w BE AGENDA Los Angeles Community College District TTOV ......t,:u BE AGENDA w

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AGENDAw<s Los Angeles Community College Districtvs 'ft,

TTOV hire81vd., Los Angetes.CA 90017 (213) 891-2000

ORDER OF BUSINESS - REGULAR MEETING

Wednesday, April 17, 2013Public Session 2:00 p.m.

Closed Session(Immediately Foliowina Adjournmentof Capital Construction Committee)

Educational Services CenterBoard Room - First Floor

770 Wilshire Blvd.Los Angeles, CA 90017

Roll Call (2:00 p.m.)

II. Rag Salute

HI. Reports from Representatives of Employee Organizations at the Resource Tabfe

IV. Announcements from College Presidents

V. Public Agenda RequestsA, Oral PresentationsB. Proposed Actions

VI. Reports and Recommendations from the Board. Reports of Standing and Special Committees

BT1. Resolution in Support of Marriage Equalityv Reports from the Chancellor*

« Reports from the Chancellor regarding District activities or pending issueso Presentation on Measure J Technology Projects

VI Consent Calendar*

Matters Requiring a Majority VoteBSD1. Authorize_Professional Services AgreementFPD1. ^?!i!ie-s»?iainnir?9.an?,Peve,!opmeJ?t Routine ReportHRD1. Approve Reduction of Presidents' Transportation Allowance and

Adjustment of Salary SchedufeISD1. Amend Board Rule 18110 - Guidelines for Implementation

Matters Requiring a Super Majority Vote - None

X. Recommendations from the Chancellor - None

X. Recess to Capital Construction CommitteeA. Roll CallB. Public SpeakersC. Presentation/lnitiative Reviews

1_ Overview of Bond Program Management TransitionD. New BusinessE. Adjourn Capital Construction Committee

ORDER OF BUSINESSApril 17,2013Page 2

Xt. Reconvene Regular Meeting of the Board of Trustees

x Roll Call*

Xl H. Notice Reports and InformativesBT/A. [Notice] Amend Chapter XVII, Article ill of the Board RulesHRD/A. [Collective Bargaining Informative] Initial Proposal of the Los

Angeles College Faculty Guild, AFT Local 1521 to theLos Angeles Community College District Regarding Negotiationsas Agreed in Article 1 7 of the Collective Bargaining Agreement toDiscuss Compensation Matters for 2013-2014

HRD/B. Coilecfive Bargaining Notice] Reopen the 2011-2014 CollectiveBargaining Agreement with the Los Angeles College FacultyGuild, AFT Local 1521 Regarding Compensation issues for'2013 N4'

2014

XIV. Announcements and Indications of Future Proposed Actions

XV. Requests to Address the Board of Trustees - Closed Session Agenda MattersLocation: Board Room

XVI. Recess to Closed Session in accordance with The Ralph M. Brown Act, Government Codesections 54950 et seq., and the Education Code to discuss the matters on the posted ClosedSession agenda pursuant to Government Code section 54954.5. Location: Hearing Room

XVN. Reconvene Regular Meeting Location: Board Room

XVI Report of Actions Taken in Closed Session - April 17, 2013

XIX. Adjournment

A******************************

Next Regularly Scheduled Board MeetingWednesday, May 1, 2013

(Public Session scheduled for 2:00 p.m.)Los Angeles Mission College

13356 Eldridge AvenueSylmar,CA91342.

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In compliance with Government Code section 54957.5(b), documents made availabie to the Board after theposting of the agenda that relate to an upcoming public session item will be made available by posting on theDistrict's official bulletin board located in the lobby of the Educational Services Center located at 770Wi[shireBoulevard, Los Angeles, Cafifornia 90017. Members of the public wishing to view the materiai wi!i need tomake their own parking arrangements at another location.

If requested, the agenda sha!l be made available in appropriate alternate formats to persons with a disability,as required by Section 202 of the American with Disabilities Act of 1990 (42 U.S.C. Section 12132), and therules and regulations adopted in implementation thereof. The agenda shall include information regarding how,for whom, and when a request for disabiiity-reiated modification or accommodation, including auxiiiary aids orservices may be made by a person with a disability who requires a modification or accommodation In order toparticipate in the pubiic meeting.

To make such a request, piease contact the Executive Secretary to the Board of Trustees at (213) 891 -2044 nolater than 12 p.nz (noon) on the Tuesday prior to the Board meeting.

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AGENDAms^

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LOS ANGELES COMMUNnTYCOLLEGE DISTRICTia. . "'

770WilshireBouIevard,LosAngetes,CA90017 213/891-2000i

ATTACHMENT A

CLOSED SESSIONWednesday, April 17, 2013

Educational Services CenterBoard Room ~ First Floor

770 Wilshire Boulevard

Los Angeles, CA 90017

Public Employee Appointment(pursuant to Government Code section 54957)

A. Position: Chancellor

B. Position: College Presidents

C. Position: Interim Chancellor

II. Public Employee Evaluation(pursuant to Government Code section 54957)

A. Position: CFO/Treasurer

B. Position: Deputy Chancellor

Hi. Public Employee Discipline/Dismissal/Reiease/Charges/Complaints(pursuant to Government Code section 54957)

fV. Conference with Legal Counsel - Existing Litigation(pursuant to Government Code section 54956.9(a)

A. Specialized Builder's Hardware, Inc. dba CFO Door Hardware & Security, Inc.v. LACCD, Morilio Construction, Inc., David Niemerow

B. Pugfsese v. LACCD

Closed Session

April 17,2013Page 2

V. Conference with Legal Counsel - Anticipated Litigation(pursuant to Government Code section 54956.9(b)

A. Potential litigation - 1 matter

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A .

Los Angeies Community College District

Corn,No.BT1 Division Board of Trustees Date: Apnl17,2013

Subject: RESOLUTION IN SUPPORT OF MARRIAGE EQUALITY

The following resoiution is presented by Trustees Svonkin, Veres, and Santiago:

WHEREAS, Same-sex marriage is arguably the most contentious civil rights issue of the twenty-first century; and

WHEREAS, ltjs_our re^nslb!lity,{° Protect and defend the rights of students, faculty, and staffon: issues that impact their lives on our campuses and in our communities; and

WHEREAS Lesbian gay, bisexua!, and transgender (LGBT) students, facility, and staff shouldhave all the rights and privileges that the government allows; and

WHEREAS, PFOposition 8 a state Constitutional amendment passed by voters in November2008, provides that "oniy marriage between a man and a woman is vaiid orrecognized in Ca!ifornia"; and

WHEREAS, This Constitutional provision and similar lawsin most other states prevent same-sexcouples from being married and, thus, deny them the same rights'that opposite sexcouples have to marry; and

WHEREAS, Such discriminatory laws on the basis of sexua! orientation are counter to thefundamental principie of equal protection that exists in the U.S. Constitution and thatis later defined in federal statutes and case law in relation to other imrriLftabfecharacteristics such as race, color, gender, age (40 years and older) and disabiiity;and

WHEREAS, CaiJfornia, unlike most states, prohibits discrimination on the basis of sexualorientation in an educational setting and in theworkpiace pursuant to the Unruh CivilRights Act and the Fair Employment and Housing Act, respectively; and

WHEREAS, âJiôr,nl?'SJe9iâtivân^,Nic1^ Seadership h the area of civil rights shouid beextended unequivocally and conclusively to marriage equality for same-sex couples;and

WHEREAS, The United States Supreme Coiirt will soon decide two cases pertaining to marriageequality, involving California's Proposition 8 and the Defense of Marriage Act(DOMA); and

WHEREAS, The Los Angeles Community Coi!ege District (LACCD) Board of Trustees strongiysupports marriage equality and the rights of same-sex couples to be treated equaiiyunder state and federal law; and

Chancellor and Candaele Santiago

Secretary of the Board of Trustees FieSd Svonkin

Park Veres

Pea rim an CamposBy Date Student Trustee Advisory Vote

Page of 2 Pages Corn. No. BT1 Div. Board of Trustees Date 4/17/13

Los Angeles Community College District

Corn. No. BT1 Division Board of Trustees Date: April 17, 2013

WHEREAS, The LACCD promotes an environment, on the colleges campuses and in the DistrictOffice, that celebrates cultural difference and fosters mutual respect and tolerancefor ai!; and

WHEREAS, The LACCD has been a leader in providing domestic partnership benefits, offeringsuch benefits to same-sex couples since 1999; and

WHEREAS, Employer benefits afforded to domestic partners and anti-discrimination provisionsunderstate law must not be the so!e basis of ensuring equality to LGBT individuais;now, therefore, be it

RESOLVED, That the Board of Trustees of the LACCD hereby urges the United States SupremeCourt to conclude that marriage equaiity for same-sex couples should be permittedand protected in every state in the nation; and be it further

RESOLVED, That the LACCD's community-both LGBT and heterosexual-will benefit from thecpnfirmed invaijdatJon of Proposition 8 and from the invaEidation of DOMA, bystudying, being trained and working in a truly just and fair state and nation; and be itfurther

RESOLVED, That students, faculty, staff, and members of the surrounding community areencouraged to exercise their First Amendment rights and express their support formarriage equality by holding a rainbow flag or other rainbow symbol' in thedesignated free speech area at an LACCD coiiege.

Page 2 of 2 Pages Corn. No. BT1 Div. Board of Trustees Date 4/17/13

ACTION


Corn.No.BSD1 Division: Business Services Date: April 17, 2013

SUBJECT: AUTHORIZE PROFESSIONAL SERVICES AGREEMENT

Agreement with Gonzalez, Quintana & Hunter, LLC., to providelegislative advocacy services. The firm will assist and support existingadvocacy efforts on behalf of the Los Angeles Community CollegeDistrict (LACCD) focusing on immediate legislation impacting theDistrict.

Background: Gonzalez, Quintana & Hunter, LLC., has extensiveexpertise in working with the State of Caiifornia Assembly and Senatewhich will serve the LACCD in these efforts during the period of April18, 2013 to October 30, 2013, inclusive, at $9,000 per month. Totalcost not to exceed: $63,000.

^ <^^^)^KX$^(^ ^L/"^^Recommended by: ><X^ K^. Approved by:.a

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Adriana D. Barrera, Deputy Chancellor baniei'J. LaVista, ChanceliorChancellor and

CandaeleSecretary of the Board of Trustees SantiagoField SvonkinPark Veres

By: Date Pearlman CamposStudent Trustee Advisory Vote

Page of Pages Corn. No. BSD1 Div. Business Services Date 4-17-13

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Los Angeles Community College Districtg

Corn.No. FPD1 Division FACIUTiES PLANNING AND DEVELOPMENT Date April 17, 2013

SUBJECT: FACILITIES PLANNING AND DEVELOPMENT ROUTINE REPORT

Action

Authorize Amendment No. 4 to Agreement No. 4500176403 with URSCorporation to provide an extension of time for continued programmanagement services from May 1, 2013 to May 31, 301 3 at no additionacost.

Inclusive of this proposed amendment, the total amount of this agreementfor the full contract term is not to exceed $21 ,664,801.

Background

This agreement was authorized by the Board of Trustees on March 21,2012 (Corn. No. FPD1) with the allowance that it be extended as neededduring the Request for Proposals (RFP) process for a new iong termprogram management agreement On April 3, 2013 (Corn. No. FPD1),the Board of Trustees authorized a new long term program managementagreement with AECOM Technical Services, Inc. This proposedamendment provides additional time to complete the transition to AECOM.

