minutes of the regular meeting of the board of … · review of advisory recommendation regarding...

Napa Valley Community College District

MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES May 14, 2015

4:30 p.m. Call to Order & Closed Session, Room 1538 – Board Room

5:30 p.m. (approximate time) Return to Public Session, Room 1538 – Board Room

Building 1500 – McPherson Administration Building 2277 Napa-Vallejo Highway

Napa, California 94558

1.0 CALL TO ORDER

Board Chair Dan Digardi called the meeting to order at 4:30 p.m. 1.1 Roll Call

Present: Dan Digardi, JoAnn Busenbark, Mary Ann Mancuso, Rafael Rios, Kyle Iverson, Michael Baldini, Amy Martenson, April Clary (Public Session) Absent: none

2.0 PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS

Mark Cratty, president of Classified Association, expressed concern about negotiations saying very little progress has been made. Mr. Cratty said that the existing contract was collaboratively developed and is a good document but needs to go further to address employees working out of class for long periods and use of part-time hourly employees. Paul Anamosa, a representative of the Napa Valley Grapegrowers, presented a letter from Steve Moulds, president of the NVG, to Dr. Kraft this morning. Mr. Moulds letter is attached to and included in these minutes. Norma Tofanelli of the Napa County Farm Bureau expressed support for the Viticulture and Winery Technology program and asked for bureau involvement earlier and more fully in any future hiring activity within the program. Nathan Hansford, field representative for Service Employees International Union, addressed the Board with concerns about contract negotiations not going smoothly. Mr. Hansford requested that a member of the board sit at the negotiating table to observe dynamics at the table and the items of bargaining that were unresolved.

Minutes of the Regular Meeting of 5/14/15, adopted 7/9/15

3.0 CLOSED SESSION Board Chair Dan Digardi convened to Closed Session at 4:44 p.m. 3.1 With respect to every item of business to be discussed in closed session pursuant to

Section 54957, PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Superintendent/President Review/Evaluation of Superintendent/President Goals

3.2 With respect to every item of business to be discussed in closed session pursuant to Section 54957.6, CONFERENCE WITH LABOR NEGOTIATORS Organization representing faculty: NVCFA/CTA/NEA Organization representing classified: NVC-ACP/SEIU Organization representing administrative/confidential: NVC Administrative Senate

3.3 With respect to every item of business to be discussed in closed session pursuant to Section 54957, PUBLIC EMPLOYMENT Titles:

Police Officer Trainee (classified) Biology Instructor (tenure-track faculty) Chemistry Instructor (tenure-track faculty) College Librarian (tenure-track faculty) Counselor (tenure-track faculty) English Composition Instructor (tenure-track faculty) Hospitality and Tourism Management Instructor (tenure-track faculty) Psychology Instructor (tenure-track faculty) Speech Communication Instructor (tenure-track faculty) Viticulture and Winery Technology Instructor (tenure-track faculty)

3.4 With respect to every item of business to be discussed in closed session pursuant to

Section 54957, PUBLIC EMPLOYMENT Review of advisory recommendation regarding grievance and appeal thereon, and action on the appeal.

3.5 With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: Conference with Real Property Negotiator Property: 1360 Menlo Avenue, Napa, CA 94558

3.6 With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: Conference with Real Property Negotiator Property: 6463 Dry Creek Road, Napa, CA 94558

3.7 With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: Conference with Real Property Negotiator Property: 2277 Napa-Vallejo Hwy, Napa, CA 94558

3.8 With respect to every item of business to be discussed in closed session pursuant to Section 54957, PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE


4.0 RETURN TO PUBLIC SESSION 4.1 Announcement of Items from Closed Session

Board Chair Dan Digardi reconvened to Public Session at 5:45 p.m. and announced that the board had acted to approve public employment for the following candidates: Alba Madrigal - Police Officer Trainee (classified) Stacey Howard - Counselor (tenure-track faculty) Brian Larsen - English Composition Instructor (tenure-track faculty) Merrick McKeig - Hospitality & Tourism Mngmt. Instructor (tenure-track faculty) Dr. Brianna Scott - Psychology Instructor (tenure-track faculty) Paul Gospodarczyk - Viticulture & Winery Tech. Instructor (tenure-track faculty) (NOTE: during adoption of these minutes it was clarified that all but one of the hiring actions above were approved by unanimous vote. Public employment for Paul Gospodarczyk as Viticulture & Winery Technology Instructor was approved with all trustees except Trustee Amy Martenson voting in favor.) Mr. Digardi also announced that the Board would return to Closed Session under Item 16.0 – Continuance of Closed Session. (Note: Item 16.0 was later reordered to follow Item 8.0 - Recess and Board Reception during Item 4.3 – Adoption of Agenda.)

