Members of the Board of Trustees Hildegarde B. Aguinaldo Darius W. Anderson Arnoldo Avalos Geoffrey L. Baum Connie Conway Amy M. Costa Tom Epstein Jolena M. Grande Pamela Haynes Jennifer L. Perry Man Phan Bill Rawlings Valerie L. Shaw Blas Villalobos Alexander Walker-Griffin Alexis Zaragoza September 18, 2018 Southwestern College Learning Resource Center Building 620, Room L238 N & S 900 Otay Lakes Road Chula Vista, CA 91910 Officers of the Board Tom Epstein, President Pamela Haynes, Interim Vice President Chancellor’s Office Eloy Ortiz Oakley, Chancellor
Transcript
Members of the Board of Trustees
Hildegarde B. Aguinaldo
Darius W. Anderson
Arnoldo Avalos
Geoffrey L. Baum
Connie Conway
Amy M. Costa
Tom Epstein
Jolena M. Grande
Pamela Haynes
Jennifer L. Perry
Man Phan
Bill Rawlings
Valerie L. Shaw
Blas Villalobos
Alexander Walker-Griffin
Alexis Zaragoza
September 18, 2018 Southwestern College Learning Resource Center Building 620, Room L238 N & S 900 Otay Lakes Road Chula Vista, CA 91910
Officers of the Board
Tom Epstein, President Pamela Haynes, Interim Vice President
Chancellor’s Office
Eloy Ortiz Oakley, Chancellor
2018 Board of Trustees Meeting Schedule
Sacramento, CA
August 8, 2018
September 18, 2018 (Southwestern College)
November 13-14, 2018
2019 Board of Trustees Meeting Schedule
Sacramento, CA
January 14-15, 2019
March 18-19, 2019
May 20-21, 2019
July 15-16, 2019
September 16-17, 2019 (Location to be Determined)
November 18-19, 2019
Mission Statement
The District’s mission is centered on principles of equity. It will govern the online college to provide an organized system of accessible, flexible, and high-quality online content, courses, and programs focused on providing industry-valued credentials compatible with the vocational and educational needs of Californians who are not currently accessing higher education.
The California Online Community College shall provide opportunities that are affordable, flexible for working adults, and competency-based to provide employable skills. The California Online Community College has an open access mission to work with the diverse population of California to increase wages and to improve economic and social mobility.
NOTICE IS HEREBY GIVEN
that the
The Board of Trustees of the
California Online Community College District
will meet on
September 18, 2018
at
Southwestern College Learning Resource Center
Building 620, Room L238 North & South 900 Otay Lakes Road Chula Vista, CA 91910
California Online Community College District Board of Trustees Meeting • September 2018 See it on the web at http://www.3cmediasolutions.org/
Live from Southwestern College The Board of Trustees of the California Online Community College District Meeting
Tuesday, September 18, 12:30 PM – 2:00 PM
Watch the live webcast of the meeting of the Board of Trustees of the California Online Community College District. The 17-member board is appointed by the state’s governor.
View the archive by visiting www.3cmediasolutions.org
How to participate • Visit www.3cmediasolutions.org for the link to the webcast and watch from your desktop, iOS or
Android devices. • Captions are provided during the webcast.
For immediate assistance, please contact: (760) 744-1150 Ext. 1527
3C Media Solutions (formerly CCCSAT) is funded by a grant from the California Community Colleges Chancellor’s Office
Programs are subject to change without notice. Check the 3C Media Solutions’ website for the latest broadcast schedule.
Theresa D. Tena Executive Vice Chancellor for Institutional Effectiveness &
Innovation
Van Ton-Quinlivan Executive Vice Chancellor for Workforce & Digital Futures
Vacant Vice Chancellor for
Workforce & Economic Development
Board of Trustees Meeting Southwestern College
Learning Resource Center Building 620, Room L238 North & South
900 Otay Lakes Road Chula Vista, CA 91910
Tuesday, September 18, 2018
12:30 PM to 2:00 PM* (or until the conclusion of business)
*All times are approximate and subject to change
Order of items is subject to change
All Board of Trustees meetings are held in locations that are wheelchair accessible. Other disability-related accommodations, such as alternate media materials, sign language interpreters, or real time transcription, will be provided to persons with disabilities upon request. Persons requesting such accommodations should notify Araceli Cruz at 1102 Q Street, Sacramento, California, 95811 or [email protected], (916) 325-0116, no less than two days prior to the meeting. For all other requests related to the online college, please contact Ajita Menon at [email protected]. Public testimony will be invited in conjunction with board discussion on each item. A written request to address the board shall be made on the form provided at the meeting. Persons wishing to make a presentation to the board on a subject not on the agenda shall address the board during the time listed for public forum. Items placed on the consent calendar will be voted on by a single board action, without staff or public presentations, and without board discussion. Any board member may remove an item from consent by informing the president of this intent. A member of the public may request that an item be removed from consent by filling out a request to testify, or by asking a board member to remove an item from consent. The item shall then be removed from consent if any board member exercises his or her authority to remove an item from consent.
*All times are approximate and subject to change. Order of items is subject to change
ORDER OF BUSINESS
Roll Call
Pledge of Allegiance
Discussion of the Order of the Agenda
President’s Report
CEO’s Report
Minutes – Item 1
Agenda Items
Introduction of District Legal Counsel (Marc LeForestier, F3) Item 2 The district has retained the firm Fagen, Freidman and Fulfrost for the provision of legal services. Representatives of the firm will introduce themselves and describe the scope of the work they have performed for the district thus far. (Information)
Brown Act Training (F3) Item 3 The Board of Trustees will receive training on the Brown Act which governs proceedings of the Board of Trustees, and will highlight the distinctions between the Brown Act and the Bagley-Keene Open Meeting Act which governs meetings of state agencies. (Information)
Agreements with the Foundation for California Community Colleges (F3) Item 4 This item seeks a resolution approving administrative services and fiscal services contracts with the Foundation for California Community Colleges to support the COCCD’s Advance Team. (Action)
Delegation to Contract with a Chief Technology Officer (Ajita Menon and F3) Item 5 This item seeks a resolution approving the entry of a personal services contract for a chief technology officer at market rates to provide technology leadership to the COCCD’s advance team. (Action)
Appointment of Amy Costa to the Executive Committee (Dr. Daisy Gonzales) Item 6 This item seeks a resolution of the Board of Trustees appointing Amy Costa to the Executive Committee. (Action)
Executive Committee Meeting Dates (Dr. Daisy Gonzales) Item 7 This item provides an opportunity for the Board to adopt a meeting schedule for the Executive Committee. (Action)
Discussion of Next Steps (Ajita Menon) Item 8 This item provides an overview and discussion of other ongoing work related to the formation of the college district. (Information)
Public Forum
Members of the public may submit written communications to the Board on any item, either on or off the agenda. Written communications that are not on the agenda item will be read during the Public Comment period.
The President of the Board of Trustees will explain that public comment will be heard in an orderly fashion, including comments from members of the public.
Adjournment
*The minutes are intended to provide a brief summary of the items that were discussed at the Board Meeting. Ifyou would like more detailed information please, contact the Board of Governors Office at (916) 323-5889.
PRESENTED TO THE BOARD OF TRUSTEES DATE: September 18, 2018
SUBJECT: August 6, 2018 Board Meeting Minutes Item Number: 1
Attachment: No
CATEGORY: Executive TYPE OF BOARD CONSIDERATION:
Recommended By:
Dr. Daisy Gonzales, Deputy Chancellor
Consent/Routine X
First Reading
Approved for Consideration:
Eloy Ortiz Oakley, Chancellor
Action
Information
ISSUE: This item presents the August 6, 2018 Board meeting minutes for review and approval by the Board of Governors.
