Minutes

Alamo Community College District

Regular Meeting of the Board of Trustees

George E. Killen Community Education & Service Center

201 W. Sheridan

San Antonio, Texas

November 19, 2002

 

 

CALL TO ORDER AND ROLL CALL

 

Chairman Dr. Gene Sprague called the meeting to order at 7:15 p.m. and announced that a quorum of trustees was present.

 

The following trustees were present:

 

District 1          Luz Maria Prieto, Vice Chair

District 2          Donald L. McClure

District 3          Vincent A. Lázaro

District 4          Marcelo S. Casillas

District 5          Jesse H. Gonzales

District 6          Dr. Gene Sprague, Chairman

District 7          Charles J. Conner

District 8          Gary Beitzel

District 9          James A. Rindfuss, Secretary

 

 

CERTIFICATION AND POSTING OF NOTICE

 

Chairman Dr. Sprague announced that the notice of the Board meeting had been duly posted at the District Office Building, Northwest Vista College, San Antonio College, St. Philip's College and at Southwest Campus, Palo Alto College, and the ACCD George E. Killen Community Education & Service Center fulfilling the requirements of the statutes as set forth.

 

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INVOCATION

 

The invocation was given by Dr. Dorothy Haecker, Chairperson, Behavioral Sciences Department, Palo Alto College.


 

MEMORIAL

 

A moment of silence was observed for the following individuals:

 

Sylvia Robinson, Retiree

Associate Professor

St. Philip’s College

Counseling/Guidance Dept.

 

George Cuffin, Retiree

Carpenter

San Antonio College

Facilities Dept.

 

 

RECOGNITION OF SPECIAL GUESTS, FACULTY AND STAFF

 

The District-wide Employee of the Month for November 2002 is Ms. Delia Muraira, Senior Secretary, Enrollment Management Dept., Palo Alto College.

 

Mr. Juan Villela, Instructor, St. Philip’s College - Southwest Campus, was recognized for being named the 2002 Texas Technical Training Society Instructor of the year and was presented with a Certificate of Acknowledgment and Achievement.

 

 

CITIZENS TO BE HEARD

 

The following citizens spoke under the citizens to be heard:

 

Mr. Bill Richardson spoke regarding the selection process of the Chancellor Search Committee.

 

Mr. Leon Hernandez spoke regarding the Board Retreat in Bandera, Texas and the Texas Open Meetings Act.

 

Mr. Jesse Alaniz spoke regarding the Board Retreat in Bandera, Texas and the Texas Open Meetings Act.

 

Mr. Alex Bernal spoke regarding the selection process of the Chancellor Search Committee.

 

Trustee Luz Maria Prieto, responded to the citizens to be heard comments that were made regarding the Chancellor Search Committee and how they hope to have a committee selected by the next board meeting.

 


Chairman Dr. Sprague responded to the citizens to be heard comments that were made regarding the Board Retreat in Bandera, Texas and the Texas Open Meetings Act and how they chose to have the Board Retreat in Bandera, Texas and how the agenda items that were voted on as passed, still stand.

 

Trustee Vincent Lazaro addressed his concerns regarding the Board Retreat in Bandera, Texas and the Texas Open Meetings Act.  He stated that the question he directed to TASB was whether or not it was allowable for the Board to meet on Sunday.  Trustee Vincent Lazaro also stated that he would like to see some sort of official notification from TASB.  Chairman Dr. Sprague informed Trustee Vincent Lazaro that there would be some notification.

 

 

PROGRAM HIGHLIGHTS/RECOGNITION

 

Dr. Martinez introduced Betty Ressel, Director, Dr. Joann Salas and Katherine Davis Gray of the Texas School Performance Review, Texas Comptroller of Public Accounts.  They explained the process of the upcoming ACCD performance review.

 

Mr. David Earl, representing the city of Selma, made a Tax Increment Financing (TIF) Zone presentation.  He asked the Board to endorse a proposed retama park development project (409 acres located north of Loop 1604 and an area West of IH 35).

 

 

1.  DISCUSSION AND POSSIBLE ACTION REGARDING

 THE CENTRAL TEXAS TECHNOLOGY CENTER

 

Dr. Ernest Martinez announced that this item was taken to the Board last month as an information item and they were bringing this back tonight for approval.  He then introduced Mr. Chuck Pinto, City Manager of New Braunfels, who spoke to endorse this project.

 

Chairman Dr. Sprague called for any discussion.

