Merced Community College District Board of …...UNAPPROVED Merced Community College District Board of Trustees meeting held November 1, 2011 1. Public Session Call to Order The Board

UNAPPROVED Merced Community College District

Board of Trustees meeting held November 1, 2011

1. Public Session Call to Order

The Board Vice President (Eugene Vierra) called the meeting to order at 5:00 p.m. The meeting was held in the Margaret Randolph Board Room on the Merced College Campus in Merced.

2. Hearing of the Public An opportunity was provided for members of the public to address the Board on matters of general district business. No one addressed the Board.

3. Closed Session Items The Board President referenced the item to be presented during closed session then closed the meeting to the public. The closed session items are listed below.

• PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE • CONFERENCE WITH DISTRICT LABOR NEGOTIATOR, Benjamin T.

Duran, Negotiations with CSEA Chapter 274

• CONFERENCE WITH DISTRICT LABOR NEGOTIATOR, Benjamin T. Duran, Negotiations with MCFA Chapter 770

4. Resume Public Session The public session reconvened at 6:10 p.m. in the Margaret Randolph Board Room on the Merced College Campus in Merced. Members Present: Eugene J. Vierra, Lew Braxton, Jinet Troost, Cindy Lashbrook, Student Trustee Sean Kilby Members Absent: Les McCabe Others Present: Benjamin T. Duran, Marianne Tortorici, Mazie Brewington, Keith Law (MCFA), Wilma Prine (Classified Senate), Richard Zeunges (CSEA), Veronica Oforlea (Management Team), Monica Robles, Dominique Navarrette, Doug Kain, Natalia Austin, Robin Shepard, Stacey Hicks (Recording Secretary) Student Trustee Kilby led the Pledge of Allegiance. Dr. Duran gave a report on the status of Trustee McCabe. There was nothing to report out of closed session.

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5. Hearing of the Public An opportunity was provided for members of the public to address the Board on matters of general district business. Keith Law encouraged the Board to consider including someone prominent from UC, Merced as a community member on the committee to hire the new Superintendent/President.

6. Additions and/or Changes to the Agenda None.

7. Presentations a. October Student of the Month

Marie Bruley introduced Professor Judy Rose who nominated Monica Robles as the October Student of the Month.

Professor Rose introduced Monica Robles. She is an intern student and doing her internship at Doctors Hospital in Modesto. Monica is a student who looks for what needs to be done and does it without being asked. She is the class Treasurer. She has completed 58.5 units with a 4.0 GPA and will be completing the program in December. She has been commended for her outstanding skills in her evaluations. She is a member of Phi Theta Kappa. Monica thanked Judy Rose and Shelley Donnelly for their support as well as the facilities she has worked in. She also thanked her fiancé for his support.

b. November Student of the Month Marie Bruley introduced Professor Debi Swartz who nominated Dominique Navarrette as the November Student of the Month. Professor Swartz introduced Dominique Navarrette. He is a re-entry student and a single father of four children. He has persevered through medical issues to obtain his goal. He is a member of two honor societies on campus. He plans to transfer to UC, Merced. He has a 3.5 GPA. Dominique thanked his mom for her support as well as his fiancé and children. He is very proud of the opportunity to show his children that you can achieve your goals.

c. Periodic Table Project Dr. Tortorici introduced Dean Doug Kain. Dean Kain is the Dean of Science, Math, and Engineering.

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Dean Kain provided a presentation and information on the periodic table display the science department is working on raising funds for and wanting to put up as an interactive display for students and the public.

8. Consideration of Consent Agenda MSCU (Braxton/Haden) to approve the consent agenda items as summarized below. Student advisory vote was aye.

a. Minutes for Meeting held October 4, 2011 b. Minutes for Meeting held October 18, 2011 c. Contracts as Summarized on Schedule 12-15 c. Warrants, Payroll Registers and Trip Requests as Summarized on

Schedule 12-16 d. Resolutions 12-29 through 12-33, Intrabudget Transfers e. Resolutions 12-34 through 12-37, Use of Unbudgeted Funds f. Personnel Schedule 12-17 g. Purchase Orders as Summarized on Schedule 12-18 h. Permission to Sell/Donate/Discard District Equipment as Listed on

Schedule 12-19 i. Donations

9. To the Board for Discussions and/or Action

a. Public Hearing on Redistricting Scenarios No one addressed the Board.

b. Adoption of Redistricting Scenario Natalia Austin from Merced County Association of Governments reviewed the criteria for redistricting, the existing areas and demographics, and the proposed scenarios. She discussed the scenario developed to test the retrogression in Area 7. The test dips and juts to gather only Hispanic population and excludes non-Hispanics, breaking up neighborhoods and communities of interest. Also the deviation is very high at 9.2%. The final analysis is retrogression is unavoidable and the initial three scenarios meet the criteria the best.

Discussion occurred.

MS (Haden/Braxton) to adopt redistricting scenario A2. Student advisory vote was aye. Trustees Lashbrook, Jordan, Troost, Braxton voted no. MSC (Troost/Braxton) to adopt redistricting scenario C2. Student advisory vote was aye. Trustee Lashbrook voted no.

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c. 2012-13 Academic Calendar Vice President Brewington said Dr. Tortorici and Keith Law will be commenting on this item. Keith stated an error was found on the calendar. The MCFA contract states the academic year shall be 175 days. The proposed calendar shows 176 days. Keith Law suggested the Thursday before Good Friday in the spring semester would become a holiday. Dr. Tortorici reminded the Board only the state can declare holidays. Given the confusion the Board requested this item be brought back to the next Board meeting. There was discussion regarding the summer session. Dr. Tortorici explained that at the request of the faculty the session was expanded to eight weeks for those disciplines that need the extra time. She said the majority of classes will be six weeks. The extra two weeks will accommodate disciplines such as Biology that need more time to improve student success. MSC (Haden/Braxton) to bring this item back to the December meeting after faculty and administration have come to mutual agreement. Student advisory vote was aye.

d. MOU with Philippine Normal University Dr. Duran explained this Memorandum of Understanding is with a University that is interested in developing an articulation agreement with us. We currently have a similar agreement with universities in Japan. If this is approved discussions will begin between our faculty and their faculty to see if this will be a viable relationship. Academic Senate President, Marie Bruley, expressed her concerns regarding this MOU which she stated she has shared with Dr. Duran when she met with him. She said with sections being cut our students are already limited in courses available. She encouraged the college to look at what fiscal impacts this will have and the enrollment numbers. The agreements we already have with Japanese Universities would be good resources to model this after. Discussion occurred. MSC (Haden/Troost) to approve the MOU with Philippine Normal University. Student advisory vote was aye.

10. To the Board for Information a. Accreditation Update

Dr. Duran said administration met with Matthew Lee. The action plans have been developed during the campus workshop he facilitated and have been forwarded to him for his review. We should have his feedback this week or next week. The larger Accreditation Committee will be given his feedback to

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review. Matthew has indicated in November we need to collect all of the evidence supporting our work since March and writing would begin in December. Robin is developing the template for the report we will submit to the Commission. Matthew will be working with us through January. Dr. Tortorici developed a PowerPoint presentation to share with the entire campus that emphasizes the importance of accreditation.

13. Information & Questions a. From Board Members

Trustee Lashbrook had nothing to report. Trustee Haden congratulated Coach Bill Halpin on a great season. He commended the faculty and all staff for working hard to meet accreditation standards. He congratulated Cherie and the staff that worked to get the grants that were announced at the Los Banos meeting. Trustee Jordan echoed Trustee Haden’s statements regarding the work on accreditation. He said accreditation is a challenge, but it is important and all staff need to work together to get the college off of warning status. He expressed concern over some faculty members dragging their feet to do their part. If this is happening, it needs to be resolved and the work is necessary. Student Trustee Kilby said ASMC just hosted Fright Fest and it was a great success with about 200 attendees. ASMC is putting on a holiday meal for the homeless on Saturday, November 19 with support from Taher and local businesses. The officers attended a leadership conference and gained valuable information. Trustee Braxton commended Student Trustee Kilby and ASMC on all their work. He thanked all the staff for their work on accreditation. Trustee Troost made reference to the articles in the newspaper about the high speed rail and the community college system’s support of the project. Her constituents drafted a statement addressing their concerns with the community college system supporting the project and they asked her to read it, which she did. She requested this item be placed on the agenda of the next regular Board meeting. Trustee Vierra stated the next meeting of the Board will be on November 14 and is a workshop for the Board. The next regular Board meeting will be December 6 with closed session at 4:00 p.m. and public session at 5:00 p.m. He expressed his appreciation to all staff for their work on accreditation, the budget, and all the work that keeps the college open. He expressed that if individuals choose to send correspondence without identifying themselves the correspondence will be ignored and given no merit.

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b. From Academic Senate

Marie Bruley said Senate urges the Board and administration to move forward on hiring a Human Resources person in order to meet accreditation standards. Without someone directing HR, it is difficult to meet the accreditation recommendations. A faculty forum was held to help meet the communication recommendation. A program review task force meeting was held and they are working on the program review accreditation recommendations.

c. From Faculty Association Keith Law said he disagrees with certain Board members who are dismissive of the accreditation process, as accreditation is an important indicator for parents who want to send their children to good colleges. He also disagrees with certain Board members who are implying that faculty are dragging their feet when it comes to working on accreditation and feels there are some administrators who are causing issues. He expressed concern over inconsistent hiring practices that need to be addressed as part of accreditation. He agrees with Marie Bruley on the importance of hiring a Human Resources person. The SLO Coordinator position has gone from 15 to 9 units of release time and this is not enough time. He expressed faculty concerns regarding being compensated for their additional work, which includes part-time faculty.

d. From Classified Senate Wilma Prine reported she is encouraged by increased participation by classified staff. Shared governance representation on committees is being discussed. They are also looking at fund raising opportunities to provide scholarships once again.

e. From CSEA Richard Zeunges said a letter will be submitted to the Board stating Wayne Hicks has completed training to be a jacketed Job Steward and that he will be identified by CSEA as such. Elections are coming up. Negotiations are going well. CSEA is working on getting feedback from workshops put together to share with the campus regarding accreditation with an emphasis on communication.

f. From Management Team Veronica Oforlea reported the Management Team is working on accreditation recommendations, especially regarding communication. The management team is taking the accreditation recommendations very seriously. Sue Miller will be recognized by the management team this month for her outstanding work in Human Resources.

g. Superintendent’s Report

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Dr. Duran said administration is working with all constituents on campus regarding accreditation. He addressed the concerns in the statement read by Trustee Troost regarding High Speed Rail and stated he is a member of the local High Speed Rail committee. He has not brought this issue to the Board because it is not within the purview of Merced College.

14. Future Discussion Items from Board Members Trustee Vierra asked that making our campuses smoke free be on the next agenda.

15. Second Closed Session A second closed session was not needed.

The meeting was adjourned at 8:06 p.m. Approved

Secretary to the Board of Trustees

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Merced Community College District Board of Trustees Workshop

held November 14, 2011

1. Public Session Call to Order The Board Vice President (Eugene Vierra) called the meeting to order at 3:05 p.m. The meeting was held in Margaret M. Randolph Board Room on the Merced College Campus in Merced. Members Present: Eugene J. Vierra, Lewis Braxton, Robert Haden, Cindy Lashbrook, Dennis Jordan Members Absent: Les McCabe, Jinet Troost Others Present: Benjamin T. Duran, Cindra Smith, Veronica Oforlea, Stacey Hicks (Recording Secretary) Trustee Braxton led the Pledge of Allegiance.

2. Hearing of the Public An opportunity was provided for members of the public to address the Board on matters of general district business. Veronica Oforlea requested that the Management Team have three representatives on the committee to select the new CEO; one Vice President and two managers. She has been approached by many members of the Management Team to have an equal number of representatives as faculty has on this committee.

3. Board Related Accreditation Recommendations The letter from the Accrediting Commission was reviewed. Dr. Duran stated recommendations 1, 2, and 3 are being worked on by staff on campus and a good amount of progress is being made. The report that will be submitted to the Commission will include our plans and the progress made. Dr. Duran recommended the Board hold a workshop in February to check-in with where they are in meeting recommendations 5 and 8; the Board agreed.

The recommendations in the report from the visiting team that relate to the Board were reviewed and discussed. There was discussion about membership in ACCT and CCCT as well as attendance at outside conferences and trainings. The action plans developed by the Accreditation Committee and refined by Matthew Lee related to the Board and Human Resources were reviewed and discussed. The Accreditation Steering Committee will provide regular updates to the Board and offer time for feedback and discussion at Board meetings. The

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Board added a step/objective to recommendation 43. Recommendation 44 item c will be an item for the Board workshop in February. The Board needs to be more proactive and increase their knowledge of community college and state issues and policy decision making. It was requested that the hiring of a Human Resources manager be placed on the December agenda.

4. Board Policy 3200: Accreditation The Board reviewed the proposed policy.

In the third paragraph “in which Board participation is required” was deleted. In the fourth paragraph “a summary of” was deleted. This is a first reading and this policy will be brought to the Board at the December meeting for possible adoption.

5. Self-Evaluation Review and Plan for Improvement The next evaluation will take place in summer 2012. Trustee Haden recommended the Board consider doing their self-evaluation annually and review the process itself every two years. The questions which received a rating of 2.9 or lower were discussed and plans were developed. Question 7 & 9: There will be two retreats per year. A board development/education item will be on the agenda at each regular meeting. Additional workshops or meetings can be scheduled as needed. Question 17: Consensus was reached that policy states there should be one voice for the college. Board members always refer media to the Superintendent/President unless the Board appoints a Board spokesperson. It was decided to remove this question from the self-evaluation. Question 19: Consensus was reached that the community does have options to provide their input to the Board. Trustee Lashbrook asked for a list of committees that encourage community input and/or have a community person as part of its membership. Question 26: The Board relies on the shared governance process to develop a budget. Dr. Duran recommended the Budget 101 workshop that Vice President Brewington provides to staff campus-wide be given to the Board. The

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information provided at the new trustee workshop given by CCLC on fiscal responsibility of the Board is a great resource as well. There was discussion of changing the way the self-evaluation process is done. Cindra suggested at the spring 2012 workshop she can provide models of what other college Boards are doing. Having an open dialogue and fewer questions may be more effective and a plan for improvement could be developed during the discussion. The Board was provided a brochure on Trusteeship Tasks, Knowledge, and Skills. They also received a list of items on Board responsibilities and Board governance.

6. Board Policy 2715: Code of Ethics/Standards of Practice The Censure Policy that was added was reviewed. This was added as a result from the April workshop where the Board selected this language and asked that it be added and brought back for review and approval. This is a first reading and this policy will be brought to the Board at the December meeting for possible approval.

7. Board Policy 2740: Board Education The current policy was reviewed as well as sample language that could be considered to be included in the policy. Trustee Jordan will review for grammatical and structure changes and provide those to Stacey. This is a first reading and this policy will be brought to the Board at the December meeting for possible approval.

8. Government Code Section 54963 – Confidentiality of Closed Session Items The Board came to consensus that each Trustee will sign the acknowledgement statement. Stacey will provide copies of the Government Code Section and have an acknowledgement statement prepared for each Trustee to sign at the December meeting.

9. CEO Selection Process

There was discussion of changing the composition of the selection committee. Robert Haden has been designated to chair the committee and one other Trustee will be appointed. Stacey was directed to ask for nominations from the Management Team, faculty, and classified staff. Once nominations are received she will develop a ballot for the Management Team, faculty, and classified staff to vote for the nominees presented among their constituent group.

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Community members will be asked to complete an application if they are interested in being on the committee. Stacey will contact other colleges who have recently conducted a CEO search to get sample applications.

