MINUTES Regular Meeting - Board of Trustees November

4, 2013

In accordance with the terms and provisions of the Texas Open Meetings Act, Chapter 551 of Texas Government Code, the Board of Trustees of the Austin Community College District convened in public session on Monday, November 4, 2013, at 6:00 p.m. in the Board Room (201) of the Highland Business Center of Austin Community College District located at 5930 Middle Fiskville Road, Austin, Texas with the following members present: Mr. Jeffrey Richard, Chair/Presiding Officer; Dr. Vic Villarreal, Vice Chair; Ms. Guadalupe Sosa, Board Secretary (arrived at 6:08 p.m.); Mr. John-Michael Cortez (arrived at 6:29 p.m.) ; Dr. Betty Hwang; Mr. Allen Kaplan; Mr. Tim Mahoney; and Ms. Nan McRaven (arrived at 6:12 p.m.). Dr Barbara Mink was absent. It is further found and determined that in accordance with the policies and orders of this Board, the notice of this meeting has been posted and return thereof made pursuant to the terms and provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, and there has been full compliance with the terms and provisions of said act, including the timely posting of the subjects of this meeting.

Recognitions and Achievements There were no recognitions and achievements. Citizen's Communication The following individuals addressed the ACC Board of Trustees: • Mr. Andy Martinez, Business and Civic Advocate in the Greater Austin Area/Co-Chair, Austin Community College District Bond Advisory Committee, spoke about ACC's participation in a Disparity Study. Mr. Martinez stated that participation in a Disparity Study was one of the discussion topics relating to the Bond proposal submitted to the Board from the ACC District Bond Advisory Committee. Mr. Martinez encouraged the Board to move forward to participate in the study. •

Ms. Cloteal Haynes, Austin Black Contractors Association, spoke about ACC's HUB Program and encouraged the Board to approve ACC's participation in the City of Austin's Disparity Study.

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Mr. Tom Cisneros III, US Hispanic Contractors Association, spoke in support of Austin

Community College District participating in the Disparity Study and urged the Board of Trustees to vote in favor of ACC's participation. •

Mr. Marshall Bennett, President, ACC/American Federation of Teachers (AFT) Local, distributed and discussed the article from the Texas AFT Legislative Hotline, Thursday, October 31, 2013, "Outcomes-Based" Funding-NCLB for Higher Education" and disinvestments. Mr. Bennett spoke also about the Academic Master Plan process and the Disparity Study.

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Dr. David Albert- Vice President for Faculty, ACC/AFT, yielded his time to Mr. Bennett. Dr. Albert did not address the Board.

Reports from Associations • Adjunct Faculty Association - Dr. Richard Cutler, President, spoke briefly about the process for managing complaints/concerns. Dr. Cutler invited the Board Members to the AF A General Membership Meeting on Friday, November 22,5:00-7:00 p.m., HBC, #201. Dr. Cutler shared that Panelist have been invited to speak about the Affordable Care Act. •

Classified Employees Association - Ms. Gloria Dove-Owens, President, spoke about the association's participation in the Success Equity Summit and Cultural Competence Work Group. Ms. Dove-Owens expressed appreciation to Dr. Samuel Echevarria-Cruz for speaking at the October Classified meeting in recognition of Hispanic Heritage Month.

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Full- Time Faculty Senate - No report.

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Association of Professionals-Technical Employees - Mr. Daniel Ohanlon, President, spoke about the Provost Search Committee; Benefit Changes (re: Educational Advancement and Wellness Programs); the Disparity Study; and Employee Success Initiative-Employee Retention and Recruitment.

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Student Government Association - Mr. Javier Villegas, Vice President, spoke in the absence of Mr. Jon-Paul LaTier, SGA President. Mr. Villegas stated that SGA is pleased to be working with Dr. Kathleen Christensen to address issues affecting the SGA. An update on their progress will be shared with the Board at the next meeting. Mr. Villegas invited Board Members, Dr. Rhodes, and the President's Leadership Team to the SGA End of Semester Banquet on November 22 at the Estancia Churrascaria Brazillian Steakhouse. Mr. Villegas stated that the SGA is requesting the Board's consideration to schedule an agenda item to provide a formal statement about the status, role and participation of SGA at ACe. Mr. Villegas read from the Preamble of the SGA Constitution regarding the request.

[Trustee Nan McRaven left the dais at 6:19 p.m.; and returned to the dais at 6:31 p.m.]

