CALL TO ORDER Chair Jan Keith Farmer called the meeting to order at 7 p.m.
ROLL CALL
Members Present: Robert Bovee, Jan Keith Farmer, Sally Galer, Carole Kuehn, Roy Spangler, Patricia Webb,
Members Absent: Arlene Wilder
Others Present: Stacey Barnes, Joanne Bennett, Scott Bennett, Jerry Boerema, Gary Carton, Shirley Carton, Tony Coln, Brenda Dawe, Walter Dawe, Emerson Deforest, Pam Deforest, Rick Dent, Glen Donahue, Alexander Dorofeev, Paul Durbin, Jim Enger, Roy and Ruth Elie, Carol Finke, Detmar Finke, Maxwell Garnett, Keith Gave, Fred Giacobazzi, Jerry Gonawicha, Doug Hinkle, Mary Hinkle, Jeremy Jones, Lois Jones, Sandra Jones, Kathy Koch, Ed Koliba, Norman Kuehn, Doty Latuszek, Jean Lawrence, Susie Lewis, Jackie Liddle, Martha Marcero, Kathy Marsh, Joe Meadows, Anne Meeks, Rick Meeks, Katherine Nemeth, Jerry Nunn,, Charles Rorie, Tim Scherer, Glen Schicker, Dale Shantz, Carol Silverman, Richard Silverman, Ilene St. Onge, John Thiel, Jon Thompson, Jerry Werle, Roberta Werle
WELCOME
Members and guests were welcomed by Chair Jan Farmer.
APPROVAL OF MINUTES
Minutes of the October 26, 2003 board retreat were approved with a motion from Sally Galer, supported by Carole Kuehn. Minutes from the December 18, 2003 regular board meeting were presented and approved with a motion from Roy Spangler, supported by Sally Galer.
COMMUNICATIONS
Charles Rorie, President, explained that an early March deadline for printing tuition and fees in the summer/fall college class schedule, requires that the board approve rates earlier than the regular board meeting in March. He requested the next board of trustees meeting to be moved to March 11. The change in meeting date to March 11, 2004 was agreed to by general consensus.
Rorie announced the following calendar dates for board members to mark on their calendars: The COOR Area Superintendents’ Joint Boards’ meeting is Monday, April 26, 2004 at Roscommon High School beginning at 6 p.m. The 2004 Commencement is Friday, May 7 at 7 p.m. The Michigan Community College Association (MCCA) Summer Workshop in Traverse City is July 22-24, 2004.
Rorie informed the board that he has been selected to receive the Shirley B. Gordon Award of Distinction among community college presidents. He will be presented the award at the Phi Theta Kappa International Convention in Minneapolis, Minnesota on April 2, 2004.
Jan Farmer shared some thank you letters from district school children expressing their appreciation for the Kirtland Youth Theatre events.
QUARTERLY FINANCIAL REPORT
Edmund Koliba, Chief Business and Finance Officer, presented the financial report for the period ending December 2003 with comparative figures at December 31, 2002.
BUSINESS FOR BOARD ACTION
1. Resolution to approve adopt Academic Quality Improvement Program (AQIP)
for accreditation
The following preamble and resolution were offered by Trustee Carole Kuehn and supported by Trustee Robert Bovee :
WHEREAS
The Kirtland Community College Board of Trustees understand and support the intentions of the Kirtland faculty staff and administrators to follow the Higher Learning Commission, North Central Accreditation’s process for accreditation.
NOW, THEREFORE, BE IT RESOLVED THAT
The Kirtland Community College Board of Trustees approves the submission of the “Participation Application” to Higher Learning Commission, North Central Accreditation.
Vote: Ayes,
six Nays, zero Abstain, zero Absent, zero one Resolution
declared adopted.
2. Resolution to Approve Retirement of Leonard Miller, Instructor, Manufacturing Processing Technology
The following preamble and resolution were offered by Trustee Sally Galer and supported by Trustee Carole Kuehn:
WHEREAS
Leonard Miller, Instructor, Manufacturing Processing Technology, at Kirtland Community College, has submitted a letter indicating his plans to retire from the college June 30, 2004.
NOW, THEREFORE, BE IT RESOLVED THAT
The Kirtland Community College Board of Trustees hereby move to approve the retirement of Leonard Miller.
Vote: Ayes,
six Nays, zero Abstain, zero Absent, zero one Resolution
declared adopted.