4.2 Pledge of Allegiance Student Trustee April Clary led the Pledge of Allegiance.

4.3 Adoption of Agenda Board Chair Dan Digardi reported that Item 14.4 - Proposition 30 – Education Protection Account Spending Plan would be deferred to the June 11, 2015 Regular Meeting. Mr. Digardi also proposed a to reorder the agenda to move Item 16.0 Continuance of Closed Session to follow Item 8.0 - Recess and Board Reception. Trustee Amy Martenson motioned to adopt the agenda with changes as described. Trustee Michael Baldini seconded the motion and the revised agenda was adopted by unanimous vote.

5.0 PUBLIC COMMENT ─ GENERAL

Richard Vogt, a student in the Viticulture and Winery Technology program, shared that the program was “amazing” this semester but he was disappointed with approaching changes. Mr. Vogt expressed concern that the college was limiting the program’s budget and staff. Hanna DeMara, a student in the Viticulture and Winery Technology program, announced that she had been present at two previous board meetings and remains disappointed with college leadership. Ms. DeMara cited poor communication and lack of task completion as specific areas of concern.

6.0 ASSOCIATED STUDENTS OF NAPA VALLEY COLLEGE – STUDENT TRUSTEE

6.1 Resolution Honoring Outgoing Student Trustee Board Chair Dan Digardi read a resolution recognizing the commendable service of Student Trustee April Clary. The resolution was adopted by unanimous vote. Mx. Clary served the Associated Students of Napa Valley College as a member of the Board from May 2014 to May 2015.


6.2 Annual Review and Approval of Privileges Granted to the Student Trustee and Included in Board Policy BP 2015 – Student Member Following a motion by Trustee JoAnn Busenbark that was seconded by Trustee Michael Baldini, the Board of Trustees approved the privileges afforded the student member of the board. The Board affirmed Board Policy BP 2015 – Student Member which identifies the following privileges of the Student Trustee; to attend student trustee orientation, to make and second motions, to attend closed session at the invitation of the board, to receive compensation for meeting attendance at a level consistent with other board members, to serve a one year term commencing on May 15 of each year, and, to cast an advisory vote, although the vote shall not be included in determining the vote required to carry any measure before the board. The action was taken by unanimous vote.

6.3 Swear In Student Trustee President Ron Kraft administered the Oath of Office to Gabriel Sanchez. Mr. Sanchez is the newly elected Student Member of the Napa Valley College Board of Trustees.

7.0 YEAR END RECOGNITION

7.1 Outstanding Napa Valley College Storm Athletes 2014/-2015 Robert Harris, dean of Health Occupations, Physical Education and Athletics, gave an overview of students who participate in intercollegiate athletics and are required by the governing body of California Community College Athletic Association to carry a minimum load of 12 units per semester and pass a minimum of 24 units per year. Students must also maintain a minimum 2.0 GPA in order to be eligible to compete on an intercollegiate team. Of special note, the following student athletes carry a cumulative GPA of 3.5 or higher in addition to being talented athletes and outstanding ambassadors of the best that Napa Valley College has to offer. Seven have earned a perfect 4.0 GPA.

Tierney Bates Javier Hernandez

John Malcolm Hamish Witters

Sadie Irvine Katie Morris

Melissa Castellucci Jesus Reyes Jalen Dupree

Hannah Scurti-Molinari Austin Fitzpatrick Thomas Weaver

Marcus Solis Megan Schweizer

Dylan Hassard Maura Wilson

Kasey Holt Kacy Perkins

Jasmine Washington Roberto Hernandez-Mendoza

Cole Chait Jason Porter

Kelauni Sanders

7.2 Phi Theta Kappa Awards for 2014-2015 Cathy Gillis, coordinator for PTK, and Alex Schajatovic, president of the District’s PTK chapter, provided and overview of this year's Phi Theta Kappa accomplishments. The PTK board was recognized by the International Honor Society for the following regional and international awards: 5 star achievement (out of 5 stars possible) for completing all scholarship, fellowship, leadership and service activities for the year and the accompanying written essays with the topic “Frontiers in Health;” recognition and certificates for Make a Difference day for holding our first ever S.A.D. (Suicide, Anxiety, Depression) Awareness event and for the Give a Little campaign where students regularly helped out residents at The Meadows with IT issues; Lastly, chapter


and PTK board member James Gonzalez made the C4 pledge (college completion) at the Phi Theta Kappa Internationals Conference in San Antonio.

