GOVERNING BOARD MINUTES

REGULAR MEETING, GOVERNING BOARD

PALOMAR COMMUNITY COLLEGE DISTRICT

BOARD CONFERENCE ROOM, STUDENT SERVICES CENTER

COLLEGE CAMPUS

SAN MARCOS, CALIFORNIA

TUESDAY, MARCH 24, 1998, 7:00 P.M.

A. CALL TO ORDER

The regular meeting of the Palomar Community College District Governing Board was called to order by Harold Scofield, President, at 7:03 p.m.

B. ROLL CALL

TRUSTEES PRESENT:

HAROLD SCOFIELD, PRESIDENT

RITA WHITE, ED.D., VICE PRESIDENT

RALPH JENSEN, SECRETARY

BARBARA HUGHES, TRUSTEE

ROBERT L. DOUGHERTY, JR., M.D., TRUSTEE

ERICA OLVERA, STUDENT TRUSTEE

EXECUTIVE AND SENIOR ADMINISTRATORS PRESENT:

Dr. George R. Boggs, Superintendent/President

Diane Michael, Assistant Superintendent/Vice President, Instruction

Joseph Madrigal, Assistant Superintendent/Vice President, Student Services

Jerry Patton, Assistant Superintendent/Vice President, Finance and Administrative Services

Dr. James Mitchell, Interim Assistant Superintendent/Vice President, Human Resources and Affirmative Action

Judy Eberhart, Dean, Counseling, Guidance, and Career Development

Gene Jackson, Dean, Arts and Languages

Paul Kelly, Dean, Vocational Technology

Dr. Michael Rourke, Dean, Mathematics and the Natural and Health Sciences

Patrick Schwerdtfeger, Interim Dean, Human Arts and Sciences

Lise Telson, Dean, Student Support Programs

STAFF:

Barbara Baldridge, Executive Assistant, President's Office

Pat Barrett, Manager, Food Services

Bruce Bishop, President, The Faculty

Jim Bowen, Director, Student Activities

Ernie Carson, President, CCE/AFT

Ben Echeverria, Counsel, Contracts and Special Projects

Lynn Ginsburg, Director, Business Services

Kendra Jeffcoat, Special Assistant to the President

Lois Meyer, Director, Fiscal Services

Dr. Michael Norton, Director, Public Information

Sherry Titus, Instructor/Coach, PE/Athletics

Dr. Mark Vernoy, President, Faculty Senate

John Woods, Director, Athletics/PE

GUESTS:

Lee Baldridge

Katrina Baughman, ASG

Tom Chambers, ASG

Javier Corona, ASG

Oscar Lopez, ASG

Loretta Murillo-Colton, ASG

T. J. Quigley, ASG

QUORUM ESTABLISHED

Following the pledge of allegiance to the flag, Mr. Scofield declared a quorum present, and the meeting proceeded with the order of business.

A TAPED RECORD OF THE PROCEEDINGS OF THIS MEETING IS ON FILE IN THE PRESIDENT'S OFFICE FOR THIRTY DAYS OR UNTIL THE MINUTES OF THE MEETING HAVE BEEN APPROVED BY THE GOVERNING BOARD, WHICHEVER IS LONGER.

C. APPROVAL OF MINUTES

MSC Jensen, White

RESOLUTION 97-18830

BE IT RESOLVED, That the Minutes of the Regular Meeting held on March 10, 1998, be approved with the following correction:

On the list of Staff Members present, Bruce Bishop's title should be: "President, The Faculty."

The Vote: Unanimous

Student Trustee Advisory Vote: Aye


C O N S E N T C A L E N D A R

CC.

1. ACCEPTANCE OF GIFTS

MSC Jensen, Dougherty

RESOLUTION 97-18831

BE IT RESOLVED, That the following gifts be accepted and that an appropriate letter of appreciation be sent:

  1. Flowers to be planted on campus, donated by Altman Plants, 3742 Blue Bird Canyon Road, Vista, California 92084. Cash value as estimated by donor is $730.00.
  1. Flowers to be planted on campus, donated by Altman Plants, 3742 Blue Bird Canyon Road, Vista, California 92084. Cash value as estimated by donor is $630.00.

Dr. White questioned why these two items were not combined to make one donation as they are from the same donor. It was noted that they were made as two separate donations on two different dates.

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

  1. APPROVE CORRECTION TO ITEM I-5 ON AGENDA OF MARCH 10, 1998, MEETING

MSC Jensen, Dougherty

RESOLUTION 97-18832

BE IT RESOLVED, That the attached correction to pages submitted and approved by the Governing Board as item I-5, and approved by Resolution 97-18815, are hereby approved. Exhibit CC-2

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

3. APPROVE DESTRUCTION OF RECORDS

MSC Jensen, Dougherty

RESOLUTION 97-18833

BE IT RESOLVED, That approval be given to the destruction of the following duplication and mail records:

Type Fiscal Years Quantity Cubic Feet

Duplication Records and Billing 1986-87 through

1992-93 1 Box 1.05 cu ft

Duplication Order Forms 1996-97 5 Boxes 3.45 cu ft

Mail Records and Billing 1989-90 through

(U.S. P.S., U.P.S., Federal 1992-93 1 Box 1.05 cu ft

Express)

Check Receipt Records 1989-90 through

1992-93 1 Lid .10 cu ft

Cash Register Tapes 1992-93 1 Lid .10 cu ft

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

4. APPROVE NEW CLASS AND AGREEMENT FOR COMMUNITY SERVICES CLASS

MSC Jensen, Dougherty

RESOLUTION 97-18834

BE IT RESOLVED, That the new class and agreement be approved between Palomar Community College District and personnel for providing the following Community Services class:

Spring/1998

a. Presenter: O'Conner-DuPont, Maureen

Name of Class: The New SAT

Effective: April 4, 1998

Rate: $218.40

Terms: Minimum of 10 students

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

5. APPROVE ADJUNCT FACULTY EMPLOYMENT

MSC Jensen, Dougherty

RESOLUTION 97-18835

BE IT RESOLVED, That the employment of the following adjunct faculty, at the rate indicated for the Spring, 1998, semester (day and/or evening), be approved; said adjunct faculty are not scheduled to teach more a than 60 percent load:

Spring/1998

EARTH SCIENCES

Ulanicki, Slawomir Aeronautical Sciences $31.20

A.A., Aviation & Space

B.A., International Business

3 years of experience

ECONOMICS/HISTORY/POLITICAL SCIENCE

Reck, Richard History $34.32

B.A., English & Speech Drama

M.A., History

M.A., English

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

6. INFORMATION: RESIGNATION

On behalf of the Governing Board of the Palomar Community College District, the following resignation has been accepted by Dr. George R. Boggs, Superintendent/President, as authorized by the Governing Board on June 10, 1986:

a. MARJEAN TINSLEY, Employment and Benefits Assistant II, Human Resource Services, effective April 4, 1998. (Last day worked, April 3, 1998)

7. INFORMATION: RETIREMENT

On behalf of the Governing Board of the Palomar Community College District, the following retirement has been accepted by Dr. George R. Boggs, Superintendent/President, as authorized by the Governing Board on June 10, 1986, under Group II of the Retirement Health and Dental Plan approved by the Governing Board December 8, 1987:

a. SUSIE A. LUDWIG, Senior Accounting Assistant, Fiscal Services, effective May 1, 1998. (Last day worked 4/30/98)

__________________________________________

R e s u m p t i o n o f

R E G U L A R A G E N D A

__________________________________________

D. CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

There were no items removed from the Consent Calendar.

E. OPERATIONAL REPORTS

  1. Food Services Report

Pat Barrett discussed the activities of the Food Services Department. She reported that the food facilities operation consists of eight locations, six on campus and two off campus. They also have a catering department that provides meals for 90 children from our child care program, the Phase 2 special education program, the Vista Women's Club, the San Marcos Boys' and Girls' Club, and the Migrant Education program in the summer. They also work with seniors in the Town and Country and Via Verde Estates. They cater for staff meetings, receptions, and weddings for staff members. They service approximately 7,000 students and staff daily. The staff consists of eight contract staff and 40 student and short-term employees. They work with special education programs, such as PWI (Partners With Industry), R.O.P., and our own I.F.S. Department Food Productions. Sales for the seven months ending in January were $730,000, which was $70,000 more than last year. The net income was $13,000 compared to a loss of $25,000 during the same period last year. The facilities bring challenges in that the kitchen was designed 50 years ago for a population of 1,000. They now serve about 15,000 students and are still using most of the same equipment. Most of the food orders are done via the computer with several vendors. This allows them to receive immediate pricing and status on the product. They are working closely with the students to improve their services.