10. Closed Session Items The Board Vice President referenced the item to be presented during closed session then closed the meeting to the public. The closed session items are listed below.

a. Negotiations with President regarding Potential Amendments to Employment Contract District Negotiators: Robert Haden, Dennis Jordan, Jinet Troost Government Code section 54957.6)

11. Report Out of Closed Session The Board voted 4 to 1 to approve a proposal from Dr. Duran, pending review by District legal counsel, allowing him to serve as interim Superintendent/President from January 1, 2012, to July 5, 2012. Trustee Lashbrook voted no.

The meeting was adjourned at 7:08 p.m. Approved

Secretary to the Board of Trustees

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Schedule 12-20

Contract ResponsibleNumber Description Person

MC2093 Agreement with The Regents of the University of M. TortoriciCalifornia on behalf of Merced Campus and MCCDWPLRC (11/1/11 - 6/30/12); to provide (20) sessionsof Customer Service Academy (fee based/not-for-credit); income to District $16,000.

MC2094 Agreement with Mercy Medical Center Merced and M. TortoriciMCCD WPLRC/Contract Ed. (11/2/11 - 11/2/11) to provide (1) session of Employee Engagement (fee-based/not-for-credit); income to District $1,500.

MC2038A Amended subcontract grant agreement with West M. TortoriciHills Community College through the California (categorical)Community Colleges Chancellor's Office and MCCD WPLRC (4/1/11 - 6/30/12) for Career Pathways inTechnical Office Occupations and Medical Assistantcourses; grant #10-091-004; income to District changed from $171,705 to $173,190.

MC2095 Affiliate agreement with Daniel Hardy, M.D. and MCCD M. Tortorici(3/8/11 - 3/8/15) for Career Advancement AcademyMedical Assistant program for student laboratorylearning experience; no cost to District.

MC2096 Agreement with San Diego State University "SDSU" A. NewinsE-Hug Projects and MCCD (11/14/11 - 11/13/12) forweb-based Echeckup to Go Program (Drug/alcoholevaluation/survey tool); no cost to District.

MC2097 Cooperative Education Extern Program Agreement M. Tortoriciwith Catholic Healthcare West dba Mercy MedicalCenter and MCCD (6/17/11 - 6/16/13) for theRegistered Nursing Program; no cost to District.

MC2098 First Amendment Student Training Agreement with M. TortoriciCatholic Healthcare West dba Mercy Medical Centerand MCCD (3/25/10 - 3/25/12) for Medical Office andTechnical Office Occupation Programs; no cost toDistrict.

MERCED COLLEGEOffice of Business Services

Contract SummaryBoard Meeting of December 6, 2011

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Schedule 12-20

Contract ResponsibleNumber Description Person

MC2099 Affiliation Agreement with Golden Valley Health Center M. Tortoriciand MCCD (1/1/12 - 1/1/14) for the Registered Nursing and/or Licensed Vocational Nursing programs;no cost to District.

MC2100 Student Training Agreement with Catholic Healthcare M. TortoriciWest dba Mercy Hospital and MCCD (5/6/11 -5/6/13) for Diagnostic Radiologic Technology Program; no cost to District.

MC2101 Educational Registered Nurse Instructor Agreement M. Tortoriciwith Catholic Healthcare West dba Mercy Hospitaland MCCD (6/21/10 - 6/20/12) for Registered Nursing Program; no cost to District.

MC2102 Educational Teaching Assistant Agreement with M. TortoriciCatholic Healthcare West dba Mercy Hospital andMCCD (9/2/11 - 9/1/13) for teaching assistant for RNProgram; no cost to District.

MC2103 Agreement with City of Merced and MCCD WPLRC/ M. TortoriciContract Ed. (2/16/12 - 2/23/12) to provide 8 hoursGenerational Diversity training (operation fee/for-credit);income to District $1,130.

MC2104 Grant agreement with California Community Colleges M. TortoriciChancellor's Office and MCCD WPLRC/Contract Ed. (categorical)Responsive Training Fund (RTF) #11-332 (10/1/11 -6/30/12); programmable logic controller training for(100) participants; income to District $349,600.

MC2105 Agreement with County of Merced, Human Services M. TortoriciAgency and MCCD WPLRC/Contract Ed. (3/1/12 -4/30/12) to provide (18) sessions Cultural Diversity and Civil Rights training (fee based/not-for-credit);income to District $15,300.

MC2070B Second amendment to agreement with PPL, Inc. and B. DuranMCCD (10/31/11 - 1/31/12) for additional services foraccreditation assistance; cost to District not to exceed $50,100.

MERCED COLLEGEOffice of Business Services

Contract SummaryBoard Meeting of December 6, 2011

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MERCED COLLEGE OFFICE OF BUSINESS SERVICES

WARRANT REGISTERSchedule 12-21

December 6, 2011

A. Warrant RegisterWARRANT #

FUND DATE BEGINNING ENDING AMOUNT

General 10/3/2011 2043660 2043727 145,913.15 General 10/11/2011 2046872 2046937 67,343.51 General 10/17/2011 2049924 2050004 424,952.55 General 10/17/2011 2050045 2050045 114,220.03 General 10/24/2011 2052227 2052281 932,287.14 General 10/31/2011 2058582 2058662 144,693.39

Categorical 1 10/3/2011 2043728 2043732 2,096.84 Categorical 1 10/11/2011 2046938 2046947 3,817.04 Categorical 1 10/17/2011 2050005 2050018 20,421.66 Categorical 1 10/24/2011 2052282 2052284 1,158.34 Categorical 1 10/31/2011 2058663 2058670 3,182.86

Categorical 2 10/3/2011 2043733 2043737 12,433.52 Categorical 2 10/11/2011 2046948 2046963 26,670.19 Categorical 2 10/17/2011 2050019 2050030 17,251.30 Categorical 2 10/24/2011 2052285 2052291 6,340.50 Categorical 2 10/31/2011 2058671 2058681 9,781.55

Child Development 10/3/2011 2043738 2043739 806.63 Child Development 10/11/2011 2046964 2046970 6,001.61 Child Development 10/24/2011 2052292 2052293 2,428.30 Child Development 10/31/2011 2058682 2058683 1,543.37

MC Farm 10/3/2011 2043740 2043747 1,091.73 MC Farm 10/11/2011 2046971 2046974 771.21 MC Farm 10/17/2011 2050031 2050034 3,136.28 MC Farm 10/24/2011 2052294 2052297 187.07 MC Farm 10/31/2011 2058684 2058688 442.26

Capital Projects 10/3/2011 2043748 2043751 1,337.72 Capital Projects 10/11/2011 2046975 2046975 797.21 Capital Projects 10/17/2011 2050035 2050039 7,928.92 Capital Projects 10/24/2011 2052298 2052298 19,917.69 Capital Projects 10/31/2011 2058689 2058697 17,310.65

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Bond Construction SFID1B 10/17/2011 2050040 2050040 8,222.50 Bond Construction SFID1B 10/31/2011 2058698 2058698 2,500.00

Bond Construction SFID2B 10/17/2011 2050041 2050042 1,362.78

ASMC 10/17/2011 2050043 2050044 1,545.57 ASMC 10/31/2011 2058699 2058701 845.00

2,010,740.07

B. Payroll Registers:General 10/10/2011 411,978.76 Work Study 10/10/2011 99,996.24 General 10/31/2011 2,407,658.88 Total: 2,919,633.88

Annual totalsJul 2011 1,683,231.03

Aug 2011 2,687,676.38 Sep 2011 2,886,412.37 Oct 2011 2,919,633.88 Nov 2011Dec 2011Jan 2012Feb 2012Mar 2012Apr 2012

May 2012Jun 2012

Total: 10,176,953.66

C. Trip Requests:General Fund 35,557.00 Categorical I Fund 5,810.00 Categorical II Fund 7,087.00 Child Development Fund 216.00 MC Farm Fund - ASMC Fund - Total: 48,670.00

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MERCED COMMUNITY COLLEGE DISTRICT 3600 M Street

Merced, CA 95348-2898

Resolution 12-39

REQUEST FOR INTRABUDGET TRANSFER November 28, 2011 In accordance with the provisions of the California Code of Regulations (Title V) Section 58308, the following resolution was adopted at a meeting held by the Merced College Board of Trustees. NOW THEREFORE BE IT RESOLVED, that the following intrabudget transfers be made in the GENERAL FUND. To: Appropriation Amount From: Appropriation Amount

PASSED AND ADOPTED, this 6th day of December, 2011, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote:

AYES_______NOES________ABSENT_________

Signed________________________ Secretary of the Board

Date__________________________

2000 3,064 5000 26,964

TOTAL 30,028

1000 1,000 4000 1,198 6000 27,830

TOTAL 30,028

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GENERAL FUND INTRABUDGET TRANSFER

NOVEMBER 28, 2011

4300 Supplies – Women’s Basketball 461 – 5300 Tournament Fees – Women’s Basketball 461 + To provide for tournament fees (Duran) 5000 Unallocated – Vice President, Student Personnel 3,550 – 4400 Supplies – A & R 1,300 – 2100 Classified – Admissions & Records (A & R) 4,850 + To provide for classified employee (12mths) – Newins 4300 Supplies – Drama 914 – 2400 Classified – Drama 914 + To provide for salaries (Tortorici) 6400 Equipment – Dean Area 6 1,152 – 4000 Supplies – Drama 1,152 + To provide for supplies (Tortorici) 4400 Supplies – Superintendent/President 500 – 5300 Duplicating - Superintendent/President 500 + To provide for duplicating (Duran) 4300 Supplies – Journalism 1,028 – 5300 Duplicating – Journalism 642 – 6400 Equipment – English 1,670 + To provide for printer (Tortorici) 6400 Equipment – Information Technology Systems (ITS) 3,648 – 5800 Unallocated – Vice President, Administration Services 1,148 + 5200 Travel - Vice President, Administration Services 2,500 + To provide for travel & reallocation due to refund (Brewington) 4300 Supplies – Allied Health 122 – 5300 Postage – Allied Health 122 + To provide for postage (Tortorici) 4400 Supplies – Student Learning Outcome 95 – 5200 Meeting Expense – Dean Area 5 95 + To provide for meeting expense (Tortorici) 5200 Local Travel – Transportation 1,000 – 4400 Supplies – Transportation 1,000 + To provide for supplies (Brewington)

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GENERAL FUND NOVEMBER 28, 2011 PAGE 2 4400 Supplies – Student Personnel Administration 32 – 5600 Contract Service - Student Personnel Administration 32 + To provide for contract service (Newins) 4400 Supplies – Spirit Leader 300 – 5300 Tournament Fee – Women’s Water Polo 300 + To provide for tournament fee (Duran) 6400 Equipment – ITS 25,000 – 5600 Contract Service – ITS 25,000 + To provide for contract service (Peterson/Walsh) 5800 Unallocated – Dean Area 5 97 – 4300 Supplies – Dean Area 5 97 + To provide for supplies (Tortorici) 4400 Supplies – Maintenance 300 – 6400 Equipment – Maintenance 300 + To provide for shredder (Brewington) 4400 Supplies – Maintenance 400 – 5600 Equipment Rental – Maintenance 400 + To provide for concrete materials (Brewington) 2300 Classified – Men’s Water Polo 2,700 – 4300 Supplies – Men’s Water Polo 2,700 + To provide for supplies (Duran) 4400 Supplies – Spirit Leader 282 – 5300 Tournament Fee – Women’s Basketball 282 + To provide for tournament fees (Duran) 4400 Supplies – Spirit Leader 100 – 5300 Tournament Fee – Men’s Water Polo 100 + To provide for tournament fees (Duran) 5000 Postage – Transfer Center 16 – 4400 Supplies – Transfer Center 16 + To provide for supplies (Newins) 4400 Supplies – Student Personnel Administration 36 – 5600 Contract Service – Student Personnel Administration 36 + To provide for contract service (Newins)

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GENERAL FUND NOVEMBER 28, 2011 PAGE 3 4300 Supplies – Physical Education 222 – 5600 Contract Service – Physical Education 222 + To provide for contract service (Tortorici) 1400 Certificated – Program Review 1,000 – 5200 Local Travel – Program Review 1,000 + To provide for local travel (Tortorici) 4400 Supplies – Office of Relations with Schools (ORS) 52 – 5600 Live Scan – ORS 52 + To provide for live scan (Newins) 4400 Supplies – Student Personnel Administration 19 – 5600 Contract Service – Student Personnel Administration 19 + To provide for contract service (Newins)

SUMMARY

To: From:

2000 Classified 3,064 5000 Services 26,964

TOTAL 30,028

1000 Certificated 1,000 4000 Supplies 1,198 6000 Equipment 27,830

TOTAL 30,028

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Merced, CA 95348-2898

Resolution 12-40

REQUEST FOR INTRABUDGET TRANSFER November 28, 2011 In accordance with the provisions of the California Code of Regulations (Title V) Section 58308, the following resolution was adopted at a meeting held by the Merced College Board of Trustees. NOW THEREFORE BE IT RESOLVED, that the following intrabudget transfers be made in the CATEGORICAL I FUND. To: Appropriation Amount From: Appropriation Amount

PASSED AND ADOPTED, this 6th day of December, 2011, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote: AYES________NOES________ABSENT________ Signed_________________________ Secretary of the Board Date___________________________

2000 214,304 3000 118,324 4000 488 7000 795

TOTAL 333,911

5000 333,216 6000 269 7900 426

TOTAL 333,911

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CATEGORICAL I FUND INTRABUDGET TRANSFER

NOVEMBER 28, 2011

5800 Unallocated – Basic Skills 163,111 – 2000 Classified – Basic Skills 104,661 + 3000 Benefits – Basic Skills 58,450 + To provide for salaries & benefits (Tortorici) 5800 Unallocated – Basic Skills 169,658 – 2000 Classified – Basic Skills 110,017 + 3000 Benefits – Basic Skills 59,641 + To provide for salaries & benefits (Tortorici) 4300 Supplies – Responsive Training Fund (RTF) 88 – 6400 Equipment - RTF 167 – 5300 Duplicating - RTF 255 + To provide for duplicating (Tortorici) 2100 Classified – Workplace Learning Resource Center (WPLRC) 605 – 4400 Supplies – WPLRC 600 + 5600 TB Test – WPLRC 5 + To provide for supplies & TB test (Tortorici) 7900 Contingency – Contract Education 426 – 2100 Classified – Contract Education 231 + 7600 Guarantee Fees – Contract Education 195 + To provide for salaries & guarantee fees (Tortorici) 4300 Supplies – Radiology Technician Support 24 – 6400 Equipment - Radiology Technician Support 102 – 5000 Membership - Radiology Technician Support 126 + To provide for membership (Tortorici) 3600 Benefits – Job Development/Placement 5 – 5600 TB Test - Job Development/Placement 5 + To provide for TB test (Brewington) 5800 Unallocated – Merced County 600 – 7300 Intra Fund – Merced County 600 + To provide for contract education fees (Tortorici) 5800 Unallocated – Merced County Mental Health 238 – 3000 Benefits - Merced County Mental Health 238 + To provide for benefits (Tortorici)

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CATEGORICAL I NOVEMBER 28, 2011 PAGE 2 SUMMARY

To: From:

2000 Classified 214,304 3000 Benefits 118,324 4000 Supplies 488 7000 Other Outgo 795

TOTAL 333,911

5000 Services 333,216 6000 Equipment 269 7900 Contingency 426

TOTAL 333,911

Page 22


Merced, CA 95348-2898

Resolution 12-41

REQUEST FOR INTRABUDGET TRANSFER November 28, 2011 In accordance with the provisions of the California Code of Regulations (Title V) Section 58308, the following resolution was adopted at a meeting held by the Merced College Board of Trustees. NOW THEREFORE BE IT RESOLVED, that following intrabudget transfers be made in the CATEGORICAL II FUND. To: Appropriation Amount From: Appropriation Amount PASSED AND ADOPTED, this 6th day of December, 2011, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote:

