Office of the Chancellor

14000 Fruitvale Avenue

Saratoga, CA  95070

(408) 741-2011 (Phone)     (408) 867-8273 (Fax)

 

 

To:

Dr. Linda King

Dr. Jane Patton

Co-Chairs, WVMCCD District Academic Senate

From:

Stan Arterberry, Chancellor

Date:

April 24, 2003

Subject:

Response to the April 10, 2003, Communication from the District Academic Senate

 

Attached are my responses to the list of specific complaints presented on April 10, 2003.  I would be very pleased to meet with you again to discuss these issues.

 

I look forward to enhancing and maintaining a collegial working relationship with the Academic Senate and all other constituent groups in our District.

 

Responses to the April 10, 2003, Communication from the

West Valley-Mission Community College District

District Academic Senate

 

1.                    The decision (upon the Chancellor’s recommendation) to send layoff
notices to 60 full time faculty and not to re-employ associate faculty in each targeted program has the effect of decimating academic programs with no participation of the Academic Senates.

In the spirit of ensuring “Faculty roles in budget processes” we must assume that faculty should participate when budgets are created as well as when major reductions are made – especially when the result is to reduce academic programs.  The Chancellor did not ensure that there was faculty participation in areas of Senate responsibility.  Prior to March 15 notices, the Academic Senates needed to be involved specifically in district-wide planning and decisions that affect academic programs and services.

 

Response:        As you are aware, the District based its decision on the anticipated fiscal year 2003-04 deficit of $15.2 million.  This deficit was based on the Governor’s proposed FY 2003-04 state budget.  Due to subsequent fiscal information, the District’s projected FY 2003-04 deficit was revised to $10.9 million.  The District’s budget allocation model was used to apply the deficit to the Colleges and Administrative Services.

 

The Colleges and Administrative Services were directed to utilize their respective consultation processes to determine areas/programs/services for reduction.  The Academic Senate is to be consulted collegially in shaping the processes used in developing the plans and budgets to be acted upon by the Governing Board.  The Board is not required to either ‘rely primarily’ on the Senates’ recommendations or reach mutual agreement with the Senates on the plans and budgets themselves.

 

However, I am concerned about the rights and needs of all employees to participate in district-wide budget planning and decisions that affect academic programs and services.  Please see Exhibit I for my stated commitment to collegial consultation.  In addition, I asked both Colleges to submit their chronology for reduction or elimination of functions and services.  These documents are attached as follows:

 

Exhibit II         West Valley-Mission Community College District Process and Criteria for Reduction in Faculty Service

 

Exhibit III        Mission College Chronology for Reduction or Elimination of Functions and Services

 

Exhibit IV        West Valley College Chronology for Reduction or Elimination of Functions and Services

 

Exhibit V         Mission College Overall Budget Reduction Plan for 2003-04

 

Exhibit VI        West Valley College Overall Budget Reduction Plan for 2003-04

 

Remedy:          I will ensure that DBAC is involved in the discussion of the development of the 2004-05 Fiscal Year Budget beginning in early fall of the next academic year.  In addition, the College Presidents will ensure appropriate consultation at the College level.  In the fall of 2003, I will initiate a review of the District/College Strategic Plan and planning processes.

 

2.                    The District-wide Education Services and Program Council was developed
and first met on 2/18/03 with NO FACULTY representation.  The purpose of this committee is to “begin addressing the Chancellor’s charge to make recommendations re: short-term and long term strategies for the more efficient administration of programs and services.”  Clearly this committee is a violation of the spirit and the letter of the law.

 

Response:        My intent in establishing the Educational Programs and Services Council was to begin looking at the organization of the District and College administration.  I do see your point, however, in that some recommendations generated may impact academic and professional matters such as curriculum or faculty roles in governance. When recommendations made do not change the governance role of faculty or any related academic and professional matters, collegial consultation is not required by Title 5 regulations.  Nevertheless, I would not want to miss the opportunity for appropriate collegial consultation if they did.