 

Trustee James Rindfuss moved that we authorize our Chairman to execute the Memorandum of Agreement on behalf of the Alamo Community College District.  Trustee Jesse H. Gonzales seconded the motion.

 

Chairman Dr. Sprague called for any further discussion.  There being no further discussion, he  then called for the votes.  The votes are recorded as follows:

 

All in favor, none opposed, motion carried.

 

 

Chairman Dr. Sprague announced that Agenda Items  #21 and #22 would be next.

 

 

21.  APPROVAL OF NEGOTIATED FEE FOR FINANCIAL ADVISOR

 

Mr. Ramirez made a brief presentation.  He explained the different costs involved and recommended adoption of the following minute order:

 

            “The estimated fee of $105,700 submitted by the firm of Coastal Securities dated November 14, 2002 for services to be provided in the issuance of $25,450,000 Alamo Community College District Limited Tax Refunding Bonds, Series 2002A be approved.”

 

Trustee James Rindfuss asked if the $25 million is in addition to the previous refunding bond amounts.  Mr. Ramirez responded “no”.  He explained that the $25 million was based on this contract.

 

On motion of Trustee Charles J. Conner, seconded by Trustee Luz Maria Prieto, the minute order was adopted.

 

Chairman Dr. Sprague called for any further discussion.  There being no further discussion, he then called for the votes.  The votes are recorded as follows:

 

All in favor, none opposed, motion carried.

 

 

22.  DISCUSSION AND POSSIBLE APPROVAL OF THE ALAMO COMMUNITY

COLLEGE DISTRICT GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002A

 

On motion of Trustee Jesse H. Gonzales, seconded by Trustee Vincent Lazaro, and by unanimous vote of the Board, the following minute order was adopted:

 

            “The attached Resolution Authorizing the Issuance of ‘Alamo Community College District General Obligation Refunding Bonds, Series 2002-A’; Levying a Continuing Direct Annual Ad Valorem Tax, Within the Limitations Prescribed by Law, for the Payment of the Bonds; Prescribing the Form, Terms, Conditions, and Resolving Other Matters Incident and Related to the Issuance, Sale, and Delivery of the Bonds, including the Approval and Distribution of an Official Statement Pertaining Thereto; Authorizing the Execution of a Paying Agent/Registrar Agreement, an Escrow and Trust Agreement, and a Purchase Contract; Delegating the Authority to Certain Members of the Board of Trustees and District Staff to Execute Certain Documents Relating to the Sale of the Bonds; Complying with the Depository Trust Company’s Letter of Representations; and Providing an Effective Date is hereby approved.”

 

 

2.  DISCUSSION AND POSSIBLE APPOINTMENT

OF CHANCELLOR SEARCH COMMITTEE

 

Trustee Luz Maria Prieto, Chair of the Chancellor Search Committee announced that they will be continuing to work on the appointment of the committee members and will announce the selection of the committee members at the next regular Board meeting.

 

 

3.   APPROVAL OF THE MINUTES OF THE  REGULAR  BOARD

MEETING OF OCTOBER 15, 2002

 

“The minutes of the Regular Board Meeting of the Board of Trustees of the Alamo Community College District on October 15, 2002 is hereby approved.”

 

On motion of Trustee Jesse H. Gonzales, seconded by Trustee Marcelo S. Casillas, this item was approved with the exception of the following corrections:

 

Add the following to Agenda items #11, #12 and #14:

 

Chairman Dr. Sprague called for any further discussion.  There being no further discussion, he then called for the votes.  The votes are recorded as follows:

 

All in favor, none opposed, motion carried.

 

Change the following under Closed Session:

 

On an Amendment to the Severance and Termination Agreement with Robert W. Ramsay, Ed.D., change “Motion failed due to lack of a quorum” to “Motion failed”. 

           

Chairman Dr. Sprague asked if there were any more corrections or additions to the minutes.  There being no further corrections or additions to the minutes, he then called for the votes.  The votes are recorded as follows:

 

            Trustee Charles J. Conner                             Yes

            Chairman Dr. Gene Sprague              Yes

            Trustee Luz Maria Prieto                                Yes

            Trustee Marcelo S. Casillas                           Yes

            Trustee James Rindfuss                                Yes

            Trustee Jesse H. Gonzales                            Yes

            Trustee Donald L. McClure, Sr.                      Yes

            Trustee Gary Beitzel                                       Abstained

            Trustee Vincent A. Lazaro                              Abstained

 

Motion passed.