AYES________NOES________ABSENT_________ Signed__________________________

Secretary of the Board Date____________________________

1000 4,227 2000 140 3000 1,147 4000 1,174 5000 9,611

TOTAL 16,299

6000 16,299

TOTAL 16,299

Page 23

CATEGORICAL II FUND INTRABUDGET TRANSFER

NOVEMBER 28, 2011

1200 Certificated – Disabled Student Services (DSS) 4,227 – 3000 Benefits – DSS 566 – 5800 Unallocated – DSS 4,793 + Reallocation due to salary & benefit savings (Newins) 3200 Benefits – State DSS 102 – 5800 Unallocated – DSS 102 + Reallocation due to benefit savings (Newins) 4300 Supplies – Registered Enrollment Growth 1,567 – 3000 Benefits - Registered Enrollment Growth 1,567 + To provide for benefits (Tortorici) 3000 Benefits – Vocational & Technical Education Act (VTEA) 68 – 5200 Travel – VTEA 68 + To provide for travel (Tortorici) 5600 Miscellaneous Service – Faculty Grant, Foundation 937 – 6400 Equipment – FAC Grant 937 + To provide for laptop (Newins) 5600 Contract Service – Valley Sierra Collaborative 16,000 – 4300 Supplies - Valley Sierra Collaborative 2,000 + 6400 Equipment - Valley Sierra Collaborative 14,000 + To provide for supplies & truck powertrain trainers (Tortorici) 4300 Supplies - Valley Sierra Collaborative 4,000 – 5200 Travel - Valley Sierra Collaborative 4,000 + To provide for travel (Tortorici) 5300 Duplicating – VTEA 569 – 6400 Equipment – VTEA 569 + To provide for printer & automobile front end (Tortorici) 2100 Classified – Campus Parking 140 – 3000 Benefits - Campus Parking 30 – 5800 Unallocated - Campus Parking 170 + Reallocation due to salary & benefit savings (Brewington) 5600 Miscellaneous Service – FAC Grant 8 – 6400 Equipment – FAC Grant 8 + To provide for laptop (Newins)

Page 24

CATEGORICAL II NOVEMBER 28, 2011 PAGE 2 5000 Membership - Registered Enrollment Growth 136 – 4300 Supplies - Registered Enrollment Growth 136 + To provide for supplies (Tortorici) 5000 Software - Registered Enrollment Growth 203 – 3300 Benefits - Registered Enrollment Growth 59 + 4300 Supplies - Registered Enrollment Growth 144 + To provide for benefits & supplies (Tortorici) 6400 Equipment - Valley Sierra Collaborative 101 – 3000 Benefits - Valley Sierra Collaborative 101 + To provide for benefits (Tortorici) 3400 Benefits - Registered Enrollment Growth 2,108 – 4300 Supplies - Registered Enrollment Growth 2,108 + To provide for supplies (Tortorici) 5600 Miscellaneous Service – Faculty Grant, Foundation 886 – 6400 Equipment - Faculty Grant, Foundation 886 + To provide for laptop (Newins) 5200 Travel - Valley Sierra Collaborative 5 – 4300 Supplies - Valley Sierra Collaborative 5 + To provide for supplies (Tortorici)

SUMMARY

To: From:

6000 Equipment 16,299 TOTAL 16,299

1000 Certificated 4,227 2000 Classified 140 3000 Benefits 1,147 4000 Supplies 1,174 5000 Services 9,611

TOTAL 16,299

Page 25


Merced, CA 95348-2898

Resolution 12-42

REQUEST FOR INTRABUDGET TRANSFER November 28, 2011 In accordance with the provisions of the California Code of Regulations (Title V) Section 58308, the following resolution was adopted at a meeting held by the Merced College Board of Trustees. NOW THEREFORE BE IT RESOLVED, that following intrabudget transfers be made in the CHILD DEVELOPMENT FUND. To: Appropriation Amount From: Appropriation Amount

PASSED AND ADOPTED, this 6th day of December, 2011, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote: AYES________NOES________ABSENT_________ Signed__________________________ Secretary of the Board Date____________________________

2000 9,731 3000 4,665

TOTAL 14,396

4000 219 5000 14,177

TOTAL 14,396

Page 26

CHILD DEVELOPMENT FUND INTRABUDGET TRANSFER

NOVEMBER 28, 2011

2000 Classified – Program for Infant Toddler Care (PITC) 4 – 3000 Benefits – PITC 1 – 4300 Supplies – PITC 5 + To provide for supplies (Tortorici) 2100 Classified – Child Development Center (CDC) Program 51 – 3000 Benefits – CDC Program 12 – 4300 Supplies – CDC Program 63 + To provide for supplies (Tortorici) 4400 Supplies - CDC Program 287 – 5200 Travel - CDC Program 287 + To provide for travel (Tortorici) 5800 Unallocated – CDC, CCAMPIS 364 – 2100 Classified - CDC, CCAMPIS 298 + 3000 Benefits - CDC, CCAMPIS 66 + To provide for salary & benefits (Tortorici) 5800 Unallocated – CDC, CCAMPIS 14,100 – 2000 Classified – CDC, CCAMPIS 9,488 + 3000 Benefits – CDC, CCAMPIS 4,612 + To provide for salary & benefits (Tortorici)

SUMMARY To: From:

2000 Classified 9,731 3000 Benefits 4,665

TOTAL 14,396

4000 Supplies 219 5000 Services 14,177

TOTAL 14,396

Page 27


Merced, CA 95348-2898

RESOLUTION 12-43 FOR USE OF UNBUDGETED FUNDS

November 28, 2011 Whereas, the Governing Board of the Merced Community College District, pursuant to the provisions of the California Code of Regulations (Title V) Section 58307, may by a majority vote of its membership, budget and use any unbudgeted income provided during the fiscal year (1) from a private tax-exempt foundation, or (2) from the federal, state or local government or any department or agency thereof for a particular purpose though distributed by the state: NOW THEREFORE BE IT RESOLVED, that the GENERAL FUND be increased by $2,118 listed below.

a) 8889 Other Student Fees – Library, Copies 2,014 + b) 8899 Other Local Revenue – Community Service 104 + a) To provide for materials (Peterson/Walsh) b) To provide for salary and benefits (Tortorici)


AYES_____NOES______ABSENT_______ Signed___________________

Secretary of the Board Date____________________

Page 28


Merced, CA 95348-2898

RESOLUTION 12-44 FOR USE OF UNBUDGETED FUNDS November 28, 2011 Whereas, the Governing Board of the Merced Community College District, pursuant to the provisions of the California Code of Regulations (Title V) Section 58307, may by a majority vote of its membership, budget and use any unbudgeted income provided during the fiscal year (1) from a private tax-exempt foundation, or (2) from the federal, state or local government or any department or agency thereof for a particular purpose though distributed by the state: NOW THEREFORE BE IT RESOLVED, that the CATEGORICAL I FUND be increased by $359,566 as listed below.

a) 8650 Career Advancement Academy 1,440 + b) 8650 Responsive Training Fund - Make It Happen 349,600 + c) 8899 Other Local Revenue – UC Merced 8,526 +

a) To augment budget award (Tortorici) b) To establish new award (Tortorici) c) To provide for salary & benefits (Tortorici)


AYES_______NOES________ABSENT_________

Signed_____________________

Secretary of the Board Date_______________________

Page 29


Merced, CA 95348-2898


November 28, 2011 Whereas, the Governing Board of the Merced Community College District, pursuant to the provisions of the California Code of Regulations (Title V) Section 58307, may by a majority vote of its membership, budget and use any unbudgeted income provided during the fiscal year (1) from a private tax-exempt foundation, or (2) from the federal, state or local government or any department or agency thereof for a particular purpose though distributed by the state: NOW THEREFORE BE IT RESOLVED, that the CATEGORICAL II FUND be decreased by $1,780 as listed below.

a) 8170 VTEA – Administration 5,166 – b) 8980 Inter Fund – Merced College Foundation 3,386 + a) To reduce budget per state memo dated 10/17/11 (Tortorici) b) To provide for faculty grants (Newins)

PASSED AND ADOPTED, this 6th day of December, 2011, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote: AYES________NOES________ABSENT_________

Signed_____________________

Secretary of the Board Date________________________

Page 30


Merced, CA 95348-2898


November 28, 2011 Whereas, the Governing Board of the Merced Community College District, pursuant to the provisions of the California Code of Regulations (Title V) Section 58307, may by a majority vote of its membership, budget and use any unbudgeted income provided during the fiscal year (1) from a private tax-exempt foundation, or (2) from the federal, state or local government or any department or agency thereof for a particular purpose though distributed by the state: NOW THEREFORE BE IT RESOLVED, that the ASMC FUND be increased by $2,375 listed below.

8895 Club Revenue 2,375 + To augment from club activities (Newins)


AYES_____NOES______ABSENT_______ Signed___________________

Secretary of the Board Date____________________

Page 31


Merced, CA 95348-2898


November 28, 2011 Whereas, the Governing Board of the Merced Community College District, pursuant to the provisions of the California Code of Regulations (Title V) Section 58307, may by a majority vote of its membership, budget and use any unbudgeted income provided during the fiscal year (1) from a private tax-exempt foundation, or (2) from the federal, state or local government or any department or agency thereof for a particular purpose though distributed by the state: NOW THEREFORE BE IT RESOLVED, that the CDC FUND be decreased by $1,026 as listed below.

8199 Other Federal Revenue – Infant Toddler 1,026 - To close program due to lack of state funding (Tortorici)


AYES________NOES_________ABSENT_________

Signed_________________________

Secretary of the Board Date___________________________

Page 32

PERSONNEL SCHEDULE 12-22 December 6, 2011

Following are personnel actions which have occurred since the previous meeting of the Board of Trustees: Faculty/Administrative Employment

A. Regular

Employee Assignment Salary Dates Alvarado, Manuel Dir WpLRC $54,871 12/7/11

B. Adjunct/Overload Note: Hourly instructional assignments are contingent upon adequate enrollment per class.

Employee Assignment Salary Hire Date * Albano, Valerie Biol 04a, Load Bank 50.23 Spring 12 Albertson, Ivan Math 80, sub 49.35 Fall 11 Alvernaz, Barbara Co-op Ed 42.31 Fall 11 I Barnett, Amanda Gen Counseling 37.92 Fall 11 *

Bell, Steve

MCOE Industry Day Outreach

100 stip

Fall 11

Blackmore, Cynthia


100 stip

Fall 11

*

Boyle, Steven

MIG, 2 sessions

957 stip 957 stip

Fall 11

Brooke, Bob Edu 112b, sub 49.35 Fall 11 Camper, Mary Staff Dev Wkshop 100 stip Fall 11

Carvalho, Suzanne


100 stip

Fall 11

*

Constantinescu, Eugen


100 stip

Fall 11

*


Basic PLC Session Intermediate PLC Session

2,295 stip 2,295 stip

Fall 11

*


Intermediate PLC Session

2,295 stip

Spring 12

Craig, Elaine

Sexual Harassment (2)

300 stip 300 stip

Fall 11

Cronk, LaVon


100 stip

Fall 11

Daniels, Mark Psyc 23, sub 51.13 Fall 11 *

Donaher, Kimberly


100 stip

Fall 11

Page 33

Employee Assignment Salary Hire Date Donovan, Timothy Mech 06, sub 44.06/41.44 Fall 11

Eighmey, Patricia

Med Asst: Curr Dev Blood Borne Path: Curr Dev

1,000 stip 1,000 stip

Fall 11

*

Farao, Jaime


100 stip

Fall 11

*

Fishman, Darol


100 stip

Fall 11

*

Fritz, Karen


100 stip

Fall 11

*

Gregory, Aaron


100 stip

Fall 11

Hiser, Robert


100 stip

Fall 11

*

Hoornaert, Don


100 stip

Fall 11

R Jordan Janet Eng 803, 801 47.59 Fall 11 *

Kanemoto, Kathleen


100 stip

Fall 11

* Kline, Susan Note Taking Wkshop 300 stip Fall 11 Laney, Lindsay Mceli 44.06 Spring 12 Lima, Brenda CNA Orientation Inst 360 stip Fall 11 R Lindsey, Emily Edu 112a 42.31 Fall 11 * McBride, Jennifer Tut 106, sub 51.13 Fall 11 I McCrary, Edward Trng 768, 40.55 Fall 11 *

Modafferi, Edward


100 stip

Fall 11

Mohan, Raj Edu 112b, sub 44.06 Fall 11 Moshier, Jennifer Mceli 45.85 Spring 12 *

Nagano, Jeffrey


100 stip

Fall 11

*

Nagano, Jeffrey

Electrical Basic Intermediate Advanced

957 stip 957 stip 957 stip

Fall 11

*

Pecchenino, Michelle


100 stip

Fall 11

Pistoresi, Patty

Emotional Intelligence Wkshop

450 stip

Fall 11

Randol, Joshua Allh 50 43.21 Spring 12 *

Rasmussen, Jacqueline

Med Asst: Curr Dev Blood Borne Path: Curr Dev

1,000 stip 1,000 stip

Fall 11

*

Reintke, Toni

Social Media Wkshops

1,500 stip 1,000 stip

Fall 11

* Retemeyer, Jim Edu, Edu sub 47.59 Fall 11 * Smith, Daniel Regn 25, 27 54.69/52.05 Fall 11 * Soto, Gregory Gen Counseling 41.44 Fall 11

Page 34

Employee Assignment Salary Hire Date *

Soto, Gregory

Counseling & Guidance Outreach for Merced Scholars Charter School

41.44

Spring 12

Suarez, Alfredo Allh 50 43.21 Spring 12 *

Tassey, Bryan


100 stip

Fall 11

*

Thornburgh, James


100 stip

Fall 11

*

Walls, William


100 stip

Fall 11

Zdanowski, Michael Study Central Workshop 50 stip Fall 11 I InitialHire R Revised * Full-time faculty e equivalency C. Separations Employee Assignment Action Dates Duran, Benjamin Superintendent/President Retirement 1/1/12 D. Miscellaneous

Employee Assignment Action Dates Stapleton, Ian Faculty LOA 1/19/12-3/15/12 Classified/Management Employment A. Regular

Employee Assignment Salary Hire Date Davis, Erin Lib Media Tech I $1,120.08 12/07/11

B. Hourly/Short-term

Employee Assignment Salary Hire Date Ashley, Gionni Asst S-ball Coach $1,600.00 stip 9/1/11-11/30/11

Bell, Betsy

CS Youth Water Polo $1,044.00 stip 9/7/11-11/16/11

Canepa, Terrence

Stu Help Desk Tech

$15.16/hr

10/29/11-11/5/11

Canepa, Thomas

Stu Help Desk Tech

$15.16/hr

10/29/11-11/5/11

Eno, Kevin Lib. Media Tech I $13.08/hr 11/2/11-12/15/11 Garris, Colleen CS Fitness Lab Inst $720.00 stip 8/29/11-11/23/11

Page 35

Gentry, Seth CS Lap Swim Inst $219.00 stip 8/29/11-11/23/11

Miller, Susan A.