Dr. Dougherty stated that he appreciates what has been done to convert a money-losing program into one that is doing better than breaking even. It has taken a great deal of talent, work, and committees doing some very wise and innovative things. He appreciates Pat's part in making it profitable.

Mr. Scofield stated that he likes the idea of placing satellites in several places on campus to make it convenient for everyone.

2. Fall, 1997, Athletic Report

John Woods introduced and congratulated some of the outstanding athletes, coaches, and academic counselors who support our athletic programs. He noted in particular that 17 out of the 23 sophomores on our football team will be transferring to an upper-division institution with full-ride scholarships.

Mr. Jensen particularly thanked Sherry Titus for participating in a Res-Ball coaching clinic. She is not only very knowledgeable and a wonderful teacher, but she enjoys what she is doing.

3. Update on Achievement of ASG Goals

Erica Olvera introduced four members of ASG, who spoke regarding their efforts in achieving ASG's goals this year. T. J. Quigley reported on the Student Center election planned for April 20-24, 1998; Oscar Lopez reported on the Satellite Committee formed to address problems at the education centers; Tom Chambers reported on ASG Goals and Social Events, on behalf of Elaine James; Katrina Baughman reported on the activities of the Election Committee; and Loretta Murillo-Colton reported on activities of the Budget and Finance Committee and Legislative Committee.

Ms. Hughes stated that it looks like the ASG has a lot of dedicated people working for the College. Ms. Olvera stated that she feels very lucky to be working with this group.

F. HEARINGS OF INDIVIDUALS, GROUPS, AND DELEGATIONS

1. INFORMATION

Report of the Faculty Senate

Mark Vernoy reported that the Senate has received from PAC the Telecommunications User Policy and Procedures. The policy is coming to the Board tonight, and the procedures have been sent out to sunshine. They should be back in approximately a month from the faculty. Once that is done, they will get the procedures back to PAC so they may be implemented by the end of the semester.

2. INFORMATION

Report of The Faculty

Bruce Bishop reported that The Faculty is presently involved in soliciting nominations for The Faculty Service Award. They are also planning for the Faculty Awards Dinner Dance the night of graduation. All are invited to attend. Donations are invited and encouraged.

3. INFORMATION

Report of the Administrative Association

There was no report.

4. INFORMATION

Report of the CCE/AFT

Ernie Carson congratulated Pat Barrett on the impressive report she presented and thanked her for working with the classified unit on issues. They have made a lot of progress.

Last week at the classified staff meeting, nominations were held for next year's officers. Once again, Ernie was nominated for President. Ballots will be sent out next week, and the count will be verified in approximately two weeks after that.

For the past three years, the Executive Councils of the AFT and the NEA have been meeting regarding merging these two organizations. Since January, they have been working on the "Principles of Unity," for a united organization. A draft has been presented, and both councils are near completion of reviewing it. It is possible that an agreement on the principles will be accomplished by next month. They are optimistic that it will be presented to the various states and their locals so that mergers may take place by the end of this year.

5. INFORMATION

Report of the Associated Student Government

There was no report.

6. INFORMATION

Report of Superintendent

Dr. Boggs had reported previously that EOPS Counselor, Adele Flores, was a 1997 Madrina Award winner from the Latina Network. She has been featured in the latest issue of Esperanza, the publication of the Latina Leadership Network of the California Community Colleges.

Jim Bowen has been selected as "The National Student Advisor of the Year for 1997-98." Jim received his plaque and was recognized in ceremonies at the recent conference of the American Student Association of Community Colleges in Washington, D.C.

Dr. Boggs received a conference announcement recently on how to organize conferences. He thought it would be a good thing to send to Bill Flynn until he opened it and found that one of the featured speakers is Bill Flynn. He will be speaking at the "Third Annual Advanced Marketing Conference" at Clemson University this June. His topic is ">From Concept to Conference in Eight Months, Leveraging Networks for Partnerships for Instant Credibility and Long-Term Benefits," the story of how we developed the Learning Paradigm Conference.

Thanks to the efforts of Dale Wallenius, the Palomar College Foundation recently received a $5,000 grant to fund equipment and software for the ESL lab from the North County Times Charities Fund, which seeks to support literacy projects and programs.

Dale also was instrumental in securing a $3,000 grant from the San Marcos Community Foundation for the EOPS Emergency Fund. That grant required a match, so the Foundation matched it so the students who need emergency help will have the funds available.

Dr. Boggs invited the Board members to the Professional Achievement Tea, which is scheduled for Wednesday, April 22, 2:30 to 4 p.m., in Performance Lab D-6. This is the time we recognize faculty service, newly tenured faculty members, faculty and staff members who publish, and faculty and staff who have been awarded advanced degrees.

There will be a reception tomorrow, March 25, at 4 p.m., in the Staff Lounge for Stanford Professor, Jack Rakove, the winner of the 1997 Pulitzer Prize for his book, "Original Meanings: Politics and Ideas in the Making of the Constitution." Angelo Corpora will be interviewing him that evening for his telecourse.

One of our former Board members, Dr. Bill Boyce, is retiring and being recognized on Thursday, March 26, at the California Center for the Arts. He was a Board member from 1977 through 1983. He served as Chairman in 1978-79 and 1981-82.

Our Dental Assisting program will be hosting an accreditation visit, April 2 and 3. He expressed appreciation to Jean Landmesser for her extensive work on the self-study.

Board members are invited to the following graduations: Fire Academy, Sunday, April 5, 5 p.m., in the Howard Brubeck Theatre; Police Academy, Tuesday, April 7, 6 p.m., in P-32.

Board members are invited to attend Classified Staff Development Day, which is scheduled for Monday, April 6.

7. INFORMATION

Report of Other Organizations and/or Individuals

There were none.

G. COMMUNICATIONS

  1. Letter from Assemblyman Howard Kaloogian to Dr. Boggs, dated March 6, 1998, explaining his rationale for not supporting AB 855. Exhibit G-1

H. UNFINISHED BUSINESS

  1. SEPARATE EXHIBIT H-1a FROM EXHIBIT H-1b OF GOVERNING BOARD GOALS FOR 1998

MSC Dougherty, White

RESOLUTION 97-18836

BE IT RESOLVED, That Exhibits H-1a and H-1b of Item H-1 Governing Board Goals, Unfinished Business, on the agenda for tonight's meeting be separated for purposes of voting.

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

APPROVE GOVERNING BOARD GOALS FOR 1998

MSC Dougherty, White

RESOLUTION 97-18837

BE IT RESOLVED, That the Governing Board Goals for 1998, Draft II, be approved. Exhibits H-1a

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

FAIL TO APPROVE EXHIBIT H-1b

MSFailed Dougherty, Jensen

RESOLUTION 97-18838

BE IT RESOLVED, That Exhibit H-1b, as submitted at the March 10, 1998, meeting by Dr. Mark Vernoy, Faculty Senate President, be approved.

Dr. Dougherty stated that he likes the idea presented as Exhibit H-1b very much, but he feels it would be better to leave the titles off this time because they need to be integrated at an earlier stage. He feels that next year, titles should be inserted, as they are helpful. We have come so far in the process this year, however, that it is not feasible.

Ms. Hughes stated that she put a lot into the goals as devised at the retreat, and she likes them the way they are.

The motion was defeated.

The Vote: One Aye (White), Four Noes

Student Trustee Advisory Vote: Aye

  1. APPROVE 1998-99 SABBATICAL LEAVES

MSC Jensen, Dougherty

RESOLUTION 97-18839

BE IT RESOLVED, That the Governing Board of the Palomar Community College District approve 1998-99 Sabbatical Leaves for the following persons:

Full Year - 1998-99

Elvia Nunez-Riebel, Counseling Department

Michael Steirnagle, Art Department

Fall - 1998

Andrea Bell, English Department

Robert Ebert, Life Sciences Department

Carlos Gomez, Foreign Languages Department

A. Dana Hawkes, Communications Department

Marc Newman, Speech Communication/Forensics/ASL Department

Chuong Nguyen, Mathematics Department

Patricia Schmidt, Nursing Education Department

Jay Schultz, Art Department

Daniel Sourbeer, Life Sciences Department

Ruth Tait-Brown, Disabled Student Programs and Services

Colleen Weldele, English as a Second Language Department

Spring - 1999

Patricia Deen, Earth Sciences Department

William Hawkins, Performing Arts Department

Lynne Henson, English as a Second Language Department

Steve Kirby, Trades and Industry Department

Steve McDonald, English Department

Maria Miller, Counseling Department

Suzann Norton, Disabled Student Programs and Services

Steven Spear, Earth Sciences Department

Timothy Ulman, Foreign Languages Department Exhibit H-2

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

I. NEW BUSINESS

1. AUTHORIZE ISSUANCE OF A 1998-99 TAX AND REVENUE ANTICIPATION NOTE AND PARTICIPATION IN THE COMMUNITY COLLEGE LEAGUE OF CALIFORNIA CASH FLOW FINANCING PROGRAM

