Minutes of the


April 5, 2004




PRESENT:                             Bill Bedford, Monika Brannick, Judy Cater, Judy Dolan, Bonnie Ann Dowd,  Martha Evans, Brent Gowen, Anne Hohman, Barb Neault Kelber, Doug Key, Stan Levy, Dennis Lutz, Maria Miller, Marilee Nebelsick-Tagg, Sue Norton, Steve Spear, Fari Towfiq, Katie Townsend-Merino, Rocco Versaci, Lori Waite


ABSENT:                               MaryAnn Drinan, Teresa Laughlin, Sara Thompson


GUESTS:                                Berta Cuaron, 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.


Proxy Votes:                          Bonnie Dowd announced the following proxy votes:

                                                Rocco Versaci holding a proxy for MaryAnn Drinan

                                                Bonnie Dowd holding a proxy for Teresa Laughlin

                                                Sue Norton holding a proxy for Sara Thompson


Motion 1                                MSC Dowd, Levy: To suspend the agenda to discuss action item C, Learning Outcomes Council.


Learning Outcomes

Council:                                 Concerns have been expressed by the Faculty Senate regarding how voting will be handled by the Learning Outcomes Council. V.P. Cuaron was invited to attend today’s Senate meeting to hear the concerns, which are primarily related to the need to ensure that the Council will be a faculty driven process with regard to pedagogical issues.  Steve Spear indicated that Berta Cuaron and Dr. Amador are in agreement that when the committee first meets they can decide how voting will occur. It was also pointed out that faculty have the majority of members on the Council and the coordinating committee within the Council. Some Senate members feel that the Faculty Senate should make the decision on voting  because the Senate does make decisions on issues which are considered Academic & Professional Matters.


                                                Berta Cuaron stated that everyone involved in the creation of the Council does agree that it is a faculty driven process and that the 14 faculty members who will serve will provide a majority vote.


                                                Bonnie Dowd added that having a faculty driven process versus having it be Senate driven because it is an Academic & Professional Matter may not be one and the same. The Senate is not attempting to undermine the Council, but with the upcoming transition in the new leadership; a new college president and perhaps new members of the Governing Board, the Senate is attempting to have assurance that Learning Outcome issues related to what happens in the classroom are treated as Academic and Professional matters.


                                                Discussion followed on the roles and responsibilities of the Council relating to learning outcomes measurement, particularly as it relates to individual members and their areas of expertise. Also discussed was funding for the reassigned positions and the impact of these additional reassigned positions on the 50% law calculations. Berta Cuaron indicated that the district is waiting for the May revised budget before making that determination. She also noted that each of the governance councils are moving forward and making their plans for budget requests for next year. This includes any reinstatements of funds due to major cuts taken already this year as well as any additional requests the council chooses to put forward. All requests will be sent to Strategic Planning Council and then the Resource Allocation Committee. It was noted that ultimately as an institution we must figure out a way to do this as learning outcome measurements is an accreditation requirement.  Steve Spear reminded everyone that after a year the process will be evaluated.  Berta also indicated that everyone agrees that the first year is a test year and the Council process will be revisited at the end of one year.


                                                There was overall agreement that the Faculty Senate supports the concept of addressing learning outcome measurements but also reiterated the need for the district to hear the Senate’s concerns again before the Council goes forward to ensure that what is being agreed to is what actually happens.


Motion 2                                MSC Miller, Bedford: To suspend the agenda to present action item D, Administrator Evaluations.


Motion 3                                MSC Levy, Cater: To move to Executive Session.


                                                Open Session resumed at 2:49


Motion 4                                MSC Dowd, Levy: To extend the meeting until 3:30 p.m.


Motion 5                                MSC Bedford, Nebelsick-Tagg: The Faculty Senate directs the Faculty Senate President and a member of the Personnel Standards & Practices Committee to present the evaluation materials to the Superintendent/President as well as the Vice Presidents and Deans who were evaluated.


Motion 6                                MSC Townsend Merino, Nebelsick-Tagg: To suspend the agenda to address action item A, Committee Appointments/Elections.




Motion 7                                MSC Cater, Dolan: Faculty Senate approval of the following committee appointments:


                                                EOPS Director Hiring Committee

                                                Stan Levy, EOPS Advisory Committee

                                                Freddy Ramirez, EOPS faculty


Motion 8                                MSC Levy, Nebelsick-Tagg: Faculty Senate acceptance of the results of the roll call ballot for the Academic Technology Coordinator.


                                                Some Senators felt that since there was no hearing held on the allegations made regarding actions which allegedly occurred during her term as Senate President, the individual applying for the position should not be appointed to another reassigned position without that issue being resolved. The hearing never occurred because she resigned as a Faculty Senator. Senate members called for a roll call vote.


                                                Senate members were individually polled and asked to respond to the following: Should Chris Barkley’s name be forwarded to the Superintendent/President as the Faculty Senate’s recommendation for the Academic Technology Coordinator?


