Minutes of the

Minutes o= f the

MEETING OF THE FACULTY SENATE

April 19, 2004=

<= /span>

APPROVED

PRES= ENT: &= nbsp; &nbs= p; Bill Bedford, Monika Brannick, Judy Cater, Judy Dolan, Bonnie Ann Dowd, MaryA= nn Drinan, Martha Evans, Brent Gowen, Anne Hohman, Barb Neault Kelber, Doug Key, Teresa Laughlin, Stan Le= vy, Dennis Lutz, Maria Miller, Marilee Nebelsick-Tagg, Sue Norton, Steve Spear, Sara Thompson, Fari Towfiq, Katie Townsend-Meri= no, Rocco Versaci, Lori Waite

ABSE= NT: &= nbsp; &nbs= p; =

GUES= TS: &= nbsp; &nbs= p; Shann= on Lienhart

&= nbsp; &nbs= p; &= nbsp; &nbs= p;

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

<= /span>

Proxy Votes: &= nbsp; &nbs= p; None

= &nb= sp; =

Approval of Minute= s: = The minutes of April= 12, 2004, were approved as amended.

<= /span>

Dr. Amador: = &nb= sp; Steve Spear reported that at his weekly meeting with Dr. Amador, the Administrati= ve Evaluations were discussed, as well as the action the Senate has taken in relation to replacing the dean of the Math and the Natural & Health Sciences. The low number of responses to the recent call for volunteers to serve on the Learning Outcomes Task Force was also discussed. It is anticip= ated that another call will be distributed early in the fall semester to fill vacancies.

Gove= rning Board: &= nbsp; This item will be discussed under action item D, District Discipline of a Faculty Member.

Inst= ructional Planning

Coun= cil: &= nbsp; &nbs= p; Sue Norton stated that the members of the Instructional Planning Council discus= sed the order of recommendations for faculty hires in the various departments. = The group voted to prioritize the hiring of a faculty member in the physical science area, as well as two positions in the math department.

Admi= nistrative Services

Planning Council: = ; Judy Dolan reported that restoration budgets are currently being discussed at the Administrative Services Planning Council.

Reve= nue Allocation

Comm= ittee: &= nbsp; &nbs= p; Bonnie Dowd provided the following Revenue Allocation Committee report:=

= · = As directed by the Senate, she asked Jerry Patton for information regarding the differences between the cuts proposed and agreed to by the planning councils last year and the actual amount of the cuts.

<= span style=3D'font-size:10.0pt;font-family:Symbol;mso-fareast-font-family:Symbol; mso-bidi-font-family:Symbol'>· = Bonnie also reported the proposal to cut ADA positions was not included in any amounts which came forward to the planning councils.

<= span style=3D'font-size:10.0pt;font-family:Symbol;mso-fareast-font-family:Symbol; mso-bidi-font-family:Symbol'>· = According to a reconciliation prepared by Jerry Patton, which had been distributed at= a recent Administrative Services Planning Council and referred to by Classifi= ed representation on SPC and RAC, Bonnie reported that the: The Advancement Of= fice and the President’s Office both did more cuts than initially proposed. The Advancement Office did $28,000 more and the President’s Office did $10,000 more than each said they would do. Administrative Services Planning Council cut approximately $23,000 less than what they said they would do, although Jerry Patton indicated that those cuts will occur before the end of the budget year. Student Services Planning Council cut approximately $81,00= 0 less than what had been proposed and Instructional Services has approximately $880,000 less. In total, $3,1= 05,884 were submitted by the various councils with the actual reduction amounting = to $2,160,538, which is $945,346 less than what was submitted by the planning councils.

<= span style=3D'font-size:10.0pt;font-family:Symbol;mso-fareast-font-family:Symbol; mso-bidi-font-family:Symbol'>· = Bonnie reviewed the multi-paged reconciliation prepared by Jerry Patton to attempt= to identify the primary items in the $880,000 Instructional Services differenc= es to determine whether the amount is a result of faculty positions that the district has to hire because of the 50% and f/t p/t requirements. What she has determined is that approximately $260,575 are 2002-03 ending balance, which could not be cut a= gain in 2003-04 because the beginning balance is computed based upon the previous year’s ending balance, thus items can’t be verified or counted a second time. Approximately, $75,000 should not have been included as a difference as the expense belongs in a restricted budget and therefore, cou= ld not be counted as a reduction in the unrestricted budget. Approximately, $101,000 is for fac= ulty positions that have to be hired and therefore, can not be cut. Approximately, $160,000 are staff/administrative positions and $125,000 is rel= ated to Accreditation. =

<= span style=3D'font-size:10.0pt;font-family:Symbol;mso-fareast-font-family:Symbol; mso-bidi-font-family:Symbol'>· = Bonnie also reported that Jerry Patton said that he had no choice but to hold the V.P.s/Councils to the reductions proposed through the planning process as t= he books were closed based upon an ending balance which reflected $3,105,884 in reductions. This ending balan= ce was then brought forward as the beginning balance for the current academic year= so the cuts could not be taken again as they are already considered in the bal= ance brought forward.