Funding and Development Phase

Funding is through Measure J Bond proceeds. Program Management40J.5J90.05. All Phases.

Si^̂)^Ji>^<Nfl^̂ Y^ 4 zRecommended by: ^MÂpproved wû^-?J,by:

Adrians D. Barrera, Deputy Chancellor ^n^-La^/ista/ChancellorChancellor and

CandaeleSecretary of the Board of Trustees SantiagoField SvonkinPark Veres

By: Date Pearfman CamposStudent Trustee Advisory Vote

Page of 1_Pages Corn. No. FPD1 Div. FACILITIES PLANNING AND DEVELOPMENT Date 4-17-2013

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ACTION:*BS

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Los Angeles Community College Districti

Corn No. HRD1 Division: HUMAN RESOURCES Date: April 17, 2013

SUBJECT: REDUCTION OF PRESIDENTS TRANSPORTATION ALLOWANCE AND ADUSTMENTOF SALARY SCHEDULE

In consideration of the acceptance of a reduced local transportation allowance of $500monthly, authorize the establishment of a corrected Salary Schedule for College Presidentseffective July 1, 2013, with placement of the applicable executive incumbent on the samestep except as may be subsequently authorized pursuant to evaluation processes. This shaf!also apply to other executives placed on the same salary schedule. Additionally, authorize acomparabie reduction of transportation allowance and adjustment of salary for the DeputyChancellor.

Proposed Adjusted SalarvJSchedule

Step Monthly Annual

Salary Salary1 $14,638 $175/6522 $14/883 $178/5913 $15,132 $181/5844 $15/386 $184,6305 $15/644 $187,7306 $15/907 $190/8877 $16475 $194/1018 $16,448 $197,3729 $16/725 $200/70210 $17/008 $204,092

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.uw.\""^n-^RecommendedMichael Shanahan,^r Associate Vice ChancdlorHuman Resources

^ X) Â^^bj^-t^ ^.Recommended by: (^^SL^- Approved by, ^>

Adrians D. Barrera, Deputy Chancellor îellJ.âVista, ChancellorChancellor and

CandaefeSecretary of the Board of Trustees SantiagoField SvonkinPark Veres

By: Date Pearlman CamposStudent Trustee Advisory Vote

Page of 2 Pages Corn. No. HRD1 Div. HUMAN RESOURCES Date 4-17.2013

TrusteesLos Angeles Community College District

Corn No. HRD1 Division: HUMAN RESOURCES Date: April 17, 2013

Background: This action WJH not result in any net increase or decrease to compensation.College Presidents and other executives who are employed by contract pursuant to EducationCode section 72411. The established provisions of the contracts for regular College Presidents,Vice Chancellors, the Deputy Chancellor, and the General Counsel include a provision thatsalary may not be reduced during the term of the contract, and include a local transportationallowance of $1,530 monthly. Comparison with compensation for other, like districts inCalifornia show that the presidents' salary rate is substantially below average, but the ioca!transportation allowance is above average. This action will appropriately allocate these twoforms of compensation. Adjustment of Deputy Chanceilor's current allowance and salary isincluded because there is no salary range for the position of Deputy Chancellor but a similarreduction in the transportation allowance is desired.

Page 2 of 2 Pages Corn. No. HRD1 Div. HUMAN RESOURCES Date 4-17-13

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Noticed: April 3, 2013Los Angeles Community College District

Corn. No. !SD1 Division Educationa! Support Services Date: April 17, 2013

Subject; AMEND BOARD RULE 18110 - GUIDELINES FOR IMPLEMENTATION

Amend Board Rule 18110 as foilows:

18110. GUJDEUNES ÔRÎMfLÊ-NHD?^. ,fo.r_PurPoses °| J,nterPretal°^^ thJLCAaP!eJ:;..t^Board adopts the attached Gi^defes for Implementation of Sections 53200 to 53207~of Title 5of the Administrative Code of California These guidelines were agreed upon by "the CommunityCollege_Leagueof_Califojnia^nd the statew^ Academic Senate for CalifsColleges. In the evenUhe Community College League of California and the AcademicâteJor^fomac-tVCO"ec'es revise the G"^""es, the BoaSa^the most recently revised Guidelines.

GUIDELINES FOR IMPLEIViENTATON OFSECTION 53200..53204 OF TITLE 5 OF THEAD1VHNISTRATIVE CODE OF CALIFORNIA

The Rolo ofAcadomic Sonatos in the Cslifornia Community Collog es

QUESTIONLWhat noods to bo dMO to imPlomonttho ncw rogulationc to ctrongthcn localacademic senates?

^j!!âr^?-^^dto!a^^tîit^l^9êt^£d"o^^?t^^ta^t^â^^^m^;S iu=53Ein_tormG of how tho dictrict carrios out tho regulations. Difforont boards anddiGfrictsmayincfudodifferent amounts of procodural dotail in diotrict policioB. (However, sco rocommondationoin~thothird and fourth anowQrc.)

?L..?î^Ti[?^:.-ln-?doptinA,nov!f,pol.i.?i(?? on acaômic and profossional matters, doos thegoverning board have to moot directly with the-&ewrte?

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Recommended by: J ^.^ fi -.c:^ )^LJ^£^<^/ .?

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âsmin Deiahoussaye, Vice Chance!!o Donald Gauthieir President, DAS£?

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iRecommended by: A9^ Approved by: lc^/^L^Âdriana D. Ban-era, Deputy Chancelior Dani(7!/d, LaVista, Chancellor

Chancellor and Candaeie Santiago

Secretary of the Board of Trustees Field Svonkin

Park Veres

Pearlman CamposBy Date Student Trustee Advisory Vote

Page 1 of 19 Pages Corn. No. I:SD1 Div. Board of Trustees Date 4/17/13

Noticed: 4/3/13


Corn. No. ISD1 Division Educational Support Services Date: April 17, 2013

^j^ro ^04",m^tbhoear^?t""^lthdec^^^"1y°of3^1dc1^g"oa^°a^^^^Sôn^!ankcdbacic.^ ma P0^^0^^^ the rocponsibility-of-thed.Mig.ncooto.communicato with.tho'r rooPoctivo constitucncioo on an ongom'gbacfc co'aoto best represent them in the devclopmont of poficios.

^.^c^â^d-^ltr^ttti^^c^tH^Jad^?^f9"^^t-'^^^"^^0^^^^

different approach used for the different mattoro?

Either one of the procodures can bo used to address each of ttio ton arooG defined oc academic

ton "academic and professional mtteFs.

4^,S^f?I19Jî^hvo^?.ii'?^whJ?!!i>!!.h^5=?lô.co?ses in thor®g"îons ("rely primarily" 01mutual agrocmont") should bo used on a given issue?

I!!?tI^?I-g-c!v^î!??-l?^'=IJÔVCr.'..^l?_roc?m!rendcid th1at4he~te"caf®9orios of acadomic andSSKi^ZKr;;K;;."^££ESKS;dealt with according to which prococo. Thoao may then bo included in adoptod policy.

5^S?i^"LI?JlLif:lh?10Y?r^ln9^^.ch?osos,tho.?.ptiot? to"rcfy primarily" on the advice of theacademic senate in any of the ton dofinod aroac of "acadomic an professional matters," is theboard required to accept tho recommendation of the oonato?

No. Title 5 regulationo cloarly ctato thot En most cases under the "reiy primarily" option therocommondation of the academic conato will bo adopted. Howovcf,-thewê-conditionG'undc»which the tecal board may nood to make a dccicion difforont from th'o sonato'o ro'commondatiefl.(See next Question and Answer)

^^^JSJ,f.?l!lI^^î?L?o-^Tlni,^?Ld..-whîl,.choo£io.° tho f(roly Primarily" procodurc is^^^y=!^£^^S^^cornpolling reasons." What do those moan?

I?S ^la*tL<^ld..cLn?LdF-fil?!Lt?S !?rI^B.lfcx?OPti,°?aJ, CJ-rcum5?anGOG" and "compolling roaconG/and those terms arc not intended to_havo a logal dofmitioH-Fbese tormsmoant'hat'bMrdcmuot

^??s??a;1,a^;iîi:;;;;;,;..',;as=£S£explanation for the docicion in an accurate, appropriate, and rolovant-wntext,

Boards-t®mptod to .rcjoct,arocommendatlon mi9ht; instcadi asf< ô sonato to roconsidor therecommendation in light of the issues that have not been rocoivod trihe-teewd'âtt&feettm;

Page 2 of 19 Pages Corn. No. ISD1 Div. Board of Trustees Date 4/17/13Noticed: 4/3/13


Corn. No. ISD1 Division Educational Support Services Date: Aprii17,2013

I:^9-UJ^Ti°?lL^ ??^l°? ??_vor.nJnclb??r^whiGh ?hoosos th,o"mutual agreement" procodurc iosupposed to roach writton agrcomont with tho Gonato in any of the ton dofincdaroaG of "acadomicandprofossK)nal" mattoro. When may the board act if it io not able to rcach'mutual agroomoniwith the academic senate?

ag^^CTtJrt^^t^ôimypc^hg^Jti^Mta?rt5?gS?îo^^?sr?MK£;£'s;!;e=azaSs3Sboart decision must bo baocd on a clear and oubGtafttiwattenale which putGthocxplan^^^^the decision in an accurate, appropriate and rofovant context.

8. QUESTION: When there is an existing policy, is the board pormittod to act without mutualagreement?

?,(LJLth£r?.J!..!!? ?^tJn^^°^yLth3! p.c!licyîmpiy ?.tayG ir!.offcct until mutual agroomont ioK^;sz,S3£<a;s;n 'âssasiE&sy^^ysy^^v^described in question 7 above) without waiting any longer for agroomont

?L-.?«llÎ19?liL.Th.oi-!!?^y?!-?-?=T?n10^t"^ro.God?jrca,pp?^s tocontam dc ^cto ability to blockchangos in policy when an pxioting policy'io in placo by failing to agroo to noododact'fon: Whatwould happen if this occurs?

L^?.ul^f?ia-^fa^hî^^h?ô-g.uJationG.in<or<??rto.block.ch?nSO.S '"pof'cywhenan oxistEngp°"cy.ism.plac°by!i"l'"g-t.°_a.groot°"°cd.(!d,acti0"- A °.onatc f;lcod with a board which'rofuGcS?Lf?i!!!? .p.a.rti?i.pa-t.o_o.r,-^?s."Tt.cono^,ctiv?ly.ln tho a?omP! '? roach mutual agroomontmays^:;:»%;;^mK M";i>°sattass=£^Gi;lt.^strucuvc!y;.!tJ!.îkolythatoithm:thc,chanccH0'- °r -°"rt woSld-obJoct^board which takes action without mutual agreement under those circumctancoG.

il^pr^fJlfûltâi"ntîtt^realthbaMh^h^fo syî?^loscct?v^âr^cai^legal, scope of bargaining? Can the local board-accopt rocommo'ndationoyrom the acadcmiesonatcôr roach agrccmontG with the academic conato which cortFa4tet^&of!octivo'bargainmgagroomont?

li?^ ?i"^rercîii?tc^ q)l?ef^l!i1)^nv?hiJlhlb^l^mLn?hô^l^cfl^^^^^9^ t107^l50d;i5n^change ^"vt-J.wgaming law (i o EERA Govornmont Code Soction 3510 ot'Goc:) no7'thc"icgaiEa^=aS^^'"aa ss^ssssS; Board of

betweeicoliective bargaining and district governing boards."