3. Resolution to Approve Pol 5.425 Grievance Policy Revision
Charles Rorie pointed out that the policy reads five “working” days for filing. The correction was noted and
the following preamble and resolution were offered by Trustee Carole Kuehn and supported by Trustee Sally Galer:
WHEREAS
1. On December 18, 2003, revisions to POL 5.425 Grievance Policy were presented to the Kirtland Community College Board of Trustees for a first reading.
2. The Kirtland Community College Board of Trustees has been presented the proposed revisions to POL 5.425 Grievance Policy as a second reading at this meeting,
NOW, THEREFORE, BE IT RESOLVED THAT
The proposed revisions to POL 5.425 Grievance Policy be approved.
Vote: Ayes, six Nays, zero Abstain,
zero Absent, zero one Resolution declared
adopted.
4. Resolution to Move POL 2.260 - HIPAA Policy to Second Reading
The following preamble and resolution were offered by Trustee Sally Galer and supported by Trustee Patricia Webb:
WHEREAS
The Kirtland Community College Board of Trustees has been presented the proposed POL 2.260 - HIPAA Policy as a first reading at this meeting,
NOW, THEREFORE, BE IT RESOLVED THAT
This proposed POL 2.260 - HIPAA Policy be moved to a second reading at the next scheduled meeting.
Vote: Ayes,
six Nays, zero Abstain, zero Absent, zero one Resolution
declared adopted.
5. Resolution to Move POL 2.265 - Policy Declaring HIPAA Hybrid Entity Status to Second Reading
The following preamble and resolution were offered by Trustee Sally Galer and supported by Trustee Robert Bovee:
WHEREAS
The Kirtland Community College Board of Trustees has been presented the proposed POL 2.265 - Policy Declaring HIPAA Hybrid Entity Status as a first reading at this meeting,
NOW, THEREFORE, BE IT RESOLVED THAT
This proposed POL 2.265 - Policy Declaring HIPAA Hybrid Entity Status be moved to a second reading at the next scheduled meeting.
Vote:
Ayes, six Nays, zero Abstain, zero Absent, zero one Resolution
declared adopted.
REPORTS FOR BOARD INFORMATION
6. Hiring Process update
Dale Shantz, Director of Human Resources, explained that in response to staff concerns and to comply with the requirement that this information be made available in the event of state audits and program reviews, the Hiring Process guidelines have been updated and revised. A copy was presented for information purposes.
1. Faculty List
Kathy Marsh, Dean of Instruction, presented the faculty list for the winter 2004 semester.
2. Average Class Size report
Kathy Marsh shared a report complied annually to look at and measure efficiency os sections offered, canceled, net number of sections offered and average class size comparison for winter 1998 through Winter 2004. The average class size has gone from 13.2 in Winter 1998 to 17.1 in Winter 2004.
3. Enrollment
Stacey Barnes, Dean of Student Services, provided a student profile census date comparison of winter 2004 to winter 2003. Headcount is at 1,803 which is an increase of 3.9 percent from last year; credit hours are 15,620 which is a 4.8 percent increase. The largest age distribution increase was in the 40 to 59 year-old age group, of 14.5 percent. Students from Ogemaw county increased by 10 percent. Students from out-of-district increased by 12.5 percent which includes M-TEC at Gaylord. Programs showing the largest increases were Art and Health Occupations. She noted that the Graphic Arts program went from five students last winter to 22 this winter, a significant increase. Credit hour load increases show that students are taking more credits. She noted that dual enrollment had a significant increase attributed to M-TEC enrollment. Online course enrollment continues to climb. Almost 40 percent of students enrolled using the campus web registration method.
4. M-TEC update
Katherine Nemeth, Provost, distributed a packet containing the agenda of the Feb 12 governing advisory board meeting and minutes from the November 15 meeting. She reported that enrollment is growing and by next board meeting they expect to provide enrollment reports that mirror the student profile comparison related to M-TEC. At this point in time, the credit hours are over 1,000 and headcount is over 100 students. She said a report will be going out to the community providing data on the first year of operation such as enrollment; how many people they actually served; how many training hours; a list of businesses and industry in the area who used the M-TEC for training; and a thank you for community support. She informed everyone that twenty-five Ogemaw Heights students completed a tour of the facility which was well received by those students. An entire historical perspective has been compiled between the building of M-TEC and the partnerships with the University Center and the County of Otsego. It contains major contracts, bylaws, board resolutions and activities from the day we were asked to come into Otsego County for the purpose of building and operating the M-TEC. It will be available for each governing board member and will be archived at Kirtland’s library.