August 6, 2018
Call to Order The Board of Governors meeting was called to order at 3:00 p.m. by Board of Governors President Cecilia V. Estolano.
Roll Call
The following Board members were present on Monday, August 6, 2018: Hildegarde B. Aguinaldo, Darius W. Anderson, Geoffrey L. Baum, Tom Epstein, Cecilia V. Estolano, Jolena M. Grande, Pamela Haynes, Jennifer L. Perry, Bill Rawlings, Valerie L. Shaw, Alexander Walker-Griffin.
Pledge of Allegiance Led by Board Member Darius W. Anderson.
RECOMMENDED ACTION: It is recommended that the Board of Trustees approve the August 6, 2018, meeting minutes as presented.
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*The minutes are intended to provide a brief summary of the items that were discussed at the Board Meeting. Ifyou would like more detailed information please, contact the Board of Governors Office at (916) 323-5889.
President’s Report Board of Governors President Cecilia V. Estolano delivered the President’s Report.
CEO’s Report Chancellor Eloy Ortiz Oakley delivered the CEO’s Report.
Agenda Items
Item 1 Overview of Board Responsibilities and Obligations Presented by: General Counsel Marc LeForestier This item allowed a presentation of the statutory rights and responsibilities of the California Community Colleges Board of Governors, acting in its capacity as the governing body of the California Online Community College District.
Board Comments Darius W. Anderson.
Item 2 Adoption of the Board of Trustees Policies and Procedures Presented by: General Counsel Marc LeForestier This item sought adoption of Resolution 2018-01 adopting the California Online Community College District Policies and Procedures, which establish “Board of Trustees” as the name of the Board when acting in its district capacity, and establish meeting procedures and other matters.
Cecilia V. Estolano proposed a change in the Resolution to include the language “to begin to”, Jennifer Perry proposed to include “single parents” to the Resolution, and Jolena M. Grande proposed approving the policies and procedures provided gender neutral language was substituted throughout. Darius W. Anderson moved approval of adopting Resolution 2018-01 as amended; Jolena M. Grande seconded the motion. The vote was 11-0 in support of the motion as amended.
Board Comments Geoffrey L. Baum, Pamela Haynes, Cecilia Estolano, Bill Rawlings, Darius W. Anderson, Jolena M. Grande, Hildegarde B. Aguinaldo, Jennifer Perry.
Item 3 Delegation to the Chancellor Presented by: General Counsel Marc LeForestier This item sought adoption of Resolution 2018-02, delegating certain authority from the Board of Trustees to the Chancellor of the California Community Colleges (“Chancellor”) “to guide the formation” of the California Online Community College District.
Geoffrey Baum moved approval of Resolution 2018-02; Tom Epstein seconded the motion. The vote was 11-0 in support of the motion.
Board Comments Jolena M. Grande, Valerie L. Shaw, Cecilia V. Estolano.
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*The minutes are intended to provide a brief summary of the items that were discussed at the Board Meeting. Ifyou would like more detailed information please, contact the Board of Governors Office at (916) 323-5889.
Item 4 Delegation to Conduct CEO Search Presented by: General Counsel Marc A. LeForestier This item sought adoption of Resolution 2018-03, delegating certain authority from the Board of Trustees to the Chancellor of the California Community Colleges (“Chancellor”) “to guide the formation” of the California Online Community College District. In this case, specifically to conduct a search for the Chief Executive Officer of the District.
Jennifer Perry moved approval of Resolution 2018-03; Darius W. Anderson seconded the motion. The vote was 11-0 in support of the motion.
Board Comments Cecilia V. Estolano, Pamela Haynes, Darius W. Anderson, Geoffrey L. Baum, Tom Epstein, Valerie L. Shaw.
Item 5 Delegation to Conduct Search for Legal Counsel Presented by: General Counsel Marc A. LeForestier This item sought adoption of Resolution 2018-04, delegating certain authority from the Board of Trustees to the Chancellor of the California Community Colleges (“Chancellor”) “to guide the formation” of the California Online Community College District. In this case, specifically to conduct a search for and retain independent legal counsel for the District.
Hildegarde B. Aguinaldo proposed a change in the Resolution to include “approval of the President and Vice-President.” Tom Epstein moved approval of Resolution 2018-04; Bill Rawlings seconded the motion. The vote was 11-0 in support of the motion as amended.
Board Comments Cecilia V. Estolano, Pamela Haynes, Darius W. Anderson, Jolena M. Grande, Hildegarde B. Aguinaldo.
Item 6 Meetings of the Board of Trustees Presented by: General Counsel Marc A. LeForestier This item sought adoption of Resolution 2018-05, establishing a meeting schedule for the Board of Trustees.
Geoffrey L. Baum proposed a change in the Resolution to substitute the language to include “on the same dates as the regular meetings.” Bill Rawlings moved approval of Resolution 2018-05; Alexander Walker-Griffin seconded the motion. The vote was 11-0 in support of the motion as amended.
Board Comments Cecilia V. Estolano, Geoffrey L. Baum, Darius W. Anderson.
Public Comments Jodie Steeley.
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*The minutes are intended to provide a brief summary of the items that were discussed at the Board Meeting. Ifyou would like more detailed information please, contact the Board of Governors Office at (916) 323-5889.
Item 7 Establishment of the Executive Committee of the Board of Trustees Presented by: General Counsel Marc A. LeForestier This item sought adoption of Resolution 2018-06, establishing an Executive Committee of the Board of Trustees, and designating its membership.
Jolena M. Grande moved approval of Resolution 2018-06; Jennifer Perry seconded the motion. The vote was 11-0 in support of the motion.
Board Comments Pamela Haynes, Geoffrey L. Baum, Alexander Walker-Griffin, Jennifer Perry, Valerie L. Shaw.
Item 8 Meetings of the Executive Committee Presented by: General Counsel Marc LeForestier This item provided an opportunity for the Board of Trustees to discuss the schedule for meetings of the Executive Committee.
Board Comments Geoffrey L. Baum, Pamela Haynes, Tom Epstein.
Item 9 Discussion of Next Steps Presented by: General Counsel Marc LeForestier This item provided an opportunity for the Board of Trustees to discuss and to hear from Chancellor’s Office staff regarding anticipated next steps in the process of guiding the College’s formation.
Public Forum No public comments.
Adjournment The meeting adjourned Monday, August 6, 2018 at 5:06 p.m.
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PRESENTED TO THE BOARD OF TRUSTEES DATE: September 18, 2018
SUBJECT: Introduction of District Legal Counsel Item Number: 2
Attachment: Yes (2)
CATEGORY: Office of General Counsel TYPE OF BOARD CONSIDERATION:
Recommended By:
Marc LeForestier, General Counsel
Consent/Routine
First Reading
Approved for Consideration:
Eloy Ortiz Oakley, Chancellor
Action
Information X
ISSUE: Introduction of the law firm Fagen, Friedman & Fulfrost (“F3”) as the legal counsel for the California Online Community College District.
BACKGROUND: At its August 6, 2018 meeting the Board of Trustees authorized the Chancellor to enter into a contract with a law firm to provide general counsel and other legal services to the California Online Community College District. After meeting with prospective firms, the review panel selected Fagen, Friedman & Fulfrost. The Chancellor has entered into a contract and work has begun. Firm partners who are leading the work on behalf of the district will be available to describe the work that is underway and to answer any questions from members of the Board.
ATTACHMENTS: F3 Legal Team Organizational Chart (Attachment 1); and F3 Firm Biographies (Attachment 2).