Page 3 of 19 Pages Corn. No. SD1 Div. Board of Trustees Date 4/17/13Noticed: 4/3/13


Corn. No. !SD1 Division Educational Support Sen/ices Date: April 17,2013

lli:?u!?J^:,..cfLrm-b??rd_a?d "T?n th[ou9h a colloctivo bargaining agroomont change opoljcy^provioucly adpptod by a board based upon rocommondation of thc'a'cadomic wnate'o,mutually agreed to with the academic senate?'

Y^^??,?Ô^Jll??.r?JLrialolît!1J!1.^h^s^^0 ?^??li?ctive bargat?ins lraybo no90tiatod bctwoot;^vo banning roprocontativoc and Strict govcrni,,g boSrdc-rogo^^-of-p.viouopolicies.

^^JJ^Jf2rlL?/!a^,th(L(lolicct,lvc bargainin9 agent delegate matters within the scope ofa'M'ssâa^ssyss;^Yes, to the oxtonf permitted by coHoctivo bargaining laws. The regulations stato that the intent isto "rospoct agroomonto botwocn acadomic conatcG.'and coHoctivo"bargaining roproGontativco:::"'

13. QUESTION: IWust the district consult collogiaHy on the administratEve organizatEon chart of thocollege?

tNi^ s^c t(?foth3dS^tir^lt3sti?cn£p8oî?bli!^°t<^ mcaoyn^ltaclSl^tg°ral^r' ?ifht:hrc^c£lsOTno3rtn:ance but is <>utskte1iL<?^J5-II<^: :-^.o?-o^,o^^..t_h^.t??. a.roaJS_.of <,<acad°T'(?; alld Pr9foss'o"al mattorc" EcproGossosformstitutional planning and budget dovclopmontG." Dooo^thiG'rogukition'rclato to

the institutional plans and budgoto thcmoclvos, or only to the procoss by'which'plano'andbudgets arc dovofopod for prosontation to the board?

ILe/^f-3t.i?rt.roJ^to?-.on,iy.t.0 th.<? Pro.ccss" Ti?9 acaclcmic sonato's role is in helping to shape thoSMCWW ucodfordcvotoPin9,thcP!ano ""d-b.^t^beêr, upon bythcgo^ming-board:The board is not roquirod to oithcr-roly primarily" on the oonate-s rocommondatienwwaeiagreement with the senate on the plans and budgets thomsefves.

15/-?.^?!L^-:iLaJ???J^?ard-vlolatos_%? regulation.s' wilithG stQto Chancellor's OfficQintervene and/or investigate the case for possible noncomplmnco?

.p.^?bly^<??:-Yv^t^? <?.hon<?)IJC!r'.s.officF îl! probabfynot bocpmc invoivod in a single JGGUO^^^d!owaâwboarddnc^,^n °f violating tharcg^t?cno:ibeChancellor's Office has tho authority to enforce compliance.

16. QUESTION: Do these regulations have the force of law?yjLS;iJI:?-d-i^cl!?Siir?^!~«n^mQJ(?a good faith offort and does not ultimatciy abide by thocoregulations it would be in violation of law,

!^?JJJE?JJOhl:-.vvha1Lpovvors.do t,he Boarctof Governors have to onforce Titfo 5 roguiationc suchas the ones on strengthening local senates?

Page 4 of 19 Pages Corn. No. iSD1 Div. Board of Trustees Date 4/17/13

Noticed; 4/3/13

Los Angeles Community Cotiege District

Corn. No. ISD1 Division Educationa! Support Services Date: Apri!17,2013

Education Code Soction 70901 mandates that the Board of Governors octablJGl t

mmimun

conclitlonLontit'in?dictr'GtG torocoivo ctato aida Currently thoro^rc GomoJS minimum conditioncthat districto must moot in order to rocoivo otato funds: The Board of Govornoro coi withhold

S^ro^^?Lst^t^=d-^n^^t.osJabnGh?d.-m^minimum conditions [s adoption of procoduros consistent with sections 53200-53204 of theAdmmistmtivc Code ThuG ono of the minimurrt conditionG that dictrictc muct GubGtantiaHy moctin order to receive state aid is to strengthen local academic sonatos oo per the now rogytatioft&:

18. QUESTION: ff a Jocai sonato fools that it has oxhoustod all cincoro intornal efforts to workcooporativoty with the local govcrmng board and bolicvco the now rogulationc contmucto'boignored, what remedies can bo sought?

?i1s.tl ^ SJ???I?d?-^c?d-<i.n1^-s.cna?eJh,ould-be,con.t.aêd !?r usof!J! ?dvJ^ and diroct SUPPort./MSO, the Sonato can moko oomo initial contact with the Chanccllor'G Offico to cook mfomairesolution if pocsiblo. Tho Acadomic Scnato hac octabliohcd a Standardc andI PracticocCommjttooHiat will bocomo incroaoingty active in documenting, publishing and acting in theresolution of senate rolo issues.

SO-c?-n?l.yiiLth.? Loâlao.3.do?J,c,o,onat? !)?Jiovo£lhat th,9f° i^.ciloar and conGiGtont noncomplianco,the local senate may contact the Legal Affairs Office of the Chancollor's Offlco.

l!t,ÊÎI^L^?^t^lo/JILltr^£r^^.K ô^»t!!?,Jl^LC!^nûd^mo?.of th^Z£S;K=?S£S;SS"i '""M "m ."""'""?!?:-. Jêe^'JJ1?.roiar<ôth?r rf?slu!a?ions and !aws which addrcss thc participation of the public,students, staff and unions in district govewawe.

20. QUESTION: Should the advice and judgment of the acadomic oonate bo accorded groatorv^5^^ntf?^r^vôo"and"JU*d9m^nt groups 3nd constituoncics in connoctio! wrthacademic and profossionaf mattoro?

Lci!:,^bi^S.lu^tJ?n^lo:,J1L?.n5f t2Lthc-.int5nt??ft!?a regâtioPG'?to onsuro thQt» whiiQ all^;K=.^SM;;%y,^-!sss?sscollegially" with the senates, as described in those guNetifte&r

GUIDELINES FOR IMPLEiVIENTAT!ON OFSECTION 53200-53204 OF TITLE 5 OF THEADMINISTRATIVE CODE OF CAUFORNIA

Source Document: Participating Effectively in District and College GovernanceThe Academic Senate for California_CommumW Colleges and The Community^Heae

League of CaliforniaFall 1998


Los Angeies Community College District

Corn. No. ISD1 Division Educational Support Services Date: ApriM7,2013

INTRODUCTION

fohôô^'£?e^^^ ^? â^|efco^'5atî^^c^l?t|^wr^t^ dê^DeîrfaÔfficers. o[ the CaJlfornia Community Colleges (CEOCCC) and the Academic "Senate rf~ theCaljfonm Community Colleaes. They have been endorsed bv the boards of directors'o'ftheCCCTand CEOCCC and by resolution of the Academic Senate for California Community Colleaes: Theguidelines augment ones developed in 1992 by a similar joint task force

The guidelines are grouped by issue area and are in the form of questions and answers. Thequestions and, answers are nonntende-d to, cover all situationswhidLm^beôuB^âddress questionTmost frequently raised. In the answers_diveiofiedê2]^^^^refers to a good Dractfce.ût one that is not required. The word "must" indicates "the actionoutlined is required by law or state reQulatiorL

The purpose of the guidelines is to Drovide assistance to trustees. CEOs. academic senateleaders, adminisfrators .classified staff and students which wilenabjejhem.to fulfill the intenfofeffective DarticiDation in local decision making as delineated in state law and Boardof Governorsregulations.

PART I. THE LOCAL BOARD POLICY ON COLLEGIAL CONSULTATION

1. QUESTION: What is meant by the term "shared governance"?

^!?!lr?? f[?v£T-a.t!icTl' is-n.ot.a,t®_r7.that apDear?ln taw or reaulation. Education Code §70902(b)f7)calls on the Board of Govemorsôenact regulations to "ensure-facultv. staff; an32a3heriaht to oarticiDateeffectiveivln district and colleae governance" and, further. to ensure'"the rightof academic senates to assume primary responsibility formakina recomm.ndation^n the'areasof curriculum and academic standards."

The intent of the Legislature En enacting this section of AB 1725 was "to authorize moreresPonsibnitV.forfacultY,members in duti^.ât are incidentaljp their-prH.ary-profes^duties" and to assure that "increased^ faculty involvement Tii institutional'aovemance" anddeclsio".ma,k.ina".does.nofconfl.ictwithfac"ltv riahtsin collective bargaining (S'ection~4n): fh'isshared^ involvement m^he decision making process does not necessarily implv'total agreementnor does it abrogate the ultimate decision making resDonsibilitToTth^locahSovemma board

T"le 5^51023-7 and.52023.5 state requirements for the "effective participation" of students andstaff. resDectivelv. in the devefoDment of recommendatEons to the aovernina board. fitfeSSSsidsrequires the governing board1o-"consult coHeaiatlv" with the acaciemic senate'onacademic'andprofessional matters (defined En §53200).

Consequently, ^the more precise Jerms cait for _the qovernEng board to assure effectiveparticiDation of students and staff and to consult colleaiailTÎiTicademicZsenates "Laterauestions will give auEdance on these two processes. The term "shared aovernance" can'taklonmany meanings and it is suggested that its use be curtailed inlavoFofthemore Dreciseterms



Corn. No. ISD1 Division Educationai Support Services Date: Aprii17,2013

2;-..<?H^S-T19N:.what l?.eeds ??b? don.e bY locai boar'ds and acaciemic senates to implement the^J!lo.n-s.l?,l"!ê--ria-hl°,f,acaîc.sePate;to.as^me.?rim-aroresDO"sibit^^recommendations En the areas of academic and professional matters?

The-?en=a,t®.?n_d.t!1e ioca1 bo?rd oritsdeslQnee (usually the chancellor. superintendent/presidentor President and senior administration) need to "consult colleaialfv" on the developmenLormodificationi of the dFstrict policv for board action to impiemenf the reaulafions. This Dolicvânb^cKa! âstater nt that the district^lofie.teôrdingjo the provisions of Title 5§§53200.53204) or more specific in terms of how the district carries out the reauimSboards and district^ may include different amounts pf_ Drocedural detail in "district'Dolicy'However, see recommendations in Questions 4 and 5 on selecting relv B"^rN^m^lagreement options.

3. QUESTION: In adopting or modifvinci policy on academic and professional matters, does theaovemma board have to meet directly with thesenate?

No. The goyernina board and the senate may each designate appropriate representatives as theirvoices jn^the mutual development or modification of policy on academic andDrofessionalmatter. !^ is tiie responsibility of the desianees to communEcate with their respectiveconstituencies on an ohaoina basis so as to best represent them;

4. QUESTION. The regulations list eleven areas defined as academic and professiona! matters^<^rcL=»ro^res nw OWI^M^^n^^

areas. Those procedures Include either to "rely. primarily upon the advice and judqmôftheâ?S?Jl!?-rt?tfu' ?j]?7<Lea?tml;tuaL?aêmen.t" M,usta lo(:al board se'ect only one procedurefor addressing all of the.identifiedacademic and professional matters or canlhereje a differentapproach used for the different matters?

Either one of the procedures can be used to address each of the eleven areas defined asacademic and DrofessEonaTmatters: the procedure need not be the same for aii-eleven;1t'is^commended, although noêauired. that the specific procedure selected be jdentified En Dolcyfor each of the academic and professional matters.