MSC Dougherty, Hughes

RESOLUTION 97-18840

WHEREAS, pursuant to Sections 53850 et seq. of the Government Code of the State of California (the "Act") contained in Article 7.6 thereof, entitled "Temporary Borrowing," on or after the first day of any fiscal year (being July 1), the Palomar Community College District (the "District") may, pursuant to a resolution of its Governing Board (the "Board"), borrow money by issuing notes for any purpose for which the District is authorized to expend moneys, including but not limited to current expenses, capital expenditures, and the discharge of any obligation or indebtedness of the District;

WHEREAS, the Board hereby determines that an amount (the "Principal Amount") not to exceed One Million Eight Hundred Thousand Dollars ($1,800,000) (the "Maximum Principal Amount"), which Principal Amount is to be confirmed and set forth in the Pricing Confirmation (as defined in Section 4 hereof), is needed for the requirements of the District to satisfy obligations of the District, and that it is necessary that the Principal Amount be borrowed for such purpose by the issuance of a temporary note therefor in anticipation of the receipt of taxes, revenue and other moneys to be received by the District during or attributable to fiscal year 1998-99;

WHEREAS, it appears, and the Board hereby finds and determines, that the Principal Amount, when added to the interest payable thereon, does not exceed eighty-five percent (85%) of the estimated amount of the uncollected taxes, income, revenue, cash receipts and other moneys of the District attributable to fiscal year 1998-99, and available for the payment of said note and the interest thereon;

WHEREAS, pursuant to Section 53856 of the Code, certain revenues that will be received by the District during and attributable to fiscal year 1998-99 can be pledged for the payment of said note and the interest thereon (as hereinafter provided);

WHEREAS, the Board has determined that it is in the best interests of the District to participate in the Community College League of California Cash Flow Financing Program (the "Program"), whereby participating community college districts (collectively, the "Participating Districts") will simultaneously issue tax and revenue anticipation notes;

WHEREAS, the tax and revenue anticipation note authorized hereby (the "Note") will be sold to the Community College League Financing Authority (the "Authority") pursuant to a note purchase agreement, dated as of the date of the Pricing Confirmation, by and between the Authority and the District (the "Note Purchase Agreement"); and


WHEREAS, as part of the Program, the Authority will issue one or more series (each a "Series") of 1998-99 Tax and Revenue Anticipation Bonds (the "Bonds") pursuant to an Indenture (the "Indenture") between the Authority and U. S. Trust Company of California, N.A. (the "Trustee"), which Bonds will be secured by the tax and revenue anticipation notes of the Participating Districts, each Series to be distinguished by the type of credit enhancement, if any, that secures such Series, the principal amounts of the notes securing such Series, the date of maturity of such Series, or by such other factors as may be determined by the Authority pursuant to the advice of Sutro & Co. Incorporated, as financial advisor for the Program (the "Financial Advisor");

NOW, THEREFORE, the Governing Board of the District hereby resolves as follows:

Section 1. Recitals. All of the above recitals are true and correct and the District so finds, determines, and represents.

Section 2. Authorization of Issuance of Note; Terms. The District hereby determines to borrow, solely for the purpose of anticipating taxes, income, revenue, cash receipts and other moneys to be received by the District during or attributable to fiscal year 1998-99, an aggregate principal amount not to exceed the Maximum Principal Amount by the issuance, by the District, of a temporary note under Sections 53850 et seq. of the Code designated as the District's "1998-99 Tax and Revenue Anticipation Note." The Note shall be dated the date of delivery thereof; shall mature (without option of prior redemption) not more than 15 months from said date of delivery on a date indicated on the face of the Note and set forth in the Pricing Confirmation (as defined below), or if such date is not a day on which banks in New York or California are open for business, on the first business day prior to such date; and shall bear interest, payable on the dates set forth in the Note and computed on a 30-day month/360-day year basis, at the rate indicated on the face of the Note and set forth in the Pricing Confirmation (the "Note Rate"), but not in excess of eight percent (8.0%) per annum. If the Note is not fully paid at maturity, then the unpaid portion thereof shall continue to bear interest thereafter at the Default Rate (to be set forth in the Pricing Confirmation). Both the principal of and interest on the Note shall be payable only upon surrender thereof, in lawful money of the United States of America, at the corporate trust office of the Trustee, which Trustee is hereby designated to be the Paying Agent for the Note (the "Paying Agent").

Section 3. Form of Note. The Note shall be issued in registered form without coupons and shall be substantially in the form and substance set forth in Exhibit A attached hereto and by reference incorporated herein, the blanks in said form to be filled in with appropriate words and figures.

Section 4. Sale of the Note. The Note shall be sold to the Authority pursuant to the Note Purchase Agreement. The form of the Note Purchase Agreement, including the form of the pricing confirmation supplement (the "Pricing Confirmation") set forth as Exhibit B thereto, presented to this meeting is hereby approved. The Vice President, Finance and Administrative Services and the Director, Fiscal Services of the District (the "Authorized Representatives") are each hereby authorized and directed to execute (which execution shall be accomplished by execution of the Pricing Confirmation) and deliver the Note Purchase Agreement (including the Pricing Confirmation) in substantially said form, with such changes thereto as such Authorized Representative shall approve, such approval to be conclusively evidenced by his or her execution and delivery thereof; provided, however, that the interest rate on the Note shall not exceed eight percent (8.0%) per annum, the discount on the Note, when added to the District's share of the costs of issuance of the Bonds, shall not exceed one and one-half percent (1.5%), and the Principal Amount shall not exceed the Maximum Principal Amount.

Section 5. Program Approval. The District's participation in the Program is approved; provided, however, that the District's decision to participate in the Program shall not be binding on the District until the execution and delivery of the Pricing Confirmation.

The District acknowledges that the Authority, acting upon the advice of the Financial Advisor, may seek such credit enhancement for the Note and for the Series of Bonds related thereto as it deems necessary or desirable. The District agrees to be bound by the terms of such credit enhancement, if any, and the agreements related thereto. The District's approval of such credit enhancement, if any, and the agreements related thereto shall be conclusively evidenced by execution and delivery of the Pricing Confirmation. Each Authorized Representative is authorized to execute and deliver, on behalf of the District, all agreements related to credit enhancement for the Note and for the Series of Bonds related thereto that such Authorized Representative shall approve, such approval to be conclusively evidenced by execution and delivery of such agreements.

The Authorized Representatives of the District are hereby authorized and directed to provide the Financial Advisor with such information relating to the District as the Financial Advisor shall reasonably request for inclusion in the Preliminary Official Statement and Official Statement related to the Bonds. Upon inclusion of the information relating to the District therein, the Preliminary Official Statement is, except for certain omissions permitted by Rule 15c2-12 of the Securities Exchange Act of 1934, as amended (the "Rule"), hereby deemed final within the meaning of the Rule with respect to the District. If, at any time prior to the execution of the Pricing Confirmation, any event occurs as a result of which the information contained in the Preliminary Official Statement related to the District might include an untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, the District shall promptly notify the Financial Advisor.

The District agrees to pay or cause to be paid, in addition to the amounts payable under the Note, its share of any fees or expenses of the Trustee in connection with its participation in the Program, as determined in accordance with the Indenture. Such additional fees and expenses will be paid by the District within twenty-five (25) days of receipt by the District of a bill therefor from the Trustee.

Section 6. Transfer; Exchange. The Note shall initially be registered in the name of the Authority. Thereafter, the Note may not be transferred or exchanged except for a transfer to a provider of credit enhancement for the Note or for the Series of Bonds related thereto as provided by the terms of such credit enhancement and any agreement related thereto.

Section 7. Deposit of Note Proceeds; No Arbitrage. A portion of the proceeds from the sale of the Note, in an amount equal to the District's share of the costs of issuance (including any fees and expenses incurred in connection with credit enhancement) of the Note and of the Series of Bonds related to the Note, shall be deposited in the Costs of Issuance Fund established under the Indenture and expended as directed by the Authority on costs of issuance as provided in the Indenture. The remainder of the proceeds from the sale of the Note shall be deposited in the Proceeds Fund established under the Indenture and, until transferred pursuant to a requisition of the District, be invested in Permitted Investments (as defined in and under the terms of the Indenture) as directed by the Authority. While they are on deposit in the Proceeds Fund, proceeds from the sale of the Note shall constitute additional security for repayment of the Note. Upon requisition submitted to the Trustee in accordance with the Indenture, the Note proceeds deposited in the Proceeds Fund shall be transferred to or on behalf of the District for any purpose for which the District is authorized to use and expend moneys.