5
6
Item 2, Attachment 1
Fagan, Friedman & Fulfrost COCCD Legal Team
Formation Governance and Policy
Operations Architecture Ed Technology, Business, Employment,
Student, Litigation
Namita Brown – General Counsel 22 years practicing law 8+ years with F3 Expertise with policy and
governance Frequent interface with California
Department of Education andCalifornia Department of Finance
President, CA Council of SchoolAttorneys
Diane Marshall Freeman – General Counsel
34 years practicing law 10+ years with F3 President, National Council of
School Attorneys Former Assistant General Counsel of
the San Juan Unified School District
Roy Combs – Policy/Litigation 32 years practicing law 11+ years with F3 Former General Counsel and Chief
Labor Negotiator of large urbanschool district for 10 years
Mark Williams – Ed Tech 31 years practicing law 10+ years with F3 General Counsel to California Educational
Technology Professionals Association
James Traber – Business 11 years practicing law 7+ years with F3 Legal counsel for numerous innovative
public education projects
Lead Counsel Namita Brown
Diane Marshall-Freeman
Shawn Olson-Brown – Student 17 years practicing law 12+ years with F3 Legal counsel for numerous public school
districts in the areas of special education,student issues, policy and governance
Namita Brown – Employment Experience testifying before Senate
Education Sub Committee on labor andeducation legislation
Extensive collective bargaining experience
Chris Keeler – Governance, Policy 24 years practicing law 12 years with F3 Expertise in policy, governance and
labor issues
Associate Legal Team James Ayden Lorena Nunez Meg Keaney Seth Eckstein 7
8
Namita S. Brown is a partner in the firm's Oakland office and is the founding co-chair of the firm's eMatters practice group. In this leadership role she keeps the firm and its clients in front of the legal issues that stem from technology in today's education environment. As the benefits from technological advances are counterbalanced by social consequences, Ms. Brown's counsel on cyber conduct and technology use has become much sought-after. She co-created the popular ACSA workshop "Logged On," which provides to education leaders statewide cutting-edge information on social media and cyber behavior, offering guidance on employee and student codes of conduct. She is a frequent speaker on digital citizenship and responsible use of technology, and is recognized as an expert on collective bargaining implications of integrating technology into the curriculum.
A seasoned negotiator, Ms. Brown's collective bargaining expertise makes her a popular counselor and speaker on negotiations topics. She negotiates collective bargaining agreements on behalf of school districts statewide using both traditional and interest-based approaches. She has represented the Education Legal Alliance in matters of statewide significance that impact the educational and programmatic needs of K-12 school districts, such as Hildebrant v. St. Helena. Ms. Brown has expertly represented clients in employment litigation ranging from race, gender, disability and national origin discrimination to sexual harassment claims and has appeared before federal and state courts, the Public Employment Relations Board, Commission on Teacher Credentialing, EEOC, DFEH and OCR on behalf of school districts.
Ms. Brown is recognized statewide for her expertise on the Romero Bill and Open Enrollment. A popular speaker on issues impacting education, Ms. Brown presents before CSBA, CASBO, ACSA Personnel Academy, ACSA Negotiators Symposium and NSBA. She has also presented on general arbitration issues and strategies as part of education series sponsored by Cornell University's School of Industrial and Labor Relations and the American Arbitration Association. Ms. Brown also serves as President of the California Council of School Attorneys.
Prior to joining F3, Ms. Brown worked as an Associate City Attorney for the City of Atlanta Law Department where she successfully argued on behalf of clients before the United States Court of Appeals for Eleventh Circuit, notably Thomas v. Harvard, City of Atlanta et. al.
Ms. Brown received her Juris Doctor from St. Mary's University School of Law, San Antonio, Texas in 1996 where she was a Fred A. Seeman Merit Scholar. She holds a bachelor's degree cum laude, from the University of New Mexico. She is licensed to practice law in California and Georgia.
Namita S. Brown Partner Charter Schools eMatters Governance & Leadership Higher Education Labor & Employment
BUSINESS, FACILITIES, REAL ESTATE, CONSTRUCTION & ENERGY CHARTER SCHOOLS eMATTERS GOVERNANCE & LEADERSHIP HIGHER EDUCATION LABOR & EMPLOYMENT LITIGATION STUDENT SERVICES & SPECIAL EDUCATION
Diane Marshall-Freeman is a partner with the firm, serving clients from both the Sacramento and Fresno offices. With over 25 years of legal experience, Ms. Marshall-Freeman is a highly skilled practitioner with an extensive background across all areas of general and special education law. She serves as general counsel to the California Interscholastic Federation (CIF) as well as former Chair of the firm's Higher Education Practice Group.
Ms. Marshall-Freeman provides counsel in compliance matters relating to Individual with Disabilities Education Act (IDEA); Section 504 of the Rehabilitation Act and Americans with Disabilities Act (ADA); student disciplinary actions including expulsions and appeals; discrimination including Office for Civil Rights (OCR) and Department of Education complaints; interscholastic athletics and Title IX matters; and personnel-related matters including teacher dismissals, classified and certificated employee issues and discrimination and harassment claims.
A skilled litigator, Ms. Marshall-Freeman has successfully argued cases at the federal and state levels. As general counsel to CIF, she has appeared in state courts on matters involving student athletic eligibility, qualifications for Section and State championships, and CIF jurisdiction. Ms. Marshall-Freeman is the Vice Chair of the National School Boards Association (NSBA) Council of School Attorneys (COSA), as well as a past President of the California Council of School Attorneys.
Prior to joining the firm, Ms. Marshall-Freeman served as Assistant General Counsel in San Juan Unified School District for 11 years, and was the Director of Labor Relations for Universal Studios Hollywood.
A popular speaker on education and student athletics topics, Ms. Marshall-Freeman is often a featured panelist and presenter at state and national education conferences. Additionally, she works closely with the California Association of African-American Superintendents and Administrators, (CAAASA), and in this role she helped create the "Education For All" photography award, which is available to public high school juniors and seniors statewide. Ms. Marshall-Freeman received her Juris Doctor and her bachelor's degree from the University of California, Los Angeles. Ms. Marshall-Freeman has served on the board for the Omega Boys Club of San Francisco.
BUSINESS, FACILITIES, REAL ESTATE, CONSTRUCTION & ENERGY CHARTER SCHOOLS eMATTERS GOVERNANCE & LEADERSHIP HIGHER EDUCATION LABOR & EMPLOYMENT LITIGATION STUDENT SERVICES & SPECIAL EDUCATION
Roy A. Combs is a partner in the firm’s Oakland office. He joined F3 in 2007. He serves as co-chair of the firm's Governance & Leadership Practice Group. Before joining F3, Mr. Combs served as General Counsel and Chief Labor Negotiator with the Oakland Unified School District for nearly 10 years. He brings broad and deep experience in providing legal advice and counsel to school boards, superintendents and school administrators on matters ranging from collective bargaining, labor and employment, personnel, governance, Brown Act, conflict-of-interest, facilities, construction, charter school, risk and litigation matters.