5. Athletic program review
Richard Silverman, Vice President for Research and Program Evaluation, provided a review of the athletic program’s mission, vision, goals and results for the program to date plus new goals set for 2004/05. Grade point averages (GPA) of athletes exceed campus-wide GPA by an average of .20. Absenteeism and incomplete grades for student athletes is a concern that continues to be addressed. The retention rate of student athletes is 56 percent compared to the general population rate of 40 percent. Over the past three years, 62 athletes have attended Kirtland who would not have if we did not have an athletic program. Athletes account for approximately 3.5 percent of the total out-of-district credit hours. Attendance at home games is estimated at 2,800 people annually. There have been 751 instances of athletic coverage in the newspapers, radio and television. Kirtland coaches have made over 150 recruiting visits to high schools around the state. Booster club activity has brought in an average of $1,300 per year. College involvement has grown to include a pep band, student senate, cheerleaders, faculty and staff. Kirtland has hosted community basketball tournaments bring approximately 1,800 people to campus, and Coach Donahue has held one-week basketball camps each of the last three summers. The teams have been competitive within the Michigan Community College Athletic Association (MCCAA).
Goals and plans for 2004-05 are to make the women’s basketball program more competitive, improve the men’s basketball record so that they finish in the top five of the MCCAA Eastern Conference, improve the records of the cross-country and golf teams, increase the retention rate and GPA of student athletes and reduce absences from class. To ensure the future stability of the program, the goal is to move toward a more equitable wage for coaches. Other goals and plans are to provide more social activities and support to all students, especially those living on campus, continue to work on the feasibility of an on-campus physical education facility, sponsor our own spring basketball tournament, increase the number of credit hours covered by athletic scholarships, begin selecting the fifth sport required to remain in the MCCAA conference, find ways of increasing booster membership and donations, and promote more student attendance at athletic events.
OPEN DISCUSSION
6. Board Response to Public Concerns
Jan Farmer provided a written response to the questions brought up at the last board meeting. He read aloud the following letter of response to the Kirtland Federation of Teachers:
At the December 2003 meeting of the Board of Trustees of Kirtland Community College, the Kirtland Federation of Teachers presented to this Board a written set of concerns for consideration and requested a written response in return. Additionally, several direct questions were presented to the Board during open discussion by Fred Giacobazzi, faculty members and Roberta Werle, student and citizen of the district. At the end of the meeting, I indicated that the faculty request and presenter's concerns would be addressed no later than the next Board meeting. This communication provides that promised response.
First, the Board wishes to specifically note that the decision of the President of the college to reassign Richard Silverman to the new position of Vice President for Evaluation and Program Review is supported by the Board. The concerns of why this was done and how it was done are separate issues that I shall address later. Personally I believe that participatory management is the best way to make decisions and should be practiced in most situations, but sometimes a leader must make a decision unpopular with one of the constituencies he serves. I know, from my conversations with Dr. Rorie that, for him, this type of action is a very extraordinary event. Indeed, he indicated that this is the first time in his administrative career that he has deemed it necessary. I also know that Dr. Rorie values Richard Silverman's experience and expertise and is sincerely committed to working with him in the future.
With regard to faculty concerns, please be assured that the Board will be sensitive in the future to the need for administrative communication and "consultation with faculty regarding instructional issues that directly affect teachers." We recognize that faculty input into decisions to be made at the administrative level is valuable and desirable. As community servants we will monitor this issue and hope that existing and new procedures meant to improve communication and involvement will grow a sense of trust and empowerment.
Concerning program review, the instructional administration of the college is currently working to refine, establish, and implement the process to examine the health and viability of current programs. Indeed, Vice President Silverman is specifically charged with this responsibility, and faculty members will have a major part in the defining and weighing of the data elements appropriate for consideration for each program. The Board has been assured that advance notice of the schedule of such evaluations will be communicated to potentially impacted faculty in a timely manner.
While discussing the concern about the "lack of faculty input in decisions made at the administrative level" with the College Administrative Team (CAT) I was assured that faculty was represented on all standing committees, all departments were represented at the monthly Instructional Council (IC) meetings, and that the Target Specific Bargaining (TSB) team would more actively seek concerns. Yet I can still sense the faculty concern about not being represented at the table during the CAT meetings. First I would like to say that faculty's role is and should be advisory and not governance. But more importantly I would like to point out that the college is entering a new era in communication and power sharing. The Academic Quality Improvement Process has led the Kirtland family to "provocative proposals" that seem to be driving decision making processes that are more representative, more transparent, and, I believe, more harmonious. I say "seems to be" because we are stepping onto new ground. These broad based teams will define a new path that expands the involvement, responsibilities, and leadership of all staff. Dr. Rorie is genuine in his commitment and knows that people who take on leadership roles need support and encouragement, not controls and barriers.