Asst Women’s Swim Dive Coach

$1,000.00 stip

1/19/12-5/18/12

Rabe, Matthew CS Lap Swim Inst $157.00 stip 8/29/11-11/23/11 Rucker, Lisa CS Lap Swim Inst $548.00 stip 9/12/11-11/23/11 Salmon, Linda CS Art Inst $350.00 stip 10/23/11-11/28/11 Stillman, Mickee Cond Consult VB $330.00 stip 8/15/11-10/24/11 I InitialHire R Revised

C. Separation Employee Assignment Action Date McKenzie, Jerry Maint Mech Retirement 2/1/2012 Rentfrow, Katrina Secretary Resignation 1/3/2012

D. Miscellaneous

Employee Assignment Action Dates Ballard, Ken Electrician II LOA 11/3/11-12/6/11 Harrison, Kyle Welding Lab Volunteer 11/17/11-5/30/12

Morton, Cathy

Inst Aide /Assoc Teacher

Increase in assign 19 to 38 hrs

11/30/11-12/6/11

Roberts, Mary Inst Aide /Assoc Teacher


11/30/11-12/6/11

Sanders, Linda Inst Aide /Assoc Teacher


11/2/11-11/29/11

Short, Erina Women’s V-Ball Volunteer 11/16/11-3/17/12

Villa, Sandra

Inst Aide /Assoc Teacher


11/2/11-11/29/11

Wood, Mayumi

Int’l Stu Svcs

Increase in assign 11 to 11.75 mos

10/18/11-6/30/11

Page 36

Last Name First Name Work CenterFraney Patrick Athletics-BaseballGonzalez Evelyn Admissions & RecordsHarding Kaycee ArtMartinez Mark IT-Welding LabMendoza Jesus DSSPrado Brenda LibraryRehman Uzma Payroll

Federal Work StudyDec-11

Page 37

Last Name First Name Work CenterMoreland Rebecca TutorialRivas Marlene Assessment CenterWeaver Alyssa TutorialWright David Tutorial

General FundDecember 2011 Hires

Page 38

MERCED COLLEGE Office of the President

BOARD AGENDA BACKUP

PRESENTED TO THE BOARD OF TRUSTEES OF THE

MERCED COMMUNITY COLLEGE DISTRICT AT DECEMBER 6, 2011, MEETING OF THE BOARD

Schedule 12-23

Item: Purchase Order Review Presented By: Mazie L. Brewington For: Information Action X Background Information Purchase orders in accounts and funds indicated were issued during this reporting period.

Note: All vouchers, including payments for the above Purchase Orders, are reflected on the Accounts Payable Warrant Report. Purchase Orders dated October 20, 2011, through November 22, 2011, are reflected above. For this period a total of 144 Purchase Orders were processed. Recommendation/Requested Action It is recommended that the Board approve all active Blanket Orders and the Purchase Orders listed above.

General Fund (110) $263,609.58Board Designated Fund (121) $0.00Categorical Fund I (123) $8,726.03Categorical Fund II (124) $51,620.00Child Development Fund (330) $372.47Merced College Farm Fund (340) $6,294.35Capital Projects Fund (410) $26,956.62Bond Construction Fund (420) $0.00Los Banos Bond Construction Fund (421) $0.00Total: $357,579.05

Page 39

MERCEDCOLLEGE Office of the President

BOARD AGENDA BACKUP


MERCED COMMUNITY COLLEGE DISTRICT AT THE DECEMBER 6, 2011 MEETING OF THE BOARD

Schedule 12-24

Item: Authorization To Declare Unsuable Furniture and Equipment

Surplus Property Presented By: Mazie L. Brewington For: Information Action X

Background Information The District Warehouse has miscellaneous equipment listed below that is in unusable condition. Each item is no longer needed by the District and has an estimated value of less than $5,000. Quantity Unit Description Department 1 Ea DVD/VCR Combo Player AH 2 Ea Overhead Projectors Various 6 Ea Printers Various 1 Ea Magazine/Pamphlet Rack Warehouse 3 Ea A/C Recycling Units IT The Board of Trustees as the authority under section 81450-81452 of the Education Code to sell, auction, donate, or otherwise dispose of District equipment or materials that are unusable, obsolete, or no longer needed for District use. Recommendation/Requested Action Board approval is requested to declare these items surplus property and authorize disposal of the property in accordance with the Education Code directive.

Page 40

CURRICULUM REVISIONS FROM October 6, 2011 (Changes effective Summer 2012 unless stated otherwise)

Schedule 12-25

COURSE CHANGES/TITLE 5 CONTENT REVIEW FIRE-49A-ZZ Special Programs in Fire Technology FIRE-72B Fire Command COURSE DEACTIVATION ENGL-L Writing Practice & Improvement

COURSE INACTIVATION ENGL-23 Reading Across the Disciplines

CURRICULUM REVISIONS FROM October 20, 2011 (Changes effective Summer 2012 unless stated otherwise)

COURSE CHANGES/TITLE 5 CONTENT REVIEW AUTO-42 Automotive Electrical Systems AUTO-43 Automotive Fuel Systems AUTO-47 Engine Performance CPSC-39 Programming Concepts and Methodology II ENGR-30 Introduction to Engineering

DISTANCE EDUCATION-PERMANENCY STATUS CLDV-06 Teaching in a Diverse Society

CURRICULUM REVISIONS FROM November 3, 2011 (Changes effective Summer 2012 unless stated otherwise)

COURSE CHANGES/TITLE 5 CONTENT REVIEW FIRE-68C Incident Command System - Intermediate FIRE-69A First Responder FIRE-71B Fire Instructor I - Module B FIRE-73A Fire Prevention I - Module A FIRE-73B Fire Prevention I - Module B FIRE-75 Fire Management I FIRE-76A Fire Apparatus Driver/Operator 1A FIRE-76B Fire Apparatus Driver/Operator 1B

DISTANCE EDUCATION-PERMANENCY STATUS CLDV-07 Introduction to Curriculum for the Young Child

Page 41

Page 42

Page 43

BEFORE THE BOARD OF TRUSTEES OF THE MERCED COMMUNITY COLLEGE DISTRICT

In the Matter of the Adjustment Resolution No. 12-38 Of Trustee Area Boundaries A Resolution by the Board of Trustees To Adopt a Plan for Adjustment of the Trustee Areas

RECITALS

1. California Education Code section 5019.5 requires the governing board of the Merced Community College District (the "District") to adjust the boundaries of the District's current trustee areas to equalize the population following each decennial federal census; and,

2. On May 3, 2011 the Board of Trustees of the District (the “Board”) held

a duly-noticed public hearing on a presentation compiled by legal consultants Nielsen Merksamer Parrinello Gross & Leoni, LLP regarding the redistricting process, legal considerations, proposed timelines, and tasks to be accomplished; and also received a presentation from the District’s retained demographers with the Merced County Association of Governments, who provided current demographic information on Trustee areas; and,

3. At a duly-noticed public hearing on September 6, 2011, the Board

heard a Merced County Association of Governments presentation on the legal requirements that guide the redistricting process, which also included a presentation on the existing Trustee boundaries, current demographics within the District and within each Trustee area, the 2010 US Census blocks, and the status of each Trustee area, and the Board reviewed three preliminary scenarios, and adopted its local guidelines and goals for the redistricting process, and these items were posted on the District’s website for public viewing; and,

4. At a duly-noticed public hearing on October 4, 2011, the Board

reviewed three revised redistricting scenarios using the District’s own guidelines and goals, in compliance with all applicable laws and regulations set forth in the Federal Voting Rights Act, the California Education Code, the California Elections Code, preservation to the greatest extent possible consistent with the other criteria, of the District’s communities of interest, and preservation to the greatest extent possible consistent with the other criteria of the current Trustee area boundaries, and these items were posted on the District’s website for public viewing; and,

5. The District held a public outreach forum on its redistricting process on

October 11, 2011 in Merced; and, 6. The District held a duly-noticed special meeting on October 18, 2011 to

conduct an additional public hearing on three redistricting scenarios; and,

7. The District held an additional public outreach forum on its redistricting

process on October 27, 2011 in Los Banos; and,

Page 44

8. During a duly-noticed public hearing on November 1, 2011, the Board

considered further public comment on the three proposed scenarios; and,

9. The population in the proposed Trustee areas of all three draft

scenarios are substantially equal, as defined by law; and, 10. All three draft Trustee area plans (Scenarios A2, B2, C2) comply with

sections 2 and 5 of the federal Voting Rights Act, including avoiding retrogression to the extent possible, and also comply with all applicable laws and regulations set forth in the California Education Code and the California Elections Code; and,

11. The Board prefers the Trustee area boundaries in proposed Scenario

C which adheres to the redistricting criteria adopted by the Board, including but not limited to better preserving the District’s communities of interest, and in the Board’s view will serve well the interests of all the District’s voters and residents; and, NOW, THEREFORE, BE IT RESOLVED as follows:

A. The above recitals are true and correct;

B. The Board does hereby adopt Scenario C2__, attached hereto as Exhibit “A” and incorporated herein by this reference, as the Trustee area boundary plan to be used in the District’s elections on November 2012 and thereafter;

C. Staff is authorized to make technical emendations to the new redistricting plan that do not substantively affect the populations in the Trustee areas, the District boundaries, compliance with the Board’s redistricting criteria and goals, or the intent of this resolution, and shall advise the Board of any such emendations that are found to be required in plan implementation;

D. The Superintendent/President and/or his designee shall take all actions necessary to submit the adopted redistricting Scenario C2 for preclearance review by the U.S. Department of Justice pursuant to Section 5 of the federal Voting Rights Act, and shall also take all actions necessary to provide whatever assistance may be required by the Elections Department of Merced County, and to complete the process in a timely fashion to permit implementation of these Trustee areas in connection with the District elections to be held on November 2012 .

THE FOREGOING RESOLUTION was adopted upon motion by Trustee , seconded by Trustee , at a noticed meeting held on December 6, 2011, by the following vote: AYES: NAYS: ABSENT: DATED: December 6, 2011

Page 45

President, Board of Trustees Merced Community College District CERTIFICATION I, Jinet Troost, Clerk to the Board of Trustees of the Merced Community College District, certify that the foregoing Resolution was regularly introduced, passed, and adopted by the Board of Trustees at its meeting held on December 6, 2011 DATED: December 6, 2011 Clerk, Board of Trustees Merced Community College District

Page 46

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Population Data Source: U.S. Census Bureau, 2010 Census Redistricting Data (Public Law 94-171) Summary FileCitizen Voting Age Population Data Source: Statewide Database, University of California Berkeley Law, Center for Research

µPage 47

MERCED COLLEGE

Office of the President

BOARD AGENDA BACKUP

PRESENTED TO THE BOARD OF TRUSTEES OF THE MERCED COMMUNITY COLLEGE DISTRICT

AT THE DECEMBER 6, 2011 MEETING OF THE BOARD Item: Use of Categorical Funding Flexibility Option Presented by: Anne Newins For Information X For Action Background Information Assembly Bill X4 provided what was termed a “flexibility option.” At the present time, funds may be moved between specified categorical programs, including credit and non-credit matriculation, Economic Development, Part-time Faculty, Transfer and Articulation, and Faculty and Staff Diversity. This option was created because of the large budget cuts to each of these programs. In addition to providing budget flexibility, those programs that elect to use the flexibility option “shall be deemed to be in compliance with the program and funding requirements contained in statutory, regulatory, and provisional language,” as stated in Sec. 32.84043.2.d. The original option to use the option has been extended from 2012-2013 until 2014-2015 because it is anticipated that the budget problems will last until at least this year. The college has been informed by the Chancellor’s Officer that the use of the flexibility option must be approved on an annual basis at a publicly scheduled hearing, such as a Board of Trustees meeting, so that they may “take testimony from the public, discuss, and shall approve or disapproved the proposed use of funding” in an open forum, as stated in Sec. 32, 84043.2.a. The Board of Trustees first approved the flexibility option at the November 6, 2009 meeting. Recommended Action It is recommended that $1.00 again be transferred from the Faculty and Staff Diversity fund to Credit Matriculation. It is recognized that all of the funds subject to “flexibility” are negatively impacted and that there would be substantial consequences if a large amount was transferred between accounts. The primary reason for this proposed action is to provide potential relief from some categorical regulations that potentially cannot be met due to the budget cuts.

Page 48


BOARD AGENDA BACKUP



Item: Approval of Krafft Ranch Resolution and Authorization to Bid Presented by: Mazie L. Brewington For: Information Action X Background Information Since July 12, 2002, the District has leased its 106 acres of agricultural property legally identified as Assessor Parcel #066-120-060. It is otherwise know as Krafft Ranch on McHenry Road, Merced. The current lease and its two year extension have expired. Pursuant to Education Code 81365, 81368, 81370, and 81372, the District, upon approval of the attached resolution, will post three weekly legal notices in the local newspaper and post in three public places with the District notification of this resolution and its intent to lease said land. On January 9, 2012, sealed bids will then be received, opened and publicly announced. The terms of the lease are made public to all bidders and interested parties on the District’s website. Recommendation/Requested Action Administration recommends approval of the attached resolution for the lease of the real property commonly know as the Krafft Ranch (specifically: Assessors Parcel number 066-120-060; the northeast half of section 11, township 8 south, range 14 east; north of Duck Slough. Attachments Proposed resolution.

Page 49

RESOLUTION NO. 12-48

BOARD OF TRUSTEES OF THE MERCED COMMUNITY COLLEGE DISTRICT

(EDUCATION CODE SECTION 81365) RESOLUTION DECLARING INTENTION TO LEASE PROPERTY

WHEREAS the District has land that is legally described as Assessor parcel #066-120-060 the N.E. one-half of section 11, township 8, south range 14 east, north of Duck Slough, the property known as the Krafft Ranch property; WHEREAS the Krafft Ranch property is not currently being used for instructional purposes and will not be needed for such purposes in the foreseeable future; WHEREAS the Krafft Ranch property consists of 106 acres of instructional farmland that has, on a rotational basis, been leased in the past for the benefit of the District; WHEREAS leasing the Krafft Ranch property will enable concentration of cultivation and harvest classes on the campus farm site and the income generated for this lease will greatly assist instructional farm needs. BE IT RESOLVED that the District intends to lease the Krafft Ranch property for a period not to exceed five years at a minimum price of $250.00 per acre per year to be paid semi-annually. The terms of which shall be specified in the lease agreement located at: http://www.mccd.edu/about_us/merced_college/operations/purchasing/Krafft_Ranch.html The District will act as it’s own agent/broker in this regard and therefore, the District will not pay any real estate broker commissions for the rental. BE IT FURTHER RESOLVED that pursuant to Education Code §81372, in lieu of a public bid opening held by the Governing Board (as specified in Education Code §81365) the Board of Trustees hereby delegates to the Vice President of District Administrative Services the authority to perform the duties required by Education Code §81370, including, but not limited to, opening and examining bid proposals and issuing a notice of intent to be subsequently reviewed and approved or rejected by the Board of Trustees. The Vice President of District Administrative Services shall follow all other provision required by law, including the recommendation of award which shall be determined by the Board of Trustees at their next regularly scheduled meeting.

BE IT FURTHER RESOLVED that the District’s Director of Purchasing, Brian Slaughter will entertain all bids submitted in accordance with the Education Code and a “Request for Bids” packet which will be distributed by the Director of Purchasing or his authorized designee. All bids for the lease of the Krafft Ranch property must be submitted on or before 2:00 p.m. on January 9, 2012, to the Director of Purchasing office, 3600 M. Street, Merced, California 95348. Sealed bids will be opened and examined by the Purchasing Director who will

Page 50

http://www.mccd.edu/about_us/merced_college/operations/purchasing/Krafft_Ranch.html

issue a notice of intent and recommendation of award to the Governing Board at its January 17, 2012, regularly scheduled Board meeting which begins at 5:00 p.m. in the Margaret Randolph Board Room located at 3600 M. Street, Merced, California 95438. The Board reserves the right to determine if it needs additional time to make its final acceptance of a bid or to reject any and all bids and withdraw the Krafft Ranch property from lease consideration.