 

 

4.  APPROVAL OF THE MINUTES OF OCTOBER 25 - 27, 2002

BOARD RETREAT

 

Trustee Vincent Lazaro made a substitute motion that until we receive official notification from the Texas Association of School Boards regarding the legality of this particular meeting that any approval would probably be a bit premature and should be abated until such time that we receive official notification.

 

Substitute motion failed.

 

Chairman Dr. Sprague moved for approval until after they meet in Closed Session.  Trustee Jesse H. Gonzales seconded the motion and by unanimous vote of the Board, this agenda item was tabled until after they meet in Closed Session.


Trustee James Rindfuss made the following correction to Agenda #3, to change the word from “provision” to “condition” and to read as follows:

 

“Trustee James Rindfuss moved that the Board adopt a minute order immediately appointing Dr. Ernest Martinez as our Interim Chancellor, that he be paid a supplement of $2,000 per month on his current salary while serving as Interim Chancellor on the condition that Dr. Martinez would not be a candidate for the permanent position of the Chancellor.”

 

 

5.   APPROVAL OF THE CONSENT AGENDA OF THE REGULAR

BOARD MEETING OF NOVEMBER 19, 2002

 

On motion of Trustee Jesse H. Gonzales, seconded by Trustee Gary Beitzel and by unanimous vote of the Board, the following minute order was adopted:

 

“The Consent Agenda for the Regular Board Meeting of the Alamo Community College District Board of Trustees held on November 19, 2002 is hereby approved.”

 

            Agenda items include:            *7, *8, *10, *11, *13, *14, *15,

                                                            *17, *18, *29, *30, *31 and *32.

 

 

*  7.  ELECTION OF ADJUNCT FACULTY AT THE COLLEGES OF THE ACCD

 

 “Election of adjunct faculty as submitted by the college Presidents and shown on List No. 3 for the 2002-2003 year is hereby approved.  Further Board action will not be required for these persons to teach in the indicated disciplines.  Employment of these persons is contingent upon the instructional needs of the College.”

 

 

*8.  ELECTION OF ADJUNCT CONTINUING EDUCATION FACULTY

 

“Election of Adjunct Continuing Education Faculty as submitted by the President

of Northwest Vista College and shown on List No. 10, is hereby approved.  Employment of these persons is contingent upon the instructional needs of the College.”

 

 

*10.  ELECTION OF FULL-TIME FACULTY

 

“Election of full-time faculty for 2002-2003 academic year as submitted by the President of Palo Alto College and shown on List No. 5, is hereby approved.”

 

 

*11.  ELECTION OF ADJUNCT CONTINUING EDUCATION FACULTY

 

“Election of Adjunct Continuing Education Faculty as submitted by the President

of Palo Alto College and shown on List No. 5, is hereby approved.  Employment of these persons is contingent upon the instructional needs of the College.”

 

                                               

*13.  ELECTION OF ADJUNCT CONTINUING EDUCATION FACULTY

 

“Election of Adjunct Continuing Education Faculty as submitted by the President

of San Antonio College and shown on List No. 5, is hereby approved.  Employment of these persons is contingent upon the instructional needs of the College.”

 

 

*14.  ELECTION OF ADJUNCT FACULTY IN CONTINUING EDUCATION

 

“Election of Adjunct Continuing Education Faculty as submitted by the President of St. Philip’s College and shown on List No. 2, is hereby approved.  Further Board action will not be required for these persons to teach in the indicated areas.  Employment of these persons is contingent upon the instructional needs of the College.”

 

 

*15.  REQUEST FOR ACCEPTANCE OF PRIVATE GIFTS AND

 NON-GOVERNMENT GRANTS TO THE ALAMO COMMUNITY COLLEGE DISTRICT

 

“The Alamo Community College District Board of Trustees hereby accepts the non-governmental gifts and grants made to the Alamo Community College District as shown on the attached report for the period of October 1, 2002 through October 31, 2002.”

 

 

*17.  MONTHLY REPORT ON STATUS OF $25 MILLION REVENUE BOND

 

“Funding, Expenditures, Commitments, and Available Balances.”

 

 

*18.  APPROVAL AND RATIFICATION OF BUDGET TRANSFERS

AND AMENDMENTS

 

“Budget amendments as they appear on the Budget Amendments Report submitted to the Board of Trustees are hereby approved.”

 

 

*29.  ACTION ON BIDS FOR ANNUAL CONTRACT FOR VEHICLE

FUEL, FOR ACCD MOTOR POOL (BID NO. 03M-007)

 

“Based on bids received October 15, 2002, the contract is awarded to the Petroleum Traders Corporation of Fort Wayne, Indiana submitting the unit price bid with the lowest annual cost to the District, an estimated annual expenditure of $60,000.00 for the Annual Contract for Unleaded Gasoline, for the Facilities Department (Bid No. 03M-007), with an option to extend the contract.”

