MTSA Meeting Minutes (10/31/2011)
This was an unofficial MTSA meeting, no voting required. Just information provided to MTSA staff.
1. At last board meeting, the board voted 5-0 that they have confidence in the president. But they
requested an investigation to examine the behavior of President Jenkins and alleged policy
violations. Hugo reviewed the Resolution Statement that was read by Member Rick Gibson at
the board meeting.
2. On 10/24, the constituency presidents met with Jim Kimsey to discuss the investigation process.
Concerned were shared with Jim Kimsey. The meeting was recorded, transcripts are not ready
as of yet.
3. Some concerns/questions/feedback shared by MTSA president:
a. Can people bring officers to the interviews with Jim Kimsey?
i. Yes. The MTSA officers feel strongly about this so that there are more witnesses
on your behalf.
b. Conflict of interest with attorney Mike Beers. He is part of our allegations
(procurement).
i. Mr. Beers is not participating in the investigation at this time due to our
concerns.
c. Allegations that are not anonymous, Jim will contact you for discussion.
d. We can come to Hugo directly to log complaints and issues, or go directly to Jim. But it
is recommended to see Hugo as he can record and make sure you are heard.
e. Recommended that you participate if you have issues. We must be heard and now is
your chance. If you don’t participate, the board might think there are no problems.
f. Outside sources will also be interviewed and that process has begun.
g. There are retaliation protections in place. Within CAC, but also legal protections too.
h. All information regarding the investigation goes from Jim Kimsey directly to the board.
Information will NOT be sent to the president.
i. How can we ensure that Jim Kimsey will conduct with integrity?
i. He has years of experience in this area. It is in his best interest to stay apart
from the president. He might have to defend his actions in court, so integrity is
important.
j. Staff feel that the attorney cannot provide counsel to president, college and board – he
should choose one.
k. As VP of HR, Jim Kimsey may have witnessed the president’s actions. How will that be
handled?
i. Outside HR sources will handle areas where Jim might have witnessed.
l. Reports of illegal activity will go to the board.
m. How about administrative leave?
i. This was discussed with the board president (Gladys Christensen) and the
constituency presidents. No update on this topic.
4.
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n. Jim Kimsey will NOT limit the investigation to Mr. Jenkins presidential time only as
stated in the board resolution. He needs to establish patterns of behavior, so items in
the past will be investigated.
o. Other claims of violations that are not part of the president’s investigation will go to TJ
Ferrer in HR.
Group discussion
a. Most are concerned about the use of the attorney. As stated before, this was brought
up by constituency presidents. Will discuss with Jim at our meeting.
b. Can we remove the CAC attorney and get an outside attorney? Will discuss with Jim.
c. Are we operating without a Chief Academic Officer? Doris Helmich is the interim.
d. Can we ask leadership to reconsider using Doris in this role? Due to academic
qualifications and concerns. And why not consider someone from the academic side for
this role?
e. Many are concerned about the lack of a neutral party for the investigation. Will discuss
with Jim.
f. Recommendation to ask for a board review due to how they are handling things
themselves. Questions if they are qualified. This would require a recall as they are
elected.
g. Can we go to the Higher Learning Commission for assistance? Won’t be much help as
they want us to self govern (Sylvia Gibson).
h. Students are afraid of accreditation issues. Who will address this issue with them? No
decision.
i. Why was the president part of the executive board meeting the entire time? We’ll
never know. This session is closed and minutes aren’t passed out. Maybe this can be
opened in a court of law, not sure.
Committees – Hugo is sending names to the president on Tuesday, 11/1. Keep in mind that the
president may move around names or add more based on need.
By-Laws – Put on hold due to the investigation work.
Final Discussion
a. Cherrie Evans – Nursing review going on now. State agency is concerned about the
investigation (Dr. Pearl), should this be brought up to Jim Kimsey?
i. Ask Jim Kimsey what protocol was used for the evaluation of Dr. Pearl. Was
protocol followed?
ii. Recommended that Dean Julian Easter share concerns regarding Nursing
evaluation to the board.
Follow Up meeting will be Friday to meet with Jim. This is your opportunity to discuss
investigation procedures and issues with Jim directly. We will be sending out the meeting notice
with locations shortly.
Meeting adjourned.