PASSED AND ADOPTED by the Governing Board of the Merced Community College District, County of Merced, this 6th day of December, 2011, by the following vote:

YES:

NOES:

ABSENT:

By: President of the Governing Board

I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced, passed and adopted by the Governing Board of the Merced Community College District at a regular meeting of said Board held on December 6, 2011.

Secretary of the Governing Board

Page 51


BOARD AGENDA BACKUP


AT THE DECEMBER 6, 2011, MEETING OF THE BOARD

Item: Banking Services Agreement______________ Presented By: Mazie L. Brewington For: Information _ Action __X Background Information In an effort to maintain high quality banking services at a competitive price, District staff conducted a request for proposals for its commercial banking services. The District solicited ten financial institutions, with eight submitting formal proposals. Based on the proposals and the resulting interviews, staff has determined Farmers & Merchant Bank to be the most qualified as well as the lowest cost proposer. The criteria used to evaluate each proposal included a review of products and services, pricing, community commitment, industry rating, and the level of staff commitment to the District. Farmers & Merchant Bank is a highly rated, full service, regional bank that is community oriented and price competitive. They demonstrated both the willingness and ability to serve the District’s needs today with services that the District can leverage to provide efficiencies in operations, as well as the ability to expand with the District’s future needs. Recommendation/Requested Action It is recommended that the Board of Trustees authorize Administration to enter into an agreement with Farmers & Merchant Bank to provide banking services for the Merced Community College District. Attachments None

Page 52


BOARD AGENDA BACKUP



Item: 2012-2013 MERCED COLLEGE ACADEMIC CALENDAR Presented by: MAZIE L. BREWINGTON For: Information Action X Background Information After conferring with the Merced College Faculty Association, the District submits a proposed 2012-2013 Merced College Calendar. It includes the 175 days required for the school, with the beginning date on August 13, 2012, and the ending date on May 24, 2013, graduation day. The listed holidays meet local contractual requirements as well as state requirements for community colleges as enumerated in Education Code Sections 79020 and 84370. Recommendation/Requested Action It is recommended that the Board of Trustees approve the 2012-2013 Merced College Academic Calendar. Attachments Proposed 2012-2013 Merced College Academic Calendar/

Page 53

JUNE 2012 wk AUGUST 2012 wk JANUARY 2013 wk JUNE 2013 wkS M T W Th F S S M T W Th F S S M T W Th F S S M T W Th F S

1 2 1 2 3 4 8 1 2 3 4 5 13 4 5 6 7 8 9 5 6 7 8 9 10 11 6 7 8 9 10 11 12 2 3 4 5 6 7 810 11 12 13 14 15 16 1 12 13 14 15 16 17 18 1 13 14 15 16 17 18 19 1 9 10 11 12 13 14 15 117 18 19 20 21 22 23 2 19 20 21 22 23 24 25 2 20 21 22 23 24 25 26 2 16 17 18 19 20 21 22 224 25 26 27 28 29 30 3 26 27 28 29 30 31 3 27 28 29 30 31 3 23 24 25 26 27 28 29 3

3 3 3 3 0 0 3 3 3 3 3 2 3 3 3 2 0 309-10 FLEX 1 Holiday, New Year's Day 3 3 3 3 0

11 Start 6 & 8 week Summer Sessions 13 Start of 18 & first 9 week sessions 10 & 11 FLEX 10 Summer Session Begins14 Start of 18 & first 9 week sessions

JULY 2012 wk SEPTEMBER 2012 wk 21 Holiday, MLK Jr. JULY 2013 wkS M T W Th F S S M T W Th F S S M T W Th F S1 2 3 4 5 6 7 4 1 3 FEBRUARY 2013 wk 1 2 3 4 5 6 48 9 10 11 12 13 14 5 2 3 4 5 6 7 8 4 S M T W Th F S 7 8 9 10 11 12 13 515 16 17 18 19 20 21 6 9 10 11 12 13 14 15 5 1 2 3 14 15 16 17 18 19 20 622 23 24 25 26 27 28 7 16 17 18 19 20 21 22 6 3 4 5 6 7 8 9 4 21 22 23 24 25 26 27 729 30 31 8 23 24 25 26 27 28 29 7 10 11 12 13 14 15 16 5 28 29 30 31 8

5 5 3 4 0 0 30 17 18 19 20 21 22 23 6 5 5 5 3 4 Holiday, Independence Day 3 4 4 4 4 24 25 26 27 28 719 End of 6 week Summer Session 3 Holiday, Labor Day 3 4 4 4 3 0 4 Independence Day Holiday

4 Census, 18 wk session 4 Census, 18 wk session15 Holiday, Lincoln

AUGUST 2012 wk OCTOBER 2012 wk 16 No Saturday Classes - College ClosedS M T W Th F S S M T W Th F S 18 College Closed, President's Day

1 2 3 4 8 1 2 3 4 5 6 8 AUGUST 2013 wk5 6 7 8 9 10 11 7 8 9 10 11 12 13 9 MARCH 2013 wk S M T W Th F S12 13 14 15 16 17 18 1 14 15 16 17 18 19 20 10 S M T W Th F S 1 2 3 819 20 21 22 23 24 25 2 21 22 23 24 25 26 27 11 1 2 7 4 5 6 7 8 9 1026 27 28 29 30 31 3 28 29 30 31 12 3 4 5 6 7 8 9 8 11 12 13 14 15 16 17

0 0 1 1 0 5 5 5 4 4 10 11 12 13 14 15 16 9 18 19 20 21 22 23 2412 End First 9 week session 17 18 19 20 21 22 23 10 25 26 27 28 29 30 31

2 End of 8 week Summer Session 15 Start Second 9 week session 24 25 26 27 28 29 30 11 0 0 0 1 09-10 FLEX 3113 Start of 18 & first 9 week sessions NOVEMBER 2012 wk 4 4 4 4 4 0

S M T W Th F S1 2 3 12 22 End First 9 week session

4 5 6 7 8 9 10 13 25 Start Second 9 week session11 12 13 14 15 16 17 14 29 Spring Break Day (Good Friday College Closed)18 19 20 21 22 23 24 15 30 No Saturday Classes - College Closed25 26 27 28 29 30 16

3 4 4 4 4 APRIL 2013 wk12 Holiday, Veteran's Day S M T W Th F S22-23 Holiday, Thanksgiving Break 1 2 3 4 5 624 No Saturday Classes - College Closed 7 8 9 10 11 12 13 12

14 15 16 17 18 19 20 13DECEMBER 2012 wk 21 22 23 24 25 26 27 14

S M T W Th F S 28 29 30 151 16 4 4 3 3 3 0

2 3 4 5 6 7 8 17 Date Day9 10 11 12 13 14 15 18 1-5 Spring Break week -No Classes College 8/9 Th16 17 18 19 20 21 22 opened, limited services 8/10 F23 24 25 26 27 28 29 1/10 Th30 31 MAY 2013 wk 1/11 F

2 2 2 2 1 S M T W Th F S6 End Instructional 18 wk classes 1 2 3 4 1510-14 Final exams 18 wk session 5 6 7 8 9 10 11 16 Day14 End Second 9 wk session 12 13 14 15 16 17 18 17 M 8 16 16 815 No Saturday Classes - College Closed 19 20 21 22 23 24 25 18 T 8 18 18 817-21 College opened-no classes limited services 26 27 28 29 30 31 W 7 18 18 824-31 College closed, Christmas, winter break 3 3 4 4 4 0 TH 8 17 18 7

F 0 16 16 017 End Instructional 18 wk classes S 0 0 0 020-24 Final exams 18 wk session FLEX 0 2 2 0

First/last Day of Classes for Semester Legal or local HOLIDAY College Closed24 End Second 9 week session Total 31 87 88 3124 Commencement

Commencement and end of instruction College Closed - No Classes 27 Holiday, Memorial Day

First/Last Day of Short term session College Open, limited service-No Classes

FLEX Winter or Summer Session

Final exam week End of final exams and second 9 wks

Census College Services closed, Limited class schedule

BOARD APPROVED ON

Fall 12Final Exam week

SP 1312/10 (Mon)-12/14 (Fri)

5/20 (Mon)-5/24 (Fri)

SPRING 2013 SEMESTER SUMMER 2013 SESSION

SP 13 U 13

175

LEGEND

SUMMER 2012 SESSION

FLEX

FALL 2012 SEMESTER

Fall

Spring

SU 12

Fall 12

Instructional days6/11 (Mon)-8/2 (TH)8/13 (Mon)-12/14 (Fri)1/14(Mon)-5/24 (Fri)6/10 (Mon)-8/1 (TH)

Fall 12SP 13Sum 13

Sum 12

Page 54

MERCED COLLEGE


BOARD AGENDA BACKUP


AT THE DECEMBER 6, 2011 MEETING OF THE BOARD Item: Sabbatical Leave Approval Presented by: Marianne Tortorici For Information X For Action Background Information The Sabbatical Leave Committee met on November 7, 2011 to review applications for sabbatical leave. Upon review of applications received the Sabbatical Leave Committee recommends approval of the following application for: Semesters Applicant Type of Sabbatical Leave Fall 2012 – Spring 2013 Jonae Pistoresi Academic Improvement/Retraining Travel Study/Research Recommended Action Approval of sabbatical leave listed above Attachment Sabbatical Leave Application

Page 55

~rcreWt¥rP MERCED COLLEGE APPLICATION FORM FOR SABBATICAL LEAVE

1. Jonae Pistoresi

O<c, i ) lJ ,, i

2011 ;·I

Name of applicant: office of the

2. Date of first contract employment in district? Fall1989 VICE PR!lfilleEbllllul INSTRUCTION

VICE PRESIDENT of INSTRUCTION

3. Has service been continuous for the last 6 semesters? '" YES r NO {If answer is "na, "please explain)

4. Do you plan to withdraw units you have banked during the semester(s) you will be on your

sabbatical leave? ,~ YES '" NO If so, you must complete and submit the LOAD BANKING WITHDRAWAL REQUEST FORM located on https://mc4me.mccd.edu/instruction/information/Faculty%20Forms%20and% 201nformation/Forms/AIIItems.aspx and note the following information taken from that form:

"Per agreement with MCFA, notification of intent to withdraw must be given to the Office of Instruction by the end of the Fall semester if the withdrawal is to occur the subsequent Fall semester; notification to withdraw during a Spring semester must be given to the Office of Instruction by the end of the preceding Spring semester. Maximum allowed to withdraw: ane (1) semester's load. To withdraw one (1} complete semester requires 18 bonked units. To withdraw one (1} unit of leave requires 1.2 banked units."

5. Has service been on a full-time contract? '" YES (" NO

If "no", list year(s) on port-time contract and percentage: Full Time service began Fa/11997

6. Effective dates of proposed sabbatical leave:

From: August 17, 2012 To: May 31, 2013

7. Dates of any prior sabbaticalleave(s) taken:

none

8. Type of sabbatical leave requested (check one or, if combination applies, two or more):

Iii Academic Improvement/Retraining

I" Travel

i-;.;· Study I Research

Work Experience

COMPLETE THE FOLLOWING IF YOU ARE REQUESTING ACADEMIC IMPROVEMENT/RETRAINING

NOTE: It you need to travel to fulfill your obligation of this proposal, also complete the travel section below. Do not complete the travel section If travel is to commute to a location within the district's service area.

1. Describe the type of training and institution you will be receiving the training. Attach documentation of the program.

2. Outline the proposed course work in some detail. 3. List the agencies approving or accrediting the institution. Attach documentation of the accreditation

or approval. 4. Have you been accepted to the program ,- YES ro NO Applied (submit documentation of your

acceptance) 5. Explain how the district, area, discipline, students, or you benefit from your training. 6. Explain how the training relates to the institutional goals, educational plan, strategic plan, and

,., , .__._, __ ,, --··- 11.--1:~~.._: ........ -1= ....... ,,.,.,..,.,..,. Di~f-nr-cc:i P:::.nP t; nf R

Page 56

program goals.

COMPLETE THE FOLLOWING IF YOU ARE REQUESTING STUDY/RESEARCH

NOTE: It you need to travel to fulfill your obligation of this proposal, also complete the trove/section below. Do not complete the trove/section if travel is to commute to a location within the district's service a reo.

1. State the purpose and objectives of the research/project. 2. If subjects are a part of your research, submit documentation that you have received permission to

pursue research on subjects, e.g., a statement from college if using students as subjects. 3. Explain the methods used to complete the research/project. Attach a statement from the Office of

Grants & Institutional Research regarding their recommendations of your proposed project. 4. Explain how the district, area, discipline, students, or you benefit from the research/project. 5. Explain how the training relates to the institutional goals, educational plan, strategic plan, and

program goals.

COMPLETE THE FOLLOWING IF YOU ARE REQUESTING WORK EXPERIENCE

NOTE: It you need to travel to fulfill your obligation of this proposal, also complete the travel section below. Do not complete the travel section If trove/ is to commute to a location within the district's service area.

1. State the goals and outcomes expected from the work experience. 2. list the institutions you plan to visit and explain the expected outcomes of the visit. Attach

documentation that the institution has agreed to allow you to visit them to conduct your project. 3. Describe the duties to be performed and how these duties benefit students, applicant, faculty,

program, etc. 4. Explain how the training relates to the institutional goals, educational plan, strategic plan, and

program goals.

COMPLETE THE FOLLOWING IF YOU ARE REQUESTING TRAVEL

NOTE: Complete this section only if the travel is outside the district's service area. If travel relates to Academic Improvement/Retraining or Study/Research, or Work Experience, also complete the appropriate section above.

1. State the goals and outcomes of the travel. 2. Provide an itinerary outlining places to be visited and the relationship of those visits to goals and

outcomes. Submit documentation that the institutions you will be visiting have agreed you can visit their institution to conduct the activities listed in your proposal.

3. list the institutions you plan to visit and explain the expected outcomes of the visit. Attach documentation that the institution has agreed to allow you to visit them to conduct your project.

NOTE: Complete the following only If the travel does not relate to Academic Improvement/Retraining or Study/Research, or Work Experience

1. State the reason for the travel and the anticipated outcomes. 2. Outline the proposed activities to achieve the anticipated outcomes in some detail. 3. List the institutions you plan to visit and explain the expected outcomes of the visit. Attach

documentation that the institution has agreed to allow you to visit them to conduct your project 4. Explain how the district, area, discipline, students, or you benefit from the research/project. 5. Explain how the training relates to the institutional goals, educational plan, strategic plan, and

program goals.