Mr. Combs has represented districts through negotiations, impasse and post impasse proceedings, including strike matters, and has participated in PERB and related proceedings. He is a CTA certified "Trainer of Trainers" in Interest Based Bargaining and has conducted IBB negotiations and trainings for bargaining teams. He is also a certified mediator and an experienced trial lawyer. His early career focused heavily on litigation and trial matters, and he devotes significant time representing firm clients in those areas. Mr. Combs has actively represented school districts in significant impact litigation throughout the State, including Pittsburg USD v. S. J. Amoroso Construction Co., Inc., Vergara v. State of California (Oakland USD and then ACSA as amicus counsel on appeal), Anaheim City USD v. Ochoa, Doe v. Antioch and the Cal 200 litigation. He has tried many cases to verdict and has appeared and argued in the California Court of Appeals and in the United States Court Appeals for the Ninth Circuit. Mr. Combs has practiced law for over 30 years and is admitted to practice in California and the United States District Courts for the Northern, Eastern and Central Districts of California, Ninth Circuit Court of Appeals and the United States Supreme Court. He received his J.D. from the University of California, Boalt Hall School of Law in Berkeley, California, in 1985, and his double major from the University of California, Berkeley in 1982.
Roy A. Combs Partner Governance & Leadership Business, Facilities, Real Estate, Construction & Energy Higher Education Labor & Employment Litigation
BUSINESS, FACILITIES, REAL ESTATE, CONSTRUCTION & ENERGY CHARTER SCHOOLS eMATTERS GOVERNANCE & LEADERSHIP HIGHER EDUCATION LABOR & EMPLOYMENT LITIGATION STUDENT SERVICES & SPECIAL EDUCATION
Mark S. Williams, a partner and co-chair of the firm’s eMatters Practice Group, serves clients from the Oakland, Sacramento, and Los Angeles offices. Mr. Williams provides counsel to a wide range of public entities, with a special emphasis on energy and sustainability programs and the rapidly emerging issues related to technology, specifically E-rate and demands on infrastructure, software contracts, licensing issues and privacy matters. He provides legal counsel and services to clients statewide on facility and land use issues, including developer agreements, construction and architect agreements, pre-qualification and bidding. Mr. Williams works closely with leaders in the California Educational Technology Professionals Association on matters related to technology infrastructure and contract matters.
Recognized as a leader in areas of alternative energy and energy conservation contracts, Mr. Williams served as a member of the Green Technology Advisory Board and is a member of the ACSA Energy Initiative, a service which allows districts to cooperatively plan and implement renewable energy projects. Additionally, he has extensive experience in traditional bid-build construction agreements, as well as such alternative project delivery systems as construction manager at risk, lease-leaseback and design-build.
In addition to his successful school facilities practice, Mr. Williams provides general counsel services for clients and is experienced in conducting fraud and employee theft investigations on behalf of school districts and colleges. Moreover, as co-chair of the firm's eMatters Practice Group, Mr. Williams assists clients with the challenges and complexities presented by the digital revolution, providing legal expertise to help education leaders avoid costly missteps.
A popular speaker, he is often requested to present at the Association of Community College Administrators, the Community College League of California and the Association of College Human Relations Officers. Mr. Williams also speaks on energy issues, including RFP and contract topics throughout the state. He is assisting the Association of California Community College Administrators with the creation and delivery of the Association’s first-ever online professional development series.
Mr. Williams is a Board Member for Leaps and Bounds, the therapeutic horse riding program for disabled children, and has served as a mentor in the Big Brothers and Futures for Children programs for over 20 years. He received his Juris Doctor from the University of California, Berkeley and his bachelor's degree from the University of California, Los Angeles.
Mark S. Williams Partner Business, Facilities, Real Estate, Construction & Energy eMatters Higher Education Labor & Employment
Los Angeles office Phone: 323.330.6300 Fax: 323.330.6311 [email protected]
BUSINESS, FACILITIES, REAL ESTATE, CONSTRUCTION & ENERGY CHARTER SCHOOLS eMATTERS GOVERNANCE & LEADERSHIP HIGHER EDUCATION LABOR & EMPLOYMENT LITIGATION STUDENT SERVICES & SPECIAL EDUCATION
Christopher D. Keeler serves clients from the firm’s Inland Empire and San Diego area offices. As the firm's Managing Partner, Mr. Keeler provides oversight and direction for the firm’s operations. Mr. Keeler has distinguished himself as a versatile adviser and advocate for public education across a wide range of legal matters, including labor and employment, collective bargaining, public agency governance, business, public contracts, real property, construction litigation, charter schools and student matters.
He has successfully represented school districts, large and small, before various state and federal courts and administrative agencies, including the Public Employment Relations Board, Office of Administrative Hearings, California Department of Education, Office for Civil Rights and the Special Education Hearing Office. A certified trainer in Interest-Based Bargaining, Mr. Keeler is frequently invited to provide joint training to management and labor negotiation teams. Mr. Keeler also addresses a wide range of other subjects to individual clients and professional organizations, such as employee evaluation and discipline, sexual harassment, dress codes and free speech and Internet-based misconduct of both students and employees.
Mr. Keeler is interested in the rapid advancement of educational technology and frequently speaks on the legal issues that stem from embedding technology into education. From online courses and collective bargaining issues to social media use policies, Mr. Keeler is a recognized legal leader in this emerging area of law.
A popular speaker, he is frequently invited to provide training at seminars and conferences, such as the California School Board Association, Association of California School Administrators, California Association of School Child Welfare Administrators, School Employers Association and the Association of California Community College Administrators, as well as in-service trainings tailored specifically for individual clients.
Mr. Keeler received his Juris Doctor degree Brigham Young University, J. Reuben Clark School of Law, and his bachelor's degree from Stanford University.
Christopher D. Keeler Partner Business, Facilities, Real Estate, Construction & Energy eMatters Governance & Leadership Higher Education Labor & Employment Student Services & Special Education
San Diego office Phone: 760.304.6000 Fax: 760.304.6011
BUSINESS, FACILITIES, REAL ESTATE, CONSTRUCTION & ENERGY CHARTER SCHOOLS eMATTERS GOVERNANCE & LEADERSHIP HIGHER EDUCATION LABOR & EMPLOYMENT LITIGATION STUDENT SERVICES & SPECIAL EDUCATION
Shawn Olson Brown is managing partner of the Oakland office and co-chairs the firm's Special Education Symposium (SES), which provides training of approximately 1,000 educators twice per year. Her practice focuses on student, special education and charter school matters. She is recognized for her intricate knowledge of special education and Section 504 implementation across all public education settings, including charter and non-traditional school sites. A popular presenter, Ms. Olson Brown designs and delivers special education and Section 504 training to school leaders throughout Northern California. Her work includes extensive research and writing on the inclusion of students with disabilities in technology based education and testing.
Prior to joining the firm, Ms. Olson Brown was employed at two other education law firms. In addition, she taught the law module for the University of Washington's Danforth Educational Leadership Program, which provides training for school administrators. As a graduate student, she was a research assistant with Project PRAISE and the Center for Educational Renewal. Ms. Olson Brown was also a bargaining team member with the Graduate Student Employee Action Coalition, a legal intern with the Northwest Justice Project, and research analyst with the Washington State Commission on Student Learning.
Ms. Olson Brown is a member of the California and Washington State Bars. In 2001, she received her Juris Doctor from the University of Washington. Ms. Olson Brown holds a master's degree in Education, also from the University of Washington, and her bachelor's degree from the University of California, Berkeley. She has authored education articles including "A Statewide Review of the Use of Accommodations in Large Scale, High Stakes Assessments," published Exceptional Children and "Investigating American Sign Language as an Accommodation during Standards-Based Assessments," published in Assessment for Effective Intervention.
Ms. Olson Brown is the proud mother of two children, both of whom attend public schools in the Bay Area.
Shawn Olson Brown Partner Charter Schools Student Services & Special Education
BUSINESS, FACILITIES, REAL ESTATE, CONSTRUCTION & ENERGY CHARTER SCHOOLS eMATTERS GOVERNANCE & LEADERSHIP HIGHER EDUCATION LABOR & EMPLOYMENT LITIGATION STUDENT SERVICES & SPECIAL EDUCATION
James K. Ayden is an associate in the firm's Oakland office. He represents public entities in the firm's Governance & Leadership, Labor & Employment, eMatters, and Litigation practice groups. He provides a wide array of services, with a focus on general counsel and labor and employment issues.