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President's Administrative Report - Dr. Richard M. Rhodes, President/CEO, spoke about the following events and activities that the College had participated in: o 2013 Kresge Foundation Student Success Institute: Men of Color in Community Colleges o League for Innovation STEM Tech Conference o UT Continuing Education Quest Program (Dr. Rhodes was a Speaker.) o Hosted the Student Success Counsel (Thanks to Trustee Nan McRaven for her participation. ) o Carnegie Foundation's Unit Project o Hosted the first Student Success Equity Summit (Special thanks to Dr. Stephanie Hawley, Cultural Competence Workgroup and SSI Goal Team 5 for hosting.) o Hosted Annual Conference of the Two Year College English Association, Southwest (Special thanks to Dr. David Lydic.)

Reports to the Board Financial Report for September 2013 - The Financial Report was provided to the Board. Mr. Jeffrey Richard, Chair, introduced the item. Mr. Neil Vickers, Vice President, Finance and Budget, stated that the report was the first monthly report for fiscal year 2014. Mr. Vickers briefly discussed Fall Semester Credit Hour enrollments, tuition and fee revenue projections, and expenses. Mr. Vickers and Dr. Richard Rhodes, President/CEO, responded to questions from Board Members. Optional Report: Community Events - Mr. Jeffrey Richard, Chair, introduced the item. There were no reports on community events by the Board Members. CONSENT ITEM(S) Agenda Item 9101 Minutes of the October 21, 2013 Regular Meeting of the Austin Community College District Board of Trustees Mr. Jeffrey Richard, Chair, introduced the item. Board Secretary Guadalupe Sosa requested that the following sentence be added to the Minutes for Agenda Item 9101: In response to a question from Board Secretary Guadalupe Sosa, the contract is not retroactive to September 1. The Contract is effective upon approval by the Board. Trustees John-Michael Cortez moved and Nan McRaven seconded that: MOTION: The Board of Trustees of Austin Community College District approve the Minutes of the October 21, 2013 Regular Meeting of the Austin Community College District Board of Trustees including the additional statement requested by Board Secretary Sosa on Agenda Item 9101. VOTE: The motion passed on a vote of 8-0 FAVOR: John-Michael Cortez, Betty W. Hwang, Allen Kaplan, Tim Mahoney, Nan McRaven, Jeffrey K. Richard, Guadalupe Q. Sosa and Victor H.P. Villarreal OPPOSED: None ABSTAINED: None

ABSENT: Barbara P. Mink ITEMS FOR DISCUSSIONIPOSSIBLE

ACTION

Agenda Item 9102 Selection of Firm to Provide Master Planning Services for ACC Highland Learning Center Mr. Jeffrey Richard, Chair, recused himself from the item noting a conflict with his employer. Vice Chair Dr. Vie Villarreal introduced the item and stated that presentations from the four finalist were made at the Board of Trustees Regular Meeting on Monday, October 21,2013. Vice Chair Dr. Villarreal shared that additional support materials from the firms had been made available to the Board Members for review. Vice Chair Dr. Villarreal stated that the four finalists were Barnes, Gromatzky, Kozarek (BGK) Architects; O'Connell Robertson; SHW Group; and Perkins+Will. Vice Chair Dr. Villarreal acknowledged Mr. Ben Ferrell, Executive Vice President, Finance and Administration and Mr. Bill Mullane, Executive Director, Facilities and Construction as resource personnel. Trustees Allen Kaplan moved and Nan McRaven seconded that: MOTION: The Austin Community College District Board of Trustees hires the O'Connell Robertson team to be the planners for the Highland project. Trustees Kaplan and McRaven spoke to the motion. Board Secretary Guadalupe Sosa moved and Trustee Tim Mahoney seconded that: SUBSTITUTE MOTION: The Austin Community College District Board of Trustees hire the firm recommended by the staff, BGK Architects. Trustees discussed the original and substitute motions. VOTE: The Substitute Motion failed on a vote of 2-5 FAVOR: Tim Mahoney, Guadalupe Q. Sosa OPPOSED: John-Michael Cortez, Betty W. Hwang, Allen Kaplan, Nan McRaven, Victor H.P. Villarreal ABSTAINED: None ABSENT: Barbara P. Mink, (Jeffrey K. Richard recused himself and was not on the dais for the vote) VOTE: The Original Motion passed on a vote of 6-0-1 FAVOR: John-Michael Cortez, Betty W. Hwang, Allen Kaplan, Tim Mahoney, Nan McRaven, Victor H.P. Villarreal OPPOSED: None ABSTAINED: Guadalupe Q. Sosa ABSENT: Barbara P. Mink, (Jeffrey K. Richard recused himself and was not on the dais for the vote) [Board Chair Jeffrey Richard returned to the dais at 7:21 p.m.] Agenda Item 9103 Agreement Between Austin Community College District and Capital Metropolitan Transportation Authority For Transit Services at the Cypress Creek Campus Mr. Jeffrey Richard, Chair, introduced the item. Trustee John-Michael Cortez recused himself