7.3 Napa Valley College Student Ambassador Appreciation

Jolie SanClair, coordinator of the Welcome Center, presented Certificates of Appreciation to Student Ambassadors Stephanie Brandt, Guadalupe Garcia, Robert Lortz III, Jesus Martinez, Ednanaomi Oceguera, Ejiroghene Okotie and Brenda Rodriguez. These students have been instrumental in promoting and representing Napa Valley College in a variety of capacities while serving as Student Ambassadors in the Welcome Center.

7.4 Resolutions Honoring 2014 – 2015 Retiring Faculty Members Vice President of Instruction Terry Giugni and Vice President of Student Services Oscar De Haro introduced the following distinguished faculty members who are retiring: Debbie Saunders and Betty Hopperstad. Sheryl Fernandez, counselor, read the resolution honoring Ms. Hopperstad. Greg Miraglia, dean of Career & Technical Education, and Robyn Wornall, dean of Research Planning & Institutional Effectiveness, recognized the contributions of Debra Saunders. Trustee JoAnn Busenbark motioned to approve both of the resolutions in honor of Betty Hopperstad and Debra Saunders. Student Trustee April Clary seconded the motion and both resolutions were approved by unanimous vote.

7.5 Approve Emeritus Status The Board of Trustees approved emeritus status for the following retiring faculty members: Betty Hopperstad and Debbie Saunders, as recommended by the Academic Senate’s Faculty Standards and Practices Committee and Vice President of Instruction Terry Giugni, by unanimous vote following a motion by Trustee Mary Ann Mancuso that was seconded by Trustee Michael Baldini.

7.6 McPherson Distinguished Teaching Awards 2014-2015 Vice President of Instruction Terry Giugni presented the winners of the McPherson Distinguished Teaching Award for 2014-2015. This award was established by founding college president Dr. Harry McPherson to recognize excellence in teaching. The recipients of the McPherson Distinguished Teaching Award for 2014-2015 are Ms. Maria Villagomez, Dr. Forest Quinlan and Dr. Mani Subramanian. Recipients were recognized at a special luncheon held on May 8, 2015.

7.7 Administrative/Confidential Employee of the Year - 2014-2015 Ken Arnold, president of the Administrative/Confidential Senate, presented Faye Smyle, dean of Instruction, as the Administrator/Confidential Employee of the Year for 2014/2015. Ms. Smyle is a fierce protector of student rights, a dedicated advocate for students, and demonstrates all the best qualities of a public servant, educator, and educational leader. Ms. Smyle is always collegial and collaborative (not to mention pleasant, polite, and funny) in every interaction. Ms. Smyle also has the distinction of being the first person to be selected as the Administrator/Confidential Employee of the Year. Ms. Smyle addressed the Board and received recognition of her many accomplishments.


8.0 RECESS AND BOARD RECEPTION Board Chair Dan Digardi called a short recess and announced the Board would be reconvening to Closed Session after a short break.

16.0 – REORDERED AGENDA ITEM – CONTINUANCE OF CLOSED SESSION Board Chair Dan Digardi reconvened to Public Session at 8:20 p.m. Mr. Digardi reported that the Board of Trustees had unanimously agreed to uphold the determination of the adjustment board in the matter of Mark Cratty’s grievance.

9.0 CONSTITUENT GROUP REPORTS

9.1 Academic Senate Report – Maria Biddenback, president Ms. Biddenback reported that Amanda Badget will be the new senate president and shared other executive committee members. Ms. Biddenback also reported on policy and procedure development, added senate meetings, nurses week, and health screening efforts.

9.2 Administrative Senate Report – Ken Arnold, president No report

9.3 Associated Students of Napa Valley College Report – William Cruz, acting president Gabriel Sanchez reported on behalf of Mr. Cruz on the composition of the incoming ASNVC board, a new stipend for board members, and various student activities.

9.4 Classified Association Report – Mark Cratty, president Mr. Cratty reported on the association officer election, which saw the highest turnout in the history of the association, and new officers.

9.5 Classified Senate Report – Valerie Exum, president Ms. Exum was not present. Chris Farmer, president-elect, introduced himself and gave a report in her place. Margarita Ceja is this month’s Classified Employee of the Month. The senate also awarded a $300 scholarship to a classified member and plan to send eight members to a leadership institute in Tahoe.

9.6 Faculty Association Report – Denise Rosselli, president Ms. Rosselli shared that this is her last meeting and reported on three $500 scholarships, the association’s online election pilot, and the need for altruism in all board members.

10.0 SUPERINTENDENT/PRESIDENT’S REPORT

10.1 President’s Report President Ronald Kraft reported on commencement plans, hiring committee activities, scholarship awards, and employee retirements.