The District hereby covenants that it will make no use of the proceeds of the Note that would cause the Note to be an "arbitrage bond" under Section 148 of the Code; and, to that end, so long as the Note is outstanding, the District, and all of its officers having custody or control of such proceeds, shall comply with all requirements of said section, including restrictions on the use and investment of proceeds of the Note and the rebate of a portion of investment earnings on certain amounts, including proceeds of the Note, if required, to the Federal government, and of the Income Tax Regulations of the United States Treasury promulgated thereunder or under any predecessor provisions, to the extent that such regulations are, at the time, applicable and in effect, so that the Note will not be an "arbitrage bond."

Section 8. Payment of Note.

(A) Source of Payment. The principal amount of the Note, together with the interest thereon, shall be payable from taxes, income, revenue, cash receipts and other moneys which are received by the District during fiscal year 1998-99 and which are available therefor. The Note shall be a general obligation of the District, and to the extent the Note is not paid from the Pledged Revenues defined below, the Note shall be paid with interest thereon from any other moneys of the District lawfully available therefor, as provided herein and by law.

(B) Pledged Revenues. As security for the payment of the principal of and interest on the Note, the District hereby pledges certain unrestricted revenues (as further described in the following paragraph, the "Pledged Revenues") which are received by the District in the months specified in the Pricing Confirmation as Pledge Months (each a "Pledge Month" and collectively the "Pledge Months"). The term "unrestricted revenues" shall mean taxes, income, revenue, cash receipts, and other money of the District as provided in Section 53856 of the Act, which are intended as receipts for the general fund of the District and which are generally available for the payment of current expenses and other obligations of the District.

With respect to each Pledge Month, the amount of unrestricted revenues which shall constitute Pledged Revenues will be equal to a percentage of the Principal Amount plus a percentage of the interest due on the Note on the applicable interest payment dates, including maturity, such percentages, and dates to be specified in the Pricing Confirmation. Any one of the Authorized Representatives of the District is hereby authorized to approve the determination of the Pledge Months and the amount of Pledged Revenues with respect to each Pledge Month by executing and delivering the Pricing Confirmation, such execution and delivery to be conclusive evidence of approval by this Board and such Authorized Representative.

The principal of the Note and the interest thereon shall be a first lien and charge against and shall be payable from the first moneys received by the District from such Pledged Revenues, as provided by law.

In the event that there are insufficient unrestricted revenues received by the District to permit the deposit into the Repayment Account, as hereinafter defined, of the full amount of Pledged Revenues to be deposited from unrestricted revenues in any Pledge Month, then the amount of any deficiency shall be satisfied and made up from any other moneys of the District lawfully available for the repayment of the Note and the interest thereon.

(C) Deposit of Pledged Revenues in Repayment Account. Pledged Revenues shall be held by the District in a special account within the District's general fund designated as the District's "1998-99 Tax and Revenue Anticipation Note Repayment Account" (the "Repayment Account") and applied as directed in this resolution. Any moneys placed in the Repayment Account shall be for the benefit of the holder of the Note, and until the

Note and all interest thereon are paid or until provision has been made for the payment of the Note at maturity with interest to maturity, the moneys in the Repayment Account shall be applied only for the purposes for which the Repayment Account is created. Upon the written request of the Trustee or any provider of credit enhancement for the Note or the Series of Bonds related thereto, the District shall, within ten (10) Business Days following its receipt of such request, provide written evidence that the deposits to the Repayment Account required by this resolution have been made. In addition, the District shall provide such additional financial information as may be required by any provider of credit enhancement for the Note or the Series of Bonds related thereto.

(D) Disbursement of Moneys in Repayment Account. The District shall, to the extent necessary to pay the principal of and the interest on the Note, cause the moneys in the Repayment Account to be transferred to the Trustee at least five (5) Business Days (as defined in the indenture) prior to the date that interest on the Note must be paid, as applicable, and prior to the maturity of the Note. Moneys so transferred to the Trustee shall be deposited in the appropriate Bond Payment Fund established under the Indenture and applied to the payment of the principal of and interest on the Note when due and at maturity, as provided in the Indenture. In the event that moneys in the Repayment Account are insufficient to pay the principal of and interest on the Note when due and at maturity, such moneys shall be applied first to pay interest on the Note and second to pay principal of the Note. Any moneys remaining in or accruing to the Repayment Account after the principal of and the interest on the Note have been paid, or provision for such payment has been made, shall be transferred to the general fund of the District, subject to any other disposition required by the Indenture.

Section 9. Execution and Delivery of Note. The Note shall be executed by the manual or facsimile signature of an Authorized Representative and countersigned by the manual or facsimile signature of the Secretary of the Board. The proper officers of the District are hereby requested to deliver the Note to the Authority.

Section 10. Covenants and Warranties.

(A) It is hereby covenanted and warranted by the District that all representations and recitals contained in this resolution are true and correct.

(B) The District shall not incur any indebtedness secured by a pledge of its unrestricted revenues unless such pledge is subordinate in all respects to the pledge of unrestricted revenues hereunder.

(C) So long as any Bonds issued in connection with the Note are outstanding, the District will not create or suffer to be created any pledge of or lien on the Note other than the pledge and lien of the Indenture.

(D) The District and its appropriate officials have duly taken, or will take, all proceedings necessary to be taken by them for the levy, collection and enforcement of the Pledged Revenues in accordance with the law and for carrying out the provisions of this resolution and the Note.

Section 11. Ratification and Approval of Past and Future Action. All actions heretofore taken by the officers and agents of the District with respect to the Note, the Bonds, and the Program are hereby approved, confirmed and ratified, and the officers and agents of the District are hereby authorized and directed to do any and all things and take any and all actions, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Note and the District's participation in the Program in accordance with this resolution and resolutions hereafter adopted by the District. The Authorized Representatives are hereby designated as "Authorized District Representatives" under the Indenture.

Section 12. Events of Default and Remedies.

If any of the following events occur, it is hereby defined as and declared to be and to constitute an "Event of Default":

(A) Failure by the District to make or cause to be made the transfers and deposits to the Repayment Account or any other payment required to be paid hereunder on or before the date on which such transfer, deposit or other payment is due and payable;

(B) Failure by the District to observe and perform any covenant, condition or

agreement on its part to be observed or performed under this resolution, for a period of fifteen (15) days after written notice, specifying such failure and requesting that it be remedied, is given to the District by the Paying Agent, unless the Paying Agent shall agree in writing to an extension of such time prior to its expiration;

(C) Any warranty, representation or other statement by or on behalf of the District contained in this resolution or the Note Purchase Agreement (including the Pricing Confirmation) or in any requisition or any financial report delivered by the District or in any instrument furnished in compliance with or in reference to this resolution or the Note Purchase Agreement or in connection with the Note, is false or misleading in any material respect;

(D) A petition is filed against the District under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, and is not dismissed within 30 days after such filing, but the Paying Agent shall have the right to intervene in the proceedings prior to the expiration of such 30 days to protect its interests and the interests of the registered owner of the Note;

(E) The District files a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any petition against it under such law; or

(F) The District admits insolvency or bankruptcy or is generally not paying its debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or trustee) of the District or any of its property is appointed by court order or takes possession thereof and such order remains in effect or such possession continues for more than 30 days, but the Paying Agent shall have the right to intervene in the proceedings prior to the expiration of such 30 days to protect its interests and the interests of the registered owner of the Note.

Whenever any Event of Default referred to in this Section shall have happened and be continuing, the Paying Agent shall, in addition to any other remedies provided herein or by law or under the Indenture, have the right, at its option without any further demand or notice, to take one or any combination of the following remedial steps:

(1) Without declaring the Note to be immediately due and payable, require the District to pay to the Paying Agent an amount equal to the principal of the Note and interest thereon to maturity, plus all other amounts due hereunder, and upon notice to the District the same shall become immediately due and payable by the District without further notice or demand; and

(2) Take whatever other action at law or in equity (except for acceleration of payment on the Note) which may appear necessary or desirable to collect the amounts then due and thereafter to become due hereunder or to enforce any other of its rights hereunder.

Section 13. Proceedings Constitute Contract. The provisions of the Note and of this resolution shall constitute a contract between the District and the registered owner of the Note, and such provisions shall be enforceable by mandamus or any other appropriate suit, action or proceeding at law or in equity in any court of competent jurisdiction, and shall be irrepealable.