 

Remedy:          In an effort to enhance the spirit of collegial consultation, I am going to ask to meet with Academic, Classified, and Student Senate leaders to discuss an appropriate representative role for their constituencies on the Council.  To further support shared governance, the Council will be required to provide a monthly report to District Council.  In addition, the College Presidents will report to the Colleges’ shared governance bodies.  I will ensure that faculty, staff, and students are provided the opportunity to express their opinions concerning any recommendations from this Council and will ensure that those opinions are given every reasonable consideration.  If recommendations from this Council affect academic and professional matters, all constituencies will be given the opportunity to participate in the development of such recommendations.

 

3.                    The critical period for decision-making was the month of February – when the serious state budgetary picture first became evident.  The colleges and district needed additional meetings and a task force to respond quickly to financial crises.  Instead of convening a task force or giving extra tasks to existing bodies, there were 2 DBAC meetings scheduled for February and one was cancelled.  So for nearly four weeks, from February 6 – March 4, the highest shared governance budgetary body of the district at the most urgent period in the crisis did not meet.  Decisions were being made, but clearly not with faculty participation.

 

Response:        I agree, we must make every effort to hold all DBAC meetings.  Please see Exhibits VII and VIII concerning the DBAC schedule and information distributed to members.

 

Remedy:          The Vice Chancellor will ensure all meetings of DBAC are held.  The Vice Chancellor and DBAC will discuss the development of the 2004-05 Fiscal Year Budget in early fall.

 

4.                    As a new administrator in the district, the Chancellor did not attend many District Council and DBAC meetings during the fall semester—thus he missed out on the debates and positions expressed by members, in these critical committees.  While these are advisory groups, the prudent choice for a new chancellor would have been to attend and learn.

 

Response:        I missed three District Council meetings and two DBAC meetings in the fall semester.  In each instance, my absence was due to District business.  I have not missed any District Council meetings during the spring semester.  I missed one DBAC meeting this semester because I was Team Chair for an accreditation visit to a college in southern California.  In every instance when I was unable to attend either DBAC or District Council, I was immediately briefed (by the Vice Chancellor or representative for DBAC and by the Facilitator for District Council) on the matters covered at the meetings.  I have made a concerted effort to communicate to all District employees concerning our fiscal condition.  Please see Exhibit IX for the budget messages distributed via email.

 

Remedy:          I recognize the value and importance of attending the meetings of the aforementioned Councils.  I will make every effort to attend all regularly scheduled meetings.  If I am unable to attend, I will inform the facilitator of each body.

 

5.                    The Chancellor appointed two Mission College interim presidents against the strong opposition of Mission College leaders and representative groups.  The college had different choices, and excellent rationales for each.  What Mission College needed most was stability.  Instead, the college has had three presidents in one academic year--and not the internal candidate who could have provided stability.

 

Response:        I consulted collegially with Vice President Dianne McKay, Academic Senate President Dr. Jane Patton, and Classified Senate President Matt Grayson concerning the appointment of the Interim President for Mission College.  In addition, I met with the Mission College Academic Senate to discuss my appointment of Dr. Joe Samuels.  I have not received any negative comments concerning the service and abilities of either interim appointment.

My primary concern was the selection of the permanent President.  The District’s hiring procedures ensured the complete involvement of Mission College staff in the selection of Dr. Chong as Mission College’s next president.  I expanded the process to include meetings with College leaders and the President’s direct reports, in addition to the College forums.  Academic Senate President Dr. Jane Patton and Vice President Dianne McKay participated in the site visits and played a major role in the selection of Dr. Chong.

 

Remedy:          For the hiring of those staff that report to the Chancellor, I will continue to consult collegially with appropriate District/College faculty and staff.

 

6.                    On several occasions, the Chancellor publicly stated he may send March 15th notices to all academic employees--which would have resulted in a violation of the law.

