Board of Trustees’ Policy Review Committee Meeting: February 28, 2008
Peralta Community College District
Meeting of the Board's Policy Review Committee
Thursday, February 28, 2008, 2:00 - 5:00 PM
Chancellor's Conference Room
District Administrative Offices
333 E. 8th Street, Oakland, California
Attendance: Trustees Cy Gulassa, Trustee Nicky Gonzalez Yuen, Trustee Bill
Withrow, Student Trustee Reginald James, General Counsel Thuy Nguyen, Risk
Manager Joanne Baldinelli, PFT President Debra Weintraub, DAS President
Joseph Bielanski, Tae-Soon Park, Mark Greenside, Carlotta Campbell, Tom
Branca, Shirley Coaston, Diana Lara, Bob Bezemek, Roxanne Epstein.
The meeting was called to order at 2:10 p.m.
1.
Goals for Spring 2008 and Fall 2008
In Spring 2008, the committee hopes to finish reviewing Chapter 6. The committee
wishes to show its process of reviewing all of the policies with a timeline. The timeline
will be proposed for final acceptance at the next meeting. The committee has a goal to
update the student trustees’ policy.
2.
Board Policies 2.20, 2.23: DAS and PFT Considerations
There has been an ongoing conversation about these policies, so there is no presentation
of these policies today.
3.
Merge BP 2.30 & BP 3.07 – Freedom of Speech & Policy Concerning Political
Activity during Working Hours and Political Activities on District Premises
(with Guest: Robert Bezemek, Esq., representing Peralta Federation of Teachers)
Attorney Bezemek addressed the group on his views and the controversies about
speaking about politics on campus. He feels that a labor organization has an absolute
right to do this on campus, in his opinion, in mailboxes and using campus communication
devices, even for political activities. He passed out several handouts. (See meeting
handout attachment.) The union feels that Peralta’s interpretation is a severe limitation.
General Counsel Nguyen shared that employee mailboxes are not a public forum, and
that public resources can’t be used for political activities unless a statute specifically says
so. College squares are usually considered public, and Peralta can designate a space as a
public forum, as long as no district funds are spent for the activity. It is a criminal
misdemeanor to violate the statute. She recommends to the Board that they wait and see
what the Supreme Court of California says about this matter in the mailbox case, as a
violation might put employee’s at risk. A state statute is not negotiable during labor
negotiations. The mailbox case involved a union activity memo with political
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Board of Trustees’ Policy Review Committee Meeting: February 28, 2008
endorsement, where faculty came to their mailboxes to pick-up their mail. At Peralta, an
employee needs to distribute the mail here from the duplication department. Even if this
labor is of nominal cost, the court said this is an absolute prohibition. Reasonable minds
seem to differ on the interpretation of the statute. This has been a consistent
interpretation of the law historically here at Peralta and at other government institutions.
Endorsements are allowed during a public meeting. It was asked if we currently have a
policy on hate speech, also.
It was the consensus of the committee that the two sides work to draft a policy of what
we can do and agree upon now, and then await the Supreme Court decision.
SUGGESTION: It was suggested that the word “political” be changed to “partisan” in all
instances to clarify BP 3.07.
There was no debate on the following two issues and opinions that Mr. Bezemek
presented, but questions on the facts of these issues were allowed for clarification
purposes.
Policies for administrators moving into the bargaining unit/retreat rights
Retreat rights are a bargainable issue. There should be a sidebar agreement for any
reassignment as presented in Education Code Section 87458. He’s not sure if a person
can waive their retreat rights in their contract. The best person should be hired.
Workplace stability should be negotiable, and he is concerned about work displacement
issues. There are parts of the retreat rights policy that should be negotiable, instead of
talking to the Academic Senate, besides salary. The union discusses this with the
Academic Senate, but the Academic Senate can’t enforce the issues.
Procedures for investigations of faculty
People are informed if they are a target of an investigation, a framework is being
developed for this. A copy of the complaint should always be provided to the employee,
with a copy to the Union. Due process includes the right to have a union representative
present during interrogation.
BP 2.30 Free Speech
Suggestion to add “and encouraged” after “are respected”. There is no comma after
“confrontations”.
ACTION: Motion Trustee Withrow, second Trustee González Yuen to send this policy
to the Board for approval as amended. Passes.
4.
Chapter Six Revisions / Proposed Revision to Chapter 6 Policies
a.
Feedback from SPPAC
BP 6.47 Refund Policy
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Board of Trustees’ Policy Review Committee Meeting: February 28, 2008
No comments received at SPPAC. In the first paragraph, Passport system has no
concerns with this at this time. Don’t know what equivalent means. This only applies to
if a student withdraws from all classes. The word could mean something different if
referencing intersession or classes that don’t meet as often. We want to give students a
refund if they are timely in cancelling. This would also give the evening students a
chance to receive a refund. Tell business managers about this to give them notice of how
to apply section 1a.