/ \~ . · nt 1 I Signature of A(j~ tt\'• - ~0---/ Date

ID-3o~\\ ~ ··-v

, ____ "''"-L----1 n ___ ~ -~ o

Page 57

I Jonae Pistoresi I /11

Signature of Dean J2ilz7\\G11--- p~t.e_ J I liP Recommend fO( '3fL!_/ r- Don't Recommend

Date Sign,r"J'f~ic~ij~ /I /ftP6/;;: /l tJv'- If-') -~d IJ

)(Recommend r- Don't Recommend

/" v~ Recommendation of Sabbatical Leave Committee

,- Return for more information (explain information needed and deadlines)

4f Recommend r- Don't Recommend

Signature of Sabbatic~! Leave1Mel!:lber Date Print Name

_._$k~~ /(- 7 -ifO!t f?114 f"2 ~,4- tJII b- {o /2 11112 LC ::T

I~h~~\\ 1\ h 1\\ ~~ ~- ~ t\--1 \-~\ON I

1/ ;-://11 1Srct 11 "(u., --' /-fi/JV'

/'-;rL "-._/ /.···~~ -/.···~ ~

.:-··

l\v-i~~ ""=r-- IS Nov a vii I Josh_ l~cAw.,hJ r It/ U" u

Board of Trustees Action: Date: _____ _ r- Recommend - Don't Recommend

Board of Trustees Secretary Signature:---------------- Date: _____ _

,-._L.L.- .... :--1 1 --··- 11..-. .... li ..... -.-1-;...,..., ~ ...... ,,........,.,,.,.. DiC"t-n.-aei D:::.nc 7 nf A

Page 58

4. Sabbatical Travel Plans if outside district service area. The application should include the following:

a. Refer to 1, 2 and 3 above if travel relates to Academic Improvement/Retraining or Study/Research or Work Experience.

b. An itinerary outlining places to be visited and the relationship of the goals of the proposal. c. List the institutions you plan to visit and explain the expected outcomes of the visit. Attach

documentation that the institution has agreed to allow you to visit them to conduct your project.

d. A description of how the district will benefit (students, applicant, faculty, program, etc.). e. A description of how the sabbatical leave plan will be achieved during the leave. f. Explain how the training relates to the institutional goals, educational plan, strategic plan, and

program goals.

SWORN DECLARATION

I declare under penalty of perjury that I am aware of the 1 year(s) of full-time service, which must be

rendered to Merced College subsequent to my sabbatical leave ending on May 31, 2013

Executed in Merced, California

Signature of Applicant Date

10 ".30 ~ l \ Jonae Pistoresi

...... _._.__.__, __ ,, ---·- "--••--L•-- r: __ ., ____ nl-L----' n ___ ""_,en

Page 59

Because much of what I do at Merced College is under the direction of the

Director of Business, Industry & Community Services and the Dean of EWD,

Community Services, Noncredit, I have asked them to sign off on the sabbatical

proposal that I have put together.

of Business, Industry & Community Services

Ktffo~;;;wiu'-t~ I

Dean- EWD, Community Services, Noncredit

Page 60

Executive Summary

Sabbatical Request for Jonae Pistoresi Fall 2012- Spring 2013

[ - - - - - - - Faii20l2 -·· - I The goal of the first semester of my sabbatical, Fall2012, would be professional development training and job shadowing for three purposes:

1. To equip me to be a better instructor to serve our students. (Benefit to students) 2. To provide me with a certification that will allow Merced College to expand our offerings to the

business community. (Benefit to partners) 3. To equip me to implement a district wide project in the Spring 2013 semester. (Benefit to

Institution)

The theme of my sabbatical is EMPLOYEE ENGAGEMENT. Everything I would pursue would tie in with how do I teach it and how do I help to improve it at Merced College.

Professional Development Training Fall 2012

DOl Certification

DDI (Development Dimensions International) has partnered with California Community College Economic and Workforce Development (CCCEWD) to provide professional development training to businesses and organizations in California. By becoming certified, Merced College will be able to extend the products and services that we offer to our business community.

This ties in with The Merced College Strategic Plan, specifically our Core Value:

Partnering- We actively partner with the community to respond to cultural, educational, economic development, and technological needs.

Disney Institute: Disney's Approach to People Management

This training would meet several goals of my sabbatical. First, the content of this training would help me to enhance our Management classes at Merced College. Our program SLOs and several Management course SLOs talk about a manager's role in the motivation of employees. Employee Engagement is almost the next generation of this, especially during difficult times. The content of this workshop addresses key Employee Engagement issues (corresponding Program and Course SLOs are attached).

Second, this training will help me to develop a training program for Merced College employees (See Spring 2013)

Job Shadowing and Interviews

I have arranged and am in the process of arranging for Job Shadowing and Interviews of key employees at Walt Disney World in Orlando, Mercy Medical Center Merced and Quad Graphics. The purpose of these activities is to help me understand how organization wide training can lead to Employee Engagement.

Page 61

[ -Spring2013 ·-[

Research, Design and Pilot of Merced College "Traditions'' Training Opportunity

I would like to design and implement a district wide training program that ALL Merced College Employees and Board Members would participate in. The goal of the training would be for Merced College employees to learn about the "Big Picture" that they are part of and how their job ties in to that. "Big Picture" includes our traditions, our heritage ..... all the fantastic things that make Merced College great! Our past, our present, and our future. This would include not just where we have been, but where we are going: our mission and vision. The goal would be that all employees would participate together: faculty, staff, managers, administrators. No separate trainings just for classified or just for faculty. Another goal is that the training would be institutionalized. Every quarter, all new employees would participate. Any time a new Trustee was elected, they would participate. Research says that when employees understand how their specific job ties in with the "Big Picture" of the organization, that they are more engaged. That is the goal of this endeavor: Employee Engagement!!!

This ties in with the Merced College Strategic Plan, specifically our Core Value:

Supportive Atmosphere- We support an atmosphere of trust where communication and teamwork cultivate a rich environment for teaching and learning.

This project also ties in with the Merced College Strategic Plan, specifically, Goal Two: Improve

communication throughout the district. And Objective 2.2- Strengthen intergroup understanding via regular communication, professional development, dialogue, and exchange.

I truly believe if we could implement a program like what I am envisioning, that these aspects of our Strategic Plan would eventually become a reality in our district. I believe a program like this would instill pride in our employees and help them to see that they are a part of something great!!! This leads to Employee Engagement.

I would use the things !learned in Fall2012 from The Disney Institute- Disney's Approach to People Management and the Job Shadowing and Interviews to help me understand how to put it together. I would use the Spring 2013 Semester to research the content and the implementation. My goal would be to do two pilot programs at the end of the Spring 2013 semester. One pilot for a group of Merced College employees and one pilot for the Board of Trustees.

Thank you for your consideration!

Page 62

August 2012

September 2012

October 2012

November2012

December 2012

January 2013

February 2013

March 2013

April2013

May 2012

August 2013

Sample Time Line for Jonae Pistores's Sabbatical

Job Shadowing at Quad Graphics (one day) Write debrief; thank you note

DDI Certification Training (three days) Discussions with WpLRC Director, Business, Industry & Community Services Director, Dean- EWD, Community Services, Noncredit on DDI implementation (all month)

Disney's Approach to People Management (four days) Job Shadowing and interviews at Disney World Orlando (two weeks) Write debrief; thank you notes

Job Shadowing at Mercy Medical Center Merced (two/three days) Write Debrief; thank you notes

Follow up conversations with WpLRC Director on DDI implementation (all month)

Follow up on any needed items

Begin research on Merced College Traditions Training Program

Talk to key people at Merced College on how we might implement program

Design training program

Design training program Develop marketing plan for implementation

Pilot program with group of Merced College Employees Pilot program with Board of Trustees Make necessary modifications to training program

Sneak Peak at Convocation

*Dates will be firmed up after approval of sabbatical.

Page 63


BOARD AGENDA BACKUP



Item: Approval of Resolution Authoring the Issuance of MCCD

2011 General Obligation Refunding Bonds Presented By: Mazie L. Brewington For: Information Action X

Background Information

On November 5, 2002, the voters of Merced Community College District School Facilities Improvement District No. 1 (the “District”) approved Measure H, the issuance and sale of General Obligation Bonds of the District, in the maximum amount of $53,500,000 (the “Measure H Bonds”). On June 19, 2003, the District issued its first series of Measure H Bonds in the aggregate principal amount of $20,000,000 (the “Series 2003 Bonds”). The District is proposing to sell the 2011 General Obligation Refunding Bonds (the “Refunding Bonds”). The purpose of the Refunding Bonds is to refinance the District’s outstanding series 2003 General Obligation Bonds. The Refunding Bonds will provide taxpayer relief to District residents. The Refunding Bonds will not result in any costs to the District or the District’s taxpayers. The District will only proceed with selling the Refunding Bonds if taxpayer savings can be achieved.

By taking advantage of current market conditions, it is estimated that the District can achieve total taxpayer savings in the range of $860,000-$1,100,000, net of transaction costs. There is no fiscal impact to the General Fund resulting from the issuance of the Refunding Bonds.

The Proposition 39, Citizens’ Bond Oversight Committee Meeting met on Thursday, November 17, 2011 and reviewed two underwriter proposals to determine which option would be most beneficial for the taxpayers of Merced County.

The two proposals were from PiperJaffray and De La Rosa and Co. The committee voted unanimously to select PiperJaffray as the underwriter. A PiperJaffray representative will present the refinancing process to the board at tonight’s meeting. Recommendation/Requested Action Administration recommends approval of the attached resolution Authorizing the Issuance of Merced Community College District 2011 General Obligation Refunding Bonds. Attachment Resolution authorizing the issuance of the Merced Community College District (Merced County, CA) School Facilities Improvement District NO. 1 (Merced Campus Area) General Obligation Refunding Bonds

Page 64

MERCED COMMUNITY COLLEGE DISTRICT

RESOLUTION NO. 12-49

RESOLUTION AUTHORIZING THE ISSUANCE OF THE MERCED COMMUNITY COLLEGE DISTRICT (MERCED COUNTY, CALIFORNIA) SCHOOL FACILITIES IMPROVEMENT DISTRICT NO. 1 (MERCED CAMPUS AREA) GENERAL OBLIGATION REFUNDING BONDS

WHEREAS, a duly called election was held in the Merced Community College District (the “District”), School Facilities Improvement District No. 1 (Merced Campus Area) (the “Improvement District”) on March 5, 2002 (the “Authorization”) and thereafter canvassed pursuant to law;

WHEREAS, at such election there was submitted to and approved by a vote of more than fifty-five percent of the qualified electors of the District a question as to the issuance and sale of general obligation bonds of the Improvement District for various purposes set forth in the ballot submitted to the voters, in the maximum amount of $53,500,000, payable from the levy of an ad valorem tax against the taxable property in the Improvement District;

WHEREAS, pursuant to the Authorization, on the Board of Supervisors of Merced County, on June 19, 2003, issued on behalf of the Improvement District $20,000,000 of Merced Community College District (Merced County, California) School Facilities Improvement District No. 1 (Merced Campus Area) General Obligation Bonds, Election of 2002, Series 2003 (the “Prior Bonds”) ;

WHEREAS, pursuant to Section 53550 et seq. of the California Government Code, the District is authorized to issue general obligation refunding bonds (the “Refunding Bonds”) to refund all or a portion of the outstanding Prior Bonds (so refunded, the “Refunded Bonds”);

WHEREAS, all acts, conditions and things required by law to be done or performed have been done and performed in strict conformity with the laws authorizing the issuance of general obligation bonds of the District, and whereas the indebtedness of the District, including this proposed issue of Refunding Bonds, is within all limits prescribed by law; and

WHEREAS, this Board desires to appoint professionals related to the issuance of the Refunding Bonds.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE MERCED COMMUNITY COLLEGE DISTRICT, ACTING AS THE GOVERNING BOARD OF THE IMPROVEMENT DISTRICT, AS FOLLOWS:

SECTION 1. Purpose. To refund all or a portion of the outstanding principal amount of the Prior Bonds and to pay all necessary legal, financial, and contingent costs in connection therewith, the District hereby authorizes the issuance of the Refunding Bonds in one or more series, to be styled as the “Merced Community College District (Merced County, California) School Facilities Improvement District No. 1, General Obligation Refunding Bonds,” in an aggregate principal amount not-to-exceed $15,000,000. Additional costs authorized to be paid from the proceeds of the Refunding Bonds are all of the authorized costs of issuance set forth in Section 53550(e) and (f) and Section 53587 of the Government Code.

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SECTION 2. Paying Agent. The Board does hereby authorize the appointment The Bank of New York Mellon Trust Company as Paying Agent (defined herein) for the Refunding Bonds on behalf of the District.

SECTION 3. Terms and Conditions of Sale. The Refunding Bonds are hereby authorized to be sold at a negotiated sale upon the direction of the Superintendent/President of the District (the “President”) or the Vice President, Administrative Services of the District (the “Vice President”). The Refunding Bonds shall be sold pursuant to the terms and conditions set forth in the Purchase Contract, as described below.

SECTION 4. Approval of Purchase Contract. The form of Purchase Contract (the “Purchase Contract”) by and between the District and Piper Jaffray & Co. (the “Underwriter”), for the purchase and sale of the Refunding Bonds, substantially in the form on file with the Secretary or Clerk of the Board, is hereby approved and the President, the Vice President, and such other officer or employee of the District as the President may designate (collectively, the “Authorized Officers”), each alone, are hereby authorized to execute and deliver the Purchase Contract, with such changes therein, deletions therefrom and modifications thereto as the Authorized Officer executing the same may approve, such approval to be conclusively evidenced by his or her execution and delivery thereof; provided, however, that the maximum interest rates of the Refunding Bonds shall not exceed the maximum rate permitted by law, and the Underwriter’s discount, shall not exceed 0.5% of the aggregate principal amount of the Refunding Bonds issued, excluding therefrom original issue discount thereon and reasonable expenses of the Underwriter. The Authorized Officers, each alone, are further authorized to determine the principal amount of the Refunding Bonds to be specified in the Purchase Contract for sale by the District up to $15,000,000 and to enter into and execute the Purchase Contract with the Underwriter, if the conditions set forth in this Resolution are satisfied.

SECTION 5. Certain Definitions. As used in this Resolution, the terms set forth below shall have the meanings ascribed to them (unless otherwise set forth in the Purchase Contract):

(a) “Authorization” means the authorization received by the District to issue the Prior Bonds at an election held on March 5, 2002.

(b) “Act” means Sections 53550 et seq. of the California Government Code.

(c) “Bond Insurer” means any insurance company which issues a municipal bond insurance policy insuring the payment of principal of and interest on the Refunding Bonds.

(d) “Bond Payment Date” means, unless otherwise provided by the Purchase Contract, February 1 and August 1 of each year commencing February 1, 2012 with respect to the interest on the Refunding Bonds, and August 1 of each year commencing August 1, 2012 with respect to the principal payments on the Refunding Bonds.

(e) “Code” means the Internal Revenue Code of 1986, as the same may be amended from time to time. Reference to a particular section of the Code shall be deemed to be a reference to any successor to any such section.

(f) “County” means Merced County.

(g) “Depository” means, initially, DTC, and thereafter the securities depository acting as Depository pursuant to Section 6(c) hereof.

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(h) “DTC” means The Depository Trust Company, New York, New York, 55 Water Street, New York, New York 10041,Tel: (212) 855-1000 or Fax: (212) 855-7320, a limited purpose trust company organized under the laws of the State of New York, in its capacity as Depository for the Refunding Bonds.

(i) “Escrow Agent” means The Bank of New York Mellon Trust Company, or any other successor thereto, in its capacity as escrow agent for the Refunded Bonds.

(j) “Escrow Agreement” means the Escrow Agreement relating to the Refunded Bonds, by and between the District and the Escrow Agent.

(k) “Federal Securities” means securities as permitted, in accordance with the authorizing resolution of the County pursuant to which the Prior Bonds were issued, to be deposited with the Escrow Agent for the purpose of defeasing the Prior Bonds.

(l) “Information Services” means Financial Information, Inc.’s “Financial Daily Called Bond Service; Standard & Poor’s J.J. Kenny Information Services’ Called Bond Service; or Mergent Inc.’s Called Bond Department.

(m) “Nominee” means the nominee of the Depository, which may be the Depository, as determined from time to time pursuant to Section 6(c) hereof.