                                                Bill Bedford:           No

                                                Monika Brannick:   No

                                                Judy Cater:             Yes

                                                Judy Dolan:            No

                                                Bonnie Dowd:         Present

                                                MaryAnn Drinan:   No (proxy vote)

                                                Martha Evans:        No

                                                Brent Gowen:         No

                                                Anne Hohman         No

                                                Barb Kelber:            No

                                                Doug Key:              Abstain

                                                Teresa Laughlin:      No (proxy vote)

                                                Stan Levy:               No

                                                Dennis Lutz:           No

                                                Maria Miller           Yes

                                                Marilee N.-Tagg:     No

                                                Sue Norton              No

                                                Steve Spear             Present

                                                Sara Thompson       No (proxy vote)

                                                Katie T.-Merino     No

                                                Rocco Versaci         No

                                                Lori Waite               No


                                                Fari Towfiq had already left the meeting. No proxy had been assigned.


                                                After the results of the vote were announced, Steve Spear indicated that the announcement would be sent out again in an attempt to fill the position.


Motion 9                                MSC Brannick, Dolan: To move the agenda to Item J, Reports from other individuals or groups.


                                                Monika Brannick read the following statement and requested that it be inserted into the minutes:


                                                On Thursday, Dr. Sherrill Amador took a precedent-setting action against one of our full-time tenured faculty members. Dr. Amador is calling for a disciplinary hearing against Dr. Finkenthal at the April 13th Governing Board meeting based on accusations of unprofessional conduct. The charge of unprofessional conduct is based on two issues. The first issue is that Daniel Finkenthal used personal necessity leave on two occasions in order to attend committee meetings. The second issue revolves around one occasion when Dr. Finkenthal went to the TERB office and insisted on his right to view public documents.


                                                The precedent of punishing faculty for exerting their first amendment rights is extremely dangerous. The very nature of democracy depends on our right to protest, express negative criticism, and insist on access to information. If we allow the administration to discipline Daniel for exerting his rights, then we forfeit those rights for all of us.


                                                I would like to urge that the Faculty Senate take action to send a strong message to the administration that this type of action is completely unacceptable and we will not tolerate it.


                                                Rocco Versaci read the following statement and asked that it be inserted into the minutes:


                                                The District is attempting to fire a tenured faculty member. Last Thursday, Dr. Daniel Finkenthal was served with a letter from Sherrill Amador stating that the Board, at its April 13th meeting, would consider her recommendation that he be given a “Notice of Unprofessional Conduct.” Delivery of such a notice is the first step in a process that culminates in termination.


                                                The basis for this notice rests on two main points. The first is a statement by Dean Michael Rourke that Dr. Finkenthal has attended TERB meetings while scheduled for classes. As you will remember, by overwhelming majority, the Faculty Senate confirmed Dr. Finkenthal to TERB on February 2, 2004, acknowledging that he should have been confirmed after the election in 2002. Dean Rourke in response to our decision, took it upon himself to examine Dr. Finkenthal’s teaching schedule and to refuse to accept any of the provisions that he made, in association with his department chair and his students, to reconcile the conflict. Coupled with other behavior exhibited by Dean Rourke towards Dr. Finkenthal, this seems to be a clear case of a dean targeting a union activist and outspoken critic of the district, as well as undermining a decision made by the Faculty Senate. The second point rests on an incomplete group of statements that interpret Dr. Finkenthal’s behavior at the TERB office when he requested public records that had been repeatedly denied him. The perceptions offered by these individuals will be countered by the statements of other witnesses whom the District did not bother to question, and will illustrate, if nothing else, that perceptions of behavior are highly subjective and that, as evidence in something as serious as dismissal proceedings, are dangerous and dangerously precedent-setting.


                                                As PFF Co-President, I will not tolerate the District’s transparent attempt to target any faculty member, especially a faculty member who has long been a thorn in the District’s side. I hope that the Senate, the Faculty, and individual faculty members will attend the Governing Board meeting of April 13th at 6pm and speak out to defend our tenure, right to public access, and academic freedom, all of which are under attack with this latest action.


                                                There was agreement to placing this item on the agenda for discussion at the April 12 meeting. Rocco Versaci added that the item will be on the Governing Board Agenda of April 13 to be heard in open session.


Approval of Minutes:         The minutes of March 29, 2004, were approved as amended.


Election Results:                  Stan Levy announced that as a result of the recent ballot, faculty members are requesting that last year’s retirees Jim Daniels and MaryAnn Giardina-Rodgers be granted emeritus status.


Curriculum Co-Chair:           Steve Spear reminded Senate members that voting will occur next week to appoint the next Curriculum Co-Chair.


Senate Elections:                  Steve Spear announced that nominations will be accepted to fill Senate membership vacancies through Tuesday at 5:00 p.m.


Disciplines List:                    Steve Spear reported that this fall the formal review of the Disciplines List will occur. Every three years the list is reviewed to permit faculty and professional organizations to proposed changes. Changes may be submitted by submitting the Disciplines List form to the Academic Senate by October 29, 2004. Each proposed change should be accompanied by a brief explanation of the change and must satisfy at least one of the following criteria:

1.        changes within the profession or discipline;

2.        clarification or elimination of confusion and ambiguity;

3.        inclusion of new degrees;

4.        continual use of the equivalency process to hire under a specific discipline;

5.        ensuring the maximum degree of flexibility for the discipline while maintaining discipline integrity;

6.        others, as justified in the proposal.