 

 

*30.  ACTION ON BIDS FOR ANNUAL CONTRACT FOR SWIMMING POOL MAINTENANCE AND SERVICE, FOR THE FACILITIES DEPARTMENT

(BID NO. 03M-005)

 

“Based on bids received September 24, 2002, the contract is awarded to Aquatic Commercial Solutions, Inc. of San Antonio, Texas, submitting the low bid meeting specifications of $29,460.00 for Annual Contract for Swimming Pool Maintenance and Service, for the Facilities Department (Bid No. 03M-005), with an option to extend the contract.”

 

 

*31.  ACTION ON BIDS FOR BIENNIAL CONTRACT FOR ELEVATOR MAINTENANCE FOR THE FACILITIES DEPARTMENT, BID #03M-001

 

“Based on bids received October 17, 2002, the contract is awarded to Omni Elevator Company of San Antonio, Texas, submitting the low bid of $87,168.00 ($43,684.00/year) for Elevator Maintenance for a period of two years, with an option to extend for years three, four and five, for the Facilities Department (Bid No. #03M-001).  A 5% contingency per year is also approved for QEI repairs.”

 

 

*32.  MONTHLY REPORT ON COOPERATIVE PURCHASES

IN EXCESS OF $25,000.00

 

“The cooperative purchase report for October 2002 is hereby accepted.”

 

 

6.  DISCUSSION AND POSSIBLE ACTION ON THE

INTERNAL AUDITOR’S CONTRACT

                       

Trustee James Rindfuss stated that the Board had previously discussed the Internal Auditor’s position.  He expressed why he felt this agenda item does not reflect what was previously discussed.  Trustee James Rindfuss then made the following motion:

 

“That the position of the Internal Auditor shall report to the Board and to the Chancellor and at any time prior to August 31, 2005, the person holding the position shall not be subject to termination without the joint consent of the Chancellor and a majority of the Board.”

 

Trustee Jesse H. Gonzales, seconded the motion.

 

Trustee James Rindfuss made a substitute motion to move this agenda item into Closed Session.  Trustee Jesse H. Gonzales seconded the substitute motion.  Chairman Dr. Sprague called for any further discussion.  There being no further discussion and by unanimous vote of the Board, this agenda item was moved into Closed Session.

 

                                                                                                           

9.  RECOMMENDATION FOR APPOINTMENT OF DEAN OF ARTS,

HUMANITIES & SOCIAL SCIENCES AT PALO ALTO COLLEGE

 

On motion of Trustee Marcelo S. Casillas, seconded by Trustee Jesse H. Gonzales and by unanimous vote of the Board, the following minute order was adopted:

 

“Appointment of Stacey Johnson as Dean of Arts, Humanities and Social Sciences at Palo Alto College, effective November 20, 2002, as submitted by the President of the College, is hereby approved.”

 

 

12.  GRANTING OF TITLE OF EMERITUS STATUS

 

On motion of Trustee Jesse H. Gonzales, seconded by Trustee James Rindfuss and by unanimous vote of the Board, the following minute order was adopted:

 

“In recognition of his long and distinguished service to San Antonio College, the title of Professor Emeritus, Mathematics/Computer Science Department, be conferred upon Jack V. Shaw, and he is granted all rights and privileges of this title effective May 31, 2002.”

 

 

16.  FINANCIAL REPORTS

 

Mr. Carlos Ramirez, Vice Chancellor for Fiscal Affairs presented the following financial reports to the Board:

 


1.                  Investments Portfolio Summary - This report is a summary of all financial investment securities held by the District as of 09-30-02.  It also contains information regarding yields on our investments and collateral for our bank deposits.

 

1.                  Statement of Income and Expenditures (Budget vs Actual)–This report shows revenues, expenditures and encumbrances compared against the approved budget for the District.

 

1.                  Comparison of Year-to-Date Actual Balances–This report shows the amounts of actual increase or decrease of revenues and expenditures for Fiscal Year 2002-2003 and 2001-2002.  This report also shows the current year budgets and actuals compared against those of the same month in the previous year.

 

On motion of Trustee Jesse H. Gonzales, seconded by Trustee Vincent Lazaro and by unanimous vote of the Board, the following minute order was adopted:

 

“These financial reports are hereby accepted as presented.”