from discussions on the item. Mr. Ben Ferrell, Executive Vice President, Finance and Administration provided background information and discussed the terms and costs of the new contract. Mr. Ferrell stated that Mr. Andy Kim, Director, Environmental Stewardship was in attendance as a resource person. Mr. Ben Ferrell and Mr. Andy Kim responded to questions from Board Members. Trustees Tim Mahoney moved and Betty Hwang seconded that: MOTION: The Board of Trustees of Austin Community College District approve the agreement between Austin Community College District and Capital Metropolitan Transportation Authority for Transit Services at the Cypress Creek Campus. VOTE: The Motion passed 7-0 FAVOR: Betty W. Hwang, Allen Kaplan, Nan McRaven, Tim Mahoney, Jeffrey K. Richard, Guadalupe Q. Sosa and Victor H.P. Villarreal OPPOSED: None ABSTAINED: None ABSENT: Barbara P. Mink, (John-Michael Cortez recused himself and was not on the dais for the vote) Recess The Board of Trustees of the Austin Community College District recessed at 7:30 p.m. for a convenience break. Reconvene The Board of Trustees of the Austin Community College District reconvened in public session at 7:38 p.m. under the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Agenda Item 9104 Presentation of Academic Master Plan Mr. Jeffrey Richard, Chair, introduced the item and Dr. Richard Rhodes, President/CEO. Dr. Rhodes expressed appreciation to all those who had participated in the development of the Academic Master Plan and asked those in attendance to stand and be recognized. Dr. Rhodes spoke about the benefits that have come out of the process and how it will guide ACC into the future. Dr. Rhodes expressed his gratitude to Dr. Enrique Solis, Interim Provost and Executive Vice President, and his leadership team for their efforts and an outstanding job. Dr. Enrique Solis thanked Dr. Rhodes for his leadership and support of the effort. Dr. Solis stated that Board Members had been provided the Academic Master Plan for their review. Dr. Solis stated that joining him for the presentation would be Dr. Mary Harris, Associate Vice President, Academic Planning, Development and Evaluation; Mr. Mike Midgley, Vice President of Instruction; and Dr. Kathleen Christensen, Vice President, Student support and Success Systems. Dr. Solis reminded the Board of the four Themes for the Academic Master Plan: Increase Student Success; Meet Business/Industry Workforce Needs; Achieve Operational Excellence; and Increase Community Outreach and Communication. Dr. Solis also discussed the Presidential Priorities. Dr. Mary Harris recognized Mr. Marcus Jackson, Director, Academic Planning and Evaluation and thanked him for his hard work. Dr. Harris provided an overview of the process and the three

phases in developing the plan. Dr. Solis provided a summary on the three areas that report to the Executive Vice President/Provost: Academic Planning, Development & Evaluation (Dr. Mary Harris, Associate Vice President); Student Access Programs (Dr. Stephanie Hawley, Associate Vice President); and International Programs (Mr. William Hayden, Director, International Programs). Mr. Mike Midgley, Vice President of Instruction, emphasized that a great number of people were involved in the development of the Academic Master Plan (Deans, Support Staff and department specific plans). Mr. Midgley discussed in summary form the Instruction and Academic Support Overview. Dr. Kathleen Christensen, Vice President, Student Support and Success Systems, discussed in summary form the Student Services Master Planning Values and main objectives. Dr. Enrique Solis, Interim Provost/Executive Vice President, discussed the Academic Master Plan: Implications for ACC • Financial Planning • Facilities • Highland Learning Center Master Planning • Intra-College Communication & Collaboration • Inter-Agency Communication & Collaboration • SACS Compliance • Continuous Improvement Dr. Solis closed by expressing appreciation to the presenters, staff, faculty, deans and process holders who worked diligently on the Academic Master Plan. Dr. Rhodes expressed his appreciation again for a fantastic job and thanks to all for their hard work. Board Members expressed their appreciation for a very thorough presentation. It was decided that Board Members would submit their questions regarding the Academic Master Plan and staff would provide a response at the December Board of Trustees Regular Meeting. [Trustee Tim Mahoney left the dais at 8:43 p.m.; and returned to the dais at 8:46 p.m.] [Trustee Nan McRaven left the dais at 9:01 p.m.] Agenda Item 9105 DiscussionIPossible Action on Disparity Study Agenda Item 9106 Authorize Administration and Legal Counsel to File Suit Against Super Circuits, Inc. Mr. Jeffrey Richard, Chair, introduced the items. Mr. Cobby Caputo, ACC Legal Counsel, responded to Trustee Tim Mahoney's question regarding Item 9105 as an Executive Session discussion item.

