Peralta Community College District Planning and Budgeting Council Meeting Minutes December 14, 2012 Present: Mary Beth Benvenutti, Linda Berry, James Blake, Timothy Brice, Sharon Clegg, Pieter de Haan, Jon Drinnon, Matthew Goldstein, Eric Gravenberg, Rick Greenspan, Bob Grill, Jennifer Lenahan, Thuy Nguyen, Mike Orkin, and Tae-Soon Park. Chair/Co-Chair: Ronald Gerhard and Karolyn van Putten Guests: Jim Grivich, Susan Rinne, Debbie Budd, Anita Black, David Betts, Steven Cohen, Denise Richardson, David Reed, Bill Love, and Connie Willis. Facilitator/Recorder: Linda Sanford and Joseph Bielanski Absent: Jenny Lowood and Elnora Webb Agenda Item Discussion Meeting Called to Order I. Agenda Review 10:46 AM II. Review of Minutes: November 30, 2012 III. Policies and Administrative Procedures Minutes: APPROVED as amended Jim Grivich Follow-up Action Agenda: APPROVED BPs and APs are separated into 5 Groups for the approval process: 1. BP 2510 to BP & AP 4210 2. BP 5020 to BP 6750 3. AP 7123 to BP 7335 4. BP 7340 to BP 7381 5. AP 7341 to AP 7380 BP 2510 Participation in Local Decision Making AP 2511 Role of Academic Senates in District and College Governance BP & AP 3540 Sexual and Other Assaults on Campus BP & AP 3600 Auxiliary Organizations BP 3720 Information Technology Use Page 1 of 12 Decisions (Shared Agreement/Resolved or Unresolved?) Peralta Community College District Planning and Budgeting Council Meeting Minutes December 14, 2012 BP & AP 3810 Liability Claims against the District BP & AP 3820 Gifts BP & AP 3910 Environmental Sustainability BP & AP 4210 Student Learning Outcomes BP 5020 Non-Resident Tuition AP 5035 Withholding of Student Records AP 5140 Disabled Students Programs and Services BP & AP 5400 Associated Students Organization BP & AP 5410 Associated Students Elections AP 5420 Associated Student Finance BP & AP 6100 Delegation of Authority for Business BP & AP 6150 Designation of Authorized Signatures BP & AP 6550 Disposal of Property BP 6750 Parking AP 7123 Hiring Procedures for Regular Academic Administrators and Classified Managers AP 7211 Minimum Qualifications and Equivalencies BP 7240 Confidential Employees BP 7250 Academic Administrators BP 7260 Classified Managers BP 7280 Volunteers BP 7310 Nepotism BP 7330 Communicable Disease BP 7335 Health Examinations BP 7340 Leaves BP 7350 Resignations BP 7360 Discipline and Dismissal- Academic Employees BP 7365 Discipline and Dismissal- Classified Employees BP 7370 Political Activity BP 7380 Ethics, Civility and Mutual Respect BP 7381 Cash In-Lieu of a Paid Medical Benefits Option AP 7340 Vacation AP 7341 Personal Illness or Accident Leave Page 2 of 12 Peralta Community College District Planning and Budgeting Council Meeting Minutes December 14, 2012 AP 7342 Leave for Illness of Family Member AP 7343 Bereavement AP 7344 Leave for Required Court Appearance AP 7345 Leaves of Absence without Pay AP 7346 Occupational Disability Leave AP 7347 Sabbatical Leave AP 7349 Catastrophic Leave AP 7380 Ethics, Civility, and Mutual Respect BP 3720 Information Technology Use Following discussion of this policy, an additional phrase was added, “as defined by the administrative procedure.” Motion to add the language, “as defined by the administrative procedure.” APPROVED BP & AP 3910 Environmental Sustainability This is an existing Board policy that is not part of the Community College League of California (“League”) template. The language for AP 3910 was separated from the existing BP. This policy was delayed at the Board level. AP 2511 Role of Academic Senates in District and College Governance This procedure is not in the League template. This AP was prepared by the District Academic Senate. The AP is consistent with a previous BP. BP 4210 Student Learning Outcomes Motion to separate the BP 4210 and AP 4210, for voting purposes. APPROVED Page 3 of 12 Peralta Community College District Planning and Budgeting Council Meeting Minutes December 14, 2012 This was prepared by the District Academic Senate. Motion to approve BP 4210. APPROVED Abstain: 1 (Goldstein) AP 4210 Student Learning Outcomes It was recommended to add the phrase “using a standardization of job description” after the word “Coordinator” under letter E. It was recommended to amend AP 4210 by adding a letter A: “The creation or implementation of student learning outcomes shall in no way abrogate academic freedom.” Motion to not pull AP 4210. APPROVED Motion to approve AP 4210 (as amended). APPROVED Support: 10 Oppose: 4 Abstain: 4 BP 2510 Participation in Local Decision Making The language “as defined by law” was added to the Staff section. And “participation in decision making will not necessarily be limited to the named groups above” was also added to the policy Motion to approve BP 2510, AP 2511, BP & AP 3540, BP & AP 3600, BP 3720 (as amended), BP & AP 3810, BP & AP 3820, BP & AP 3910, BP 4210 and AP 