 

 

19.  APPROVAL OF THE ANNUAL FINANCIAL REPORT FOR ACCD

 

Ms. Dora Verde, CPA and partner with Garza/Gonzalez & Associates, CPA’s gave a brief presentation on the annual report.

 

On motion of Trustee Gary Beitzel, seconded by Trustee James Rindfuss and by unanimous vote of the Board, the following minute order was adopted:

 

“The Annual Financial Report for the fiscal year ended August 31, 2002 of the Alamo Community College District audited by Garza/Gonzalez & Associates, CPA’s, is hereby accepted.”

 

 

20.  APPROVAL OF TRIENNIAL CONTRACT FOR WORKERS’ COMPENSATION

THIRD PARTY ADMINISTRATOR SERVICES (RFP NO. 03A-004)

 

On motion of Trustee Jesse H. Gonzales, seconded by Trustee Vincent Lazaro and by unanimous vote of the Board, the following minute order was adopted:

 

“Barron Risk Management Services is hereby awarded the contract on a “life of the claim file basis” for workers’ compensation third party administrator services for the Alamo Community College District.  The term of the contract will be for three (3) years commencing on December 1, 2002 and ending December 1, 2005 and will apply only to injuries that occur during this time period.  An option to extend the contract for up to two (2) additional one-year terms may be negotiated.”

 

 

23.  DISCUSSION AND POSSIBLE ACTION ON SELECTION OF ARCHITECT

FOR RE-ROOFING KOEHLER CULTURAL CENTER BUILDINGS

 

Mr. Val Santos briefed the Board on this agenda item.  He explained the scope of work and the estimated aggregate cost involved for these projects.

 

Chairman Dr. Sprague asked Mr. Armstrong, Legal Counsel, if the Board could approve this agenda item as presented.

 

Mr. Armstrong advised Chairman Dr. Sprague that he would need some to time to research it.

 

Trustee Jesse H. Gonzales moved to table this agenda item into Closed Session.

 

Mr. Armstrong advised the Board that this agenda item could not be tabled into Closed Session but could be tabled until after Closed Session.

 

After further discussion, Trustee Charles J. Conner made a motion in this particular case to set aside our internal policies with reference to this contract.  Trustee James Rindfuss seconded the motion provided that Trustee Charles J. Conner add his motion to minute order #23 for adoption.

Chairman Dr. Sprague called for the votes and by unanimous vote of the Board the following minute order was adopted:

 

“The Board of Trustees approves Rehler, Vaughan & Koone, Inc. (RKV) for contract award of architectural services for the San Antonio College Monument Sign (Part A), St. Philip’s College Monument Sign (Part B), Re-roofing of the Koehler Carriage House at San Antonio College (Part C), and Re-roofing of the Koehler Cultural Center (Part D).”

 

 

24.  DISCUSSION AND POSSIBLE ACTION ON SELECTION OF GENERAL

COUNSEL FOR LEGAL SERVICES TO THE BOARD OF TRUSTEES

(RFP NO. 03A-010)

 

Trustee Jesse H. Gonzales moved to table this agenda item until after they meet in Closed Session.  Trustee Vincent Lazaro seconded the motion and by unanimous vote of the Board, this agenda item was tabled until after they meet in Closed Session.

 

 

25.  DISCUSSION AND POSSIBLE ACTION ON SELECTION OF SPECIAL

INVESTIGATIVE COUNSEL TO THE BOARD OF TRUSTEES (RFP NO. 03A-011)

 

Trustee James Rindfuss moved that the Board of Trustees award the contract to serve as Special Investigative Counsel to the Board of Trustees to the Law Firm of Goode, Casseb, Jones Riklin Choate & Watson, PC.  Trustee Gary Beitzel seconded the motion.

 

Trustee Marcelo S. Casillas made a substitute motion that the contract be awarded to Quinlan, Dilley, Dilley & Mead.  Trustee Vincent Lazaro seconded the substitute motion.

 

Chairman Dr. Sprague called for the votes on the substitute motion made by Trustee Marcelo S. Casillas to signify by raising their right hands.  The votes are recorded as follows:

 

Chairman Dr. Sprague                       Yes

Trustee Vincent Lazaro                      Yes

Trustee Marcelo S. Casillas               Yes

Trustee Donald L. McClure                 Yes

Trustee Luz Prieto                              Opposed

James Rindfuss                                  Opposed

Trustee Jesse H. Gonzales                Opposed

Trustee Gary Beitzel                           Opposed

Trustee Charles J. Conner                 Opposed

 

Motion failed.