5mu?Î!r(^L^°\clei,c-?,Ti l??i?.L^f ê^.^T^!?.!s^t^ âLlla-t[?.ns.rrefv, Drin;arily" or.mutuaâqreement") shouid be used on a given issue relatecTto academic and proieônal

matters?

The local aovernina board. However. it is recommended that the eleven categories of academicand professional matters listed in the regulations be the subject of local discuôn^soihaÛconcerned will know in advance which issues will be dealt with according to which"Drocess

hese may then be jnduded in adopted pqHcy,

^-:^f,SJJ9?f.:x.vYt1yJ!L!Lre??.n1m?nd?d t.t1at.tl?e aovermna board poli<;y specify either the relyprimariiv or mutual agreement mode of cofleaiai consultation for each of the eleven academic andprofessionai matters?



Corn. No. !SD1 Division Educationai Support Services Date; April 17, 2013

i-n^D^??rincIJecomme.l?d.?-tion? to.t!1e c'ovemlnci board, it is necessary that ail parties know inadvance their resDonsibilities for determining recommendations. It is im'Dortantfo'r'th'eaoveminaboard to communicate its ex sectations for the process of develoDEna recommendattqnsJPnoragreement on process has the advantage of allowing the board to focus on'the'contentofrecommendations rather than on DroceduraMetajis;

PART II. ACADEMIC AND PROFESSIONAL IVIATTERS

L_9^?TION: The/eau.iati,o,t?s list e.lev^n are.as d?fined as "academic and professional matters."What is the scope of each of the academic and professional mattersS

I?Le-i!êr}L(?f-t!1eJist.of.acader?1lc a!1d Drofessipnaf matters is to state more specifically thebreadth of the legal requirement for the academic senate to assume primarv resDonsibiiit'v for"a,.^mmenclations..on :^^ ^. academic standards" .fEducationSS70?01(b)(7)1. These-auidelines do not attempt to further definejhejstof:academic'andprofessional matters. Often it is the context of the issue which dejerminesiUt is an'academic andprofessional matter: ^ assist in this, determination,,the comDanion docum.£êôsS±q ,îwJaw^JLDî^-d.5S^gTce^S«^2Mrticular issues ancT^ good Dractjce for their resolution throuah coHeaial cons'ultation^^^,t! ^^,'temômâc!d^-Mte^^êr^Wl-î.aareeo.n-addinaother is.s"e,s.asbeina subiect to co"ec"al consu.ltation. Academic'senates.'alongwth_aovernmaboards-and their desianees. are encouraged to establish Drocesses through whichthe status of any Issue as an academic and professional matter is determmed

8. QUESTION: Is it helpful to have a process by which issues are determined to be an academicand professional matter'?

y?s' s??êi?-ca^rnic and ?rofessEona.1 matters, are ,br?.a?En scope, it is important that collegesand districts have an aareed-UDon mechanism for clarifying when an item is an'academic'andDrcfessjonal.matter-and.thus7eauinna COIfeaial consultation. Good Dractice for develoDJna N5mechanism uwolves agreement between the academic senate or its reDresentativeteTand 'theboard or its desianee.

9. ^QUESTION: One of the eleven areas of academic and professionai matters is district andcolles e-?oyemance.sAryctures- as.related tofacultv roies-lv!ust the district cons"lt coHeaialivonh

the ac ministrative organization charfbfthe district and/or collea^?

?l?.^H?vf-tt? Ladn1JnJ?trîon is oraal?iz®d r?ay.be a matter for wide participation by the affectedDarties but..'s.outside^the,SCOGeof the dlstrict^ resDonsibjlitv to'consuif'colleaiaiivwith'thesenate.However, orqamzational changes which affect academic and professional maSSSucgascurriculum or faculty roieinaovernance would require consultation with the'academi^niii

lo*,QUEST19N:.AI?.?t(ler °.ne. of.the efeven areas of academic and professional matters isDrocessesfonnstifutional planning and budget devefopment." Does this reauTation reiate'to'jhe

SS^S^SffiSS °r«"u -b" TO- ." "hlch '.'"" "nd ^ s

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Corn, No. ISD1 Division Educational Support Services Date: Apri!17,2013

The regulation relates only to the process. The academic senate is to be consulted coileaiallv in;sah=% £to.ds=sr i?^ s?'£,^,-a- r^s:recommendations or reach mutual agreement with the senate on the plans anT^themselves.

PART IH. MUTUAL AGREEMENT AND RELY PRIMARILY

11. QUESTION: If the aovemina board chooses the option to "rely primariiv" on the advice of theacademic senate in any of the eleven areas of academic and professional matterajsjhe boardrequired to accept the recommendation of the senate^

N-o-'-I-it-!e-5Lr?.aulatio?s cleal;iv state that ^..n?ost cases under the "rely primarily" option therecommendation of the academicsenate will be adopted. However. thereareMnditions'unde?which the focal board mav-need to make a decision different from the senate's recommendation

he circumstances covering such a decision are addressed in the next Questiory

12-.QUESTION: A ,district clover"i"q board^ which chooses the/'relv primarilY" procedure isnormally supposed to accept recommendations .of the senate in any of the eJeSnS3academic and professional matters unless there are "exceptional circumsSa"compelling reasons." What do these mean?

1!^ Î?tiÎ1^d^rrlolêfJI3^1tLêliT£L^C^Dti?.n^1 ^S?fIat!C.^L?t\l ^con1?eillna/?,as°PS-"and these terms are not intended to have a legal definition outside thecpntextofthis'iaw(However, these reaulations do have the force of law. See Question 35.) These terms mean thatboards must usuaifv accept senate recommendations, and that in instances.where "arecommendation is not accepted the reasons for the board's decision must be in writinalindbased on a clear and substantive rationale which puts the explanation for the decision m"anaccurate, apDropriate, and relevant context

Boards tempted to reject a_ recommendation might, instead, ask the senate to reconsider therecommendation in light of the issues that have not been resolved to the board'ssatisfaction onncases in which the clarity. accuracy or completeness of the recommendation needs imorovement

^3:.9UJES.TJON:_A.distlyt Qoveminci board which chooses the "mutual agreement" procedure issupposed to reach written aqreemenfwith the senate in any of the eleven areasjrfacademicandDrofessional matters. When may the board act if it is not abte to reach mutual aqreement'withTheacademic senate^

Ltr^ftit?f ?fot^t'^ o^vnJi^nrl^LltE?i!lL?a^. t^^^^T?y^îlho^l.rc?c^f.n?. ?-ut^?1agreement if there are "compeilmq legal, fiscal or organizational reasons" why it ^£^S^SlEle^!^??lD!'!l^^l?ef;ned ^ the rations and is not intended to have afeg3definition outside the context of this law. (Again, the regulations have the_for^pfJaw.'SeeQuestion 35.) It means thafinTnstances where mutual agreement with the senatejs;not reached^board decision must be based on a clear and substantive rational that puts the exDlanationforthedecision in an accurate, appropriate and relevant context

14. QUESTION: When there is an existing policy, is the board permitted to act without mutualagreement?

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Corn. No. ISD1 Division Educationai Support Sen/ices Date: Apri!17,2013

GeneralIY1.no- lf ther® '? an existina Dolicv- that Dolicv sEmplv stays in effect until mutualssws ^sss^^^fsmay act without reaching mutual agreement provided that it has made a good faitêffortto^chagreement and has "comDeHma legal, fiscal or organizational reasons" to act fas the term"compellina" is described in the previous question) without waiting any longer foTagreemenj

l?"-.Q.U-ESJfoN.:Jhe,"mytual aareement" Procedure appears to contain de facto ability to blockchanges in Dolicy when an existing policv is in place by failing to agree to needed action. Whatwould happen if this occurs?

!-t-^?.ulf[ ^ ??^!a^hl^,?4seAhe.reclu!attons,in.ord.erto.E>lo?k ch?naes in Doficywhen an existingDQlicvîn Place by failing to agree to needed action. If a board refuses or fails to'Darticipaieo;consult constructively in theattempno-reach mutual aqreemenLAsenatemayôoseJoimtiatethe technical assistance process delineated in the Academic Senate/CCLC document "Assistanceto Assure Effective Participation in Strict and College Governance." (See Appen^HoSheother _h_and,Jf^theênate attempts to use the reaulations process to block^ board action 'byrefusing or failing to participatôr consult constructivetY, the board and chief executiye;officermay seek help through the technical assistance process as well.

PART IV. IMPLEMENTING THE COLLEGIALCONSULTATiON PROCESS

.16'.QUESTION>: ,once bo?.rd Doli,cles op colleflial consuitation and effective Darticipation have^sass=tsdures'structuresand committees be deve'0^^^?-.OLtJ1e^?o.vern.En.?.boaIdDolicv °ncolJeQial consultation is only the first step incomDlyinawith the reauiations. Procedures, structures, and committees mustje reviewed'andrevised to implementthe policy.

The academic senate and the aovemina board ctesignee should examine existing structures thatdeal with academic;and professional matters. Those committeeswhteh are alreadyacademic and professional matters, such as curriculum and-staff developm.nt.ihoyid^reviewed to, assure Hiat theJ^tructures and charges are.afifiroEnateJSeeûestjoiULoncommittee structure.) Where committees may not exist to deal scecificallv with an academic andprofessional matter, ajiewômmittee may be needed or, perhaps, the charge.c?^r?Ltt^T-^J5?^05!fêd;J:or.eâmêf ê "riat"culation advisory committee might be chafedwith developing propbsals for student preparation and success.

Throuahout this document, the work products of committees pertaining to academic andProfessional Doiiciesand^ procedures will be referred to as "oroDosals."These DroDosals:areavai'ablsfor .wiew bv co"ecie ?rou^ ^ P?rt of the process to assure effective-particip^rfthose affected by such proposals. As part of their reporting processes, commjtteesforward thesew^±^ e^±Si^sCT^J:T!derationM!?§?!Sent^ter^^^t!l:prop^l2e=i:=me!?datiOT: £! e.academênatê^.t!^te<°develop sucjiDroDosals. committees also may be involved in implementation of existing policiesand, _ procedures. JSee Question 19 .for a distinction among policv. prociuSdLmDLe.mentatio"J)-,FOLexamDle; c"rric,"lum c°mmittees imptement curriculum'poiicies "byreviewing proposals for new and revised courses,



Corn. No. !SD1 Division Educational Support Sen/ices Date: April 17, 2013

In all procedures, structures, and committees. students and staff should be assured of effectiveDarticipation in matters which affect them. (See Questions 31 and 32 for more'on effectiveparticipation of staff and students.

17. QUESTION: What essential elements need to be defined in order to ensurethat the committeestructure, used in coHeaTal consultation and to provide effective Darticipation. is functional'?

ftliFec?,rnmended tha,t ê ch?rae to a college committee be clearly defined. This permits matterswithh^jhe^scoDôf^the charge to be handled by the committee; without overiapDinaresponsibilities with other groups^ clear charge also lessens the tendency to:crea£3committee for every new issue. fFor use of a college council to do issue manaaementjorcommittee referrals, see the next question;

?^TTJt!!!LSJ1-(^!?Lha^Ld=ef^lt? ?!r?^!rsAfp'JV!e'?.bers.shouid &e chos.en for their exoertEse andareaofresponsibiljty; noHustto.represent a constituent qroup-For each place on the^mmjtteette following should be specified: appointing body, term lenqth,_and voting status (ifv^s^tobe taken).