4210 (as amended). APPROVED Page 4 of 12 Peralta Community College District Planning and Budgeting Council Meeting Minutes December 14, 2012 BP 6750 Parking Recommendation to add: “In the event the provisions of this policy and/or the applicable administrative procedure and the provisions of any operative collective bargaining agreement conflict, the collective bargaining agreement shall take precedence.” Motion to approve BP 5020, AP 5035, AP 5140, BP & AP 5400, BP & AP 5410, AP 5420, BP & AP 6100, BP & AP 6150, BP & SP 6550, and BP 6750 (as amended). APPROVED AP 7123 Hiring Procedures for Regular Academic Administrators and Classified Managers HR representative, Director David Betts, was present at the PBC meeting to address any questions related to policies and procedures in Chapter 7. Concern was expressed regarding faculty representation in AP 7123. In the old BP, there was one Senate, one PFT, and one joint representation. It was agreed to maintain the language from the previous procedure. BP 7335 Health Examinations This policy is for the protection of the employee and the District. It was recommended to add the phrase, “In the event the provisions of this policy and/or the applicable administrative procedure and the provisions of any operative collective bargaining agreement conflict, the collective bargaining agreement shall take precedence provided the agreement is in Page 5 of 12 Peralta Community College District Planning and Budgeting Council Meeting Minutes December 14, 2012 accordance with Federal Health and Welfare Regulations.” Note: numbering issue on the upper right hand corner of BP 7260 should be BP 7310 Nepotism and BP 7260 should be BP 7330 Communicable Disease. The titles are correct. It was recommended to add collective bargaining language into BP 7310, whenever there is mention of the possibility of reassignment. Motion to approve AP 7211, BP 7240, BP 7250, BP 7260, BP 7280, BP 7310 (as amended), BP 7330, BP 7335 (as amended). APPROVED. AP 7123 Hiring Procedures for Regular Academic Administrators and Classified Managers APPROVED (as amended to keep the previous language regarding faculty appointments) Support: 7 Oppose: 6 Abstain: 3 There will be a separate memo to the Chancellor on this AP. A proposal was made to change “Blacks” to “African/African American” under I.B.2. Motion to approve AP 7123 (as amended). APPROVED Abstain: 3 Page 6 of 12 Peralta Community College District Planning and Budgeting Council Meeting Minutes December 14, 2012 BP 7340 Leaves Recommended to add Federal FMLA for pregnancy leave. BP 7350 Resignation This is standard CCLC template language. BP 7360 Discipline and Dismissal Academic and BP 7365 Discipline and Dismissal – Classified Employees It was recommended to add the collective bargaining clause: “In the event the provisions of this policy and/or the applicable administrative procedure and the provisions of any operative collective bargaining agreement conflict, the collective bargaining agreement shall take precedence provided the agreement is in accordance with Federal Health and Welfare Regulations.” BP 7370 Political Activity Recommendation to add the collective bargaining clause: “In the event the provisions of this policy and/or the applicable administrative procedure and the provisions of any operative collective bargaining agreement conflict, the collective bargaining agreement shall take precedence” and the phrase “exercising free speech rights.” BP 7380 Ethics, Civility, and Mutual Respect Mr. Grivich took two previous BPs and combined them. This is not in the League template. BP 7381Cash In-Lieu of a Paid Medical Benefits Option This policy was copied from a previous BP. The sentence, “In the event the provisions of this policy and/or the applicable Page 7 of 12 Peralta Community College District Planning and Budgeting Council Meeting Minutes December 14, 2012 administrative procedure and the provisions of any operative collective bargaining agreement conflict, the collective bargaining agreement shall take precedence provided the agreement is in accordance with Federal Health and Welfare Regulations.” -- was added. Note: numbering issue on BP 7340 Leaves, the header says 7350. BP 7365 Discipline and Dismissal Mr. Grivich to include the sentence: “In the event the provisions of this policy and/or the applicable administrative procedure and the provisions of any operative collective bargaining agreement conflict, the collective bargaining agreement shall take precedence.” BP 7380 Ethics, Civility and Mutual Respect The following change was made: “Behaviors that affect unduly interfere with…” Move to approve BP 7340 (as amended), BP 7350, BP 7360, BP 7365, BP 7370 (as amended), BP 7380 (as amended), and BP 7381. APPROVED. AP 7380 Ethics, Civility, and Mutual Respect This procedure is required. It was recommended to include the collective