10.2 Napa Valley College Foundation Report Bill Hardy, president of the NVCF, reported that $200,000 in scholarships and $180,000 in direct support to the college had been funded this year. The foundation’s endowment was increased by approximately $1 million. The foundation will be strengthening alumni program efforts in the coming year.


10.3 Vice Presidents’ Reports Vice President of Administrative Services Jeanine Hawk reported that the after action report on Measure E would be coming forward soon and that focus group and other interviews were complete. Vice President of Instruction Terry Giugni presented the new community education schedule that includes a summary of summer credit offerings. Dr. Giugni also reported on enrollment projections. Vice President of Student Services Oscar De Haro reminded those present that the commencement ceremony would be on May 29, 2015.

10.4 Accreditation Update – Accreditation Steering Committee Co-Chairs Erik Shearer, co-chair of the Accreditation Steering Committee, provided an update on the status of the final draft document that was to be made available to the general public in a few days as well as the in-process Quality Focus Essay.

10.5 Strategic Communications Report President Ronald directed the Board’s attention to the written report.

11.0 APPROVAL OF MINUTES 11.1 March 12, 2015 Regular Meeting (revised)

M/S/C (Baldini, Busenbark) to approve the revised minutes as presented by unanimous vote.

11.2 April 9, 2015 Regular Meeting

M/S/C (Iverson, Clary) to approve the minutes with “Board” changed to “committee” under Item 13.2.1 and errata changes by unanimous vote.

11.3 April 30, 2015, Special Meeting M/S/C (Busenbark, Iverson) to approve the minutes as presented by unanimous vote.

12.0 INFORMATION/DISCUSSION ITEMS 12.1 Budget Update

Vice President of Administrative Services Jeanine Hawk provided an update on Napa Valley Community College District finances including current and future year budget expectations.

12.2 Report on Career Technical Education Bi-Annual Review

Vice President of Instruction Terry Giugni and Greg Miraglia, dean of Career Technical Education, reported on this year’s bi-annual review of Career Technical Education (CTE) programs as required by Education Code section 78016. The law requires that every two years, the Board of Trustees review all CTE programs to be sure they:

Meet labor market demands Don't create unnecessary duplication with other work force training programs Have demonstrated effectiveness as measured by the completion and success

rates of students


If a program fails in any of these areas, the code requires that the program be terminated within one year. No Napa Valley College CTE programs fail to meet the above identified minimum requirements. The code does not require the board to take any action and compliance is demonstrated through meeting minutes. Diana Chiabotti, program coordinator of Child and Family Studies, addressed the Board and expressed concern that, without data on lower unit certificates that are also stackable and linked to the labor market, the report was not accurately reflecting all the certificates and completions associated with the college’s CTE programs. Ms. Chiabotti requested that the college add data on those certificates to the report.

12.3 Student Success Scorecard Report 2015

The Board of Trustees reviewed, discussed, and accepted the 2015 Napa Valley College Student Success Scorecard. The 2015 Student Success Scorecard was released by the California Community Colleges Chancellor’s Office (CCCCO) in March. The Scorecard tracks institutional performance on seven indicators related to student completion and achievement of educational milestones. The legislation that established the Accountability Reporting for Community Colleges (ARCC, the precursor to the Scorecard) requiring local Board of Trustees interaction with the ARCC report applies to the Scorecard as well. The presentation will include an orientation to the Scorecard information available on the CCCCO website (http://scorecard.cccco.edu/scorecard.aspx ) as well as the college’s internal report. Discussion on this item was facilitated by Robyn Wornall, dean of Research, Planning & Institutional Effectiveness, and Chris Farmer, research analyst in RPIE. Mr. Farmer reviewed the objective of the report to standardize performance measures and provide baseline data for colleges to measure their progress in areas of student success. Mr. Farmer also reviewed the areas where scorecard data is used including student equity planning, core indicators report, and, soon, the Institutional Effectiveness standards. General discussion included a variety of topics included and excluded from the data and graphs including college-readiness of incoming students, the college’s ranking for CTE program success, and remedial progress rates and programs for English and math.

12.4 2013-2014 Progress Report on the 2011-2014 Strategic Plan Planning Committee Co-Chair Robyn Wornall, dean of Research Planning & Institutional Effectiveness, provided an overview of the 2013-2014 Progress Report on the 2011-2014 Strategic Plan.