?.e eJ?i?^£!êDSrt?-?r^h®rvrork Dr?du,cts sh9yld be delineated. including to whom the reportsare. submitted. ^Committee^proposais for policies and procedures on_a!!_a<;ademic;andProfessional mattersshould be submitted to the academic senate as well as beina'avaiiable'folreview by other affected groups. (See the previous question regarding how a committee oroDosaJbecomes an academic senate recommendation.

Operation of the colieae committee structure takes a commitment of the time and effort of the???rcl!?.an.tâs.w.el.l-as,a.?o.mmitr?ent?!.reso^ces ^ th? instlt"tio"- All parties should:w^hcarefu ly the deyelopmenFal needs, of the coHeae_[oJhe_extenLDOssible,'there shouEbeconsideration of,and accommodationHfor the time required-for student:' faculty.and^taffDarticEDation which may be above and bevond their regular duties. Examples of accommodationinclude convenient times andTocations of meetings, reassigned 7me. and granting oVfleriwork schedules. Consideration's also needed for technical and clerical suoport for committeeswith specjal needs. Operational requirements should not be EanoredTwnttemnmytes shouTdiekept of all committee meetings. Meeting times should be jirranaecLssJthatjLBSe?lala«bie>.ê^d!!Ah-?-ul??eZdls.tût^.^^J.deauat? ê far^^for_members to DreDarefwmeetinas. Orientation and training of members should'beorovidedregularly.

^L?^fZf:?J?i: ^êJ^SJltlt!?llLhJ!e.^?Iff?e-i<ir--d=^rJCA^?o-rlinat!n? ?.ounci1?, consisting ofre 3resentatives of the academic senate, unions, classified staff, administrative staff and studentswlat is the role of such a council within the dictates of the law and regulations?

Neither the law nor regulation^ call for any specifEc committees or structures, nor is acoordinating council-prohibited. Many colteqes have found coordinatmgôuncCusÊSsome cautions are warranted.

^.!<?ÎITI-for-corlf?rmlnication or! comfrlo,n isû,®s and forreDortina group activities are importantfunctions coordinating councils can play. Often a particular matter may havemDlications'fofother groups that are not evident without discussion.



Corn. No. !SD1 Division Educationai Support Services Date: April! 7, 2013

Issue management can be another useful activity for such councils. Broaching topics when theyinitiaHv arise can aiye aHDarties the ODDortunitv to DartEciDate in devising a common strateayJEoraddressinfl that topic: It.can be within this forumjhat the academic senate may JdentElssuSwhich are academic: and professional in nature. These discussions can assure that topics areoroDerfv referred to the committee charged with handling that matter. Coordinating councNs'aisoDrovide a venue to resoiv^confiicts that may arise as issues work their wav'throuah.thegovernance process.

However, a coordinating council is not the apDropriate body to make recommendations to theaovemina board or desianee on academic and professional matters. Thesejssues'area SDroDriately within the purview of the academic senate. Furthermore, care should betakenmeacma decisfon-makina authority in the hands of coordinating councils: The strenflth_of?.a?î?-t^-ig-overnaricejie? i?.re^?ênciatlons ^®ina macle ^v tôse W11° have the necessaryexpertise and are mosfaffected by the ctecjsjorL

ôl|:ueKÎ'^lic^hSetaewopa^ntrTnyiti^51mTnVt|)en"tear^s''Rli^the distinctions arnbnfl policy, procedures and Emplementation?

Si^l^^J cahn^).!!? ^CH^ ?^?^<?u^s,, ^1^ EJ??llTe^LonTL.aê--n^t ^x.act\ .and..?D?cificdelineations should be made locally on a case-bv-case basis. That said, some flenerahzationsmay be useful.

Policies give the colleqe general direction to accomplish its mission. They create the context foraction as we!) as foster a positive climate in which change_can_occyn_PoU_cies delineateTheconditions which procedures must meet and state the_exfiectations_for_whan^to "beaccomplished. They are of a sufficient scope and significance that theyârejidopted by publicx!^^qwe^^^wedwe^^tt ^ê^to^^^^specify those resDonsibleToTcarrvina out each step and mavEndud&Ttimelin'ebv which'tasksare to be completed. ImpTementation means carrying out the steps called for in^ the procedure

20^ QUESTION: jor those matters which theôvernmq board delegates to the chief executiveoffice does colteqialconsutotion still apply? Is the governing board still responsiblethe effective participation of affected aroues?

y?s^-b_oth.-Qu.e?,ti^s'_E-ducation code ^7^2^ Qives the ?ov.e.rninQ board authority to delegatecertain resDonsibilities to groupsor individuafs emploved within the districf. Those to'wh'omthose resDonsibilities are delegated must themselves consult colleaiallv with the'academicsenate, on academic and professionai matters. Before aqreemaJoJejegatLon, boards'shouldcarefully consider whether decisions are of a naturejhat they should be made in the Dublic'forumofJhe.board.meetma7Note that the.Brown Act- Government Code §54950-54962:" specificaiiyrequires open meetings of arouDs to whom boards have delegated authority, suchi:asjheacademic senate.

??.n-51Lr!1??.^rs-?ê?at?.d t°Joti?er.s' thefl°veminfl board stilt maintains the responsibility toassure effective DartTcipation of students. faculty, and staff. The'academic senate stiil retains itsri.?J^loDI?SeJs.sue.?onJh?board a.a.enda an<?f? DresePt its vi.^ws t-°.the board fTitle 5~^53^3iwith the understanding that reasonable, accepted procedures wifi be followed



Corn. No. iSD1 Division Educational Support Services Date: April 17, 2013

21. QUESTION: What features characterize an effective colleaial consultation process?

Colleqiai consultatjon requires mutual understanding among the faculty, administration, and the?oveminQ ôa!fd> Suchundeiitandina requires an awareness of interdeDendence, a commitmentto communication, and the exchange of ideas as well as a commitment to joint action in theinterests of solving educational problems or setting educational policy;

IÎ?-is-nf!.i?.n-e-^t-n???°.d^[<?.r .f.?-?j?met?.tin?..coileai^! consulô"" Each collede tends todevelop a culture of its own within which colleqial consutatioâkesj,!aceJieyertheEsZ2Sfeatures seem to be common among those colleges with effective Drocesses

One such feature is a clearly defined governance structure that includes an organizational chartcharges of the^ councils or committees, and defined memberships and Drocesses.Treauia r

program should be established for old and new members of the aovemina board;administrationand faculty, to acquaint them with the principles and practices of the coHeaiaTconS^nstructure. When everyone understands how the process works. and the structure T'usedconsistently, it allows for success

Communication is also a hallmark of a good coHegial consuftation process. Venues are createdfor.keYJeaclereto dJSCUSS matters,in form^ ^^ such. as.a coordinating-councii.êQuestion 19 on the role of counciis^lnformal meetings canbeTetd between key l.ad^betweenformal meetings to furtheFunderstandina. but official conclusions should be a partof't'he'formaiprocess. All partEcipants musTmake a conscientious effort to keep one anothennformed

The need for trust will often be raised in the context of shared decision-making. Trust is fosteredwhen wen established princtpteslnd-practices of colleqiatitY^ adhered to bv aMn.addJtKmtl:ust.ca".b.e.b."llt.by-crealtinaTDOOrtunities for i"divid"als to establish professional relatio'nshw sin a variety of venues.

CoHeaial consultation works best in well-run districts where expertise and defeaation of authorityis-resDecte.d.and.wherereDrese,"ta.tives are ODen and honest a"d are committed to "workingtociether for the benefit of the students.

22. QUESTION: Can a CEO make faculty appointments to committees, task forces, or othergroups dealing with academic and professional matters?;

NO'Jltle 5 ?53203tf) reQuires that apDointments of faculty to arouDs dealing with academic andprofessionaf matters be madcTbv the academic senate after consultation with the'C'EO" ordesjaroe.Furthermore,^consuitation is required in establishing committees ifthe'ourDoseofthecommjtteejsjp deveiop Doficvor Drocedures related to an academicandDFofessionaTmatteLCLras_oartôf thêbasicciovernance structures set_forth__in_the board's Dolicv'on "coiieaiaiconsultation. (See Chancellor's Office Legal Opinion M 97-20. October 23J997

?^5^?TJ?^LWAaAdo th,e law andreauiations say about particfpation in colleaial consultationofcollefle and district senates in mulfi-campus districte?

Deil.ea.atio-n-?!-au?/1?r,ity and resDonsfbilltv by a aovermna board under Title 5 S53203fa) can be to itsMUea^senate, district sCTate. or both. In districts with a distn^5.s53202'-aOTeT!"a boards mav est.ab!ish Do"cies delineating colleaial consultation wFth'cofiaesenates oniy, district senates only, or to both,

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Corn. No. ISD1 Division Educational Support Services Date: April17,2013

When colfeaial consultation involves both college and district senates, distinction should bemade between recommendations that involve college matters only and thosVwhi.£h^32rgscope. This is a locafmatter to be worked out among the senates and thej?oa'rd~o'r"itsdesianeels). It is recommended that on district matters the board soecifv the chanceJior as itsdesignee and on college matters the desianee be the coileae president

^ln?.!fl.ÎSFlL^^.^JEt!!*tilI!?,!!2.^0J -c?ille?iai.<??r?-UJ!??Lojn .bT_ !'?s?ected while addressinqopportunities and reauirementstb which a colieae must respond auJckly?

P.e^!??Tf?^!,ef!e5.tiY®po!lci.esand.l:)ro.c,®,dur^s t?.(i:.es.time-lssues reauirina the development orrevision of.polioes and procedures should be identified as earlvis possible and the^nsuEJonDrocessJnit!ated riaht awav. DeveioDment of proDosais En isotation which are then brouahtTitoconsultation is not a productive methodoloav. Prolonged" debate without' conslructivereSomm^S.nMd^,extends.^sok!tK}n^the.resue-All Parties shouki-aê-'ioreasonable timelTnes at the beginning of the consultation process

???!?^!^lres^fliLisJhe. l?e,ed to m?ke.a cf?cision in a short timeframe imposed by externalconsiderations. Districts which seem to handle these situations best are thosewhich'haveacomPrehensive,Plannlnc'ProcessJf the instit""°" has .fo^^hLand agreed-upon'qoateSdSX^&.S'SSS.^SX'SSSST^SS'.S^tems^wjth short deadlmes often necessitate the academic senate president and'coiieae'Dreside'ntcpllaboratina without ooDortunitv to obtain full input from the various constituents.Evenmsuchcircumstances it is expected that the actions of both Dresiden1swilfnofbe1ncpnsisteniwith~theestablished positions of their respective groups:

PART V. ROLES OF THE ACADEMIC SENATE AND EXCLUSIVE BARGAINING AGENT

2-51..cluE?TLONLCa.n theJocalb(?a,rd choos? the acacfemic senate to be the organization thatrePresents.facul.tV i" mattersjhat.have previously been collectively baraain.d or are^^^legal scope ofTaraainina? Can the local board accept recommendationsfromihe academic^^^reach aqreefflents w the academic senateaflreemenf;

i!?.e ??-sv?.r-î?.(?th aue;stiol?s is no,-T,he. c'ovemin(? board may not leaailv delegate to the senateany responsibilities or functions-which-belonq to the e^s^ês^^-wmM^chanae_collective bargaining law (i.e., the Educational Emplovment Relations Acl GovernmentCode_S3540^t_s6C.^ nor jhe legal scope of bargaining. The regulations soecificaliv'Dointout'thatnothlTOinthe-BoardoLGOTemors'reaulation?mav,b.econstr.uedto"de'ract'âgreements between collective bargaining and district governing bqards^

