Board Policy Review Committee
July 16, 2009 Minutes
Present: Trustee Gulassa, Trustee Withrow, Trustee González Yuen, Thuy Nguyen,
Karolyn van Putten, Joseph Bielanski, Debra Weintraub, Carlotta Campbell.
BPs (Board Policies) 6.02 – 6.40 are still in the Board audit and finance committee, and
they should be review then by the end of September. Those policies will then return to
the policy review committee, and proceed with the vetting process.
There was a suggestion to refine and limit the scope of future agendas.
Today’s goal is to finish Board Policies in Chapter 6, excluding BPs 6.02 – 6.40. Many
of these were delegated to Sadiq Ikharo at the last meeting.
BP (Board Policy) 6.84 - The Board would like to see a list of contract deliverables, and
to receive a report after the first $25,000 of a contract is expended. The Board requested
a policy on personal service contracts. Monthly timecards and progress reports on
deliverables were also suggested. The Board Audit and Finance committee is requested
to incorporate some of these elements into BP 6.85, Independent Contractor. There was a
suggestion for a yearly limit on the number of times that the Chancellor can make an
additional contract approval. There was a suggestion that the contractors’ names be
listed, in addition to the vendor company’s name.
APPROVED This policy will proceed to the new facilities committee.
BP 6.85 - The Inspector General is working on this policy, and it will first be reviewed at
the audit and finance committee. She will also present a fraud policy to the audit and
finance committee. The General Counsel suggested that, in general, a policy should
come to the policy review committee first, and then the policy review committee should
recommend the stages for the policy, if it should proceed to another Board committee.
BP 6.87 - Trustee González Yuen would like to see a policy for acknowledging union
trade workers upon a building’s completion. He will develop a draft policy. The BCC
building plaque listed any worker who contributed at least 100 hours of work. It was
suggested that the hours worked as a percentage of the total amount of time spent on the
project also be examined. The AP (Administrative Procedure) can delineate the project
scope for the plaque. There was a concern that unethical agents could seek adding their
name on a building, which should be a consideration when evaluating the merit of the
project. A legal caveat is that if an entity receives a tax deduction from work on the
building, then their name can’t be on the building, unless it’s less than 10% of the bond
budget amount.
APPROVED This policy will proceed to the new facilities committee.
BP 6.88 – There was a suggestion for an acting chancellor policy, which General Counsel
Nguyen will bring back to the committee.
APPROVED This policy will proceed to the new facilities committee.
Board Policy Review Committee: July 16, 2009 Minutes
BP 6.90 - There have been no legal changes that would affect this policy.
APPROVED – This is ready to proceed to the full Board, noting that a revision update
was completed.
BP 6.91 – APPROVED This policy will proceed to the new facilities committee.
BP 2.23 - A verification process is requested at the beginning of the policy, and that the
fall-back right can’t be abrogated. FASs are tabulated on the date of hire. Manager
retreat rights need to be examined. The Board needs DAS input into manager retreat
rights after fulfilling the two year requirement. Salary placement based on the collective
bargaining agreement needs to be followed, and placed in the hiring contract, or with the
policy attached to the manager’s contract. It is unclear who is considered to be an
academic administrator. Trustee Withrow will draft language adding the special role that
the DAS President serves at Board meetings, and their jurisdiction. There is a
concurrence on this policy, pending the addition of the DAS Board meeting role.
APPROVED, with the direction to add to Item j any such agreed upon language.
This policy will proceed to the new education committee.
BP 6.71 - It was asked if an MOU is needed with local cities. The Sherriff’s department
has vetted this policy. Our Sherriff’s department would notify Laney, as an example of
how this policy is executed. The AP can expand upon actions that then need to follow.
APPROVED This policy will proceed to the new facilities committee.
BP 5.64 - The intent is to have a separate policy on the use of books on the internet.
General Counsel Nguyen and Trustee Withrow will work on this over the summer. The
Board student services committee may then also want to review this policy.
