Minutes of the


February 2, 2004




PRESENT:                             Bill Bedford, Judy Cater, Judy Dolan, Bonnie Ann Dowd, MaryAnn Drinan, Martha Evans, Brent Gowen, Anne Hohman, Barb Neault Kelber, Teresa Laughlin, Dennis Lutz, Maria Miller, Marilee Nebelsick-Tagg,  Sue Norton, Steve Spear, Sara Thompson, Fari Towfiq, Katie Townsend-Merino, Rocco Versaci


ABSENT:                               Stan Levy, Dan Sourbeer


GUESTS:                                Mike Arguello, Monika Brannick, Daniel Finkenthal, Terry Gray, Julie Ivey, Shannon Lienhart, Susan Snow


CALL TO ORDER:               The meeting was called to order by the president, Steve Spear, at 2:00 p.m., in Room SU-30.


Approval of Minutes:         There was discussion regarding a Senator’s concern with the wording relating to using the terminology, “stolen emails” in the minutes of January 26, 2004, and how it may be more appropriate to use the wording, “alleged stolen emails.” Because the minutes are a reflection of what was said at the meeting and the references made in Executive Session at previous senate meetings referring to the emails as “stolen”, it was agreed that the minutes of January 26, 2004 should reflect what was said but that future discussion should be characterized as “alleged stolen emails” as the district’s investigative task force was not able to definitively conclude if the emails were stolen or who stole them.


The minutes of January 26, 2004, were approved as amended.


Other:                                     Copies of data sheets providing information on the number of transfer students to UC San Diego and SDSU were distributed. Steve Spear indicated that representatives from those campuses as well as from Cal State San Marcos attended the January 27 board meeting.


Resignation:                          Steve Spear announced that a resignation from the Faculty Senate was received from Dan Sourbeer due to personal and professional priorities.



Appointments:                     None


Motion 1                                MSC Dolan, Dowd: To suspend the agenda to address item G, Academic Technology Task Force Report.


Academic Technology

Task Force Report:              Judy Dolan, co-chair of the Academic Technology Task Force, introduced Terry Gray, Academic Technology Supervisor, so that he could discuss the Teach Act. The Act requires that Palomar College develop an institutional policy regarding copyright. It should provide informational materials to the faculty, students, and staff that accurately describes and promotes compliance with the law.


                                                Because copyright is such an important issue, a Senate committee is being formed to specifically address the issues to bring us into conformity with the Teach Act. The Academic Technology Committee will coordinate faculty interests in all areas of academic technology and advise the Senate on issues relating to pedagogy, training, and the faculty’s use of copyrighted materials in instruction as well as the use of their own materials.


The committee will meet at least once per semester and as issues arise. Its members will be:

One Faculty Senator as Chair

Academic Technology Coordinator

Coordinator of the Adapted Computer Center

One faculty member from the Library

One faculty member of the Technology Committee

One faculty member of the Computer Allocation Committee

One representative appointed by the PFF

Two other faculty at large appointed by the Faculty Senate


The following issues were discussed at length:


·         MaryAnn Drinan indicated that there is a tentative agreement between the district and the PFF on Intellectual Property Rights which essentially says that anything that faculty produces is their own property. Unless faculty are under contract with the district and have a specific contract with a faculty member, the Intellectual Property Rights may have to be shared. In the absence of that, if a faculty member has developed something for use in their classroom that is their own personal property. This gives the greatest range of freedom to faculty to create their own materials and to use them without the district claiming ownership to them.

·         The current Board Policy is vague in relation to guidelines for teaching on-line courses.

·         Pedagogical issues and issues of training should be somehow tied to Professional Development because it relates to the issue of faculty development.


Motion 2                                MSC Hohman, Gowen: Faculty Senate acceptance of the Academic Technology Committee.


                                                The following proposed board policy and procedure for copyright were distributed:


                                                Possible Board Policy 3710

                                                The Superintendent/President, in conjunction with the Faculty Senate, relying primarily on the Faculty Senate, will develop, review, and monitor appropriate procedures to ensure Palomar’s compliance with copyright laws in all areas. In the development of these procedures, input of the proper representatives of the college community in accordance with the District’s policies regarding shared and local decision making will be solicited. The Palomar Community College District will negotiate with the Palomar Faculty Federation, CCE/AFT, the Administrative Association, and CAST about intellectual property rights.


                                                Possible Board Procedures 3710


                                                The Technology Committee will organize Palomar’s copyright procedures, designating which campus governance committee is responsible for developing, revising, and monitoring which aspects of the copyright procedures, and coordinating these procedures into one copyright manual. The Technology Committee will review all these procedures at least once a year for compliance with law, enforcement procedures, and safeguards for the college. It will report to SPC on this review.