"What did the board do and when did they do it?" During the past year Charles has updated the Board or me on several occasions with concerns about Richard’s behavior in a very composed fashion. For example he would report that "I have continued to be concerned with Richards actions" or later he might say that, "we have discussed concerns and Richard has been showing improvement." I can only assume that Richard was well aware of these concerns. At the October Retreat Charles informed the Board that difficulties with Richard have continued and he deemed it now necessary to reassign Richard. There was some discussion about ramifications but never a concern that this was not within his authority. I think I can speak for most of the Board when I say we were severely disappointed that this action was deemed necessary by the President.
The way the reassignment was carried out was extraordinary to be sure. Charles informed the Board that he planned to proceed with the reassignment the next week. There were no objections raised, and he proceeded to make the changes described. In talking with Richard afterward I gather that this was the most offensive part of the reassignment. "Why did the President not follow established protocols of 'progressive discipline' with Dean Silverman, as has been a customary matter of due process at the college?" The closest advisors to the President of the College, the Presidents Cabinet if you will, serve at the will of the President. There is no due process. Yet throughout this time period Charles had recognized the fairness of time-honored progressive discipline. Apparently those progressive efforts proved ineffective. The Board has granted the President the authority to select and dismiss his own cabinet, which includes the College Administrative Team, and this he did.With regard to the issue of minutes for the October meeting, the Board and Administration were indeed remiss. Minutes should have been taken and would have made much of this disclosure unnecessary. With advice from our attorney we recorded the events as best we could recollect and will amend our procedures in the future. The reality is that there was little discussion at this meeting. Information was presented to the Board and no actions were taken. As I said, I think the Board was surprised by the reassignment announcement but not unaware of the ongoing problems. Additionally, Dr. Rorie's selection of Kathy Marsh for Dean of Instruction was viewed positively.
Mr. Giacobazzi wanted to know why we did not officially respond to letters and emails regarding this matter and all I can say is that I am not aware of any letter officially addressed to the Board. I personally have received scores of emails about the reassignment and replied to but one. I have received two letters personally and assumed they were for my edification, and to perhaps sway my opinion; this is not unusual.
In closing let me repeat: Richard is still here, he still has power and authority, and his wisdom and experience is still needed and sincerely desired by the President. Richard's voice will continue to be heard. As the AQIP process progresses and we create new opportunities I hope we view this experience as opening a new era of better communication and trust.
1. Reorganization and Arrangement of Agenda
Roberta Werle thanked Jan Farmer for putting his comments in writing. She noted that the response was rather comprehensive and that once she has the opportunity to review the response in detail, she might be back with more questions or comments at the next meeting.
She spoke to the arrangement of the board agenda and proposed that the board might want to have the public portion for comments, open discussion, at the beginning of the meeting. As it stands now, actions have already been taken by the time the public has an opportunity to comment. If the board is truly concerned about opening lines of communication, that might be one step they could take to help do that.
2. Concerns for Kirtland’s Due Process and Suspensions
Doug Hinkle, father of a student athlete recently suspended for the semester for a drinking incident on campus, addressed the board by providing some research on drinking incidents that have happened on other campuses in the U.S. and how they are handled. It is rare that students are suspended for a first offense. He stated that drinking is a serious problem that must be addressed.
He read a letter from Tom and Denise Kemp expressing deep concern about the fairness of their daughter’s experience with due process at Kirtland. The code stated that “Violations of the student code of conduct are subject to disciplinary action and will be given “immediate” attention by the college...” The infraction occurred on December 31, 2003, was reported to administrators and coaches on January 2. She was suspended from playing basketball on January 3 and consecutive games after that. The lack of a continued immediate response on disciplinary action is unfair due to the fact that she could have gone to another institution to get the credits needed to graduate this spring. Lack of attention and a deliberate attempt to make a point against misbehavior on College Drive goes against past practice in order to set up for future control. They feel that the full semester suspension is a punishment that does not fit the crime, especially compared to past punishments for the same infraction.
Mr. Hinkle went on to comment on the information he distributed about alcohol offenses on college campuses. Michigan State has as a first offense of $100, second offense $200, third offense $400 and fourth offense could be ruled for expulsion. He said Kirtland’s penalty is very harsh considering the cost of replacing his daughter’s educations as follows: 18 credits at $58.40 per credit, books of over $300, loss of insurance coverage that he has to carry on her at $191 per month because she will have to be out of school for more than six months, the loss of her scholarship, all comes to $4,500. A pretty stiff penalty for a first time offense of drinking.