<= /span>

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Lengthy discussion followed on the budget issue. Some senators were concerned that approximately 350 sections were cut from the class schedule last year which resulted in a huge cut in the instructional budget yet no one has itemized these cuts into a dollar amount that is reflected in the reduction that was taken by Instruction. It was = also noted that many faculty members who retired mid-year were also not included= in the reduction amount.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Another Senator noted that Jerry Patton has indicated that he would like to increase the reserves back to the 5% level. Senate members expressed concern for how this could be done given the tight budget year we are currently operating u= nder.

Acad= emic Senate

Spri= ng Session: = ; &n= bsp; Teresa Laughlin reported that SB 1335, the Academic Bill of Rights, was one of the many items discussed at the Academic Senate Spring Session April 16-18. Sen= ate and faculty members are encouraged to find out more information about this legislation as there are issues that may negatively affect faculty and clas= sroom instruction. Faculty are also encouraged to read the bill and then contact their legislat= or or the governor if they have concerns.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Other topics discussed at that meeting were Student Learning Outcomes and the need for equalization in funding throughout the state.

Moti= on 1 &= nbsp; &nbs= p; MSC Thompson, Townsend-Merino: To extend the meeting until 3:30 p.m.

Than= k You: &= nbsp; &nbs= p; Judy Cater, on behalf of all of the Library staff, thanked the Faculty of Palomar College for their kind wishes and words of support to them for National Lib= rary Week.

Hiri= ng of an Interim

Coll= ege President: &nb= sp; Senate members discussed the district’s plans to hire an interim college president. There is a list of four individuals being considered, but faculty and staff are not privy to that information. There was concern expressed about = issues that have come to light by other faculty in the state regarding at least on= e of those individuals being considered. It was suggested that the possibility of hiring Vice President Cuaron to fill the position on an interim basis shoul= d be explored.

Comm= ittee

Appo= intments: &= nbsp; None

Sena= te Elections: &nb= sp; Senate Elections Committee Chair Stan Levy asked for volunteers to assist in the c= ounting of Senate ballots. Because the elections close on Wednesday, March 28, a special meeting of the committee will be scheduled for Friday, April 30, wh= en many of the current committee members cannot attend. Stan asked the Senate for support. = Several Senators who are not on the current ballot volunteered to help with the pro= cess.

Moti= on 2 &= nbsp; &nbs= p; MSC Kelber, Laughlin: The Faculty Senate directs the Senate Elections Committee Chair to call for a meeting on Frida= y, April 30, to count ballots for the Faculty Sena= te Elections.

Acad= emic Technology

Coor= dinator: &= nbsp; &nbs= p; Steve Spear reminded Senators that letters of interest for the Academic Technology Coordinator position will be accepted through Thursday, April 22.

Curr= iculum: &= nbsp; &nbs= p; Discussion occurred on the cost versus the benefits of the Senate’s approval of Curricunet. Some Senators felt that the project should be put on hold becau= se of the current budget situation. Berta Cuaron has responded to the Senate&#= 8217;s questions regarding its adoption. V.P. Cuaron has indicated that funding will come from two sources. Matriculation funds will be used t= owards the purchase fee and general funds from the existing Instructional Office budget will help fund the remainder of the purchase fee and also the annual license fee, reassigned time, and summer stipend. Because the costs for the project can be spread over the two fiscal years, she believes it will be ea= sier to fund. No new funding is being sought.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; One Senate member suggested that, since the Palomar College Foundation took the lead in library automation and provided funding at a particular level to ge= t it started, maybe they would provide some funds for= this project as well.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Teresa asked the Senate to support the Curricunet package as presented in its entirety. MaryAnn Drinan reminded those present that release time for facul= ty members working on Curricunet is a PFF negotiations item and therefore can = not be considered by the Senate.

Moti= on 3 &= nbsp; &nbs= p; MSC Laughlin, Cater: Faculty Senate approval of the adoption of the Curricunet package excluding the faculty reassigned = time costs, which are to be negotiated with PFF.

Dist= rict discipline of a

Facu= lty member: = Rocco Versaci reported that Dr. Daniel Finkenthal’s public hearing at the A= pril 13 Governing Board meeting was not completed and will continue at the May 11 meeting. Many faculty, staff, and students spoke on Dr. Finkenthal’s behalf and the board did receive a lot of information at that meeting. Moni= ka Brannick added that after numerous requests by Dr. Finkenthal at the board meeting to hear the exact charges being brought against him, he still has n= ot received a response from the board.