12.5 2015-2016 “College Plan – Summary Report of College Initiatives”

Robyn Wornall, dean of Research Planning & Institutional Effectiveness, presented this first iteration of the report. The Planning Committee has been refining some of its processes and communication practices this year. As part of the review and improvement process, the Planning Committee compiled unit-level plans for 2015-2016 (developed by programs and services across the institution during the annual planning and budget cycle) into one document. This is the first time that the Planning Committee has compiled this information to share with the campus community. The intent is to provide information about activities that will occur across the college in 2015-2016. The document identifies unit-level initiatives linked directly to objectives of the 2014-2019 Institutional Strategic Plan.


12.6 Report on Program Evaluation & Planning 2014 Cycle Robyn Wornall, dean of Research Planning & Institutional Effectiveness, presented this report on the 2014 Program Evaluation & Planning (PEP) process. In 2014, seven instructional programs, one academic support program, one student service, and three administrative services completed PEP. The PEP process incorporates several effective practices for program review, including: review and evaluation of program effectiveness and linkage with institutional mission, use of data and analysis to measure performance and identify areas for improvement, development of unit-level plans linked to Institutional Strategic Plan, identification of resources needed to implement improvements, verification by representatives of college constituent groups, and communication of results among the campus community.

12.7 1st Reading of Board Policies Recommended to be Repealed Board Chair Dan Digardi introduced the first reading of the following board policies that were recommended for repeal:

H4520 – Salary Checks & Deductions (replaced by BP 7385 – Salary Deductions) I7331 – Withdrawal (included in BP 4225 – Course Repetition & Withdrawal)

In keeping with board policy D1140 – Shared Governance, these policies were reviewed through the Council of Presidents. It is anticipated that the Board will take action on these policies at the June 2015 Regular meeting.

13.0 CONSENT CALENDAR M/S/C (Busenbark, Martenson) to approve the Consent Calendar as presented by unanimous vote. 13.1 Ratify Financial Documents (Hawk)

13.1.1 Approve Warrants for April 30, 2015

General Fund (Fund: 11, 12) $1,173,219.41Child Care Fund (Fund: 33, 35) $7,782.59Capital Outlay Projects Fund (Fund: 41) $48,867.22

13.1.2 Approve Total Gross Payroll

April 30, 2015 $2,246,068.31 13.2 Personnel Document of May 5, 2015 (Ecklin)

13.3 Memorandum of Understanding with WomenAlive

It is recommended that the Board of Trustees approve a memorandum of understanding between Napa Valley College and WomenAlive to become an internship site for the purpose of providing internships to eligible students in the Human Services Program. The term of this agreement is from May 14, 2015 until terminated by either party. There are no direct costs to the District for this agreement. (Willis/De Haro)


13.4 Amendment No. 10 to University Agreement No. H97-10179A It is recommended that the Board of Trustees approve amendment No.10 to the University of California Agreement No. H97-10179A for students in the nursing and paramedic programs of Napa Valley College. The term of this agreement has been extended from July 1, 2015 through June 30, 2017. There are no direct costs to the District for this agreement. (Harris/Giugni)

14.0 ACTION ITEMS

14.1 Changes to the Curriculum It was recommended by the Curriculum Committee and Vice President of Instruction Terrence Giugni that the Board of Trustees approve changes to the curriculum as presented. Dr. Giugni provided an overview of the recommended changes. M/S/C (Busenbark, Mancuso) to approve the changes to the curriculum, as identified in a memo and addendum, by unanimous vote.

14.2 Financial Reports Trustee JoAnn Busenbark motioned to approved each of the three financial reports listed below. Trustee Michael Baldini seconded the motion. Vice President of Administrative Services Jeanine Hawk summarized the documents and general discussion included references to position control and other elements of the Fiscal Health Checklist. The Financial Reports were approved by unanimous vote.

14.2.1 Quarterly Financial Status Report (CCFS-311Q) for the quarter ending March

31, 2015 (Hawk) 14.2.2 Quarterly Financial Status of Income and Expenditures for the quarter ending

March 31, 2015 (Hawk) 14.2.3 Quarterly Financial Health Checklist for the quarter ending March 31, 2015

(Hawk)

14.3 Resolution Initiating Sale of Surplus Property The Board of Trustees adopted a resolution, subject to Education Codes 81365 and 33050, to initiate the sale process for 1360 Menlo Avenue, Napa, CA. The resolution included: (i) a finding that the property is not, and will not, be needed by the District for classroom buildings; (ii) a declaration the property is surplus to the District’s needs; and (iii) the solicitation of offers for the purchase of the property. The minimum bid requirement contained in the resolution is $950,000. Trustee Mary Ann Mancuso motioned to adopt the resolution and Trustee Michael Baldini seconded the motion. General discussion included possible future Board action to allocate some or all of any sale proceeds toward capital improvements or maintenance. The resolution was adopted by unanimous vote.

