by line numbers. tabled 12:09 PM November 30, 2012 from 9:00am – 12:00pm Minutes taken: Sui Song Attachments: All handouts for this meeting can be found at http://eperalta.org/wp/pbi/planning-and-budgeting-council/pbc-documents/ Page 14 of 14 Ms. Rinne will get the actual budget coding from IT.