Section 14. Request to Borrow; Transmittal of Resolution. The Note shall be issued in conjunction with the note or notes of one or more other community college districts, as described in Section 53853(b) of the Act. Following its adoption by the Board, signed copies of this resolution shall be transmitted by the Secretary of the Board to the treasurer of the county (the "County") in which the District is located, to the County's board of supervisors (the "County Board"), and to the County's superintendent of schools. Transmittal of this resolution to the County Board shall constitute a request by the Board for borrowing and for the issuance of the Note by the County Board. This resolution is based on the assumption that the County Board will fail to authorize, by resolution, the issuance of the Note within 45 calendar days of its receipt hereof or that the County Board will notify the District that it will not authorize the issuance of the Note within such 45-day period. If within such 45-day period the County Board authorizes, by resolution, issuance of the Note, then, notwithstanding this resolution, the Notes shall be issued in the name of the District by the County Board pursuant to such resolution of the County Board.

Section 15. Limited Liability. Notwithstanding anything to the contrary contained herein or in the Note or in any other document mentioned herein or related to the Note or to any Series of Bonds to which the Note may be assigned, the District shall not have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby except to the extent payable from moneys available therefor as set forth in Section 8 hereof.

Section 16. Amendments. At any time or from time to time, the District may adopt one or more Supplemental Resolutions, without the necessity for consent of the owner of the Note, for any one or more of the following purposes:

(A) to add to the covenants and agreements of the District in this Resolution, other covenants and agreements to be observed by the District which are not contrary to or inconsistent with this Resolution as theretofore in effect;

(B) to add to the limitations and restrictions in this Resolution, other limitations and restrictions to be observed by the District which are not contrary to or inconsistent with this Resolution as theretofore in effect,

(C) to confirm, as further assurance, any pledge under, and the subjection to any lien or pledge created or to be created by, this Resolution, of any monies, securities or funds, or to establish any additional funds or accounts to be held under this Resolution;

(D) to cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent provision in this Resolution; or

(E) to amend or supplement this Resolution in any other respect; provided, however, that any such Supplemental Resolution does not adversely affect the interests of the owner of the Note.

Any modification or amendment of this Resolution and of the rights and obligations of the District and of the owner of the Note may be made by a Supplemental Resolution, with the written consent of the owner of the Note; provided, however, that if such modification or amendment will, by its terms, not take effect so long as the Note remains outstanding, the consent of the owner of the Note shall not be required. No such modification or amendment shall change or modify any of the rights or obligations of the Paying Agent without its written assent thereto.

In addition to the amendments permitted by the above paragraphs, this Resolution, including the form of the Note, may be amended at any time prior to the execution and delivery of the Note pursuant to the Note Purchase Agreement or the Indenture, the provisions of which are incorporated herein by reference to the extent that they relate to the Note, the District, and the District's participation in the Program. Any amendment of this Resolution pursuant to this paragraph shall not require the execution and delivery of a Supplemental Resolution.

Section 17. Severability. In the event any provision of this Resolution shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.

Section 18. Appointment of Bond Counsel. The law firm of Stradling, Yocca, Carlson & Rauth, a Professional Corporation, San Francisco, California, is hereby appointed as Bond Counsel for the Note and for the Program. The District acknowledges that Bond Counsel regularly performs legal services for many private and public entities in connection with a wide variety of matters, and that Bond Counsel has represented, is representing or may in the future represent other public entities, underwriters, trustees, rating agencies, insurers, credit enhancement providers, lenders, financial, and other consultants who may have a role or interest in the proposed financing or that may be involved with or adverse to the District in this or some other matter. Given the special, limited role of Bond Counsel described above the District acknowledges that no conflict of interest exists or would exist, waives any conflict of interest that might appear to exist, and consents to any and all such relationships.

Section 19. Effective Date. This Resolution shall take effect from and after its date of adoption.

PASSED AND ADOPTED by the District this 24th day of March, 1998, by the following vote:

AYES: Dougherty, White, Hughes, Jensen, Scofield, Olvera (Student Advisory Vote)

NOES: None

ABSENT: None

__________________________________

President, Governing Board

Attest: __________________________________

Secretary, Governing Board

EXHIBIT A

PALOMAR COMMUNITY COLLEGE DISTRICT

1998-99 TAX AND REVENUE ANTICIPATION NOTE

Registered No. 1 $__________

Registered Owner:

Interest Payment

Rate of Interest: Maturity Date: Note Date: Date(s): CUSIP:

_____% ____________ _________ __________ ________

REGISTERED OWNER:

PRINCIPAL AMOUNT:

FOR VALUE RECEIVED, the Palomar Community College District (the "District") acknowledges itself indebted to and promises to pay the Registered Owner identified above, at the corporate trust office of U.S. Trust Company of California, N.A., in Los Angeles, California, (the "Paying Agent"), the Principal Amount specified above, in lawful money of the United States of America, on the Maturity Date specified above, together with interest thereon at the Rate of Interest per annum set forth above (computed on the basis of a 360-day year of twelve 30-day months) in like lawful money from the Note Date specified above until payment in full of said principal sum. Both the principal of and interest on this Note shall be payable as specified above; provided, however, no interest shall be payable for any period after maturity during which the holder hereof fails to properly present this Note for payment.

It is hereby certified, recited and declared that this Note has been made, executed and given pursuant to and by authority of a resolution of the Governing Board of the District duly passed and adopted under and by authority of Article 7.6 (commencing with Section 53850) of Chapter 4, Part 1, Division 2, Title 5, California Government Code, and that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this Note have existed, happened and been performed in regular and due time, form and manner as required by law, and that this Note, together with all other indebtedness and obligations of the District, does not exceed any limit prescribed by the Constitution or statutes of the State of California.

The principal amount of the Note, together with the interest thereon, shall be payable from taxes, income, revenue, cash receipts and other moneys that are received by the District during fiscal year 1998-99. As security for the payment of the principal of and interest on the Note the District has pledged an amount equal to_________ percent (___%) of the principal amount of the Note plus_______ percent (__%) of the interest due on the Note from the unrestricted revenues received by the District in the month ending _______________, 1998; and an amount equal to__________percent (___ %) of the principal amount of the Note plus_________percent (___%) of the interest due on the Note at maturity from the unrestricted revenues received by the District in the month ending______________ , 1998 (such pledged amounts being hereinafter called the "Pledged Revenues"); and the principal of the Note and the interest thereon shall constitute a first lien and charge thereon and shall be payable from the Pledged Revenues, and to the extent not so paid shall be paid from any other moneys of the District lawfully available therefor.

The District and the Paying Agent may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and neither the District nor the Paying Agent shall be affected by any notice to the contrary.

IN WITNESS WHEREOF, the District has caused this Note to be signed by the manual or facsimile signature of its Authorized Representative and countersigned by the manual or facsimile signature of the Secretary of its Governing Board, each as of the Note Date.

PALOMAR COMMUNITY COLLEGE DISTRICT

By_________________________________________

Authorized Representative

Countersigned:

By___________________________________

Secretary, Governing Board

Dr. Dougherty noted that the word, "California," needed to be inserted into the second line of the fifth paragraph of the agreement, prior to the words, "Cash Flow Financing Program."

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

2. REJECT CLAIM

MSC Jensen, Dougherty

RESOLUTION 97-18841

BE IT RESOLVED, That the Governing Board of the Palomar Community College District rejects the claim for personal injuries filed by Carla DeDominicis and James Kuperstein, Attorneys at Law, 326 East Grand Avenue, Escondido, California, on behalf of their client Dorothy Andrews and refer it to the District's Claims Administrator for handling. Exhibit I-2

It was noted that we understand that the Poway Unified School District has also received a claim from this person.

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

3. APPROVE 1997-1998 PRESCHOOL FULL-DAY CONTRACT AND PRESCHOOL REDUCTION AMENDMENT

MSC Jensen, Dougherty

RESOLUTION 97-18842

BE IT RESOLVED, That the Governing Board of the Palomar Community College District authorizes entering into local agreements numbered GWAP-7053 and GPRE-7218 and that the person who is listed below is authorized to sign the transaction for the Governing Board.

NAME TITLE SIGNATURE

George R. Boggs, Ph.D. Superintendent/President /s/ George R. Boggs, Ph.D.