Executive Session The Board of Trustees of Austin Community College District recessed into Executive session at 9:10 p.m. on Monday, November 4,2013, to consult with Legal Counsel regarding pending or contemplated litigation, or a settlement offer, or on any non-litigation matter on which the Board seeks or needs to receive legal advice, pursuant to Texas Government Code §551.071. Reconvene The Austin Community College District Board of Trustees reconvened in public session pursuant to Chapter 551 of the Texas Government Code at 10:12 p.m. Agenda Item 9105 (cont.) DiscussionlPossible Action on Disparity Study Mr. Jeffrey Richard, Chair, introduced item 9105. Mr. Neil Vickers, Vice President, Finance and Budget stated that for the Board's consideration, it should be noted that without having the full scope or timeline for the study, that it could likely not be completed until after the Bond Election and thereby delay the process for soliciting contracts. Dr. Mary Hensley shared, as a point of clarification, that the ACC District Bond Advisory Committee at the June 17 Work Session presentation, shared with the Board three Discussion Topics, one of which was participating in a disparity study. It was not submitted as a formal recommendation to the Board for ACC to participate in the study. Trustees Nan McRaven moved and Tim Mahoney seconded that: MOTION: The Austin Community College District Board of Trustees instruct the Administration to undertake a utilization study of our historically and underutilized business practices and that we look at any policies and procedures that would be appropriate to strengthen minority contracting with the College. Board Secretary Guadalupe Sosa moved and Trustee Allen Kaplan seconded that: SUBSTITUTE MOTION: The Austin Community College District Board of Trustees move that Austin Community College District consider partnering on a Disparity Study with the City of Austin, Travis County, and AISD. Board Members spoke to the Substitute Motion. Mr. Cobby Caputo, Legal Counsel responded to questions from Board Chair Richard. Trustee Nan McRaven called for the question. SUBSTITUTE MOTION (Re-stated by Secretary Sosa): The Austin Community College District Board of Trustees move that Austin Community College District consider partnering on a Disparity Study with the City of Austin, Travis County and Austin ISD. VOTE: The motion failed on a vote of 4-4 FAVOR: Betty W. Hwang, Allen Kaplan, Jeffrey K. Richard, Guadalupe Q. Sosa OPPOSED: John-Michael Cortez, Tim Mahoney, Nan McRaven, Victor H.P. Villarreal ABSTAINED: None ABSENT: Barbara P. Mink

ORIGINAL MOTION (Re-stated by Trustee McRaven): The Austin Community College District Board of Trustees direct the Administration to undertake a utilization study of our contracting with historically underutilized businesses and gives us some bases on how we are doing in the marketplace and to also review whatever policies we have in place and see what else we might do to strengthen those policies and/or to strengthen our position with major contractors. FRIENDLY AMENDMENT (by Trustee John-Michael Cortez): To add that before we proceed on that utilization study (should it be approved) we might know what that will cost us too, if it costs us anything. The Friendly Amendment was accepted by Trustees McRaven and Mahoney VOTE: The motion passed on a vote of 6-0-2 FAVOR: John-Michael Cortez, Allen Kaplan, Tim Mahoney, NanMcRaven, Jeffrey K. Richard, Victor H.P. Villarreal OPPOSED: None ABSTAINED: Betty W. Hwang, Guadalupe Q. Sosa ABSENT: Barbara P. Mink Trustee Nan McRaven requested that the Administration provide the costs/timeframe and a plan on what to do and how to do it. Agenda Item 9106 (cont.) Authorize Administration and Legal Counsel to File Suit Against Super Circuits, Inc. Mr. Jeffrey Richard, Chair, introduced the item. Trustee Nan McRaven moved and Vice Chair Vie Villarreal seconded that: MOTION: The Austin Community College District Board of Trustees authorize the President and the College's attorneys to initiate and prosecute litigation against Super Circuits Inc. and any related entities that might be necessary parties; and to take all steps to protect the College's legal rights under all applicable laws. VOTE: The motion passed on a vote of 8-0 FAVOR: John-Michael Cortez, Betty W. Hwang, Allen Kaplan, Tim Mahoney, Nan McRaven, Jeffrey K. Richard, Guadalupe Q. Sosa and Victor H.P. Villarreal OPPOSED: None ABSTAINED: None ABSENT: Barbara P. Mink Announcements: Future College/Community Events and Future Board Agenda Items Vice Chair Vie Villarreal announced the following event: • Election Day, Tuesday, November 5, 2013 Adjournment Having no motion before the Board, the Monday, November 4,2013, meeting of the Austin Community College District Board of Trustees was adjourned at 10:31 p.m.

Approved By

~~'1J~ Guadalupe Q. Slsa, Board Secretary