This item will be presented for further discussion on April 12.


Resource Allocation

Committee:                            Bonnie Dowd reported that the Resource Allocation Committee met on Tuesday, March 30 and will meet again this Tuesday, April 6.


                                                It was reported that the Chancellor’s Office has asked why Palomar has fallen to below a 5% reserve.  Jerry Patton indicated that the district is preparing its response.


                                                It was further reported that Jerry Patton presented numbers to the committee on the revised budget. Non-faculty groups voiced concern at the RAC meeting that there was 3.6 million in identified cuts and hits to get the budget cuts for last year and it appears that there is approximately $900,000 that was not done as proposed by the Instructional Planning Council. Classified staff groups would like assurance that if additional cuts have to be made, the ones previously agreed to by the various councils will be made first before other Councils are asked to identify additional areas to cut.


Hate Speech:                         Barb Neault Kelber followed up with Senate members on the recent incident with an instructor and Hate Speech. She indicated that there has been some movement by the administration in their appointment of Jerry Patton to follow up on this issue because the police department is under his area of responsibility. Jerry did invite the instructor and the department chair to meet with him to discuss the issue. She added that she has scheduled some sessions with the police department to talk about what happened and to raise some awareness on how gay and lesbian identity becomes visible to us on campus and more generally about sensitivity to those issues and cultural awareness.


Email for Part-Time

Faculty:                                  Steve Spear reported that Berta Cuaron has discussed the issue of email for part-time faculty members with Vice President of Human Resources Jack Miyamoto. A form requesting an email address will now be included in each adjunct faculty member orientation packet. She has also agreed to meet with Information Services on how to best implement the process. It should be noted that this progress has been spearheaded by Dr. Perry Snyder.


Emeritus Status:                  


Motion 10                              MSC Levy, Cater: The Faculty Senate supports the vote of permanent faculty members granting Emeritus Status to Jim Daniels and MaryAnne Giardina-Rodgers.


Master Planning Task

Force for Technology:        Steve Spear stated the need for clarification in the membership of the Master Planning Task Force for Technology. Although the description does indicate that 7 faculty members are to be appointed, it doesn’t specifically state that divisional representation should be obtained.


Motion 11                              MSC Levy, Dolan: The Faculty Senate supports divisional representation on the Master Planning Force for Technology.


Motion 12                              MSC Versaci, Dowd: To extend the meeting until 3:45 p.m.


Learning Outcomes

Council:                                 Copies of the proposed announcement for the Learning Outcomes Council were distributed with the suggested changes from last week’s meeting. Steve Spear indicated that he would distribute the document to all faculty members on Tuesday.


                                                In addition to the five leadership positions on the council, there are eleven other faculty openings which will be solicited through the Committee on Committees.


                                                Senate members asked for clarity in the document that the process will be re-evaluated after one year by the Faculty Senate and the Administration to insure its mission and structure are meeting educational needs and to insure that the dominant role of faculty and the Faculty Senate on pedagogical matters is being maintained.


Dean of Mathematics

& the Natural & Health

Sciences Replacement:        Steve Spear reported that he took the Senate’s issues of concern regarding the replacement of the Dean position to Berta Cuaron. The Senate unanimously voted that the position of the Dean of the Mathematics and the Natural  & Health Sciences Division should be filled on an interim basis initially and that a committee should be convened to begin the process in the fall semester to permanently fill the position.


                                                The district did not agree to the Senate’s request and will fill the position on a permanent basis.  However, the timeline to hold interviews will be scheduled at the end of July rather than late May and early June.


                                                Senate members expressed frustration that once again their input regarding an instructional issue has been dismissed. There was agreement that since Dr. Amador will not even be here when the individual for the dean position is hired, she should not be part of the process.


Motion 13                              MSC Key, Dolan: The Faculty Senate strongly feels that it is in the best interests of the faculty that the district hire an interim dean for the position of Dean of Mathematics and the Natural & Health Sciences. In the fall the hiring process should begin with a full compliment of faculty present on campus.


Motion 14                              MSC Dowd, Nebelsick-Tagg: To extend the meeting until 3:55 p.m.


Proposed BP 6310/

6810/5030.6:                           Steve Spear reported that the policies were initially presented to the Senate for discussion on March 22, 2004:

                                                Proposed New Policy: BP 6310, Risk Management

                                                Proposed New Policy: BP 6810, Illness/Injury Prevention

                                                BP 5030.6, Fee Exemption for International Students


                                                Brief discussion occurred on each of the proposals.


Motion 15                              MSC Versaci, Waite: Faculty Senate approval of Proposed Board Policies 6310, 6810, and 5030.6.


ADJOURNMENT:               The meeting was adjourned at 3:52 p.m.


                                                Respectfully submitted,


                                                Bonnie Ann Dowd