 

Chairman Dr. Sprague called for the votes on the original motion made by Trustee James Rindfuss to signify by raising their right hands.  The votes are recorded as follows:

 

Chairman Dr. Sprague                       Yes

Trustee Luz Prieto                              Yes

Trustee Gary Beitzel                           Yes

Trustee James Rindfuss                    Yes

Trustee Jesse H. Gonzales                Yes

Trustee Marcelo S. Casillas               Yes

Trustee Charles J. Conner                 Yes

Trustee Vincent Lazaro                      Opposed

Trustee Donald McClure                     Opposed

 

Original motion passed to award the contract to serve as Special Investigative Counsel to the Board of Trustees to the Law Firm of Goode, Casseb, Jones Riklin Choate & Watson, PC. effectively immediately.

 

 

26.  ACTION ON REQUEST FOR PROPOSALS FOR AN ANNUAL CONTRACT

FOR EXECUTIVE SEARCH ASSISTANCE FOR THE HUMAN

RESOURCES DEPARTMENT (RFP NO. 03A-019)

 

Trustee Gary Beitzel moved that we accept the proposal from the ACCT.  Trustee Vincent Lazaro seconded the motion.

 

Trustee James Rindfuss made a substitute motion that we accept the proposal from Isaacson Miller.  Trustee Jesse H. Gonzales seconded the substitute motion.

 

Chairman Dr. Sprague called for the votes on the substitute motion made by Trustee James Rindfuss to signify by raising their right hands.  The votes are recorded as follows:

 

Chairman Dr. Sprague                       Yes

Trustee Luz Prieto                              Yes

Trustee Gary Beitzel                           Yes

Trustee James Rindfuss                    Yes

Trustee Jesse H. Gonzales                Yes

Trustee Marcelo S. Casillas               Yes

Trustee Charles J. Conner                 Yes

Trustee Vincent Lazaro                      Opposed

Trustee Donald McClure                     Opposed

 

Substitute motion passed to accept the proposal from Isaacson Miller.

 

 

27.  PRESENTATION AND DISCUSSION OF DEMOGRAPHIC STUDY

 

Ms. Velda Villarreal, Director of Community Education Special Projects, serves as ACCD’s primary researcher in addition to other responsibilities.

 

Ms. Villarreal made a presentation to the Board of the results of her demographic analysis of the data provided by Mr. Tom Long of CPS.  Her report encompassed the portion of 1604 from the far northeast Tri-City area (Live Oak, Universal City, & Converse) of Bexar County around the northern portion of the Loop to Northwest Vista College.

 

 

CLOSED SESSION

 

Chairman Dr. Sprague announced that the meeting would adjourn into Closed Session under the statues providing for such Closed Session at 10:48 p.m.

 

 

RECONVENED INTO OPEN MEETING

 

Chairman Dr. Gene Sprague reconvened the meeting into Open Session at 1:05 a.m., November 20, 2002.

 

The Board took the following action:

 

 

24.  DISCUSSION AND POSSIBLE ACTION ON SELECTION OF GENERAL COUNSEL

FOR LEGAL SERVICES TO THE BOARD OF TRUSTEES (RFP NO. 03A-010)

 

Trustee Luz Maria Prieto moved to award selection of General Counsel to the following two firms:

 

Langley & Banack to continue serving as our legal counsel in regard to Board matters and working on the policies and procedures as we have already established.

 

Campos, Martinez-Vitela & Villarreal in terms of the bulk of our employment and labor work.

 

Trustee Charles J. Conner seconded the motion.

 

Trustee Jesse H. Gonzales made a substitute motion to award selection of General Counsel to the following two firms:

 

Langley & Banack

Gale, Wilson & Sanchez.

 

Trustee Vincent Lazaro seconded the substitute motion.

 

Trustee James Rindfuss moved to select Langley & Banack to perform in the function of Legal Counsel and if there is a conflict, we address to provide another firm at a later time.

 

Trustee Gary Beitzel seconded the motion.

 

Trustee James Rindfuss withdrew his motion.

 

Chairman Dr. Sprague called for the votes on the substitute motion made by Trustee Jesse H. Gonzales to signify by raising their right hands.  The votes are recorded as follows:

 

Chairman Dr. Sprague                       Opposed

Trustee Luz Prieto                              Opposed

Trustee Gary Beitzel                           Opposed

Trustee James Rindfuss                    Opposed

Trustee Jesse H. Gonzales                Yes

Trustee Marcelo S. Casillas               </