^'iES/UÎSî5^^2a^ !ni?«^Lioi!Lt!!LO^La.5flllcJ?YL??;?amJn^ .aclree.ment chanae apolicy previously adppfed bv a board based upon recommendationi of the'academic senateormutually agreed to with the academic senateS

Page 14 of 19 Pages Corn. No. SD1 Div. Board of Trustees Date 4/17/13

Noticed: 4/3/13


Corn. No. ISD1 Division Educational Support Services Date: April17,2013

YesLMatters.aPProPriatelV within the scope of collective bargaining may be negotiated betweencollective jMroaimnajepresentatives and distmt aovernina boards 'reaardless''of previousPOHCJes;citinc' ti1e Edu"t'°"^ Employment Relations Act (EERA) in-GovernmerCo£53543.20). ^The scope of representation shall be limited to matters relating to'waaes.'houreo'femployment, and.other terms and conditions of employment7rTheTe terms andjonditions'arethenMumerated in^the Act. Furthermore, exclusive baraainina agents have the right to""cons~ul]on the definition ofeducational objectives, the determination of the cQntentofcourses and^Sltê!^ texôks^<WTÊERAdoesCode 3roYisions and-..as,stated '" GovemrT'ent Code S3540. "shall not restrict, limit, or prohibitthe fu S otJttlfun^.of.anV-ademc.!enatewfacu^c°-" esfabHshed^school district in a community college to represent thefacultd!LmakmajecommÊmo1hIadministration and aovernina board of the school district with respect to district'Doiicies onacademic and professional matters, so long as the exercise of the functions doesôt'conflict withlawful coiiectEve agreements. »

^!L-?^?JI?rl!Lâ-v-.the.c.olf_ect.ive b?,raainin<:! a.a?nt deleaate matters within the scope ofbamainina to the local senate and may the senate delegate matters within the scope of the'etevendefined areas of academic and professional matters to the collective baraaininctagent?

Yes, to the extent permitted by collective barsaininq laws. The reaufations state that the intent isto "respect agreements between academic senates and coHective bargaining reDresentatives »

PART Vi. STUDENTS AND STAFF

28. QUESTION Does the phrase "rely primarilY upon the advice and judgment of the academicsena^mear^tha«he aovemma board should not receive and consider the advice and judgmentof others on issues of academic and professional matters?

ô:j!lcl!e?iA13e/â.r!=othe.rr?îat!ons and laws which address the participation of the publicstudents, staff and unions in district governance,

Ii?!^j!510-2^Zêilu!^SAhe_a?vem!na Soa.rd ^° "ad.?Pt. policies a"d procedures that providestudents the opportumtyto participate effectively in district and college qovemanc^;^deâre.to,ParticiPate,,in "formulat'on and. development" of polides and procedures tha£Bsignificant effect" on them. The regulation lists ten areas pLsychjdflmfJcamSaa(

which are quite similar to the senate's academic and professional matters. Boards are'not to actunless_studentshave,had:tHe opportunity to participate, with the exception of .Wor-^êmergency situations" and sha!l_give positions of the students i<reasonab!econsideration."'fheregulation states the intent that boards are to respect the agreements with senates and'unionswhile working withstudents.

I^le.=?.§?^23-'?..1ea-uirTSJhâovemâ b.oar?i to "aciootDOIi?Jes and procedures that providedist"c.t.a"d,,co"ea.e.st_aff.the.oDDOrt."nitv.to osrticiPate effectively In' district' and rcoU'eaeflovemance," However, areas that affect staff are not defined in the regulation but^mam^

thatjhe aoyemina board reasonably determines, in consultation with staff, haveorwiil'have'asicfnificant effect on staff."

Page 15 of 19 Pages Corn. No. SD1 Div. Board of Trustees Date 4/17/13

Noticed: 4/3/13


Corn. No. ISD1 Division Educational Support Services Date: Aprii17,2013

The role of the exclusive bargaining agents is explEcitlv protected in Title 5 and is cited in_the^ca-ti?11aLEmlolovrn?nt ?elati.ol1.s Act. fs.ee Government Code S3543.2yTheDubIic~is grantedaccessto^^rnmaboardthrouclh ^ ^ ^""q Provisions^ the Brown ActlgGovernment Code §54950-54962;

29: Q.UESTIO^What are c'ood Practices'to assure effective participation of students and staff inthe process of formulating recommendations which affectthem?

Student participation can be strengthened in several ways. Student leaders can work with thec^teae leadership tojdentifv committees whose charges incorDorate the'tenareas'of'sianificanieffect on students.^Student membershio can be soecified on those committees~The'names"ofthoseô.wn")articiPateon,committe^"" ^ identified early intheyear:Tis ô^Mlommlttees.meeLat.reauiarlvscheduledtimes conven'e"t to students interested"in"beiiKEmembers'J3t"dent members can benefit from °"8."tati°." and trainina'and;from"havina"anassiamd mentor to assist jn getting to know the work of the committee: An effective strategy tostrengthen leadership skills is to have a student government course'as part of'the'cumculum^m^^J)etw^theûd^^~ntêacadem'c-n;i^ - ofl-Srou^carLbeimproved by having liaisons attend one another's board meetmcjJ;

^!r!L^ra-tive..sta.fLhav?.a r?!? bevondthat of the chief executive officer functioning as theboar(fsdesia"ee;J<Lisadvisedthatcommittees dealing with specific toDicshav^the'Darticioationof_m level administrators in whose areas of responsibilitv those toDJcs'faii: That particiDationmayâs a resource, asamember, eras chairêndinaonthôca! colleqe decisionSngprocess,

?ia^^s^[f;^^l^:S!?i^L^?J^t?fL!?r!Il?^.?nd-dev,?l?PTe,nt of Dolicies and Procedureson matters which sianificanHv-affect staff. Committees and task forces on campus whic'h'dealwith those issues shoufcmave classified staff as members. As with all committee'members^s^s^^benîrom orientation and traininc'and fro- mentoaelat.Qshlnwit^seasoned committee member.

.30;=Ê.?Ti°!l:.s!1?lf[d the..a?v!c® an.d f,ud?.ment of the academic senate be accorded greaterweight than the advice-andûdament of other groups and constituencies'in'connection'wit'hacademic and professional matters?

Yes. Subject to Questions 25. 26. and 27. the intent of the regulations is to ensure that, while allrelevant constituencies.should have the opportunity to partJciD^-boardrmug^ffiIeare,ater.,,weiahJ.to -a<:ademic. senates J" academic and orofessional matters'bv 'consultingcolleaiaflvwith thesenates. as described in these guidelines,

?l'-.Q^.E?J!?-N:-.what?rethere?Don?iblf'ties.ofthe academic senate to obtain input from staffand students on academic and professional matters that have a significant .fBSgroups?

Page 16 of 19 Pages Corn. No, SD1 Div. Board of Trustees Date 4/17/13Noticed: 4/3/13



!?,,l^^re^lo^?L^LS^?Iyi!!s:L-ÔJ^d^rî-?n^5^?.?iu-e^.s..fo^co consultation [seeQuestion 16) provisions must be included for the effective participation of sfud.ngSEsS^matters, which affect them. Proposals which come from committees ^rGcêmic~"andprofessional mattere are available for review bv all college constituencies and are'consideredmopen deliberations at academic senate meetings. When such DroDosals are' heard-'bv"theacademic senate, every effort should be made to engage affected parties in th. denoSjHnthis manner the academic senate will have considered the input of studenteand^tafN>efQremaking recommendations to the qoverninq board, (or its desianeet on ^t.BEn§students and stafFOf course, all parties may directly address the^ boardas ^deliberates ontteultimate decision.

?^<?u^?iTL9!fLVV-hal<?^ be.done,toeûc.ate alf m^n1bers ?fthe coilecie community Darticipatina;n_the_coHeaiaJDrocesses concerning the law. regulations, best Dractic'es'ofdecis'io'n'makm'aandthe issues .ynderdTscussion?

9-o-o.<?-il?f?ctice.smlcih?,inclu?<e th^ ôllowincl- All participantsjn the governance process shoufd beoroyided coDjes of the relevant laws. regulations, and district Dolicies and'"Drocedures~Tt jrecommended that each standing governance committee have a handbookofsuch information aswe!!-as.rep°rtslnd rmnutes.aenerated in Drevious,vears-,The first annual oraanizationaLmeetingrf^,^^tteeîd^de^.tow ntatio^tram^°"^""-i«-^ârocedures.The leadershiDoTconstituencv arouos might get together in a retreat formatat "the3ealnmnaof eachacademlc vear to.review the Qovernance process, consider Dnontiesforiiecoming year, and build personal relatEonshifis^

PART VII. KEEPING PARTICIPATORY GOVERNANCE STRONG

33. QUESTON: Are effectfve Darticfpation andcollec'ialconsâtjonpo)icies and practicessubject to regular evalyation and revision as necessary by the aovermna board?

^.h!i.e.t^r^-'?_no,.re?l?i[en1ent-th?t such Policies be feaufarlv reviewed, it is a good idea. Thereview.Droces>s.should<be Tt"a"v,aw,eed upon, and. further. the board Dolicy should specifythat recommendations for change should be by colleqial consultation with the^cademjc'senate(onjhe_board Dplicv^fectina the academic senate) and by effective DarticiDation-of"s'taff"andstudents (on DolicEes affecting them).

!l?.hûJd.J3.eJ?^SE!)J? !°.C.a.llY.ofJh? Daîes to.initiate the process for review of these policies. Itmay be the case, forwample. that a change in leadership might bring new Dersoectwes'to'thedecision making process that might engender a desire for certain. imDrovements::Howeverdistricts should take care that the colleaial consultation process is not built'Q'njndividuaistrengths that may be idiosyncratic to particular leaders,

?^.?^^Tlo^:.,Howcan theacademic senate and other constituent groups and the localciovernina board ehaaQe in mutually productive dialogue?

lt]???i-n.?-.m JPU.tu?!lv Dro?uctive dialogue is based on respect, trust and willingness to seek["formation._ Mutually"productive dialogue may take place at regular business'meet'inas'of'theK^T" aand communitV for"- and^rd^^ssion^nd.t^Sbysharing wnften information.




^n?-eL.t^DrovJS,lon_s ?[t^?. Brov;ri ^ctl apvernina board meetings are open to everyone. Ailconstituen,tmembers have the riclht to Address the board on items on its agenda a^êgunder the board's eymew.

Beyond legal requirements, boards should recognize the special role that academic senatesjmdstudentând staff oraanfzations play in deyelopina recommendations for board action.'FoHowJnaareôme.,su?ae,sti?r?s.to,str®nflthen that/ole7 Organizationalrepresentatives may be seatedProminently to facil;tate;discourse with the board. Reports from each oraanization'mav'beregularly aqendizedTltems on the board agenda which were developed through sianificSntâSstudent, ôrstaff^ involvement can be jointly presented bv the aDDroDriate'oraanizationairepresentatives. Commentary onboard agenda items can be solicited fromthejienate: studint?^s^?(;TiTîiy?s wlthout restrictions such as ti»i"a out soeaker cards and" bema'subjectto short time Ifmjtatioris.