(n) “Outstanding” means, when used with reference to the Refunding Bonds, as of any date, Bonds theretofore issued or thereupon being issued under this resolution except:

(i) Refunding Bonds canceled at or prior to such date;

(ii) Refunding Bonds in lieu of or in substitution for which other Refunding Bonds shall have been delivered pursuant to Section 8 hereof; or

(iii) Refunding Bonds for the payment or redemption of which funds or Government Obligations in the necessary amount shall have been set aside (whether on or prior to the maturity or redemption date of such Refunding Bonds), in accordance with Section 19 of this Resolution

(o) “Owners” or “Registered Owner” means the registered owner of a Bond as set forth on the registration books maintained by the Paying Agent pursuant to Section 6 hereof.

(p) “Participants” means those broker-dealers, banks and other financial institutions from time to time for which the Depository holds book-entry certificates as securities depository.

(q) “Paying Agent” means The Bank of New York Mellon Trust Company, or any successor financial institution, acting as paying agent, verification agent, transfer agent, bond registrar for the Refunding Bonds.

(r) “Record Date” means the close of business on the fifteenth day of the month preceding each Bond Payment Date.

(s) “Securities Depository” means The Depository Trust Company, 55 Water Street, New York, New York 10041,Tel: (212) 855-1000 or Fax: (212) 855-7320 with Cede & Co. as its nominee.

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(t) “Term Bonds” means those Refunding Bonds for which mandatory sinking fund redemption dates have been established in the Purchase Contract.

SECTION 6. Terms of the Refunding Bonds.

(a) Denomination, Interest, Dated Dates. The Refunding Bonds shall be issued as bonds registered as to both principal and interest, in the denominations of $5,000 or any integral multiple thereof. The Refunding Bonds will be initially registered to “Cede & Co.,” the nominee of DTC.

Each Refunding Bond shall be dated the date of delivery of the Refunding Bonds or such other date as shall appear in the Purchase Contract (the “Date of Delivery”), and shall bear interest at the rates set forth in the Purchase Contract from the Bond Payment Date next preceding the date of authentication thereof unless it is authenticated as of a day during the period from the 16th day of the month next preceding any Bond Payment Date to that Bond Payment Date, inclusive, in which event it shall bear interest from such Bond Payment Date, or unless it is authenticated on or before the first Record Date, in which event it shall bear interest from the Date of Delivery. Interest on the Refunding Bonds shall be payable on the respective Bond Payment Dates and shall be computed on the basis of a 360-day year of twelve 30-day months.

No Refunding Bond shall mature later than the final maturity date of the Refunded Bonds to be refunded from proceeds of such Refunding Bond.

(b) Redemption.

(i) Optional Redemption. The Refunding Bonds shall be subject to optional redemption prior to maturity as provided in the Purchase Contract.

(ii) Mandatory Redemption. Any Refunding Bonds issued as Term Bonds shall be subject to mandatory sinking fund redemption as provided in the Purchase Contract.

In the event that a portion of any Term Bond is optionally redeemed pursuant to Section 6(b)(i) hereof, the remaining sinking fund payments shall be reduced proportionately or as otherwise directed by the District, in integral multiples of $5,000, in respect to the portion of such Term Bond optionally redeemed.

(iii) Selection of Refunding Bonds for Redemption. Whenever provision is made in this Resolution for the redemption of Refunding Bonds and less than all outstanding Refunding Bonds are to be redeemed, the Paying Agent, upon written instruction from the District, shall select Refunding Bonds for redemption as so directed and if not directed, in inverse order of maturity. Within a maturity, the Paying Agent shall select Refunding Bonds for redemption by lot. Redemption by lot shall be in such manner as the Paying Agent shall determine; provided, however, the Purchase Contract may provide that, within a maturity, Refunding Bonds shall be selected for redemption on a “Pro Rata Pass-Through Distribution of Principal” basis in accordance with DTC procedures, provided further that, such pro-rata redemption is made in accordance with the operational arrangements of DTC then in effect.

With respect to redemption by lot, the portion of any Refunding Bond to be redeemed in part shall be in the principal amount of $5,000 or any integral multiple thereof.

(iv) Notice of Redemption. When redemption is authorized or required pursuant to Section 6(b)(i) hereof, the Paying Agent, upon written instruction from the District, shall give

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notice (a “Redemption Notice”) of the redemption of the Refunding Bonds. Such Redemption Notice shall specify: the Refunding Bonds or designated portions thereof (in the case of redemption of the Refunding Bonds in part but not in whole) which are to be redeemed; the date of redemption; the place or places where the redemption will be made, including the name and address of the Paying Agent; the redemption price; the CUSIP numbers (if any) assigned to the Refunding Bonds to be redeemed, the Refunding Bond numbers of the Refunding Bonds to be redeemed in whole or in part and, in the case of any Refunding Bond to be redeemed in part only, the principal amount of such Refunding Bond to be redeemed; and the original issue date, interest rate and stated maturity date of each Refunding Bond to be redeemed in whole or in part. Such Redemption Notice shall further state that on the specified date there shall become due and payable upon each Refunding Bond or portion thereof being redeemed at the redemption price thereof, together with the interest accrued to the redemption date thereon, and that from and after such date, interest with respect thereto shall cease to accrue.

The Paying Agent shall take the following actions with respect to such Redemption Notice:

(A) At least 30 but not more than 60 days prior to the redemption date, such Redemption Notice shall be given to the respective Owners of Refunding Bonds designated for redemption by registered or certified mail, postage prepaid, at their addresses appearing on the Bond Register.

(B) At least 30 but not more than 60 days prior to the redemption date, such Redemption Notice shall be given by (i) registered or certified mail, postage prepaid, (ii) telephonically confirmed facsimile transmission, or (iii) overnight delivery service to each of the Securities Depository.

(C) At least 30 but not more than 60 days prior to the redemption date, such Redemption Notice shall be given by (i) registered or certified mail, postage prepaid, or (ii) overnight delivery service to one of the Information Services.

Neither failure to receive any Redemption Notice nor any defect in any such Redemption Notice so given shall affect the sufficiency of the proceedings for the redemption of the affected Refunding Bonds. Each check issued or other transfer of funds made by the Paying Agent for the purpose of redeeming Refunding Bonds shall bear or include the CUSIP number identifying, by issue and maturity, the Refunding Bonds being redeemed with the proceeds of such check or other transfer. Such redemption notices may state that no representation is made as to the accuracy or correctness of the CUSIP numbers printed therein or on the Bonds.

(v) Partial Redemption of Refunding Bonds. Upon the surrender of any Refunding Bond redeemed in part only, the Paying Agent shall execute and deliver to the Owner thereof a new Refunding Bond or Refunding Bonds of like tenor and maturity and of authorized denominations equal in transfer amounts to the unredeemed portion of the Refunding Bond surrendered. Such partial redemption shall be valid upon payment of the amount required to be paid to such Owner, and the District shall be released and discharged thereupon from all liability to the extent of such payment.

(vi) Effect of Notice of Redemption. Notice having been given as aforesaid, and the moneys for the redemption (including the interest accrued to the applicable date of redemption) having been set aside in the District’s Debt Service Fund, the Refunding Bonds to be redeemed shall become due and payable on such date of redemption.

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If on such redemption date, money for the redemption of all the Refunding Bonds to be redeemed as provided in Section 6(b)(i) hereof, together with interest accrued to such redemption date, shall be held by the Paying Agent so as to be available therefor on such redemption date, and if notice of redemption thereof shall have been given as aforesaid, then from and after such redemption date, interest with respect to the Refunding Bonds to be redeemed shall cease to accrue and become payable. All money held by or on behalf of the Paying Agent for the redemption of Refunding Bonds shall be held in trust for the account of the Owners of the Refunding Bonds so to be redeemed.

All Refunding Bonds paid at maturity or redeemed prior to maturity pursuant to the provisions of this Section 6 shall be cancelled upon surrender thereof and be delivered to or upon the order of the District. All or any portion of a Refunding Bond purchased by the District shall be cancelled by the Paying Agent.

(vii) Refunding Bonds No Longer Outstanding. When any Refunding Bonds (or portions thereof), which have been duly called for redemption prior to maturity under the provisions of this Resolution, or with respect to which irrevocable instructions to call for redemption prior to maturity at the earliest redemption date have been given to the Paying Agent, in form satisfactory to it, and sufficient moneys shall be held by the Paying Agent irrevocably in trust for the payment of the redemption price of such Refunding Bonds or portions thereof, and, accrued interest thereon to the date fixed for redemption, all as provided in this Resolution, then such Refunding Bonds shall no longer be deemed Outstanding and shall be surrendered to the Paying Agent for cancellation.

(c) Book-Entry System.

(i) Election of Book-Entry System. The Refunding Bonds shall initially be delivered in the form of a separate single fully-registered bond (which may be typewritten) for each maturity date of such Refunding Bonds in an authorized denomination. The ownership of each such Refunding Bond shall be registered in the register of bonds (“Bond Register”) maintained by the Paying Agent in the name of the Nominee, as nominee of the Depository and ownership of the Refunding Bonds, or any portion thereof may not thereafter be transferred except as provided in Section 6(c)(i)(4).

The District and the Paying Agent shall have no responsibility or obligation to any Participant or to any person on behalf of which such a Participant holds an interest in such the Refunding Bonds. Without limiting the immediately preceding sentence, the District and the Paying Agent shall have no responsibility or obligation with respect to: (i) the accuracy of the records of the Depository, the Nominee, or any Participant with respect to any ownership interest in the Refunding Bonds; (ii) the delivery to any Participant or any other person, other than an Owner as shown in the Bond Register, of any notice with respect to the Refunding Bonds, including any notice of redemption; (iii) the selection by the Depository and its Participants of the beneficial interests in the Refunding Bonds to be prepaid in the event the District redeems the Refunding Bonds in part; (iv) or the payment by the Depository or any Participant or any other person, of any amount with respect to principal, premium, if any, or interest on the Refunding Bonds. The District and the Paying Agent may treat and consider the person in whose name each Refunding Bond is registered in the Bond Register as the absolute Owner of such the Refunding Bond for the purpose of payment of principal of and premium and interest on and to such Refunding Bond, for the purpose of giving notices of redemption and other matters with respect to such Refunding Bond, for the purpose of registering transfers with respect to such Refunding Bond, and for all other purposes whatsoever. The Paying Agent shall pay all principal of and

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premium, if any, and interest on the Refunding Bonds only to or upon the order of the respective Owner, as shown in the Bond Register, or his respective attorney duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the District’s obligations with respect to payment of principal of, and premium, if any, and interest on the Refunding Bonds to the extent of the sum or sums so paid. No person other than an Owner, as shown in the Bond Register, shall receive a certificate evidencing the obligation to make payments of principal of, and premium, if any, and interest on the Refunding Bonds. Upon delivery by the Depository to the Owner and the Paying Agent, of written notice to the effect that the Depository has determined to substitute a new nominee in place of the Nominee, and subject to the provisions herein with respect to the Record Date, the word “Nominee” in this Resolution shall refer to such nominee of the Depository.

(1) Delivery of Letter of Representations. In order to qualify the Refunding Bonds for the Depository’s book-entry system, the District and the Paying Agent shall execute and deliver to the Depository a Letter of Representations. The execution and delivery of a Letter of Representations shall not in any way impose upon the District or the Paying Agent any obligation whatsoever with respect to persons having interests in the Refunding Bonds other than the Owners, as shown on the Bond Register. By executing a Letter of Representations, the Paying Agent shall agree to take all action necessary at all times so that the District will be in compliance with all representations of the District in such Letter of Representations. In addition to the execution and delivery of a Letter of Representations, the District and the Paying Agent shall take such other actions, not inconsistent with this Resolution, as are reasonably necessary to qualify the Refunding Bonds for the Depository’s book-entry program.

(2) Selection of Depository. In the event (i) the Depository determines not to continue to act as securities depository for the Refunding Bonds, or (ii) the District determines that continuation of the book-entry system is not in the best interest of the beneficial owners of the Refunding Bonds or the District, then the District will discontinue the book-entry system with the Depository. If the District determines to replace the Depository with another qualified securities depository, the District shall prepare or direct the preparation of a new single, separate, fully registered bond for each maturity date of such the Refunding Bond, registered in the name of such successor or substitute qualified securities depository or its Nominee as provided in subsection (4) hereof. If the District fails to identify another qualified securities depository to replace the Depository, then the Refunding Bonds shall no longer be restricted to being registered in such Bond Register in the name of the Nominee, but shall be registered in whatever name or names the Owners transferring or exchanging such Refunding Bonds shall designate, in accordance with the provisions of this Section 6(c).

(3) Payments to Depository. Notwithstanding any other provision of this Resolution to the contrary, so long as all outstanding Refunding Bonds are held in book-entry and registered in the name of the Nominee, all payments by the District or Paying Agent with respect to principal of and premium, if any, or interest on the Refunding Bonds and all notices with respect to such Refunding Bonds shall be made and given, respectively to the Nominee, as provided in the Letter of Representations or as otherwise instructed by the Depository and agreed to by the Paying Agent notwithstanding any inconsistent provisions herein.

(4) Transfer of Refunding Bonds to Substitute Depository.

(A) The Refunding Bonds shall be initially issued as described in the Official Statement. Registered ownership of such Refunding Bonds, or any portions thereof, may not thereafter be transferred except:

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(1) to any successor of DTC or its Nominee, or of any substitute depository designated pursuant to Section 6(c)(i)(4)(A)(2) (“Substitute Depository”); provided that any successor of DTC or Substitute Depository shall be qualified under any applicable laws to provide the service proposed to be provided by it;

(2) to any Substitute Depository, upon (a) the resignation of DTC or its successor (or any Substitute Depository or its successor) from its functions as depository, or (b) a determination by the District that DTC (or its successor) is no longer able to carry out its functions as depository; provided that any such Substitute Depository shall be qualified under any applicable laws to provide the services proposed to be provided by it; or

(3) to any person as provided below, upon (a) the resignation of DTC or its successor (or any Substitute Depository or its successor) from its functions as depository, or (b) a determination by the District that DTC or its successor (or Substitute Depository or its successor) is no longer able to carry out its functions as depository.

(B) In the case of any transfer pursuant to Section 6(c)(i)(4)(A)(1) or (2), upon receipt of all outstanding Refunding Bonds by the Paying Agent, together with a written request of the District to the Paying Agent designating the Substitute Depository, a single new Refunding Bond, which the District shall prepare or cause to be prepared, shall be executed and delivered for each maturity of Refunding Bonds then outstanding, registered in the name of such successor or such Substitute Depository or their Nominees, as the case may be, all as specified in such written request of the District. In the case of any transfer pursuant to Section 6(c)(i)(4)(A)(3), upon receipt of all outstanding Refunding Bonds by the Paying Agent, together with a written request of the District to the Paying Agent, new Refunding Bonds, which the District shall prepare or cause to be prepared, shall be executed and delivered in such denominations and registered in the names of such persons as are requested in such written request of the District, provided that the Paying Agent shall not be required to deliver such new Refunding Bonds within a period of less than sixty (60) days from the date of receipt of such written request from the District.

(C) In the case of a partial redemption of any Refunding Bonds evidencing a portion of the principal maturing in a particular year, DTC or its successor (or any Substitute Depository or its successor) shall make an appropriate notation on such Refunding Bonds indicating the date and amounts of such reduction in principal, in form acceptable to the Paying Agent, all in accordance with the Letter of Representations. The Paying Agent shall not be liable for such Depository’s failure to make such notations or errors in making such notations.

(D) The District and the Paying Agent shall be entitled to treat the person in whose name any Refunding Bond is registered as the Owner thereof for all purposes of this Resolution and any applicable laws, notwithstanding any notice to the contrary received by the Paying Agent or the District; and the District and the Paying Agent shall not have responsibility for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owners of the Refunding Bonds. Neither the District nor the Paying Agent shall have any responsibility or obligation, legal or otherwise, to any such beneficial owners or to any other party, including DTC or its successor (or Substitute Depository or its successor), except to the Owner of any Refunding Bonds, and the Paying Agent may rely conclusively on its records as to the identity of the Owners of the Refunding Bonds.