MOU – The faculty requested that this item be addressed when the full faculty returns in
the Fall. A request for further data will be requested from HR, and General Counsel
Nguyen will assist with that.
BP 1.18 - Concerns were expressed to remove any possible discriminatory aspects to the
hiring process, such as a subordinate employees serving on a hiring committee to
undermine the process. There’s a concern with having too many people on a hiring
committee, committee logistics, finding hiring expertise, or union bias. The hiring
timetable could be limited and designated, such as having a general rule that all hiring
shall be completed by June 15th, as a suggestion. For a position such as for the
Chancellor, the committee size needs to be large. The quality of the selection and the
speed of the process need to be examined. The quality of the hiring pool and the
screening process also should be examined. A separate sheet could be added asking for
specific experience in the needed areas. Multi-culturalism and student success could be
standard questions for an applicant. Adequate preparation, training, and input into the
questions should be provided. The new Vice Chancellor of Human Resources can assist
to establish this process. One committee member was interested in getting feedback on
the added paragraph draft. The draft BP and AP will be forwarded to a smaller
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Board Policy Review Committee: July 16, 2009 Minutes
leadership group, such as HR, the DAS President, the union President, and others, asking
for written feedback.
Chapter 3 - Fall 2009 is the anticipated goal to address this chapter.
PBIM - The new planning and budgeting Integration Model (PBIM) was presented by
General Counsel Nguyen.
There may be a challenge to decide to which committee to send a policy for review.
Trustee Withrow feels that another party should decide to whom to route the policies.
General Counsel Nguyen will recommend an alternate procedure to the Chancellor.
Once a decision is made, it would be nice for the information to flow back down to the
initiating counsel. This model was approved by all of the involved groups. An
administrative procedure will follow. The Chancellor conducted town hall meetings with
all of the colleges on this model. Trustee Yuen shared there is no grounds member
included from Local 39, and no one overseeing issues of environmental sustainability
represented. Instead of SPPAC, there is now the lower committee and then the counsel.
The Board policy review committee has acknowledged that they have been briefed on
this model. The Board would like periodic reports on the progress of the model, as well
as seeing the model tracking system.
BP 5.02 - Grant application/Special Projects was postponed to a future meeting.
BP 6.86 - Trustee Withrow requested that this policy return to this committee at the next
meeting.
BP 6.95 - Smoking Policy Administrative Procedures are requested. Local county
ordinances also may need to be posted on the anti-smoking signs. De Anza college has
no problems enforcing this issue. De Anza uses smoking counseling, signage, warning of
ticketing, and their security internally tickets violators. Peralta police services could
enforce disruption of a campus ordinance. There was a suggestion to have a webpage
notice that this is a Non-smoking campus, listing the violation consequences. There was
a request to have this sent to the full Board by the end of October. Board approval is
needed for the colleges’ designated smoking areas.
BP 3.01 - Perks, such as free parking, use of athletic facilities, entrance to sporting events
and District-sponsored conferences, discounted theatre tickets, Laney bistro discount, and
library access, could be added to the policy. There are legal issues about waiving
enrollment fees. An ID pass would be needed. General Counsel Nguyen will interview
some emeritus individuals on this issue. Classified and faculty could be added for the
benefits.
BP 3.02 - An invited speaker is a considered a guest. The period of service should be
limited and identified. The policy should limit fingerprinting to those who are here for a
specified period, such as a semester or a year, or more. The District should pay for the
required testing for volunteers, and make it convenient. There was a suggestion to defer
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Board Policy Review Committee: July 16, 2009 Minutes
this policy to the new Vice Chancellor of Human Resources, and to defer the entire
Chapter 3 until that time, as well.
Chapter 4, Student Personnel Services This committee should suggest what policies the
Board student services committee should review, to then bring back to the policy review
committee.
It was suggested that this committee next review Chapter 5, Educational Services.
The next meeting will be held on Thursday, September 24, 2009 from 2 – 4 pm in the
District Offices, Chancellor’s conference room.
Respectfully submitted,
Roxanne Epstein
466-7203
repstein@peralta.edu
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