CHANGE: Section 1a: To “The first two classes” instead of “the first two equivalent
sessions”. Change Section 1d: To “prior to the third class of instruction” instead of “after
the first two weeks”. Exceptions should be made in extreme circumstances, and an
appeal process should be added as a section C. The student may appeal to the Vice
President of Student Services to waive restrictions on the refund policy for cases of
extreme hardship. This language shall be drafted by the General Counsel.
ACTION: Motion Trustee Withrow, second Trustee González Yuen to send this policy
to the Board for approval as amended. Passes.
BP 6.48 Non-Payment of Enrollment Fees, Other Fees and Obligations
There were no comments by SPPAC.
ACTION: Motion Trustee Withrow, second Trustee González Yuen to send this policy
to the Board for approval. Passes.
BP 6.55 Instructional and Other Materials Fees
There were no comments by SPPAC. Distinguish what this includes. Instructional
supplies are required for credit, not just the textbook. The course outline must this.
CHANGE: Use the term “obtain” rather than “provide” in the first sentence.
ACTION: Motion Trustee González Yuen, second Trustee Withrow to send this policy
to the Board for approval. Passes.
BP 6.60 Safety
No response has been received from 1021 or local 39. The Risk Manager distributed
copies with her edits of the original policy and adding the role of health and safety
committee. (See meeting handout attachment.) She feels that maximum occupancy signs
and listing emergency contact information is beyond what a policy document should
present. There is a CalOSHA requirement to identify responsibilities in an IIPP program,
which is referenced here. There is some frustration that the process is slow to instigate
change, which is the reason that so much detail is included in the policy to try to
implement administrative procedures. 90 days has been discussed as a timely framework
to establish Administrative Procedures after a Board policy is adopted. It is a problem to
identify some things, and not identify others, implying it is a priority. All of the
important categories are included in IIPP. However, having signs in classrooms and
evacuation procedures instructions posted isn’t included in IIPP. A paragraph has been
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Board of Trustees’ Policy Review Committee Meeting: February 28, 2008
added about the safety committee. The committee asks that a safety program be created
and implemented. Our disaster plan talks about emergency procedures. It was also
recommended that it’s the employee’s responsibility to work safely, as many of the
problems we experience are from employees who are violating safety policies without
consequences. Add “attend safety trainings”. Should read “environmental hazard and
health and safety policies.” We don’t delegate responsibility, but we delegate the
authority to delegate responsibility.
ACTION: Motion Trustee Withrow, second Trustee González Yuen to send this policy
to the Board for approval as amended. Passes.
BP 6.61 Repair and Maintenance of Facilities
There was no comment from SPPAC. Combine the first and second sentences, “…which
among other items shall include…”
ACTION: Motion Trustee Withrow, second Trustee González Yuen to send this policy
to the Board for approval as amended. Passes.
BP 6.62 Hazardous Material Management
The Risk Manager distributed edits for this policy. (See meeting handout attachment.)
The goal is to control the acquisition of our chemicals. Our safety equipment needs
upgrading and training. How do we alert people that there are hazardous materials?
Appropriate signage is important. Number 8 could be added to include a signage
procedure.
ADD: Sentence 1: “…contractors a healthful and safe work and educational
environment.”
Sentence 2: “maintain a healthful environment by reducing the dangers of handling,
storing, transporting, using and disposing of potentially hazardous materials. This policy
shall include:
1. “…and the disposal of hazardous substances…”
ACTION: Motion Trustee Withrow, second Trustee González Yuen to send this policy
to the Board for approval as amended. Passes.
BP 6.63 Reporting Accidents Involving District Vehicles
If this policy is ever resurrected, it should include a timeframe by which police services
needs to respond, such as “as soon as possible, or by the end of the day.”
ACTION: Motion Trustee Withrow, second Trustee González Yuen that this policy be
deleted and sent to the Board. Passes.
BP 6.64 Use of College Facilities
We need to make our facilities open to the Boy and Girl Scouts, which is a statute, even if
don’t explicitly add this to our policy. The charges were established by the district for a
preferred user at very reasonable costs. It seems as though the prices and equipments
lists are not being updated yearly. Show the business managers this. The price list is
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Board of Trustees’ Policy Review Committee Meeting: February 28, 2008
listed in the Administrative Procedure. The AP should remind business managers to
update this list on a regular basis
ACTION: Motion Trustee Withrow, second Trustee González Yuen to send this policy
to the Board for approval as amended. Passes.
BP 6.66 Sexual Assault
There are new rules on posting requirements. Posting prevention information on the
website that an assault has occurred within a certain timeframe would be helpful. “Office
of the Dean” should be changed to “Office of the VP of Student Services”. An
emergency alert system could be used to notify people, too. A notice should be posted at
the place of the occurrence to alert people of the risk. There was a suggestion to mention
state laws, and to reference prosecution to the full extent of the law, as well as through
Peralta, and ensure that the laws are enforced, and that we act as an advocate of the
victim. General Counsel has concerns about this statement. The committee would prefer
to revisit this policy in the future. Posting requirements will be part of the timely notice
policy, as well.
The meeting was adjourned at 5:02 p.m.
There will be no committee meeting next month.
Roxanne Epstein
Assistant to the Chancellor
repstein@peralta.edu
466-7203
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