 

Response:        Faced with an unusually small timeframe in which to address proposed budget reductions, I did state that the District might have to issue March 15th notices to all faculty to allow the District to be able to lay off employees if the budget position did not improve or if the District could not make sufficient cuts in other areas to put forward a balanced budget as required.

As soon as it was brought to my attention that such action would not be legally permissible, criteria were established for the issuance of selective notices in accordance with applicable laws.

 

Remedy:          Rescission of all March 15th notices to the extent possible.

 

7.                    The Chancellor put a unilateral freeze on faculty travel/conference funds in violation of ACE contract. 

 

Response:        I did not place a unilateral freeze on faculty travel/conference funds.  I asked to implement a freeze on certain expenditures, including travel, pending the establishment of exception criteria based on, among other things, existing agreements and approved policies, and I asked each College and Administrative Services to develop exception criteria and procedures for implementation.

In a communication to Carolyn Fisher (Exhibit X), I assured her that the District will honor and uphold all contract-governed procedures.  I further informed Ms. Fisher that the freeze did not remove any contractually allocated funds for travel and conference attendance.  Please see Exhibits XI and XII for the exception criteria developed by Mission and West Valley Colleges.

 

8.                    The Chancellor put the topic of freezing all sabbatical leaves on the pre-Board agenda—in violation of ACE contract.

 

Response:        The Pre-Board agenda was on the District Council agenda for review and discussion.  It did contain a recommendation to the Board concerning sabbatical leaves.  However, after consultation with Ms. Clo Hampton, the item was removed from the Pre-Board agenda.

Article 40.12.3 of the ACE contract states, in part, that the Board of Trustees will take action on applications for sabbatical leaves by the first Board meeting in March.  Article 40.12.6 states that compliance with the requirements stated in this policy does not imply automatic granting of sabbatical leaves.  The final decision rests solely with the Board of Trustees.  My recommendation to the Board was based on our need to be fiscally prudent.  However, in the spirit of cooperation, I removed the item from the Pre-Board agenda.

 

Remedy:          Comply with all provisions of employee contracts.

 

9.                    The decisions of March 15 have resulted in a huge slashing of the twenty-seven departments listed on the attached document.  The Academic Senate never received an explanation of the effects of faculty dismissals on the targeted programs and services, nor an explanation of how students’ needs will be met after the dismissals.  Since the Academic Senates were not invited to participate in planning for these reductions, the Senate needs to see the District’s plan.

(Note:  at 1 p.m. today, April 10, the Academic Senate presidents received for the first time a copy of the criteria used in developing a list of faculty to receive March 15 notices.  This list was developed outside of participatory governance policies and laws.)

 

Response:       Following is the rationale for reductions, an inventory of possible negative effects on each academic program and service area subject to the March 15th notices, and possible remedies for the negative effects for each program and service.

 

Rationale for the reduction:

 

The $15.22 million dollar reduction to the District requires the Colleges to significantly downsize many functions and services.  Since most of the budget at the Colleges resides in salaries, it was necessary to reduce services in all personnel areas including faculty, classified and administrative staff.  With respect to faculty:

 

All full time K-12 and community college faculty members have the March 15th California constitutional guarantee that requires Districts to give them notice that their services may not be needed in the next academic year before the end of the current academic year. 

 

March 15th notices were given to faculty at West Valley and Mission Colleges as the District’s response to a budget deficit defined by the Governor’s 2003-04 budget projections, and in light of the fact that there were, at that time, no concessions from employee bargaining groups that would help to balance the District’s 2003-04 budget.

 

Both Colleges reduced programs and services in response to the projected 2003-04 budget deficit. While some of the programs and services were projected to undergo drastic reductions, neither College eliminated any programs or services for the 2003-04 academic year.

 

At both Colleges, the Vice Presidents of Instruction and Student Services worked with  shared governance groups to reduce the summer and fall 2003-04 class schedules.  Both College Presidents worked closely with the VPs to develop the criteria to be utilized in identifying faculty to receive March 15th  notices.

 

Possible negative effects:

 

Although no one can accurately determine the eventual impact of the reductions, below are some possible negative effects.