In addition to reaufar business meetings of the board, other opportunities can be structured formutually ^roductiveîaloaue and education. Study sessions, workshops. and'coHeae'andcommumtyJorums_oftenJ3rovlde,a moreoDen environment for board members'; ke/commumtyarouDsâncl.co"ec'e,lea<:lers to e""?c'e.i" discussion about external trends and'broad policydirection and for the boardtoshare its vision and to hear about activities mthedistricfrelatedtoachiwina_thevjsioând mission. Sessions such as these enable constituent groups 'to' identifyand address areas of agreement and concern early in policy discussions

PART VIII. COMPLIANCE

35. QUESTION: Do these regulations have the force of law?

y-e?.'.ili?-?is?.rict-b.°?.rd ?oe?..n<?.t maâ aood faith effort and does not ultimately abide by theseregulations it would be in violation of law]

36. QUESTION: What powers do the Board of Governors have to enforce Title 5 Regulations suchas.,th.e-o"es_o"-ensu,"na,theriahtofa<:ademic senates to assume primary resDonsibilitvTormaking recommendations in the areas of academic and professional matters!

Education Code §70901 mandates that the Board of Governors establish minimum conditionse"tit!ma.distric.tsto.receiye.stat,e.,aid; The. Board of.G.ovemors can withhold fundina'from'anydistrict that does not meet established minimum conditions. One of these minimum conditions'isadoption of procedures _consTstent with sections SS53200 . 53204 of the Caiifomia"Code' ofRegulations^ Thus one of the-minimum_ conditions that districts must substantiallv meet in orde_rto^recejyejitate aid is to assure the effective Dartjcipation oflocaTacademic senates as pe'tjheregulations.

37. QUESTION: What are the responsibilities of the governing board and chief executive officer toimplement the, regulations to ensu^he-effective participation-of faculty, staff and studentejndistrict and college qovemanceTWhaTobliqations.does a TinflJx>arcLhaveloS32l=xsrâcademic and professional



Corn. No. ISD1 Division Educational Support Sen/ices Date: ApriM7,2013

The board ^"sôhold theêauirements of EducatEon Code §70902fb)f7) and Title 5 §53200" 204(academic senates), §52023.7 (students) and ^51023.5 (staff). As the design.. oISe^dS^lT^l^:!s2ike^^^toM[rv^^recîons:when-uôn an academic and Drofessional matter, the local aovernina board must first ascertain that "thecoHeaialconsultation-Drocess has been followed. If not. action on the item would then be delayeduntil such consultation has been obtained.

38, QUESTION: If the regulafions are violated, will the state Chancellors Office intervene and/orinvestigate the case for possible noncomotiance?

yiolations of Title 5 Regulations may be reDorted in wntina by filinQ a written complaint with theLegal Affairs Diyision of the Chancellor's Office. The General Counsel will inv^tiSîecomplaints and determine needed corrective action to assure compliance with the reauiations

39. QUESTION: Ifâ local senate or CEO and qoverninp board feels that it has exhausted ali=s^srcooperativelv and believes the requlations continue fn bfi i^noredThe foliowing steps are recommended. First, the representative arouD--the statewide AcademicSenate or_ the Community College Leaaue-should be contacted for useful adviând direct?.UJ?!??;i ?T??^?iv-\t!^JOC.aLa e ?t?,.a,nd,a^ board mav mytyallv regy^ttechnical_assistance through the process estaUished jointly by the Academic Senate and-the^qâ^^^-^^^liCTWM^ ar^^^^file a complaint with the Leaai Affairs Division of the Chancellor's Office. Finaliv: the local sen'aiemay pursue remedies with the state Attorney General orm_coyrt

Page 19 of 19 Pages Corn. No. ISD1 Div. Board of Trustees Date 4/17/1:3Noticed: 4/3/13

*B

NOTICE'ft,

Los Angeles Community College District April 17, 2013

Corn. No. BT/A Division Board of Trustees Date: May 1,2013

Subject: AMEND CHAPTER XVII. ARTICLE III OF THE BOARD RULES

The foiiowing motion is presented by Trustees Veres, Santiago, and Park:

Amend Chapter XV!!, Article l!i of the Board Ruies as follows:

OFFICE OF THE INSPECTOf^GENERALBOND PROGRAM MONITOR

17300 Estebtishmeflt Retention of the Offico of Inspoctor Go.wal.Bond Program MonitorThe Los Angeles_Cpmmunity College District board of Trustees and Chancellor authorize the creationÂrf OOT'ro^ô^câla^^ên!ure a'te:^^mfundedbyKîtio.nAP/°i?!?ion,AA; ^ Measure J ("Bond Program") is performing with'the utmosi ^ ^ ^Sl'c^^s^îze^wn^n4^^1wp-^^Bond.proc'ram Monitorto '"vestiqateand report on circumstances involving action or inaction tiyan-empioYee:.contractor' consultant: or.Trustee that the Bo"d Program IVionitor reasonabivsuspects may involve, or aid and abet in the occurrence^Lmisconductônstitutm^frai

somcono affiliated with the exercise of a right or authority granted under a discretionarv1aw"rufeor regulation, oross mismanagement or other actions or inactions occurring in the context of anevident_deliberate or reckless-disreqard of an actual or probable waste orjbyseof'District funând its Bond Program.

17300.1 Reporting

A. General Reporting

The Inspector Gonoral Bond Proqram Monitor shall report directLy to the Board of Trustees, but befcted an^[wed- aS:c sbythechance"or. to the extent that reports reflectmattersûnder investigation for which a final determinatjon has not been made, suchôrtsshJbe, treated as confidential pursuant to the "deliberative process" exception oLtheâHfomjaPublic Records Act.

8, Executive Briefings

As^6mmel by^^DistrictL.the.Bsndf:roq^m.!*/tonito^".provideperiodic.briefinc!s vrirePortS..tokeeP.executive manaciement for theDistrict^pprjsed of important undertakjngs^theBo.n,dproy.amMonito^their outcomes.and other matters ^ warrant attention, includinfl^yadvicetothe.chancetlor ifanyempiovee; official.cont^ctor, consultant or Trusteeimpede or obstruct any investiqationor other activity of the Bond Program Monitor

Chancellor and Candaeie Santiago

Secretary of the Board of Trustees Field Svonkin

Park Veres

Pearlman CamposBy Date Student Trustee Advisory Vote

Page of 5 Pages Corn. No. BT/A Div. Board of Trustees Date 5/1/13

Notice: 4/17/13



C. Semiannual Reports

The Bond Program Monitor shall make semiannual reports on its activities, which shall beavailable to the 3ublic and, not later thar^three days after issuance of any report that is publidyavailable, post that report on the BonTProaram Monitor websife. Such websife shalUndyde a?^êâJÎ;^î^fvJ?.^[-LIle5^?â^â^J'?^LDÔî^?rFI?tionreport, or Dortion thereof, by means of electronic transmittal of thejnformat[on, or notice of theavailability of the information, without further request

17300.2 Generally Authorized ActivitLes

The Inspector Gonoral Bond Program Monitor is authorized to interview witnesses, take testimony,and demand the production ofiU any information, documents, reports, answers, records, accounts,papers, and other data and documentary evidence the Bond Program Monitor deemed deemsmateriaj, relevant and reasonably related to any au^T-inquiry, or investigation of misconduct relatedto the Bond Program undertaken by the Inspector General.

17301 Powers and Duties

The Inspector Gonorai Bond Program IVIonitor shall have the following powers and duties:

iîitJ£ Ji^.,^';rfc.L-4ar.? conû^t mvost^?.t1?^:?^. a^cli^..c*e®19n0^ ,t? ,Pror?10t(i?.caûnt?l^Y.to,tho_î).lic.anctto,insurc {^?. oconomy'offEcioncy; offcctivenoss, and intbgrity ofthe Bond Pfegfam monitor day-to-day operations of the Bond Program insofar as may involve thedetection, prevention, occurrence, or report of misconduct, or the threat of misconductj-efated tothe Bond Program;

B Tto receive and with integrity, obiectfvity, independence, and confidentiafitvfrlv?s!ic!ate _(?imâln^ concernin9i:ncidentsof P2.ssible misconduct misfeasancc, malfeasanco:SFviolations of laws, rulco or rcgulationc by any officor, cmployoo or appemtee^ny dopartmcnt 01contractor firm directly responsible related to the Bond Program; and

=..9'..% imfclstiP?toJheJ?orf?IT1anco of.LACCD ernployo9s and contract staff, appointoosperforming work related to the Boncj Program, in order to dotoct and prcvont misconduct withintho programs and operations evaluate the poiicies and procedures aoverninQ the Bond Programas well as where appropriate, the performancTbf work related to the Bond Program, in order todevelop recommendations on revisions that would facilitate prevention andj.etection of possiblemisconduct related to the Bond Program;

D. To promote intogrity m the administration of the programo and oporations, identifyany potential for misconduct therein, and make rocommondations'to the Board of Trustees andChancellor for policies and methods for the prevention of mEseottcluetj

E. To report to the Chancellor and Board of Trustoos concoming rosulto ofinvestigations undertaken by the Office oftespeeter General.

Page 2 of 5 Pages Corn. No. BT/A Div. Board of Trustees Date 5/1/13

Notice: 4/17/13



1:7302 Creation of Whistleblower Hotiine

i^j^t ?^?f^t^â/SOL;!P.??!?t?l<Ln!L^tt^ III?I!iof^r^^°J?i'tJtl?e il,n^c(i,tor .?cnorQJ ^ndProgram Monitor is directed to feate^ maintain a toli-free "Whistiebiower Hotline" and a Dost officebox for anonymous reporting, for the purpose of receiving citizen and employee TeportTÎSStiecorruption and misconduct rclatedjo ofthe Bond Program. Unless tW caller consents to^?JS?J!^.%e,JSEJty^f,!?^ Ji^^^L(?!icln,3JLCfiiiL?Lsui^?LI'Lg- -;l.,oo,nflpl?inTto,tho .h?tli,n^Srîr??ÎLr?.D^S.?IÊLt?=theIT1_aximum e.xtel?t al!owedbv aPDticable law be kept confidentja?-urj!1l,a^d.aAO-r ?.0 i?v55!lgati??-of ^y. complaint made by tho caHcr unlcGG the cailor conGcntG^?J^lo?î?IJi^J^^!îLlî?l^J^T^r!q-^rS!î.s^=?s^rôf,^?eôn^.[ny?Jy-ed^n.!he.-reDort',na, ?h<?ijticLnot l3salerted .u.nti!.an tnvestiaation is comDfete and acorrective action is recommended by the Bond Program IVIonitorand aDproved by the D)stnct_AHreports received shall be prioritized and investigated according to the nature and urgency of theallegation and the credibility of the report. The hotline and post offjc^boLwUf be publicized in a.m^^f .^?5âbly-.de-SJ?^.ed ^.reac,h a11 efnDlovê.s' contractors- a"d consultants, incfudins^jl^?jil^TEî^!iy«?^lni?^ln^r^?}I«-j??!^^t:j?-stl?^providing links on the websites maintained by the District (including, without iimitation, th^BondProgram website) and the Bond Program IVionitor,

17303 linvestiQation Reports and Other Documentary Materia

A. Pubiic Summary

Uponcondusionof arilnvesti9ation i^toôsst^1?, TJ,^^tlct:.a_^_T tê. mlerest..0^ aocouâb!jity' ê!n.s.p.cc.t5r.GcnoI°l B<?nd.pro?ra.m.?/t?mt0^ shati prepare a written report on the investigation asaoDroonate and,such,rePort shal! berejease<iô^^ ^®y^summory of the report ("PublicSummary'')^publi^ subject to any nedjctions^ JheSondJtoflrpMonitor's investigation reports should be provided PubtJc Summary shall be dciivorod to theChanceiior and the Board of Trustees, ancTmav be forwarded also be provided to parties affected bvor involved in the investigation, if appropriate.