PASSED AND ADOPTED THIS 24th day of March, 1998, by the Governing Board of the Palomar Community College District of San Diego County, California. Exhibit I-3

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

4. APPROVE PLAN FOR EXPENDITURE OF TECHNOLOGY FUNDS ALLOCATED FROM THE 1997-1998 STATE BUDGET ACT, FOR INFORMATION SERVICES (4CNet and Expansion of District LAN)

MSC Jensen, Dougherty

RESOLUTION 97-18843

BE IT RESOLVED, That the application of the Palomar Community College District for 1997-1998 TTIP Information Services funding be approved in the following amounts: $23,000.00 for 4CNet (Plan A), $7,500.00 for District Satellite (Plan C and/or D), and Expansion of District LAN, $60,702.83, and approve the execution of certification for these expenditures by Dr. George R. Boggs, Superintendent/President, on behalf of the District. Exhibit I-4

It was noted that LAN stands for Local Area Network.

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

5. APPROVE THE LEASE TERM WITH CCT PARTNERS FOR KKSM-AM RADIO TRANSMITTER AND EQUIPMENT SITE FOR TWO (2) ADDITIONAL YEARS

MSC Jensen, White

RESOLUTION 97-18844

BE IT RESOLVED, That the lease between the Palomar Community College District and CCT Partners, for real property located at 2952 Oceanside Boulevard, Oceanside, California, for approximately 214 square feet of office space housing the transmitter equipment of the District's AM Radio Station, call letters KKSM-AM, which expires April 1, 1998, be and is hereby extended for two (2) additional calendar years, through April 1, 2000.

BE IT FURTHER RESOLVED, That the monthly rent shall remain at $199.02, and all other terms and conditions of the original lease, with the exception of the first year's rent being free, are extended without addition or change. This rent is paid from Account No. 01-10-31-3163-0603-5509.00-1915.

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

6. APPROVE FOREIGN LANGUAGE SUMMER PROGRAM TO VIAREGGIO, ITALY, FOR THE 1998 CALENDAR YEAR, INCLUDING ALL CONTRACTS NECESSARY TO CARRY OUT THIS PROGRAM

MSC Jensen, Dougherty

RESOLUTION 97-18845

BE IT RESOLVED, That approval is hereby given for the foreign language program to Viareggio, Italy, for Italian 101 (5 units), Italian 110 (5 units), and Italian 197A, Italian Topics (1 unit) from July 6 to July 31, 1998, including approval of all contracts necessary to carry out this program. Cost of transportation, lodging, meals, and incidental expenses is solely the responsibility of the individual students. Exhibit I-6

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

7. APPROVE EXPENSES FOR CLASSIFIED STAFF DEVELOPMENT DAY

MSC Jensen, Hughes

RESOLUTION 97-18846

BE IT RESOLVED, That the Governing Board of the Palomar Community College District authorize funds of $3,100.00 for meals/refreshments for 300 employees on Classified Staff Development Day, April 6, 1998. Account Numbers: 01-10-20-2010-6750-5596.00-1850 and 01-10-20-2010-6750-5596.00-1665.

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

8. INFORMATION: NETWORK AND TELECOMMUNICATIONS USER POLICY

BE IT RESOLVED, That the Network and Telecommunications User Policy for the Palomar Community College District be approved. It is noted that item has been approved by and forwarded from the President's Advisory Council with a recommendation for Board approval. Exhibit I-8

Bruce Bishop stated that The Faculty and Faculty Senate have some concerns about this item that they wished to share. Specifically, the third sentence which reads, "It is the policy of the District not to monitor electronic transmissions for content except when legally required to do so or when specific written permission to do so is granted by the Superintendent/President." At the Faculty Senate meeting, concerns were raised about the lack of clarity in two concepts. One is "when legally required to do so"; the other is "when specific written permission to do so is granted by the Superintendent/President." They are wondering under what circumstances it might be legally required to monitor transmissions. They were curious under what circumstances the Superintendent/President might feel it is necessary to give permission to do so. The Faculty Senate hoped they could impress upon the Board that these concerns could be addressed by changing the wording so that everything after the word, "except," would be deleted and the words, "as addressed within the associated procedures," would be substituted. This would allow the policy to state that it is the policy of the District not to monitor, yet there are some exceptions to when the District might feel it necessary to monitor, and it would allow us to better define those circumstances within the associated procedures that are now being developed in concert with the various groups on

campus. The procedures section would delineate what the exceptions would be as clearly as possible. The policy statement would merely explain that there are exceptions to the policy under which it might be necessary to monitor transmissions.

Mr. Scofield stated that Bruce's comments sound reasonable. It was suggested that this item be revised and brought back to the Board as Information/Action at the next meeting. Jerry Patton asked that Ben Echeverria and Gene Jackson take the recommendation and analyze it and bring it back when they are certain that the liability concept has been satisfied.

Tom Chambers asked how easy is it to change a procedure. Dr. Boggs stated that it can be changed by going through the President's Advisory Council, which consists of representatives of all the groups on campus and senior and executive administrators. Gene Jackson noted that the language stated on Exhibit I-3 was added at PAC. It was felt that if it is tied to the procedures, the procedures do, in fact, become a part of the policy. Then, if procedures are changed, they are, in effect altering Board policy without the Board being aware of it.

Dr. Dougherty stated that people might want to know under what circumstances permission might be given to monitor transmissions. He felt we need to be more concrete about what such circumstances might be.

Gene Jackson stated that the Task Force was aware of the concern regarding the relationship between policy and procedure and the issue that, in effect, changing the procedure changes the policy. That would indicate that the Board is saying that they agree with anything that comes with the attached procedures, which they don't necessarily look at.

Ben Echeverria noted that there is a concern that if we relegate this to the procedural process, circumstances, and applications, in fact, what the Board is doing is delegating its authority to some outside source over which they have no knowledge, control, or input. If the Board wants to do that, they may; however he felt they would act at their peril.

Bruce Bishop stated that he feels we have historically made a concerted effort to separate policies and procedures on a variety of different issues. We have left it to the Board to establish policy and left it to the various groups on campus to establish the associated procedures. The last sentence of the policy refers to the associated procedures. That language gives tremendous power to the procedures itself. Bruce stated that the Board has every right to be concerned about the establishment of a policy for telecommunications usage on this campus. It has every right and is acting appropriately in saying "it is not the policy of the District to monitor, but there are exceptions." Then the Board would trust the individuals on campus, who are appointed to do so, to come up with reasonable and appropriate procedures under which those exceptions would be allowed. The Board is delegating some authority and some trust to those groups to come up with appropriate and desirable language. By doing so, you avoid the vagueness and the seemingly arbitrariness of the policy as it is now worded, without having to add additional language to it to fix that same problem. To Bruce, the concept of "when legally required to do so" is a very broad and somewhat vague policy. And the statement "except when written permission from the president is granted" is even a more broad and unclear concept. It just makes sense that we lay out what those examples of under what circumstances that might happen within the procedures.

Gene Jackson stated that one of the suggestions that was discussed in PAC that might offer a response to Bruce's concern was to identify in the procedures a number of issues that are clearly illegal. One of the things the task force was concerned about was that we not have a catalogue of illegal activities that we are forbidding, because we are starting from the point of departure that the faculty and the rest of the College community would use the Internet responsibly. To have a long list of possible transgressions defeats the purpose of the policy.

The Task Force wanted to say that this is an enormously powerful tool that we encourage the College to make full use of, but we have to recognize that there are limitations imposed by law over which we have no control. Gene feels we need to make sure that the policy says that it is the policy of the District not to monitor for concept. He feels that is a crucial factor. If it can be clarified by defining content under definition, and he suspects that would be very difficult, that may offer one solution to this particular issue.

Ben Echeverria stated that another option would be to bring the procedures back and let the Board adopt them. If there is a gray line between policies and procedures, then they are one and the same thing; it is a matter of semantics.

Ms. Hughes asked the bottom-line reason for needing a telecommunications user policy. Ben Echeverria responded "to police it; to make it clear that when it is used, it is being used as equipment and facilities of the District for business purposes, not misused for personal purposes or for one's own private gain, or to commit crimes or torts. All of those things are occurring on the Net. All of those things occur on E-mail, and we've had a number of these instances already on campus. We felt if we just had silence out there, and there is nothing in writing that guides us as to how to administer these facilities." Ms. Hughes stated that she likes the term Mr. Echeverria used, "used responsibly." Dr. Boggs stated that there is only one key sentence in this policy, and that is the sentence that Bruce brought to the Board's attention, "It is the policy of the District not to monitor electronic transmissions for content except . . . ." That clearly states our intent not to routinely monitor electronic transmissions except when we would legally have to do so, or in the case when we might reasonably suspect either illegal or unethical behavior.

Gene Jackson responded to Ms. Hughes that another reason for the policy is tied in with the rules for computer usage that are displayed in every computer lab on campus. At the present moment, there is no Board policy that covers those rules. It is becoming increasingly complex as the various labs go on line. It is a problem with every computer on campus, whether it is in a lab or in an office.