                                                Steve Spear indicated that after Faculty Senate approval, the policy and procedures would go to the Strategic Planning Council, sunshined to all faculty and staff, and back to the Senate for final approval.


Motion 3                                MSC Bedford, Dowd: To postpone action of Board Policy and Board Procedures 3710 until February 9, 2004, to allow Senators additional time to review the policy.


Motion 4                                MSC Dowd, Hohman: The Faculty Senate approval of the creation of an 11th Faculty Senate Committee, the Academic Technology Committee, which shall include input from the Professional Development Coordinator/Board in relation to pedagogical issues and training for faculty members.


Motion 5                                MSC Thompson, Norton: To extend the meeting.


Email Addresses for

Part-Time Faculty:                Bill Bedford reported that former Senator Perry Snyder is still obtaining information on email addresses for part-time faculty. This issue will be brought back for further discussion in the next few weeks.


Senate Email Voting:           


Motion 6                                MSC Cater, Drinan: The Faculty Senate will no longer conduct electronic voting for Faculty Senate Elections, based on previous discussions on this issue.


TERB Election 2002:            Sara Thompson provided a report based on her findings following up on discussion held at last week’s Senate meeting regarding a TERB election which occurred in the fall semester of 2002.


·         The election for a position on the Tenure & Evaluations Review Board (TERB) was not held in accordance with the Faculty Manual because no alternates were solicited or appointed. According to Procedure 173, alternates should be appointed for each division; however, no senator could recall a time when TERB alternates were actually appointed.  There was agreement that this issue should be discussed by the TERB board and a recommendation should be made to the Senate to be voted upon by the faculty either to begin adding alternates to the election process or change the Faculty Manual Procedure 173 to reflect practice.

·         The elections for TERB should occur in the spring rather than the fall semester as stated in Procedure 173. They have been occurring in the fall for the past few years.

·         Because the second faculty member in the election resigned from the election, Dan Finkenthal should have been confirmed to serve his division’s term. According to the Faculty Manual (Procedure 173), terms are staggered such that half of the board is replaced in odd-numbered years and the other in even-numbered years.


·         The faculty member who was subsequently elected to the TERB should immediately be replaced by Dan Finkenthal with the Senate confirming the results of the previous elections. 


Discussion occurred on whether the position of an alternate is an elected position or if the next highest vote-getter automatically receives an alternate position after the votes are counted.


Dan Finkenthal indicated that when this issue arose approximately one year ago, he requested that another election occur appointing an alternate but it was never held.


It was suggested that the divisions be regrouped to make sure that we have them correct according to the district’s reorganization last year and that the terms be checked to make sure they’re accurate. TERB members should be notified of any changes to their terms with the apologies of the Senate.


The Faculty Senate expressed its apologies to Dan Finkenthal for the errors made in the process.


                                                Additional discussion followed on the role and reporting responsibility of the Tenure & Evaluations Review Board with regard to the Faculty Senate and PFF.  Changes to Procedure 173 are an Academic and Professional matter and recommended changes should be brought to TERB, which then brings them to the Faculty Senate to sunshine to faculty for input before taking final action.


Senate members asked that MaryAnn Drinan provide a copy of the Tenure & Evaluations Tentative Agreement between the district and the PFF.


                                                Senate members agreed that further review is needed on the many committees that are not meeting. Bonnie Dowd added that the Faculty Senate Ad Hoc Task Force is discussing this issue.


Motion 7                                MSC Dowd, Drinan: The Faculty Senate confirms Daniel Finkenthal to the Tenure & Evaluations Review Board for the Mathematics and the Natural & Health Sciences Division through June, 2004, correcting an error made in the 2002 election. The Tenure & Evaluations Review Board is directed to begin meeting according to the schedule defined in the Faculty Manual, Procedure 173 to change the meeting time and frequency, and that TERB address the issues regarding appointment of alternates.


A roll call vote was requested:

                                                Judy Cater:  No

                                                                        Bonnie Ann Dowd: Aye

                                                                        MaryAnn Drinan:  Aye

                                                                        Martha Evans:  Aye

                                                                        Brent Gowen:  Aye

                                                                        Anne Hohman:  Aye

                                                                        Barb Neault-Kelber:  Aye

                                                                        Teresa Laughlin:  Aye

                                                                        Dennis Lutz:  Aye

                                                                        Marilee Nebelsick-Tagg:  Aye

                                                                        Sue Norton:  Aye

                                                                        Steve Spear:  No

                                                                        Sara Thompson:  Aye

                                                                        Katie Townsend-Merino:  Aye

                                                                        Rocco Versaci:  Aye


                                                Senators Bill Bedford, Judy Dolan, Maria Miller, and Fari Towfiq had already left the meeting.


ADJOURNMENT:               The meeting was adjourned at 3:39 p.m.


                                                Respectfully submitted,


                                                Bonnie Ann Dowd, Secretary