14.4 Proposition 30 – Education Protection Account Spending Plan

This item was removed from the agenda during Item 4.3 – Adoption of the Agenda. This item will return for Board consideration at the June 2015 meeting.


14.5 Broadcast of Board Meetings This item was placed on the agenda to allow the Board of Trustees to discuss and provide direction related to preferred audio or video broadcast and/or streaming systems for Board meetings. President Ronald Kraft introduced the topic and Board Chair Dan Digardi invited interested members of the public to address the Board. Gary Orton presented a written statement to the Board and summarized his argument that closed captioning would not be required for video broadcasting of Board meetings. Mr. Orton’s statement is attached to and included in these minutes. Following Mr. Orton’s statement, Trustee Amy Martenson motioned to approve implementation of the Granicus video system. Trustee Michael Baldini seconded the motion and general discussion followed that included the financial impact and other details related to each system under evaluation as well as legal opinions related to closed captioning that had been received. Board Chair Dan Digardi called for the question and all trustees voted no except Ms. Martenson and Student Trustee April Clary who voted yes. Ms. Martenson motioned to not pursue any vendor related audio or video options and post the college’s audio file to the Board’s website. Mx. Clary seconded the motion. Mr. Digardi called for the question and all trustees voted no except Ms. Martenson and Student Trustee April Clary who voted yes. Ms. Martenson requested a roll call vote and the motion did not carry with Trustee Michael Baldini, Ms. Martenson, and Mx. Clary voting in favor. In response to questions related to audio broadcasting, Jeff Schechtman, president of Napa Broadcasting, described time stamping and methods for integrating a podcast of the meeting with the Board’s agenda. Trustee JoAnn Busenbark motioned to contract with Napa Broadcasting for broadcast of Board meetings, including any needed training for staff. Mr. Baldini seconded the motion. General discussion related to closed captioning followed. Ms. Martenson requested that Ms. Busenbark amend her motion to include direction to staff to post the college’s audio file to the Board’s website. Ms. Busenbark and Mr. Baldini agreed to the amendment and the motion carried by roll call vote with all trustees voting in favor except Ms. Martenson who abstained.

14.6 New or Revised Board Policies (2nd Reading) Board Chair Dan Digardi introduced this second reading and recommended adoption of the following new or revised board policies

Chapter 5 – Student Services BP 5050 – Student Success and Support Programs BP 5400 – Associated Students Organization Chapter 7 – Human Resources BP 7130 – Compensation BP 7320 – Fingerprinting BP 7330 – Medical Examinations: Tuberculosis Test


BP 7336 – Employee Identification Cards BP 7337 – Personnel Files

In keeping with board policy D1140 – College Governance, Decision Making, and Responsibilities, these policies were reviewed through the Council of Presidents and, as appropriate, by the Mutual Agreement Committee. Trustee JoAnn Busenbark motioned to approve all policies as presented. Trustee Mary Ann Mancuso seconded the motion. Trustee Amy Martenson requested discussion of BP 7130, BP 7320, and BP 7330. Ms. Martenson requested adding a statement to BP 7130 – Compensation to identify compensation level targets within the overall budget of no more than 80% - 90% of the total general fund allocation. Discussion included other more appropriate guiding documents to address potential salary and benefit targets such as the annual budget assumptions or collective bargaining policy. Ms. Martenson expressed concern that BP 7320 – Fingerprinting lacked clarity regarding which volunteers should be included in the fingerprinting program. Laura Ecklin, dean of Human Resources, explained the rationale of the subcommittee who authored the policy and shared the more detailed administrative regulations that accompany the policy. Ms. Martenson expressed concern that BP 7330 – Medical Examinations: Tuberculosis Test was limited to only one communicable disease and did not match the California Community College League template and education code. Discussion included applicable education code and Napa County’s 81 reportable communicable diseases. Ms. Martenson also expressed concern that employees working less than one year were not required to be tested for tuberculosis. Mr. Digardi polled the trustees for consensus on whether or not additional information was desired. Mr. Digardi called for the question and the motion carried with all trustees voting in favor except Ms. Martenson and Student Trustee April Clary who voted no.

15.0 BOARD REPORTS

15.1 Standing Committee & Other Appointment Reports

15.1.1 Viticulture & Winery Foundation Board of Directors (Rios)

No report.

15.1.2 McPherson Distinguished Teaching Award Selection Committee (Martenson)

No report.

15.1.3 Audit Committee (Digardi, Mancuso, Iverson)

No report.