Bruce Bishop stated that he feels this gives the District and the College an opportunity to expand the procedures that have been developed by adding to them another section that would address the exceptions to the policy under monitoring might be expected and/or triggered. He stated that we don't know in 1998 what might be happening two years from now or five years from now in terms of telecommunications policy. The procedures could be amended more easily by going through the process of PAC, not having to involve the policy-making responsibility of the Board. He feels it would be easier to list these things under a separate section called, "Exceptions," than it would be to try to guess what those things might be or to try to address them with vague language like "when legally required to do so" or "when the president says so." He understands there are some legitimate business reasons of the College that might trigger some monitoring on the part of the District. Those kinds of things could also be mentioned within the procedures. There is no mention of that kind of thing here in terms of the policy. He stated that he is not certain how you would get into that notion with this particular statement. There are a lot of advantages to working through the procedures, as opposed to trying to work through the policies.

Dr. Boggs recommended that a group be called together, including Ben Echeverria, Gene Jackson, and representatives of The Faculty and Faculty Senate, to change this into a broad sentence that doesn't necessarily refer to the procedures; but the procedures will still tell us how to implement the policy. He feels work is needed on the procedures to clearly accomplish this. The policy sentence could be modified to express in broad terms that we don't monitor except under certain circumstances. Those circumstances would then be spelled out in the procedures.

Bruce agreed that we don't need a list of those things that are already recognized as illegal.

Ben Echeverria stated that the "Catch 22" is if you can't collect the evidence because of the restrictiveness of your policy, then being able to monitor the behavior to collect sufficient evidence to present (for example, if it's a crime) to prosecute. Under those circumstances, you would have difficulty presenting enough evidence to show that there was a crime committed.

Bruce stated that he doesn't have a problem with that. He doesn't have a problem with the statement that says, "reasonable cause of wrongdoing," for example, as in Ms. Hughes and Mr. Jackson's comment earlier.

Ben stated that it was planned, in order to be able to go to some independent third party, such as the president, and present a set of facts, almost as a bill of particulars, and have him rule whether or not this is sufficient to go ahead and check it out. Many universities and colleges do it by a committee. That had been discussed but the idea was eliminated because it was felt we don't need another committee. It was the Faculty Senate's representatives on the task force who suggested that the superintendent/president be the one to go to.

9. INFORMATION: INCREASE STUDENT IDENTIFICATION CARD FEE FOR SUMMER SESSION

BE IT RESOLVED, That the student identification card fee for summer session be increased from $3.00 to $5.00, effective starting Summer, 1998, as the cost to make cards has risen since the inception of the fee. It is noted that item has been approved by and forwarded from the President's Advisory Council with a recommendation for Board approval. Exhibit I-9

It was noted that the words, "effective starting Summer, 1998," should be included in the second line of the above item.

J. FINANCIAL REPORTS

1. INFORMATION: NARRATIVES FOR FINANCIAL REPORTS

Memo from Lois Meyer, Director, Fiscal Services. Exhibit J-1

2. APPROVE EXPENSE WARRANTS

MSC Dougherty, Hughes

RESOLUTION 97-18847

BE IT RESOLVED, That the following report of Expense Warrants be approved:

General Fund $806,302.08

Capital Outlay Fund 151,338.87

Children's Center Fund 47.16

Trust Fund 3,050.26

Total of Funds $960,738.37 Exhibit J-2

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

3. APPROVE REPORT OF REVOLVING CASH EXPENDITURES

MSC Dougherty, Hughes

RESOLUTION 97-18848

BE IT RESOLVED, That Revolving Cash Expenditures, Check Nos. 11301 through 11301, in the amount of $390.13 from the General Fund, for February, 1998, be approved. Exhibit J-3

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

4. INFORMATION: BUDGET TRANSFER TRANSACTIONS

Report of Budget Transfer Transactions from February 1 - 28, 1998. Exhibit J-4

5. APPROVE REVISED BUDGETS

MSC Dougherty, Hughes

RESOLUTION 97-18849

BE IT RESOLVED, That the February 28, 1998, Budgets for the General Fund, Capital Outlay Fund, Child Center Fund, and Energy Conservation Project Fund be approved. Exhibit J-5

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

6. INFORMATION: BUDGET REPORT - UNRESTRICTED REVENUE AND UNRESTRICTED EXPENDITURES

Budget Reports: Unrestricted Revenue (Exhibit J-6a) and Unrestricted Expenditures (Exhibit J-6b)

7. INFORMATION: TRAVEL CLAIM TRANSACTIONS

Report of Travel Claim Transactions from February 1 - 28, 1998. Exhibit J-7

K. INSTRUCTIONAL REPORTS

1. APPROVE COURSES FOR INCLUSION IN CURRICULUM

MSC Dougherty, Jensen

RESOLUTION 97-18850

BE IT RESOLVED, That the following courses have been examined by the Curriculum Committee and are being recommended for inclusion in the Palomar College curriculum:

a. Course ID: Administration of Justice 119A

Discipline for minimum qualifications: Administration of Justice (master's degree not required)

119A Law Enforcement Procedures Review 1

One hour lecture-laboratory (.5)

Review of criminal procedures as they are applied by the police officer. CSU (Effective Fall, 1998)

b. Course ID: Administration of Justice 119B

Discipline for minimum qualifications: Administration of Justice (master's degree not required)

119B Law Enforcement Procedures Review 2

One hour lecture-laboratory (.5)

Review of criminal laws as they are applied by the police officer. CSU (Effective Fall, 1998)

c. Course ID: Administration of Justice 119C

Discipline for minimum qualifications: Administration of Justice (master's degree not required)

119C Law Enforcement Procedures Review 3

One hour lecture-laboratory (.5)

Review of enforcement procedures as applied by the police officer. CSU (Effective Fall, 1998)

d. Course ID: Administration of Justice 119D

Discipline for minimum qualifications: Administration of Justice (master's degree not required)

119D Law Enforcement Procedures Review 4

One hour lecture-laboratory (.5)

Review of investigative procedures as applied by the police officer. CSU (Effective Fall, 1998)

e. Course ID: Administration of Justice 171

Prerequisite validated: Yes

Discipline for minimum qualifications: Administration of Justice (master's degree not required)

171 Police Reserve Officer Level II Training

Eight hours lecture, Ten hours lecture-laboratory (13)

Prerequisite: Valid driver's license; free of felony conviction; no domestic violence conviction.

A 306-hour course of instruction mandated and certified by Commission on Peace Officers Standards and Training (POST). Includes law, professionalism, investigation, firearms, communications skills, community relations, first aid, CPR, and the role of the back-up officer. Includes POST Module A, B, and C. Successful completion of course makes student eligible for POST Module D course. CSU (Effective Fall, 1998)

f. Course ID: Graphic Communications 182

A.A. degree/certificate program (required): Graphic Communications Management; Graphic Communications Production

Discipline for minimum qualifications: Graphic Arts (master's degree not required)

182 Digital Prepress and Press II

Six hours lecture-laboratory (3)

Set up and control of printing on small offset presses. Examines offset chemistry, kinds of offset plates, inks, and offset press problems. Theory and practical applications of conventional and digital prepress. May be taken four times. CSU (Effective Fall, 1998)

g. Course ID: Graphic Communications 207

A.A. degree/certificate program (required): Digital Imaging

A.A. degree/certificate program (elective): Interactive Media Design

Discipline for minimum qualifications: Graphic Arts (master's degree not required)

Prerequisite validated: Yes

207 Motion Graphics for Multimedia-B

Six hours lecture-laboratory (3)

Prerequisite: GC 140

Exploration of concepts relating to the design and development of 2-D and 3-D motion graphics for multimedia, broadcast, and the Internet. Discussion of current technologies used to create 2-D and 3-D motion graphics. Introduction to typography and animated logo design. Maybe taken four times. CSU (Effective Fall, 1998)

h. Course ID: Graphic Communications 250

A.A. degree/certificate program (required): Electronic Publishing

A.A. degree/certificate program (elective): Graphic Communications Management

Discipline for minimum qualifications: Graphic Arts (master's degree not required)

250 Intermediate PageMaker

Six hours lecture-laboratory (3)

Introduces the student to electronic document design and layout, electronic composition, text, and graphics entry with microcomputers. PageMaker will be used to create documents that will be published via print and Internet. May be taken four times. CSU (Effective Fall, 1998)

i. Course ID: Mathematics 12

Discipline for minimum qualifications: Mathematics (master's degree required)

12 Supplemental Instruction for Basic Arithmetic

One hour lecture (1)

Supplemental instruction for students enrolled in MATH 10 - Basic Arithmetic. Designed for students who need additional review of basic arithmetic topics. (Effective Fall, 1998)

j. Course ID: Mathematics 17

Discipline for minimum qualifications: Mathematics (master's degree required)