bargaining clause under section C. AP 7340 Vacation Section 1.A: “A probationary employee leaving the District before attaining permanent status will not be pair for vacation time accrued.” The word “pair” should be replaced with the word “paid”. Page 8 of 12 Peralta Community College District Planning and Budgeting Council Meeting Minutes December 14, 2012 AP 7380 Ethics, Civility, and Mutual Respect The collective bargaining clause should be added under section C. Replace “emotionally violent” with “emotionally abusive” in section A. Motion to approve AP 7340, AP 7341, AP 7342, AP 7343, AP 7344, AP 7345, AP 7346, AP 7347, AP 7349, and AP 7380 (as amended). APPROVED As part of the policies cleanup (review), the following BPs are recommended to be removed: BP 1.09, BP 1.15, BP 1.16, BP 1.18, BP 1.18b, BP 3.10, BP 3.20, BP 3.21, BP 3.23, BP 3.24, BP 3.30, BP 3.30b, BP 3.31, BP 4.01, BP 4.02, BP 4.03, BP 4.16, BP 4.18, BP 4.37, BP 4.38, BP 4.39, BP 4.46, BP 4.80, BP 5.36, BP 5.40, BP 5.60, BP 5.61, BP 5.62, BP 5.63, BP 6.04, BP 6.13, BP 6.15, BP 6.62, BP 6.63. Move to approve. APPROVED. Mr. Grivich hopes the PBC will continue to bring BPs/APs forward on a regular basis. IV. Budget Update 2012-13 Final Budget Assumptions Ron Gerhard Within AP 6200 Budget Management, we have a budget calendar which includes fundamental underlying budget assumptions. Based upon our discussions at the November meeting, the PBC made certain modifications and changes to the budget assumptions. Those changes mainly dealt with the current year (2012/13) and have a carryover effect in fiscal year 2013/14. Track changes are located on the last page. Page 9 of 12 Peralta Community College District Planning and Budgeting Council Meeting Minutes December 14, 2012 The Governor is set to release his preliminary budget for the next fiscal year between January 10th and15th. VC Gerhard will be going to the next State budget workshop in January. At the next meeting, we will look at this document and incorporate changes. The 15% cut in discretionary budgets have been restored for next fiscal year. It has not been restored for this fiscal year. As part of the discussion -- how many additional dollars will we need to put into the 1351 budgets to fund additional sections for generating 700 FTES? With the remaining money after augmenting 1351, where are we on priorities? Within the colleges’ budget, 1351 dollars have been added. V. Draft BAM Language Ron Gerhard Measure B parcel tax Changes are in red. Motion to adopt the revised Measure B parcel tax distribution language into the Budget Allocation Model. APPROVED Lottery Funds How are lottery monies divided and how much is there? There are two pots of lottery monies: 1. $117/FTES in an unrestricted pot that goes into the same pot of money as student fees and State general apportionment. It is divided to the colleges according to the BAM. 2. Approximately $20/FTES in a restricted pot. It is considered Proposition 20 money. This restricted pot of money can only be used for designated purposes: library, periodicals, subscriptions, instructional materials and supplies. Page 10 of 12 Peralta Community College District Planning and Budgeting Council Meeting Minutes December 14, 2012 Both pots are distributed based on FTES. There was much discussion about the concern expressed regarding the $160,000 going to the libraries. It was suggested that the PBC should reverse the decision. We should continue for this year, but change the process and funding source for next year. It was noted that the funding of libraries is an accreditation requirement. It was also stated that no matter what size the colleges are, they still need to pay the $40,000 for databases. There was confusion at the colleges regarding the amount of lottery money allocated each year. In the past, the Finance Department did not make clear how much the colleges were to receive. It was suggested that we keep it at $40,000 per college for the cost of the library database and to include a “cushion” for price increases. Motion to modify the budget assumptions for 2013/14. Under the expenditure assumptions, add #22 to incorporate a line item for restricted funding for library periodicals and subscriptions and databases, and replace the previous line item used for restricted lottery money. APPROVED Page 11 of 12 VI. Recommendations from PBIM Committees Karolyn van Putten Peralta Community College District Planning and Budgeting Council Meeting Minutes December 14, 2012 Dr. van Putten, who is the DTC Facilitator, presented revised multi-year IT expenditure planning language for the BAM Move to endorse the revised BAM language for multi-year IT expenditure planning recommendation from the DTC. APPROVED VII. Student Service Priorities Adjournment: Next meeting: 1:51pm January 25, 2013, 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 12 of 12