15.1.4 Redevelopment Oversight Committee (Busenbark)

Trustee JoAnn Busenbark reported that the committee met last week and will continue to meet over the next year to resolve a dispute related to dissolution of the Redevelopment Agency.

15.1.5 Legislative Committee (Digardi, Mancuso, Clary) No report.

15.2 Ad Hoc Committee Reports

15.2.1 Communications (Baldini, Martenson) Trustee Amy Martenson polled the trustees regarding their implementation of the college email system. Trustee Rafael Rios requested instruction on how to access the email by way of his personal computer.

15.2.2 Accreditation (Digardi, Baldini, Busenbark) No report

15.3 Trustee Reports Trustee Amy Martenson expressed concern that some elements of the Board’s work, such as review and approval of board policies, were rushed and did not receive robust discussion when addressed at the end of the long meeting. Ms. Martenson reported that she went to the Vallejo Unified School District board meeting last week and shared their processes that she found beneficial. Trustee Rafael Rios reported on his attendance at the McPherson Distinguished Teaching Award ceremony and apologized for having to leave early. Trustee JoAnn Busenbark commented on the board policy review process and participatory governance. Student Trustee April Clary expressed concern that the vote on policies had been rushed and she had been unable to request deferral of approval on BP 5400 – Associated Students Organization. The association’s leadership change in May delayed that body’s review of the policy and they will bring recommended changes forward in the near future. Mx. Clary’s year was interesting. Trustee Michael Baldini requested that the campus smoking policy be provided for review. Mr. Baldini would also like to see the final master plan posted on the website. Trustee Mary Ann Mancuso reported on her attendance at the Science Technology Engineering and Math fair. She recommended that information on the college’s science programs be communicated to the community. Ms. Mancuso also shared that she had met a college alumnus who went on to graduate from UC Berkley and is now back working at Napa Valley College doing outreach. Trustee Kyle Iverson shared that he had attended the McPherson Distinguished Teaching Award ceremony and an EOPS event. Mr. Iverson expressed hope that additional state funding would become available for underprepared and 1st generation college students. Mr. Iverson also requested additional information on the master plan.


15.4 Board Chair Report Board Chair Dan Digardi reported that the state is expected to allocate the majority of the budget surplus to education and the college may benefit. Mr. Digardi also shared information received at a workshop related to social media.

16.0 CONTINUANCE OF CLOSED SESSION (as needed) This item reordered to follow Item 8.0 – Board Recess and Reception.

17.0 ANNOUNCEMENT OF FUTURE MEETING(S)

Board Chair Dan Digardi announced the future meetings listed below. 17.1 May 28, 2015, Special Meeting – Budget Workshop 17.2 June 11, 2015, Regular Meeting

18.0 ADJOURNMENT Board Chair Dan Digardi adjourned the meeting at 11:04 p.m.


Ronald Kraft, President Napa Valley College 2277 Napa-Vallejo Highway Napa, CA 94558

May 14,2015

RE: Viticulture and Enology faculty positions at Napa Valley College

Dear President Kraft,

The Napa Valley Grapegrowers (NVG), representing over 700 vineyard owners and associated businesses, appreciates the opportunity to comment on the hiring of faculty to the Viticulture & Winery Technology Program at Napa Valley College (NYC).

The success of Napa Valley is predicated, in part, on our ability to attract and support qualified, committed people who through innovation and expertise, raise the standards in our vineyards and resulting wines. The Napa Valley College plays an important role in this environment and many of the industry's top vineyard managers and winemakers have attended classes and received degrees from the College. Therefore, it is critically important to us that the viticultural and enological coursework at NYC is led by individuals who inspire deep understanding and passion for the material. The NVG would like to help in this process.

We believe that a positive path towards ensuring the future success of both your department and the Napa wine industry is for NYC to re-write the faculty position announcements as two independent positions, each geared towards its own particular skill set in Winery Technology or Viticulture. Once re-written, we would hope that NYC actively recruits individuals and initiates a selection process for each.

Please let us know if we can be of assistance in developing the announcements or serving on the selection committee, or in any other capacity you deem appropriate.

Thank you for your consideration of our concerns.

Sincerely,

p~~ Steve Moulds, President

cc: NVG Board of Trustees

To Preserve and Promote Napa Valley's World-Class Vineyards


Mr. Chairman, Trustees,

Statement of Gary Orton To Napa Valley College Board ofTrustees

May 14, 2015

I urge you find a way to make your board meetings more accessible to the public and give people more connection to their government. I have actively participated in the political process for over 60 years, following in the steps of my father, grandfather, and great-grandfather-all of us were elected officials at one time in our lives. All of us started by being aware of and interested in the governance our school boards and city councils. I can attest that people feel more attached and concerned about their local boards and commissions than they do about Sacramento or Washington . Tools, such as video streaming over tl}e internet, are readily available and relatively inexpensive. We can't afford not to take advantage} hem.