Mr. Ayden advises clients in all aspects of labor and employment law including in the areas of employee discipline and discharge, employment contracts, labor relations, leaves of absence, and employment discrimination. He regularly handles and has successfully represented employers before administrative agencies such as the Equal Employment Opportunity Commission, the Department of Fair Employment and Housing, the Division of Labor Standards Enforcement, and the Public Employment Relations Board.
Before joining Fagen Friedman & Fulfrost, he practiced labor and employment law, representing clients in various stages of civil litigation. Prior to that, Mr. Ayden completed a fellowship with the Equal Employment Opportunity Commission in its Los Angeles regional office and a judicial externship in the U.S. District Court, Central District of California. His work included researching and analyzing cases involving labor and employment law, tax law, and criminal law and procedure. Before attending law school, Mr. Ayden worked in the field of information technology.
Mr. Ayden earned his Juris Doctor at UCLA School of Law in Los Angeles, CA. He holds a B.A. in Philosophy and a B.A. in Law & Society, both from University of California, Santa Barbara.
James K. Ayden Associate eMatters Governance & Leadership Labor & Employment Litigation
BUSINESS, FACILITIES, REAL ESTATE, CONSTRUCTION & ENERGY CHARTER SCHOOLS eMATTERS GOVERNANCE & LEADERSHIP HIGHER EDUCATION LABOR & EMPLOYMENT LITIGATION STUDENT SERVICES & SPECIAL EDUCATION
Lorena Nuñez is the managing associate in the Sacramento office. Her areas of practice include Labor & Employment and Litigation. Ms. Nuñez advises clients on matters relating to discrimination, harassment and workplace violence. She also assists districts with compliance matters related to public records acts requests, the Brown Act and mandated reporting. Ms. Nuñez brings her litigation background to student matters, such as special education litigation and expulsion hearings.
Before joining the firm, Ms. Nuñez worked in civil litigation as a staff attorney at Bay Area legal services organizations where she represented victims of domestic violence in state court with civil restraining orders and child custody matters. She also provided counsel on immigration, employment and housing matters under the California Fair Employment and Housing Act and the Federal Fair Housing Act.
In addition to her practice of law, Ms. Nuñez is an alum of the Coro Fellowship in Public Affairs, Los Angeles Program. As a Coro fellow, she assisted the city of Los Angeles with a community development project by researching transportation and land use issues for the San Pedro neighborhood.
While in law school, Ms. Nuñez served as law clerk for the Honorable Garret L. Wong of the San Francisco Superior Court, performing legal research and memoranda on a variety of issues related to mentally disordered offenders. She was also research assistant to Professor Bill Ong Hing, conducting research and editing a manuscript on Asian American youth delinquency and immigration law and policy.
She is a member of several professional associations, including the Sacramento County Bar Association, the Hispanic National Bar, and the San Francisco La Raza Lawyers Association. Ms. Nuñez earned her Juris Doctor from the University of San Francisco School of Law. A fluent Spanish speaker, she holds an M.A. in Iberian and Latin American Cultures from Stanford University and a B.A., cum laude, from Occidental College in Gender Studies and Spanish.
BUSINESS, FACILITIES, REAL ESTATE, CONSTRUCTION & ENERGY CHARTER SCHOOLS eMATTERS GOVERNANCE & LEADERSHIP HIGHER EDUCATION LABOR & EMPLOYMENT LITIGATION STUDENT SERVICES & SPECIAL EDUCATION
Mary “Meg” Keaney is an associate in the firm’s Oakland office, advising school districts, county offices of education and higher education clients statewide. She regularly represents clients in all areas of employment law, including discrimination, harassment and retaliation complaints filed with the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission and related litigation.
In addition to her work in labor and employment, Ms. Keaney assists clients in contract negotiation for real property transactions, procurement, RFPs, and products and services, including technology contracts. As a member of the firm's eMatters practice group, she advises clients on protecting data privacy and other matters in the quickly evolving field of education technology.
Ms. Keaney earned her Juris Doctor, cum laude, from the University of California, Hastings College of the Law. She is admitted to practice in United States District Court, Northern District and Eastern District of California. While in law school, Ms Keaney served as Senior Symposium Editor for the Hastings Law Journal. She held clerkships with the Tenderloin Housing Clinic and the San Francisco City Attorney’s Office Code Enforcement team, externed for the Honorable Susan Illston of the Northern District of California.
Prior to pursuing law, Ms. Keaney worked as the Lead Project Manager for KaBOOM!, a national nonprofit dedicated to saving play for America's children by creating great play spaces through the participation and leadership of communities. Ms. Keaney’s nonprofit experience also includes two terms with AmeriCorps, focusing on areas including education, unmet human needs and environmental concerns.
Ms. Keaney’s passion for community enrichment is evidenced by serving for a decade as a volunteer with Meals on Wheels. Moreover, Ms. Keaney is a 2012 graduate of the New Leaders Council's Sacramento NLC Institute—the premier leadership program for young professionals. The NLC Institute is highly-selective, admitting only 15 to 20 fellows to each program.
Mary Keaney Associate Business Facilities & Real Estate eMatters Labor & Employment Litigation Student Services & Special Education
BUSINESS, FACILITIES, REAL ESTATE, CONSTRUCTION & ENERGY CHARTER SCHOOLS eMATTERS GOVERNANCE & LEADERSHIP HIGHER EDUCATION LABOR & EMPLOYMENT LITIGATION STUDENT SERVICES & SPECIAL EDUCATION
Seth Eckstein is an associate in the firm's Oakland office, where he is a member of the Labor & Employment Practice Group, Governance & Leadership Group, and Student Services Group. He provides guidance to clients on a variety of matters, including labor relations and negotiations, personnel investigations and discipline, HR matters, and contracts.
Mr. Eckstein brings extensive experience in education law to F3. Prior to joining the firm, he was a staff attorney with the Oakland Unified School District for over six years. There he chiefly assisted the district in labor and employment issues, including participating in labor negotiations, overseeing personnel management, and providing compliance training for district and staff administrators.
He also has considerable experience in litigation, including investigation of and response to complaints made to the Office for Civil Rights (OCR), Equal Employment Opportunity Commission (EEOC) and Department of Fair Employment and Housing (DFEH). Mr. Eckstein helped successfully navigate the district through a five-year agreement with the federal government to reduce discipline for minority students.
Mr. Eckstein earned his Juris Doctor from Northeastern University School of Law. In law school, he interned for the Hon. John T. Noonan of the Ninth Circuit Federal Court of Appeals in San Francisco. He earned his bachelor's degree (Phi Beta Kappa, summa cum laude) from Colby College with a double major in International Studies and East Asian Students. A member of the State Bar of California, Mr. Eckstein is admitted to the United States District Court, Northern District of California.
Before beginning his law career, Mr. Eckstein taught Mandarin Chinese at a public school in Boston. In his free time he enjoys cycling and hiking, including a trek up Mt. Kilimanjaro.
BUSINESS, FACILITIES, REAL ESTATE, CONSTRUCTION & ENERGY CHARTER SCHOOLS eMATTERS GOVERNANCE & LEADERSHIP HIGHER EDUCATION LABOR & EMPLOYMENT LITIGATION STUDENT SERVICES & SPECIAL EDUCATION
Terilyn Finders is the firm’s Director of Communications and Legislative Affairs. With over 30 years of corporate and crisis communications experience, Ms. Finders supports the firm's clients when their legal matters capture the attention of their communities, the media and social media.