B. Investigatory Materials

n light of the purpose of the inspector General Bond Program Monitor as stated in Board Ruie 17300,lhe.re.co[ds..ofJêJ.n8Pe(itor.Gon0!'01 Bond p/°?ram ôn^tor are Presumptjyely deemed investigatoryrecords exempt from disclosure under the California Public Records Act. However, materials provided tothe Board of Trustees for a matter that wil! be discussed in pubiic session must be made availablecontemporaneously to the public as required by the Ralph M. Brown Act Materials that relate to potentiatoir.ex?t.tn?-li!i?a.tion),en1pioYe?.pri\acy c;rother m??er?. exempt from disclosure or subject to a lawfulclosed session discussion shall not be subject to public disclosure except as required by law.

17304 Duty of Vigilance and Cooperation in investigations

I1S!1?J.E êlh^-d_u!^ °f.everY-?mpi?Jee' ?on^r9c?. profcssional conti'>actor. consultant, and or TrusteeBoard Member to cooperate with extend full cooDeration and all reasonable assistance to theIfispeeto^GeneFa^ Bond Program Monitor and his/her desicmees in connection with any BondProgram Monitor investigation, and afHrustees, empioyees, contractors, consultants are expectedto be vigilant in preventing and reporting fraud, abuse, and.corryetjon wctertakefl^su.HK-tethis Article.

Page 3 of 5 Pages Corn. No. BT/A Div. Board of Trustees Date 5/1/13Notice: 4/17/13



17305 Retaiiation Prohibited

^^?loêe^??^tra?Aorîo^?^?[1t.veft^..s^dent:.,O^Tmstee,.sha!! re{aliate sgainst, punish, or£ena"ze.a.".yPerson.¥.com.Pla.inin9^0'COOPerati^ with; or assisting the Inspector Goncrol Bond.p^y-a.m^M.oni!or;JiLihe.êrfo.rmanôf.hisor her duti?s;Any ^ployee, contractor/consultiivmd^ student or ffrustee who violates (he provisions of thBaction, in accordance with the due process provisions associated: with his or her position,

17306 Reports an4 Referrals of Investigations

:>fLT;S9-? l?!lirI!ill?ry»lltTrll>i-n.alE?nJh^?il?xg-ed îscondu?_.m.ay inyp!v? p°isibl:e cnminai conduct,the_lnspoctor_Gonora^ Bond Program^ Monitor, in consultation with the Chancellor; may refercomînts regarding such miscond-ucttothewopriate law enforcement authority. In the event thatthe Chancellor is the afieaed wronadoer, the Bond Program Monitor shall consult wjth the Boa7dPresident.

17307 Conflicts of Interest

The Bond Program Monitor, and its staff members, must be free both in fact and appearance frompereon, external, and organizational impairments to its objectivity and independehceônsjstentwith the foregoing, all allegations against the Bond Program Monitor or its'staffforviolatipns'ofthe provisions of these rules and any matters that the BondProaram Monitor determines cannotbe objectively and independentivmvestiqated by the Bond Program Monitor shall be submitteddirectly to the Chancellor and, if appropriate, to proper law enforcement authontles,._The BondProgram Monitor and its staffshal! submit to periodic backaroyndchecks^ndshall submit suchconflict of interest disclosures and-certifications as may be requested bv th. District in order toconfirm compliance with thlsjreciuirement.

17308 Legal Counsel

The Bond Program Monitor shall retain, at the expense of the District, its own legal counsel, whoshall not beâ legal counsel contemDorineouslv retained by the District on any other mattersjoadvise the Bond Program MonitoFon legal matters related to DerformanceXJtsjynctjons. underthese rules and who shall bejree^f any conflicts of interest. Such leaaf counsel is not retajnedioprovide advice to the Bond Program Monitor on matters relating to the Bond Program Monitor'sleflal or contractual duties to the District or on questions that may arise between the District andthe Bond Program Monito-r7eiatina to the adequacy of the Bond Program Monitor's performanceSuch legal counsel shall be deemed_to be En a direct and confidential client - attorney reiationshipwith the District, and not with the Bond Program Monitor individually, and the D irt shall bedeemed the holder of all related legal crivileaes.

Page 4 of 5 Pages Corn. No. BT/A Div. Board of Trustees Date 5/1/13Notice: 4/17/13



17309 Internal Principles, Policies, and Procedures

The,.BOPd.^roPra!rlMonlt0^ and'ts,staff sha11 act with intearitv and exercise objectivity andprofessional skepticism and avoid circumstances that would cause a reasonable and informedtîfd,i?a?v t_°?elieve ^the.Bon<? proc!ram ô"itpr or its staff is not capable of exercisingobiectivity and_ impartial iudament or that the Bond Prociram Monitor's work ha^_beencompromised. Consistent with the foreadma, the Bond Program Monitor shall (1) develop Intemajrules and procedures for conduct of EnvestEaations and for'external quality assurance reviewsofjnvestiqations and other activities of the BondProqram Monitor, (2) identify and assess threats toits independence of obiectiyitvy-from both external and internal sources, (31 evaluatejhesignificance of threats identified and prioritize them in a manner consistenTw|th_the BondProoram IVtonitor's obNaations under these rules or as other directed bv the ChancellorLor

rustees, (4) apply safeguards _ as necessary to efiminate the threats or reduce _them to anacceptable level, (5) not use confident at information for personal gain or in any other manner thatis detrimental to the legitimate interests of the District, and f6) establish criteria for_thecon_ducrofinvestigations before commencing investigations, and.(7) preEareanJlnvestigative Manual" that?,esirLbldJhl^'ndDles;.?oti.cT.SITn^m^du^^^ implement and govern'the Bond ProgramMonitor's performance of its duties and responsibilities under these rufej,

17310 AuditinQ and Management Functions

t is not the function of the Bond Program Monitor to^perform management functions, to give[^!!l?e^ti^JL<^1 ^?^rTlw}^;îsJîJCL!^f^J!u??-e^'-.!? êt Dolicv'(? d^sianEntemaf management controls affecting routme management functions, to perform functionsassigned to the Distrjcfs audiforsDerformina financiai or performance audits fintemal orexternal), or to issue interpretations of_or iegal determmations on existing policies. r^S^reauiattons of or aoveming the Bond Program. NotwithstandEna the foreaoina. howeverjheBond Program Monitor in performing the duties and obligations provicted for under these rulesshall review, assess, and recommendenhancements to the functions and duties of the Districtsauditors and to the District's program management polEcies and procedures that will faciUiateiheprevention, detection, and reDortina oTmisconduct related to the Bond Program,

17311 Training Programs

The Bond Program Monitor shall develop and document special awareness and training initiativesdesigned to alert the District to systemic weaknesses in its proflrams or procedures that makethem vulnerable to misconduct relatedto the Bond Prociram.

Background: The Office of inspector General ("OIG") was created by a Board initiative in March 2010 inresponse to allegations of misconduct in the Bond Program. Unlike such offices for other agencies, therewas no iegis!ative direction regarding the framework of the OfG, The current contract was terminated forconvenience in order to allow for a reexamination of the scope of the office. In consultation with a?âllfi^ t!^r^l.!?p^rt^r?v)sionsêr?. deve(lo,ped. f9r the Fhar9?,of the oiG to focus the operation-onfraud or misconduct in order to minimize unhtended overiap with management and the_performanceauditor. These revisions were reviewed by an ad hoc committee appointed by the Board President andare now recommended to the fuii Board for adoption:.

Page 5 of 5 Pages Corn. No. BT/A Div, Board of Trustees Date 5/1/13

Notice: 4/17/1:3

*

Col lective Bargami ngINFORMATIVEw

Los Angeles Community College DistrictCorn. No. HRD/A Division Human Resources Date: April17,2013

SUBJECT: INITIAL PROPOSAL OF THE LOS ANGELES COLLEGE FACULTY GUILDAFT LOCAL 1521 TO THE LOS ANGELES COMMUNITY COLLEGE DISTRICTREGARDING NEGOTIATIONS AS AGREED IN ARTICLE 17 OF THE COLLECTIVEBARGAINING AGREEMENT TO DISCUSS COMPENSATION MATTERS FOR 2013"2014

Pursuant to Government Code section 3547 and the District's public notice procedure, the LosAngeies College Faculty GuikJ, AFT Local 1521, presents its initiai proposa! to the Districtregarding negotiations on compensation matters.

The Los Angeles College Faculty GuikJ shal! reopen negotiations on compensation for 2013-2014.

^ckar?.und:...ôv^[nment coê. section. ?5f7.?nd Boar(? Rule 101400 require the District toinform the public of the issues to be negotiated with an empEoyee organization by presenting initiaproposals that relate to matters within the scope of representation under the EducationaEmpioyment Relations Act at a public meeting of the Board. For that reason, this item is beingpresented as an informative so that the public can review it and be prepared to comment on it.

Page of Pages Corn, No. HRD/A Div, Human Resources Date 4-17.13

I.

Collective BargaihtngNOTICE

Los Angeles Community College District April 17, 2013

Corn. No. HRD/B Division Human Resources Date: May 1,2013

SUBJECT: REOPEN, THE 2011-2014 COLLECTIVE BARGAINING AGREEMENT WITH THE LOSANGELE_S.Cqi-LEGEFACULTY GUILD, AFT LOCAL 1521, REGARDINGCQMPENSAflONISSUES FOR 2013-2014

^riânl.to^^v.errlF??e.nLcode.sec!!on 3547 an^. Board Rule 101400 the Los AngelesCommunity College District, proposes that representatives of the District and agents of'the'LosAngeles College "Faculty Guild, AFT Local'1521, re-open the Agreement between the Los» Community College District and the Los Angeles Faculty GuiM dated: July 1;-2011through June 30,2014 for the purpose of renegotiating compensation issues for 2013^014.

Background: Government Code Section 3547 and Board Rule 101400 require the District toLn!?-rT-?LeJ?^HC-?J.t^ issue.s.to be ne90tiatecl wit^ an lrpPôyee organization by presenting anyPôsedreoPeniâtaPub"c meetin9 ?! the Boardjhe matter is being noted on April 'n,20"an,exPectedAtOTdateofMayj. 20^,The Public will have an-opportunity tocomment on May 1, 2013, before the parties begin forma! bargaining.

\

Recommended by: J -.yfMT-'

b

Michael Shanahan, Sr. Associate Vice ChancellorHuman Resources

s^l ^^6zM̂\.

Recommended by: \^ Approved by: !̂^

Adrians D. Barrera, Deputy Chancelbr DanjeKLLaVBta: ChancellorChancellor and Candaete Santiago

Secretary to the Board of Trustees Fieid Svonkin

Park Veres

Pearlman CamposBy Date Student Trustee Advisor/ Vote

Page of Pages Corn. No. HRD/B Oiv. Board of Trustees Date 5-1-13Notice: 4-17-13

Documents

w BE AGENDA Los Angeles Community College District TTOV ......t,:u BE AGENDA w