 

·      Classes may not be available when desired by students.

·      The reduction of associate faculty may cause some programs to limit course offerings.

·      As a result, it could take students longer to attain some of their educational goals.

·      Responses to service requests in some of the non-teaching areas may be delayed.

·      Remaining faculty in some disciplines may have to assume responsibilities new to 
      them.

·      Reaching the state mandated enrollment goals may be challenging.

 

Possible remedies to negative effects:

 

To mitigate some of the above effects, it may be necessary to:

 

·      Clearly articulate the circumstances of the reduction and to alert all students to register
      for classes early and to stay in the classes.

·      Offer some of the classes asynchronously.

·      Carefully monitor all class enrollments in the summer and during the year to maximize
      efficiency.

·      Consolidate, where appropriate, small departments with other departments to lessen
      departmental work load.

·      Increase the information located on the Web sites in the Colleges and District to
      minimize unnecessary personal contact with staff.  Student inquiries would then be
      steered to the Web site.

 

Remedy:          Rescission of all March 15th notices to the extent possible. If, looking into the future, reductions are necessitated that may demand some of the remedies listed above, collegial consultation would be initiated to ensure proper participations in the decision-making process.

 

Other Overall Remedies

 

Commitment to Strengthen Shared Governance throughout our District

 

I commit my leadership to ensure the effective participation of faculty, staff, and students in the District’s decision-making processes.  In addition, I commit that the District will consult collegially with the Academic Senates in those areas defined as “academic and professional matters.”

 

Communication

 

To improve communications between the Chancellor and the District and College Senates, I propose the formation of the Chancellor’s Senate Roundtable. The Roundtable would be composed of the Academic and Classified Senate Presidents from both Colleges, the Chancellor, and the Special Assistant to the Chancellor.  The primary purpose would be to improve communication between the Chancellor and the College Senates.  I propose that this body meet quarterly.

 

I would also like to request of each Senate an invitation to attend one meeting each semester.

 

Organizational Leadership

 

I firmly believe that leadership is the responsibility of all members of an organization.  We (faculty, staff, students, and administrators) must assume the role of leadership in order for our organization to be successful.  To address the need to identify and create opportunities for development of leadership skills, I propose the development and implementation of a West Valley-Mission Leadership Development Program.  I recommend that we identify and create opportunities for the development of leadership skills.  We should recognize and value leadership roles throughout the organization.  The development of quality leadership and skills of an organization’s personnel is imperative if the organization is expected to be successful.  In addition, I believe that leadership and management skill learning opportunities should be available to all staff and students.  The basic principle of shared governance is shared responsibility and accountability. 

 

All District faculty, staff, and students have a participatory role in the success of shared governance.  West Valley-Mission Community College District must have a commitment to continued professional leadership throughout the District.  Who will take WVMCCD into the future?  What do the next ten years hold for WVMCCD?  Will we continue to grow?  Will we be at the forefront of academic excellence, innovations, workforce preparation, and student transfer?  Will we be financially strong?  Will we be recognized throughout our service area, the state, and across the nation as a world-class educational institution?

No one knows for sure what the future holds.  But one thing is certain:  quality leadership skills development is a key to the future of WVMCCD.  Over the next decade, we will need new and innovative leaders and managers as our District grows, new centers come into being, staff retire, and new programs are created.  Dr. Stephen R. Covey stated in Seven Habits of Highly Effective People, “Just as we would not expect to see a tree bear fruit without any kind of a root system for an anchor, foundation, or source of nourishment, we cannot expect organizational fruits without developing a strong root system of principle-centered stakeholders – individuals in every level of an organization (administrators, faculty, parents, students, etc.).”  We at WVMCCD must create or develop an organizational environment that models principles of trustworthiness, trust, empowerment, and goal congruence.

 

I recommend that we develop a program that is designed as a personal and professional development experience in order that faculty, staff, and students may explore their potential for leadership roles within the District/College organizational structure.