She began her career at Burson-Marsteller in New York City, where she worked on a number of corporate communications and crisis communications campaigns for Fortune 500 companies, including General Electric, Pillsbury, Sheraton Hotels and others.
After relocating to Southern California, Ms. Finders was elected to the Board of Education in the Las Virgenes Unified School District, where she served two terms. Her combined experience as a trustee and in communications make Ms. Finders a popular trainer on governance themes, crisis communications and communication as a leadership tool. Most recently, Ms. Finders and F3 were invited to partner with the Association of California School Administrators (ACSA) to design and deliver the workshop Designed to Disrupt, a governance workshop that focuses on best practices for social media as tools of community engagement and advocacy.
Currently, she is assisting districts with the design, development and implementation of leadership transition plans, which is a growing need as the state faces a wave of administration retirements.
Ms. Finders is a communications trainer for the Fiscal Crisis Management & Assistance Team, School Employers Association of California Negotiators Certification Program, and she delivers workshops on communication and media management for the ACSA Superintendents Academy, offered statewide.
By monitoring state and federal legislation affecting public education, Ms. Finders helps keep the firm and its clients in front of current and emerging legislative issues.
Ms. Finders received her bachelor's degree in Journalism from San Jose State University and guest lectures on vision and strategic communications planning in Education Doctoral programs at universities throughout the state. She currently serves her community as a member of the Measure G Citizens' Oversight Committee in the Livermore Unified School District.
Terilyn Finders Director of Communications and Legislative Affairs Strategic Communications Crisis Communications Employee & Media Relations
BUSINESS, FACILITIES, REAL ESTATE, CONSTRUCTION & ENERGY CHARTER SCHOOLS eMATTERS GOVERNANCE & LEADERSHIP HIGHER EDUCATION LABOR & EMPLOYMENT LITIGATION STUDENT SERVICES & SPECIAL EDUCATION
PRESENTED TO THE BOARD OF TRUSTEES DATE: September 18, 2018
SUBJECT: Brown Act Training Item Number: 3
Attachment: No
CATEGORY: District Legal Counsel TYPE OF BOARD CONSIDERATION:
Recommended By:
Marc LeForestier, General Counsel with Fagen, Freidman & Fulfrost
Consent/Routine
First Reading
Approved for Consideration:
Eloy Ortiz Oakley, Chancellor
Action
Information X
ISSUE: Brown Act Training.
BACKGROUND: The district’s legal counsel will provide training on the Brown Act, and will include discussion of the distinctions between the Brown Act, and the Bagley-Keen Open Meeting Act, which governs proceedings before state boards.
The firm will present slides at the meeting, which will be made available for distribution to the public.
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PRESENTED TO THE BOARD OF TRUSTEES DATE: September 18, 2018
SUBJECT: Agreements with the Foundation for California Community Colleges
Item Number: 4
Attachment: Yes (1)
CATEGORY: District Legal Counsel TYPE OF BOARD CONSIDERATION:
Recommended By:
Marc LeForestier, General Counsel with Fagen, Freidman & Fulfrost
Consent/Routine
First Reading
Approved for Consideration:
Eloy Ortiz Oakley, Chancellor
Action X
Information
ISSUE: Approval to enter into two contracts between the district and the Foundation for California Community Colleges.
BACKGROUND: In Resolution 2018-02, the Board of Trustees authorized the Chancellor, consistent with Education Code section 75005, subdivisions (d)(1) and (d)(6), to contract with the Foundation for California Community Colleges for the purpose of providing administrative support for the college’s start-up functions.
Pursuant to that authority, the Chancellor has entered into two agreements that now require ratification by either the Executive Committee or the Board of Trustees.
(Background cont.)
RECOMMENDED ACTION: The Board of Trustees is asked to adopt the following resolution:
Be it Resolved,
The California Online Community College District Board of Trustees directs the following actions:
• Consistent with Education Code section 75005, subdivisions (d)(1) and (d)(6), the Board ofTrustees hereby ratifies the Administrative Services Agreement and Fiscal Agency Agreemententered between the district and the Foundation for California Community Colleges inSeptember 2018, for the purpose of providing administrative support for the California OnlineCommunity College’s start-up functions.
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(Background cont.)
1. Administrative Services Agreement.
The first is an Administrative Services Agreement, which encompasses a wide array of back-office services from secretarial support, to accounting, to web services. The Foundation will be compensated for these services as follows:
- “Allocable costs.” Costs associated with the work of Foundation employees who devote partof their time to the Online College, would be compensated according to the following hourlyrates.
o Foundation Executive – $150/hour. Work performed by members of the Foundation’sexecutive team in supplying the services required under this Agreement.
o Procurement, Risk Management, Contracts Management – $130/hour. Workperformed by Foundation’s procurement, contracts, and legal teams in supplying theservices required under this agreement.
o Subject Matter Expert – $110/hour. Work performed by Foundation management-level subject-matter-experts such as budgeting, finance and accounting; humanresources; information technology; external relations, marketing, communicationsand design, in supplying the services required under this agreement.
o Staff – $75/hour. Work performed by Foundation staff-level personnel in supplyingthe services required under this agreement.
- “Direct costs.” Costs incurred by the Foundation for Advance Team members who are 100%devoted to the Foundation would be compensated at cost, typically under contracts.
- “Indirect costs.” 10% of direct costs, to cover overhead, rent, utilities, office operationssupport, etc.
- Other provisions:o Sept. 1 effective data because the Foundation has already commenced work.o Foundation may invoice up to the first $2 Million in an “allowance” on approval of the
CEO without requiring Executive Committee approval in anticipation of the increasingpace of Advance Team activity, and a desire to maintain the Foundation’s cash flow.Beyond the first $2 Million billed by the Foundation, invoices must be approved by theExecutive Committee.
o All income and expenditures are required to be audited and accounted for.
2. Fiscal Agency Agreement.
Under the Fiscal Agency Agreement, $10 Million in state funds would be transferred from the Controller to the Foundation (which includes the $2 million allowance from the Administrative Services Agreement described above). The purpose of the transfer would be to provide readily-available funds to the district, through accounts established on its behalf by the Foundation.
In consideration for these banking services, the Foundation would be compensated on a rate scale consistent with the rates applied under the Administrative Services Agreement described above.
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ANALYSIS: The board and the district have immediate need for staffing, “back office,” and fiscal agency services. These two agreements provide a mechanism for obtaining those services as soon as possible, at reasonable cost to the district, while fairly compensating the Foundation for its services, and preserving its cash flow from significant front-end burdens this project is imposing.
ATTACHMENT: Resolution No. 2018-07 (Attachment 1). Copies of the two agreements will be available at the board meeting.
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Item 4, Attachment 1
California Online Community College District
Resolution No. 2018-07
Ratification of Contracts with the Foundation for California Community Colleges
WHEREAS, the California Online Community College District’s Board of Trustees has authorized the Chancellor of the California Community Colleges “to exercise any powers or responsibilities or to take any official actions with respect to the management of the college, including any of the college’s assets, contracts, expenditures, facilities, funds, personnel, or property;” and
WHEREAS, the Board of Trustees has also authorized the Chancellor to contract with the Foundation for California Community Colleges for the purpose of providing administrative support for the college’s start-up functions; and
WHEREAS, the Legislature has established an aggressive timeline for the California Online College to commence operations, and the board and the district are in need of immediate assistance with administration, fiscal, technology, and other services described in the Administrative Services Agreement and Fiscal Agency Agreement entered between the district and the Foundation in September 2018; and
WHEREAS, these agreements represent an appropriate arrangement between the parties that will ensure the district has the services it needs to perform the many start-up functions the Legislature has required, and a reasonable cost that fairly compensates the Foundation, and protects its cash flow against the burdens of immediate expenditures; and
THEREFORE, BE IT RESOLVED, that the California Online Community College District Board of Trustees directs the following actions:
• Consistent with Resolution 2018-02, and with Education Code section 75005, subdivisions(d)(1) and (d)(6), the Board of Trustees hereby ratifies the Administrative Services Agreementand Fiscal Agency Agreement entered between the district and the Foundation for CaliforniaCommunity Colleges in September 2018, for the purpose of providing administrative supportfor the California Online Community College’s start-up functions.