Faculty Senate Task

Force Report: = &nb= sp; Marilee Nebelsick-Tagg reported that the task force appointed by the Senate to revi= ew information regarding the past Senate President’s actions in relation= to the appointment of the Curriculum Co-Chair, have concluded their work. She = read the following from the task force:

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; The Task Force of Dennis Lutz, herself, and Dan Sourbeer met last &= nbsp; Thursday. The Task Force was prepared to conduct a hearing to address specific ch= arges against Chris Barkley but the Senate chose at its = meeting of November 17, 2003, not to hold the hearing because Chris Barkley had resig= ned.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Bonnie Dowd asked for confirmation that when the recommendation was made that a hearing be held if the recommendation was made based on evidence gathered by the task force outside of the “stolen emails.” Marilee confirmed that information used to request a hearing was based upon information gathe= red outside of the emails in question. She also added that the Task Force prefe= rs to not report on the basis for determining that such a hearing be held with= out a hearing actually taking place. Marilee said that Task Force would report their evidence at a hearin= g if that is what the Senate chooses to do.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Monika Brannick added that when she was approached by the task force for informati= on then and again most recently by the Professional Procedures Committee regar= ding TERB procedures, she indicated that she is more than willing to cooperate a= nd answer any questions but will do so only in an open hearing.

Moti= on 4 &= nbsp; &nbs= p; MSC Dowd, Dolan: To extend the meeting until 3:45 p.m.

Moti= on 5 &= nbsp; &nbs= p; MSC Kelber, Gowen: That the Faculty Senate hold a hearing on the 2002-2004 Curriculum Co-Chair appointment to hear the findings of the Faculty Senate= Task Force.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; There was some discussion on whether the hearing should occur in open or closed s= ession. Most Senators agreed that because the Senate President is an elected faculty member in a leadership position, discussions regarding the actions of the individual in that position must occur in open session where all faculty members can participate in the discussion. This is in accordance with the B= rown Act as a Senate President is an elected position and therefore discussions = are not of a personnel nature.

Moti= on 6 &= nbsp; &nbs= p; MSC Miller, Bedford: To close debate.

Moti= on 7 &= nbsp; &nbs= p; MSC Dowd, Townsend-Merino: That the Faculty Senate<= /st1:PersonName> hold a hearing on Monday, April 26, 2004, regarding the 2002-2004 Curriculum Co-Chair appointment to hear the findings of the Faculty Senate Task Force.

Moti= on 8 &= nbsp; &nbs= p; MSC Dowd, Dolan: To extend the meeting an additional 5 minutes.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; The Senate also discussed whether a hearing should be held on the process and procedures of the Tenure & Evaluations Review Board in relation to conc= erns brought to the Senate by Monika Brannick and Daniel Finkenthal with regard = to their peer review evaluations. The Professional Procedures Committee was directed by the Senate to review the issues and determine whether or not the Senate should conduct a special session to address issues related to the TE= RB procedures.

Moti= on 9 &= nbsp; &nbs= p; MSC Dowd, Townsend-Merino: That the Faculty Senate<= /st1:PersonName> hold a hearing on Monday, May 3, 2004, to review the issues that have been brought forward by Monika Brannick and Daniel Finkenthal regarding the TERB process and academic due process as being investigated by the Professional Procedures Committee.

Moti= on 10 &= nbsp; &nbs= p; MSC Hohman, Townsend-Merino: To extend the meeting an additional 5 minutes.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Some Senators suggested that it may be more appropriate to hear the report from = the committee before a hearing is scheduled. Others indicated that the hearing could be cancelled if the Senate chose to do so after hearing the informati= on. Professional Procedures is meeting = on April 22^nd and again on April 26^th. The committee has contacted indivi= duals who may have some information related to the concerns that Monika and Daniel have brought forward and asked for their input. Four members of the committee curr= ently sit on the Senate; three members stated that based upon what they have heard thus far, they do feel that the Senate needs to have a special session to l= ook at the TERB procedures. Most Senators agreed that issues related to TERB procedures should be resolved before the new Senators take their seats on M= ay 10; therefore, if the Senate is to discuss TERB it should happen at the May= 3^rd meeting as that is the last meeting by the current Senate membership. It was requested that an agenda it= em be listed for a special session/hearing on TERB procedures for the May 3^r=
d meeting with the expectation that a report will be given on April 26^th= recommending whether such a session is necessary. If the committee determines upon reviewing the information gathered that such a session is not necessary, the agenda item can and will be removed.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Monika Brannick respectfully requested that Steve Spear and Doug Key recuse themse= lves from the hearing because of their connection, whether willing or unwilling, with her evaluation process.

ADJO= URNMENT: &= nbsp; The meeting was adjourned at 4:0= 0 p.m.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Respectfully submitted,

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Bonnie Ann Dowd, Secretary