He described the incident, providing a different perspective on the pranking activity among the men and women as opposed to illegal activity. He said he did not feel the handling of the incident was right.
3. Dismantling of the College; Basis for Decision-making; Responsibility to the Community
Carol Finke, Federation President, addressed the board saying that the board’s response had so many omissions in it such as the whispering campaign that she chose to read her the following: Five members of this board of trustees were present at Conversation Day last month and took part in the discussions about the current state of Kirtland and the direction in which the college should be moving. If they were listening, when the “provocative propositions” were read out, they would have heard the work “trust” said seventeen different times. Trust, or lack of it, and communication, or lack of it, were overwhelmingly on the minds of the faculty and staff involved in Conversation Day.
In its own policy statement, the Kirtland board says the college needs “mutual understanding” among the board, administrators, faculty, personnel an citizens and that “free and open exchange of views is desirable, proper and necessary.”
And the Association of Community College Trustees says that one of a board’s primary responsibilities is to “create a positive climate” and further states that boards do so “when they look to the future, act with integrity, support risk-taking and challenge the CEO and staff to strive for excellence.”
Yet this board has repeatedly said that it does not want to “micro-manage,” that their role is simply “to hire and support” the president, that “a lot of the questions are not for the board to answer.”
Meanwhile, the new dean of instruction has acknowledged to at least one instructor that members of the CAT team, herself included, have allowed their feelings about Vice President Silverman to color their judgments of programs that he was associated with. Many of us have heard the term “Richard’s pet projects” said with a measure of contempt on our campus. So, while this board keeps its hands off in order to avoid micro-managing (whatever that is), people associated with many of the programs that make this a comprehensive community college, a college that really can live up to its mission of “improving the quality of life in the college district,” worry about the future of their programs and the services they provide to our students. Already there apparently may be no money for Honors scholarships for the summer semester; there is a discussion as to whether global awareness is worth pursuing now that Tanya Puchkova has left the college. Our digital video program, a field considered cutting edge and heavily promoted at a number of schools, has vanished. The developmental program, the writing center and the HOWL, the Young Writers seminar, Richard’s “pet projects.” If the board continues its hands-off approach, its members may find themselves presiding over the dismantling of all the things that made this college special and make it so valuable in the community.
Had people decided to scrutinize and eliminate Vice President Silverman’s “pet projects” in the past, a time unfortunately before the memory of any of the current instructional administrators, we might have lost the criminal justice program, to name just one of the projects that would not have taken off without his considerable commitment, hard work and enthusiastic support.
Indeed, I cannot think of one thing of real lasting value at this college that Vice President Silverman did not have a hand in creating. If this board can be proud of the college it is supposed to serve, that is because of Richard Silverman’s hard work and vision. Now the college has been placed in the hands of bureaucrats who cannot make a decision or an ethical judgment without a policy manual to follow and who are making professional decisions, decisions that affect our students, for heaven’s sake, based on personal feelings. And yet this board does not want to micro-manage. This board thinks that questions about the administration’s recent, and current, behavior are not theirs to answer. This board, despite its written policy of “free and open exchange,” has ignored countless letters and emails from members of the college community.
Apparently this board did not really want to listen on Conversation Day. Apparently this board has not wanted to hear the people of the community who have come to these meetings. That is certainly the board’s choice to make. But then it must be prepared to hear the people’s voices at the ballot box.
She pointed out that she is speaking for herself here.
4. Open Discussion
Jan Farmer opened the floor for comments. Sasha Dorofeev said the board did not answer the questions addressed at the November meeting. Jeremy Jones referred to the misbehavior brought up in the response letter, the whispering campaign, and the claims that some board members have said that they know something that they cannot tell. The implication is that Richard Silverman is a liar and/or has stolen from the college. The initiator of these rumors needs to be dealt with. Anne Meeks asked about the self-appointed cabinet and the autonomy of decision-making, and expressed that it should be a concern not only to employees but to the community.
EXECUTIVE SESSION
A resolution to move to executive session for the purpose consideration of attorney-client privileged communication was offered by Patricia Webb, supported by Carole Kuehn at 8:53 p.m.
ADJOURNMENT
With no further business to come before the board, Chair Jan Keith Farmer declared the meeting adjourned at 9:37 p.m.
Respectfully submitted,
Kathy Koch
Recording Secretary