• The Chancellor shall take all necessary and appropriate steps to implement this Resolution.
PASSED AND ADOPTED as California Online Community College District Resolution 2018-07 this eighteenth day of September, 2018, by the following vote:
Dated: September 18, 2018
Tom Epstein, President Board of Trustees California Online Community College District
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PRESENTED TO THE BOARD OF TRUSTEES DATE: September 18, 2018
SUBJECT: Delegation to Contract with a Chief Technology Officer Item Number: 5
Attachment: Yes (1)
CATEGORY: Advance Team TYPE OF BOARD CONSIDERATION:
Recommended By:
Ajita Menon, Senior Advisor to the Chancellor
Consent/Routine
First Reading
Approved for Consideration:
Eloy Ortiz Oakley, Chancellor
Action X
Information
ISSUE: This item seeks adoption of Resolution 2018-08, delegating certain authority from the Board of Trustees to the Chancellor of the California Community Colleges (“Chancellor”) “to guide the formation” of the California Online Community College District. In this case, specifically to identify and contract for the services of a Chief Technology Officer for the district.
BACKGROUND: The California Online Community College Act requires the Board of Trustees to administer the California Online Community College as its governing board. (Ed. Code, § 75001, subd. (a).) It also provides authority for the Board to authorize the Chancellor to contract with a chief technology officer to provide leadership to the development of the systems required to operate the California Online Community College. (Ed. Code, § 75005, subd. (d)(1).) (Background cont.)
RECOMMENDED ACTION: The Board of Governors is asked to adopt the following resolution:
Be it Resolved,
The California Online Community College District Board of Trustees directs the following actions:
• Consistent with California Education Code section 75005, subdivision (d)(1), the Board ofTrustees authorizes the Chancellor to take official actions to identify, recommend forappointment, and contract with a chief technology officer for the district.
• A contract with a chief technology officer shall be at or below market rates for such services.
• Any contract entered by the Chancellor under the authority of this Resolution shall beeffective upon execution, and shall not require subsequent ratification by the Board ofTrustees or the Executive Committee. But it shall be reported promptly to the ExecutiveCommittee.
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(Background cont.)
Under the proposed Resolution 2018-08, the California Online Community College Board of Trustees would delegate to the Chancellor the authority to take official actions to identify, and contract with a chief technology officer for the district. The Chancellor is required by the Resolution to promptly report the execution of such a contract to the Executive Committee.
To allow the Chancellor to move swiftly on this contract, it will be effective upon execution, and shall not require subsequent ratification by the Board of Trustees or the Executive Committee. The Chancellor will report the action to the Executive Committee.
ANALYSIS: The proposed Resolution 2018-08 is necessary to allow the Chancellor and his designees to commence the work on behalf of the Board of Trustees to guide the formation of the District, as contemplated by the Legislature.
ATTACHMENT: Resolution 2018-08 (Attachment 1).
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Item 5, Attachment 1
California Online Community College District
Resolution No. 2018-08
Delegation of Authority to the Chancellor to Contract with a Chief Technology Officer
WHEREAS, the California Online Community College District’s Board of Trustees has authorized the Chancellor of the California Community Colleges “to exercise any powers or responsibilities or to take any official actions with respect to the management of the college, including any of the college’s assets, contracts, expenditures, facilities, funds, personnel, or property;” and
WHEREAS, the Legislature has established an aggressive timeline for the California Online College to commence operations; and
WHEREAS, the Board of Trustees desires to delegate authority to the Chancellor to take official actions to identify, and contract with, a Chief Technology Officer of the District.
THEREFORE, BE IT RESOLVED, that the California Online Community College District Board of Trustees directs the following actions:
• Consistent with California Education Code section 75005, subdivision (d)(1), the Board ofTrustees authorizes the Chancellor to take official actions to identify, and contract with achief technology officer for the district.
• A contract with a chief technology officer shall be at or below market rates for suchservices.
• Any contract entered by the Chancellor under the authority of this Resolution shall beeffective upon execution, and shall not require subsequent ratification by the Board ofTrustees or the Executive Committee. But it shall be reported promptly to the ExecutiveCommittee.
• The Chancellor shall take all necessary and appropriate steps to implement thisResolution.
PASSED AND ADOPTED as California Online Community College District Resolution 2018-08 this eighteenth day of September, 2018, by the following vote:
Dated: September 18, 2018
Tom Epstein, President Board of Trustees California Online Community College District
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PRESENTED TO THE BOARD OF TRUSTEES DATE: September 18, 2018
SUBJECT: Appointment of Amy Costa to the Executive Committee
Item Number: 6
Attachment: Yes (1)
CATEGORY: District Governance TYPE OF BOARD CONSIDERATION:
Recommended By:
Dr. Daisy Gonzales, Deputy Chancellor
Consent/Routine
First Reading
Approved for Consideration:
Eloy Ortiz Oakley, Chancellor
Action X
Information
ISSUE: This item seeks adoption of Resolution 2018-09, appointing Member Amy Costa to the Executive Committee of the Board of Trustees, to replace former President Estolano.
BACKGROUND: The California Online Community College Act requires the Board of Trustees to administer the California Online Community College as its governing board. (Ed. Code, § 75003, subd. (a).) The legislation also provides broad authority to the Board to delegate its authority to members of the Board. (Ed. Code, §§ 70901, subd. (d); 75005, subd. (d).)
Under the Resolution 2018-06, the Board of Trustees delegated significant statutory authority over the governance of the district to an Executive Committee of seven members, and designated those members. The resignation of former President Estolano now requires the appointment of a seventh member of the Executive Committee.
RECOMMENDED ACTION: The Board of Governors is asked to adopt the following resolution:
Be it Resolved,
• that the California Online Community College District Board of Trustees hereby appointsMember Amy Costa to the Executive Committee of the board; and
• the Chancellor shall take any and all appropriate actions to give effect to this Resolution.
ANALYSIS: The proposed Resolution 2018-09 is necessary to provide the Executive Committee with a full compliment of individuals to share the work of the Executive Committee.
ATTACHMENT: Resolution 2018-09 (Attachment 1).
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Item 6, Attachment 1
California Online Community College District
Resolution No. 2018-09
Executive Committee Appointment
WHEREAS, the California Online Community College District Board of Trustees has been designated as the governing body of the district; and
WHEREAS, the Legislature has authorized the Board of Trustees to designate members with the appropriate skills and experience, including those necessary to guide the formation of a new entity, to exercise any powers or responsibilities or to take any official actions with respect to the management of the college, including any of the college’s assets, contracts, expenditures, facilities, funds, personnel, or property; and
WHEREAS, in Resolution 2018-06, the Board established and appointed a seven-member Executive Committee, delegating to it significant statutory authority over the governance of the district; and
WHEREAS, the resignation of former President Estolano now requires the appointment of a seventh member of the Executive Committee; and
WHEREAS, Member Amy Costa’s past experience provides her a unique perspective on Governor Brown’s intentions in establishing the district.