Apparently, it has become a concern, in some quarters, that the 2010 Department of Justice revision to regulations implementing the Americans with Disabilities Act, which regulations effect all public entities, not just community colleges, requires closed captioning of televised or video streamed programs over the internet. No such requirement exists.

First, the revised regulations were not intended to regulate "movie captioning or video description." This intent was made explicitly clear in the Department of Justice's publication of the final rule in the Federal Register amending this section:

Because the Department indicated in the NPRM [Notice of Proposed Rule Making] that it did not intend to regulate certain areas, including equipment and furniture, accessible golf cars, and movie captioning and video description, as part of this rulemaking proceeding, the Department believes it would be appropriate to solicit more public comment about these areas prior to making them the subject of a rulemaking. 1 (My emphasis.)

So, don't say your hands are tied by a regulation requiring closed captioning. They are not-no more than the City ofNapa's or the County ofNapa' s hands are tied. They are not. The Department of Justice says they never intended that.

Secondly, section 28 CFR §35 .160(b)(l) by its own words creates an affirmative duty to disabled members of the public to provide them effective communications access to board meetings, regardless of whether board meetings are video streamed or not. When it published the final rule, the Department of Justice provided guidance to public entities regarding the preferred method to achieve this affirmative duty, again a duty existing regardless of whether an entity live-streams or televises its board meetings :

A public entity has a continuing obligation to assess the auxiliary aids and services it is providing, and should consult with individuals with disabilities on a continuing basis to assess what measures are required to ensure effective communication. 2


Thus, with such a continuing obligation, if you do not make a current assessment ofwhether disablelindividuals need additional auxiliary services to participate in and understand board meetings, you are tacitly finding services to them are adequate. If they are adequate without video streaming, it is hard to see how video streaming would impair your communications to the hearing impaired.

Lastly, even if the revised regulations were to require closed captioning, section 35.164 provides such closed captioning is not required if it places an undue financial burden on the entity3 In such case, the entity should not take action that would result in an undue burden but should nevertheless ensure "to the maximum extent possible" disabled individuals receive the benefits or services provided by the public entity.

I sincerely urge you to not hide behind ill-conceived excuses and instead do what the City of Napa and the county currently do: provide video streamed access to its public meetings.

Gary Orton 9 Lexington Ct. Napa, CA 94559 [email protected]

1"This fmal mle only addresses issues that were identified in the NPRM [Notice of Proposed Rule Making] as subjects the Department intended to regulate through this rulemaking proceeding. Because the Department indicated in the NPRM that it did not intend to regulate certain areas, including equipment and furniture, accessible golf cars, and movie captioning and video description , as part of tltis mlemaking proceeding, the Department believes it would be appropriate to solicit more public comment about these areas prior to making them the subject of a mlemaking. The Department intends to engage in additional rulemaking in the near future addressing accessibility in these areas and others, including next generation 9-1 -1 and accessibility of Web sites operated by covered public entities and public accommodations." (My emphasis) 75 fFR 56167 http://www.fcdcralregistcr.gov/a/20 1 0-21821 /p-38

2 "Because the appropriateness of particular auxiliary aids and services may vary as a situation changes, the Department strongly encourages public entities to do a commtmication assessment of the individual with a disability when the need for auxiliary aids and services is first identified, and to re-assess communication effectiveness regularly throughout tl1e commmtication .... . A public entity has a continuing obligation to assess the auxiliary aids and services it is providing, and should consult wiili individuals wiili disabilities on a continuing basis to assess what measures are required to ensure effective communication. Public entities are further advised to keep individuals with disabilities apprised of the status of the expected arrival of an interpreter or the delivery of other requested or anticipated auxiliary aids and services. " 75 fFR 56225 http://www.fcderalrcgister.gov/a/2010-21821/p-758

3 "35.164 Duties. Tltis subpart does not require a public entity to take any action tl1at it can demonstrate would result in a fundamental alteration in tl1e nature of a service, progran1, or activity or in undue financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed action would fundamenta lly alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with this subpart would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of the public entity or his or her designee after considering all resources available for use in the f1mding and operation of the service, program, or activity and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply with this subpart would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would neverilieless ensure iliat, to the maximum extent possible, individuals wiili disabilities receive the benefits or services provided by the public entity. "