17 Supplemental Instruction for Prealgebra

One hour lecture (1)

Supplemental instruction for students enrolled in MATH 15 - Prealgebra. Designed for students who need additional review of prealgebra topics. (Effective Fall, 1998)

k. Course ID: Mathematics 42

Discipline for minimum qualifications: Mathematics (master's degree required)

42 Supplemental Instruction for Beginning Algebra

One hour lecture (1)

Supplemental instruction for students enrolled in MATH 50 - Beginning Algebra. Designed for students who need additional review of beginning algebra topics. (Effective Fall, 1998)

l. Course ID: Mathematics 44

Discipline for minimum qualifications: Mathematics (master's degree required)

44 Supplemental Instruction for Intermediate Algebra

One hour lecture (1)

Supplemental instruction for students enrolled in MATH 60 - Intermediate Algebra. Designed for students who need additional review of intermediate algebra topics. (Effective Fall, 1998)

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

2. APPROVE REMOVAL OF COURSES FROM CURRICULUM

MSC Jensen, Hughes

RESOLUTION 97-18851

BE IT RESOLVED, That the following courses have been examined by the Curriculum Committee and are being recommended for removal from the Palomar College curriculum:

a. Course ID: Administration of Justice 170

Title: Reserve Officer I Training

Reason for deletion: Penal Code 832.6 changed effective 1-1-97; as a result of that change and POST regulations surrounding Reserve Officer training, this course is outdated. A new course (AJ 171) is proposed.

Effective: Summer, 1998

b. Course ID: Computer Science and Information Systems 100 (R.O.P.)

Title: Computer Concepts

Reason for deletion: Inactive

Effective: Summer, 1998

c. Course ID: Graphic Communications 125

Title: Lithographic Preparation

A.A. degree/certificate program (required): Screen Printing; Graphic Communications Management; Graphic Communications Production

Reason for deletion: Due to advancement in technology, GC 125 has become obsolete. GC 180 will replace GC 125 using the new electronic prepress technology.

Effective: Fall, 1998

d. Course ID: Graphic Communications 128

Title: Advanced Lithographic Preparation

A.A. degree/certificate program (elective): Screen Printing

Reason for deletion: Due to advancement in technology, GC 128 has become obsolete. GC 182 will replace GC 128 using the new electronic prepress technology

Effective: Fall, 1998

e. Course ID: Institutional Food Service Training 130

Title: Purchasing for Food Services

A.A. degree/certificate program (required): School Food Service Manager

Reason for deletion: Added a new course which replaced IFS 130

Effective: Fall, 1998

f. Course ID: Institutional Food Service Training 135

Title: Work Simplification

A.A. degree/certificate program (required): School Food Service Manager

Reason for deletion: Added a new course which replaced IFS 135

Effective: Fall, 1998

g. Course ID: Institutional Food Service Training 140

Title: Financial Management for School Food Services

A.A. degree/certificate program (required): School Food Service Manager

Reason for deletion: Added a new course which replaced IFS 140

Effective: Fall, 1998

h. Course ID: Institutional Food Service Training 145

Title: Merchandising Foods for Children

A.A. degree/certificate program (required): School Food Service Manager

Reason for deletion: Added a new course which replaced IFS 145

Effective: Fall, 1998

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

3. APPROVE INCLUSION OF CERTIFICATE OF ACHIEVEMENT PROGRAM IN CURRICULUM

MSC Dougherty, Hughes

RESOLUTION 97-18852

BE IT RESOLVED, That the following certificate of achievement has been examined by the Curriculum Committee and is being recommended for inclusion in the Palomar College curriculum:

a. Title: Kodaly Music Education

Discipline: Music

Kodaly Music Education

Courses required for a Certificate of Achievement

Provides training in the Kodaly approach for teaching children with an emphasis on the singing voice, music literacy, and the pedagogical uses of folk songs.

In order to earn a certificate, students must achieve a minimum grade of "C" in each of the certificate program courses.

Required Courses Units

MUS 240 Solfege I 1

MUS 241 Solfege II 1

MUS 242 Solfege III 2

MUS 243 Folk Song Research I 3

MUS 245 Kodaly I 3

MUS 246 Kodaly II 3

MUS 247 Kodaly III 3

MUS 248 Kodaly Choral Analysis 1

TOTAL UNITS 17

Recommended Electives: MUS 130, 115

(Effective Fall, 1998)

Ms. Hughes asked if the students in this course would probably be teachers. Bruce Bishop responded that the same question had been asked of Joe Stanford at the Curriculum Committee meeting and he had replied that they most likely would be teachers.

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

L. PERSONNEL

1. APPROVE SHORT-TERM/SUBSTITUTE EMPLOYEE LIST

MSC Dougherty, White

RESOLUTION 97-18853

BE IT RESOLVED, That the Short-Term Substitute Employee List be approved. Exhibit L-1

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

2. Item was removed from the agenda.

3. APPROVE ACADEMIC EMPLOYMENT

MSC Dougherty, White

RESOLUTION 97-18854

BE IT RESOLVED, That the employment of the following academic employee be approved:

a. Name: RENEE C. ROTH

Position: JTPA Counselor/Coordinator

Department: Worksite Education

Position #: 300902 New?: Yes

Remarks: Position approved 9/23/97. This is a promotion for Ms. Roth.

Sal Rng/Stp: D/6 Salary: $48,436 annually, pro-rated

for 97/98 academic year.

% of position: 100% # of Mos: 11

Effective: April 13, 1998

Acct #(s) 01-10-31-3130-7011-1412.00-1144/100%

Note: This is a specially funded position, pursuant to California Education Code Section 87470, service is not included in computing the service required for the attainment of, or eligibility to, classification as a regular employee.

Mr. Scofield asked if the District is planning to grant Ms. Roth a temporary leave of absence from her present position as the new position is a specially funded one that may or may not be long term. Dr. Mitchell responded that Ms. Roth is meeting with him tomorrow regarding this matter as this appointment is for only approximately 1 months. This is a permanent member of the classified staff who, for a short time, will be taking an academic, non-tenured position. In order to protect her classified rights for a short period, Dr. Mitchell recommended that a leave from her classified position be granted. It was noted that because the next Board meeting is scheduled for April 14, the day after she assumes the new position, the Board would have to approve the leave retroactively at that time. Dr. Dougherty commented that he is always delighted to see people get a promotion and get even a temporary faculty position to give them valuable experience.

The Vote: Unanimous

Student Trustee Advisory Vote: Aye

M. ITEMS PENDING

There were no items pending.

N. COMMENTS FROM BOARD MEMBERS

Ms. Olvera asked everyone's assistance in encouraging students to vote for the new student center.

Ms. Hughes commented that she has enjoyed the new format of The Telescope. It is a professional, terrific-looking newspaper.

Dr. White noted that she had recently spent two days at Fullerton College. They hosted the high school drama groups from Southern California. It was a most enlightening event. They have a beautiful, grassy area that was completely covered with hundreds of students. She wonders whether or not we have considered having such an event here as it would be a nice way to show off our campus. Bruce Bishop reported that we host two or three large high school invitational forensics tournaments here each year. Dr. White stated that we have other outstanding instructional areas, as well, that might consider hosting such an event.

Dr. Dougherty noted that Dr. Boggs, Kendra Jeffcoat, and he represented the College at GEICO'S groundbreaking ceremony for its new facility in Poway. He noted that it is important for the College to make GEICO and its 3,000 employees feel welcome to our District. They are very eager to work with the College as we have a great reputation. When you have an opportunity such as this, you need the equivalent of a welcome wagon to say to the newcomers, "what can we do for you, what can you do for us, and how can we integrate your employees into our community?" He distributed a list of ideas to further this matter to the Board members at this time. They plan to have the first 1,500 employees at work in Poway by early next year, so the time to start working on the project is now. There is an opportunity for the Poway community to say, "you people are welcome here; let's do things together." GEICO is in a position to support all sorts of worthy community activities, and we are in a position to make the transition for GEICO and its employees easier, so that they don't feel like strangers. He feels we have an opportunity to "get in on the ground floor" by putting together a group of people to work with GEICO to make it easier for everybody. After speaking with the man who is heading the GEICO move to Poway, he feels they would have considerable interest in cooperating with the College. A year from now, GEICO will also have classrooms and other meeting rooms available. Currently, Poway has a real lack of public meeting rooms.

O. CLOSED SESSION

There was no closed session.

P. ADJOURNMENT

The meeting was adjourned at 8:35 p.m.

______________________________________ President
_______________________________________ Secretary