THEREFORE, BE IT RESOLVED, that the California Online Community College District Board of Trustees directs the following actions:
• that Member Amy Costa is hereby appointed to the Executive Committee of the board; and
• the Chancellor shall take any and all appropriate actions to give effect to this Resolution.
PASSED AND ADOPTED as California Online Community College District Resolution 2018-09 this eighteenth day of September, 2018, by the following vote:
Dated: September 18, 2018
Tom Epstein, President Board of Trustees California Online Community College District
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PRESENTED TO THE BOARD OF TRUSTEES DATE: September 18, 2018
ISSUE: This item presents the 2018-2019 Board of Trustees Executive Committee meeting dates.
BACKGROUND: On August 6, 2018 the Board of Trustees adopted a meeting schedule to coincide with the bi-monthly schedule of the Board of Governors. The action taken anticipates that the bi-monthly meetings of the Board of Trustees are sufficient to monitor the work of the Executive Committee. The Board of Trustees is scheduled to meet as follows: November 14, 2018; January 15, 2019; March 19, 2019; May 21, 2019; July 16, 2019; September 17, 2019; and November 19, 2019.
In consultation with the Executive Committee members, the schedule selected achieves maximum participation of the Executive Committee from October 2018 to December 2019.
RECOMMENDED ACTION: It is recommended that the Board of Trustees approve the meeting dates proposed from October 2018 to December 2019.
ANALYSIS: The proposed schedule of meetings for the Executive Committee of the Board of Trustees is patterned to meet every month. The action taken anticipates that the monthly meetings are sufficient to conduct the necessary work of the Executive Committee.
Executive Committee Meeting Dates for 2018-2019: Monday, October 8, 2018 Tuesday, November 13, 2018 Monday, December 17, 2018 Monday, January 14, 2019 Wednesday, February 6, 2019 Monday, March 18, 2019 Monday, April 8, 2019 Monday, May 20, 2019
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Monday, June 17, 2019 Monday, July 15, 2019 Thursday August 8, 2019 Monday, September 16, 2019 Thursday, October 24, 2019 Monday, November 18, 2019 Wednesday, December 18, 2019
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PRESENTED TO THE BOARD OF TRUSTEES DATE: September 18, 2018
SUBJECT: Discussion of Next Steps Item Number: 8
Attachment: Yes (1)
CATEGORY: District Governance TYPE OF BOARD CONSIDERATION:
Recommended By:
Ajita Menon, Senior Advisor to the Chancellor
Consent/Routine
First Reading
Approved for Consideration:
Eloy Ortiz Oakley, Chancellor
Action
Information X
ISSUE: This item provides an opportunity for the Board of Trustees to discuss and to hear from Chancellor’s Office staff and members of the Advance Team regarding anticipated next steps in the process of guiding the College’s formation.
ATTACHMENTS: Update and Discussion of Next Steps (Attachment 1).
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Item 8, Attachment 1
California Online Community College District
Update and Discussion of Next Steps
The California Online Community College District (District) has continued to advance early efforts to develop the District, building on momentum created by efforts from the Spring and Summer to engage key stakeholders to help inform the design principles of the college. This work included 22 Future of Work Meetups with employers, workers, community and civic actors, workforce and education representatives, and others around the state to better understand how changing market conditions stemming from technological advancements are transforming the skill sets required to thrive in the workforce; surveys gathering feedback to understand and improve how employees are supported in achieving their desired level of education in the face of these economic change; and the Online College Design Thinking Workshop hosted by the Institute for the Future to identify opportunities to drive innovation in online learning and establish early design principles. Information on these foundational activities can be found at: http://doingwhatmatters.cccco.edu/FullyOnlineCommunityCollege/Events.aspx.
Below is an update for information and discussion, highlighting key aspects of the development work.
California Online College District Advance Work
On behalf of the Board of Trustees, the Online College District Advance Team (Advance Team), seeded with philanthropic support, has begun to assemble a team of experts to identify and map key work streams, functions, and milestones needed to successfully launch the new online college consistent with requirements established in statute. Work is progressing in the following areas:
User-Driven Research & Prototyping
Planning activities for the college are building on early stakeholder work described above, using a design thinking process to create an optimal online student experience that effectively addresses key barriers identified by working adults. The Advance Team is working with leading human-centered design firm IDEO around this effort. The design thinking process launched its research phase at the end of August. The effort has begun to engage with a diverse range of working adults, career education and online teaching faculty, employers and other experts, through focus groups and interviews to better understand the needs of key stakeholders to build a successful user experience. Additional opportunities through the fall are being planned to integrate stakeholder feedback from faculty, student support service professionals, employers, union partners, technologists, and other experts in the California Community Colleges and workforce ecosystems. This fall research will engage participants around design concepts and prototypes to ensure the system designed will lead to strong outcomes for working adults that are integrated with efforts throughout the system. This aspect of the work is expected to conclude by late November.
The Advance Team has also begun work with Entangled Solutions to support planning efforts surrounding the research and development functions of the District to help ensure there is an effective strategy for identifying, designing, piloting, evaluating, and scaling new improvements and innovations; mapping an operating model and implementation plan for research and development functions, and tracking early outcomes in the pilot pathways to support continuous improvements in program offerings, student and faculty engagement, and instruction. The effort will also focus on identifying ways the Research & Development unit can collaborate to best support other efforts in the system and to build greater innovation and support strong data-driven actions that improve outcomes for working learners. This aspect of the work is expected to conclude by early December.
Pathway Partnerships and Early Development
Early pathway work is engaging partners to research key occupational and industry pathways specific to the focus population, developing a greater understanding and map of key skills and competencies needed in select pathways, and identifying ways to strengthen connections to additional postsecondary learning and career advancement.
There are now three identified pathways: (1) Healthcare Business Systems, (2) IT Support, and (3) First Line Supervisor. Under Healthcare Business Systems, the work of the Advance Team has involved partnering with SEIU and employer partners to map key skills and competencies leading to a medical coding certificate. Under the IT support pathway, the Advance Team has retained a content expert to consult around mapping skills and competencies for End-user Support and Network Support Specialist programs with partner CompTIA (leading IT standards organization), Cisco, and Google. In the First-line Supervisor pathway needed to support 93,000 annual job openings across 17 different industry sectors, efforts are underway to determine focus sectors and identify lead partner organizations. Additionally, the Advance Team retained a content expert to consult on defining and calibrating essential skills requirements, including literacy, numeracy, digital, and soft skills that will support foundational skills needed across all programs. The Advance Team will continue to work with and recruit from existing community college faculty talent with expertise in the identified pathways.
Research & Benchmarking to Effective Online Efforts
In addition to planning for the development of key capacities in the online college, the Advance Team has begun to engage expertise from postsecondary institutions, technologists, and others to better understand key aspects of online models leading to successful student outcomes that can help inform development of the District and establish key benchmarks to evaluate the District’s efforts, including a recent visit to Arizona State University to better understand key aspects of their operations like online student supports & success coaching. Notably, Arizona State University conducted research earlier this year which included an analysis of 21,000 California students (11,000 on-campus and 10,000 enrolled through ASU’s online college) with results demonstrating comparable outcomes for online and face to face students.
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Executive Search for Online College CEO
The Advance Team is also in the final stages of selecting a search firm to assist with the search for the Online Community College District CEO. Once selected, we will begin immediately working with the firm to develop a search strategy, candidate profile, recruitment process, and timeline. Firm selection is anticipated by late-September.
Other Efforts
Additionally, the Advance Team has begun to identify support for planning around core college functions including: business operations, human resources, and accreditation.