SECTION 7. Execution of Refunding Bonds. The Refunding Bonds shall be signed by the President of the Board of Trustees of the District, by his or her manual or facsimile signature and countersigned by the manual or facsimile signature of the Secretary or Clerk of or to the Board, all in their

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official capacities. No Refunding Bond shall be valid or obligatory for any purpose or shall be entitled to any security or benefit under this Resolution unless and until the certificate of authentication printed on the Refunding Bond is signed by the Paying Agent as authenticating agent. Authentication by the Paying Agent shall be conclusive evidence that the Refunding Bond so authenticated has been duly issued, signed and delivered under this Resolution and is entitled to the security and benefit of this Resolution. There shall be attached to each Refunding Bond the legal opinion of Stradling Yocca Carlson & Rauth, a Professional Corporation, and, immediately preceding such legal opinion, a certificate executed with the facsimile signature of the Secretary or Clerk to the Board of Trustees, said certificate to be in substantially the following form:

The following is a true copy of the opinion rendered by Stradling Yocca Carlson & Rauth, a Professional Corporation in connection with the issuance of, and dated as of the date of the original delivery of, the bonds. A signed copy is on file in my office.

(Facsimile Signature) [Secretary/Clerk], Board of Trustees

SECTION 8. Paying Agent; Transfer and Exchange. So long as any of the Refunding Bonds remain outstanding, the District will cause the Paying Agent to maintain and keep at its designated office all books and records necessary for the registration, exchange and transfer of the Refunding Bonds as provided in this Section. Subject to the provisions of Section 9 below, the person in whose name a Refunding Bond is registered on the Bond Register shall be regarded as the absolute Owner of that Refunding Bond for all purposes of this Resolution. Payment of or on account of the principal of and premium, if any, and interest on any Refunding Bond shall be made only to or upon the order of that person; neither the District nor the Paying Agent shall be affected by any notice to the contrary, but the registration may be changed as provided in this Section. All such payments shall be valid and effectual to satisfy and discharge the District’s liability upon the Refunding Bonds, including interest, to the extent of the amount or amounts so paid.

Any Refunding Bond may be exchanged for Refunding Bonds of like tenor, maturity and transfer amount upon presentation and surrender at the designated office of the Paying Agent, together with a request for exchange signed by the Owner or by a person legally empowered to do so in a form satisfactory to the Paying Agent. A Refunding Bond may be transferred on the Bond Register only upon presentation and surrender of the Refunding Bond at the designated office of the Paying Agent together with an assignment executed by the Owner or by a person legally empowered to do so in a form satisfactory to the Paying Agent. Upon exchange or transfer, the Paying Agent shall complete, authenticate and deliver a new Refunding Bond or Refunding Bonds of like tenor and of any authorized denomination or denominations requested by the Owner equal to the transfer amount of the Refunding Bond surrendered and bearing or accruing interest at the same rate and maturing on the same date.

If manual signatures on behalf of the District are required in connection with an exchange or transfer, the Paying Agent shall undertake the exchange or transfer of Refunding Bonds only after the new Refunding Bonds are signed by the authorized officers of the District. In all cases of exchanged or transferred Refunding Bonds, the District shall sign and the Paying Agent shall authenticate and deliver Refunding Bonds in accordance with the provisions of this Resolution. All fees and costs of transfer shall be paid by the requesting party. Those charges may be required to be paid before the procedure is begun for the exchange or transfer. All Refunding Bonds issued upon any exchange or transfer shall be valid obligations of the District, evidencing the same debt, and entitled to the same security and benefit under this Resolution as the Refunding Bonds surrendered upon that exchange or transfer.

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Any Refunding Bond surrendered to the Paying Agent for payment, retirement, exchange, replacement or transfer shall be cancelled by the Paying Agent. The District may at any time deliver to the Paying Agent for cancellation any previously authenticated and delivered Refunding Bonds that the District may have acquired in any manner whatsoever, and those Refunding Bonds shall be promptly cancelled by the Paying Agent. Written reports of the surrender and cancellation of Refunding Bonds shall be made to the District by the Paying Agent as requested by the District. The cancelled Refunding Bonds shall be retained for three years, then returned to the District or destroyed by the Paying Agent as directed by the District.

Neither the District nor the Paying Agent will be required (a) to issue or transfer any Refunding Bonds during a period beginning with the opening of business on the 15th business day next preceding either any Bond Payment Date or any date of selection of Refunding Bonds to be redeemed and ending with the close of business on the Bond Payment Date or any day on which the applicable notice of redemption is given or (b) to transfer any Refunding Bonds which have been selected or called for redemption in whole or in part.

SECTION 9. Payment. Payment of interest on any Refunding Bond on any Bond Payment Date shall be made to the person appearing on the registration books of the Paying Agent as the Owner thereof as of the Record Date immediately preceding such Bond Payment Date, such interest to be paid by check mailed to such Owner on the Bond Payment Date at his address as it appears on such registration books or at such other address as he may have filed with the Paying Agent for that purpose on or before the Record Date. The Owner in an aggregate principal amount of $1,000,000 or more may request in writing to the Paying Agent that such Owner be paid interest by wire transfer to the bank and account number on file with the Paying Agent as of the Record Date. The principal, and redemption price, if any, payable on the Refunding Bonds shall be payable upon maturity or redemption upon surrender at the designated office of the Paying Agent. The interest, principal and premiums, if any, on the Refunding Bonds shall be payable in lawful money of the United States of America. The Paying Agent is hereby authorized to pay the Refunding Bonds when duly presented for payment at maturity, and to cancel all Refunding Bonds upon payment thereof. The Refunding Bonds are general obligations of the District, payable without limit as to rate or amount solely from the levy of ad valorem property taxes upon all property subject to taxation within the District.

SECTION 10. Form of Refunding Bonds. The Refunding Bonds shall be in substantially the following form, allowing those officials executing the Refunding Bonds to make the insertions and deletions necessary to conform the Refunding Bonds to this Resolution, the Purchase Contract and the Official Statement:

[REMAINDER OF PAGE LEFT BLANK]

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(Form of Refunding Bond)

REGISTERED REGISTERED NO. $

MERCED COMMUNITY COLLEGE DISTRICT (MERCED COUNTY, CALIFORNIA)

SCHOOL FACILITIES IMPROVEMENT DISTRICT NO. 1 (MERCED CAMPUS AREA)

GENERAL OBLIGATION REFUNDING BONDS

INTEREST RATE: MATURITY DATE: DATED AS OF: CUSIP ___% per annum August 1, ____ _____________, ____ ________

REGISTERED OWNER: CEDE & CO.

PRINCIPAL AMOUNT:

The Merced Community College District (the “District”) acting on behalf of the Merced Community College District, School Facilities Improvement District No. 1 (the “Improvement District”) in Merced County, California, for value received, promises to pay to the Registered Owner named above, or registered assigns, the Principal Amount on the Maturity Date, each as stated above, and interest thereon until the Principal Amount is paid or provided for at the Interest Rate stated above, on February 1 and August 1 of each year (the “Bond Payment Dates”), commencing February 1, 2012. This bond will bear interest from the Bond Payment Date next preceding the date of authentication hereof unless it is authenticated as of a day during the period from the 16th day of the month next preceding any Bond Payment Date to the Bond Payment Date, inclusive, in which event it shall bear interest from such Bond Payment Date, or unless it is authenticated on or before January 15, 2012, in which event it shall bear interest from the Date of Delivery. Interest on this bond shall be computed on the basis of a 360-day year of twelve 30-day months. Principal and interest are payable in lawful money of the United States of America, without deduction for the paying agent services, to the person in whose name this bond (or, if applicable, one or more predecessor bonds) is registered (the “Registered Owner”) on the Register maintained by The Bank of New York Mellon Trust Company, as Paying Agent. Principal is payable upon presentation and surrender of this bond at the designated office of the Paying Agent. Interest is payable by check mailed by the Paying Agent on each Bond Payment Date to the Registered Owner of this bond (or one or more predecessor bonds) as shown and at the address appearing on the bond register maintained by the Paying Agent at the close of business on the 15th day of the calendar month next preceding that Bond Payment Date (the “Record Date”). The Owner of Refunding Bonds in the aggregate principal amount of $1,000,000 or more may request in writing to the Paying Agent that the Owner be paid interest by wire transfer to the bank and account number on file with the Paying Agent as of the Record Date.

This bond is one of an authorization of bonds issued by the District pursuant to California Government Code Section 53550 et seq. (the “Act”) for the purpose of refunding certain of the Improvement District’s outstanding General Obligation Bonds, Election of 2002, Series 2003; and to pay all necessary legal, financial, and contingent costs in connection therewith. The bonds are being issued under authority of and pursuant to the Act, the laws of the State of California, and the resolution of the Board of Trustees of the District adopted on December 6, 2011 (the “Bond Resolution”). This bond and the issue of which this bond is one are general obligation bonds of the District payable as to both

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Principal and interest solely from the proceeds of the levy of ad valorem taxes on all property subject to such taxes in the Improvement District, which taxes are unlimited as to rate or amount.

The bonds of this issue comprise $________ Principal amount of Current Interest Bonds, of which this bond is a part (each a “Refunding Bond”).

This bond is exchangeable and transferable for bonds of like tenor, maturity and Transfer Amount (as defined in the Bond Resolution) and in authorized denominations at the designated office of the Paying Agent by the Registered Owner or by a person legally empowered to do so, upon presentation and surrender hereof to the Paying Agent, together with a request for exchange or an assignment signed by the Registered Owner or by a person legally empowered to do so, in a form satisfactory to the Paying Agent, all subject to the terms, limitations and conditions provided in the Bond Resolution. All fees and costs of transfer shall be paid by the transferor. The District and the Paying Agent may deem and treat the Registered Owner as the absolute Owner of this bond for the purpose of receiving payment of or on account of principal or interest and for all other purposes, and neither the District nor the Paying Agent shall be affected by any notice to the contrary.

Neither the District nor the Paying Agent will be required (a) to issue or transfer any bond during a period beginning with the opening of business on the 15th business day next preceding either any Bond Payment Date or any date of selection of bonds to be redeemed and ending with the close of business on the Bond Payment Date or day on which the applicable notice of redemption is given or (b) to transfer any bond which has been selected or called for redemption in whole or in part.

The Refunding Bonds maturing on or before August 1, 20__ are not subject to redemption prior to their fixed maturity dates. The Refunding Bonds maturing on or after August 1, 20__ are subject to redemption on or after August 1, 20__ or on any date thereafter at the option of the District as a whole or in part at a redemption price equal to the principal amount of the Refunding Bonds called for redemption, plus interest accrued thereon to the date fixed for redemption, without premium.

The Refunding Bonds maturing on August 1, 20__ are subject to mandatory sinking fund redemption from moneys in the Debt Service Fund on August 1 of each year on and after August 1, 20__, at a redemption price equal to the principal amount thereof, together with accrued interest to the date fixed for redemption, without premium. The principal amounts represented by such Refunding Bonds to be so redeemed and the dates therefore and the final payment date is as indicated in the following table:

Redemption Dates Principal Amounts

TOTAL $ The principal amount to be redeemed in each year shown above will be reduced proportionately

or as otherwise directed by the District, in integral multiples of $5,000, by any portion of the Refunding Term Bond optionally redeemed prior to the mandatory sinking fund redemption date.

If less than all of the bonds of any one maturity shall be called for redemption, the particular bonds or portions of bonds of such maturity to be redeemed shall be selected by lot by the District in such manner as the District in its discretion may determine; provided, however, that the portion of any bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. If less than all of the

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bonds stated to mature on different dates shall be called for redemption, the particular bonds or portions thereof to be redeemed shall be called in any order of maturity selected by the District or, if not so selected, in the inverse order of maturity.

Reference is made to the Bond Resolution for a more complete description of the provisions, among others, with respect to the nature and extent of the security for the bonds of this series, the rights, duties and obligations of the District, the Paying Agent and the Registered Owners, and the terms and conditions upon which the bonds are issued and secured. The Registered Owner of this bond assents, by acceptance hereof, to all of the provisions of the Bond Resolution.

It is certified and recited that all acts and conditions required by the Constitution and laws of the State of California to exist, to occur and to be performed or to have been met precedent to and in the issuing of the bonds in order to make them legal, valid and binding general obligations of the District, have been performed and have been met in regular and due form as required by law; that payment in full for the bonds has been received; that no statutory or constitutional limitation on indebtedness or taxation has been exceeded in issuing the bonds; and that due provision has been made for levying and collecting ad valorem property taxes on all of the taxable property within the District in an amount sufficient to pay Principal and interest when due.

This bond shall not be valid or obligatory for any purpose and shall not be entitled to any security or benefit under the Bond Resolution until the Certificate of Authentication below has been signed.

[REMAINDER OF PAGE LEFT BLANK]

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IN WITNESS WHEREOF, the Merced Community College District, has caused this bond to be executed on behalf of the Improvement District and in their official capacities by the manual or facsimile signatures of the President of the Board of Trustees of the District, and to be countersigned by the manual or facsimile signature of the [Secretary/Clerk] of the Board of Trustees, all as of the date stated above.

MERCED COMMUNITY COLLEGE DISTRICT

By: (Facsimile Signature) President, Board of Trustees

COUNTERSIGNED:

(Facsimile Signature) [Secretary/Clerk], Board of Trustees

CERTIFICATE OF AUTHENTICATION

This bond is one of the bonds described in the Bond Resolution referred to herein which has been authenticated and registered on _________________, 201_.

THE BANK OF NEW YORK MELLON TRUST COMPANY, as Paying Agent

By: Authorized Officer

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ASSIGNMENT

For value received, the undersigned sells, assigns and transfers to (print or typewrite name, address and zip code of Transferee): ___________________________________________________ this bond and irrevocably constitutes and appoints attorney to transfer this bond on the books for registration thereof, with full power of substitution in the premises.

Dated: ________________________ _____________________________

Signature Guaranteed: _____________________________

Notice: The assignor’s signature to this assignment must correspond with the name as it appears

upon the within bond in every particular, without alteration or any change whatever, and the signature(s) must be guaranteed by an eligible guarantor institution.

Social Security Number, Taxpayer Identification Number or other identifying number of Assignee: _________________

Unless this bond is presented by an authorized representative of The Depository Trust Company to the issuer or its agent for registration of transfer, exchange or payment, and any bond issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein.

LEGAL OPINION

The following is a true copy of the opinion rendered by Stradling Yocca Carlson & Rauth, a Professional Corporation in connection with the issuance of, and dated as of the date of the original delivery of, the bonds. A signed copy is on file in my office.

By: (Facsimile Signature) [Secretary/Clerk] to Board of Trustees

(Form of Legal Opinion)

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SECTION 11. Delivery of Refunding Bonds. The proper officials of the District shall cause the Refunding Bonds to be prepared and, following their sale, shall have the Refunding Bonds signed and delivered, together with a true transcript of proceedings with reference to the issuance of the Refunding Bonds, to the Underwriter upon payment of the purchase price therefor.

SECTION 12. Deposit of Proceeds of Refunding Bonds; Escrow Agreement. An amount of proceeds from the sale of the Refunding Bonds necessary to purchase Federal Securities, or to otherwise refund the Refunded Bonds, shall be transferred to the Escrow Agent for deposit in the “Merced Community College District, School Facility Improvement District No. 1, General Obligation Refunding Bonds Escrow Fund” (the “Escrow Fund”) established under the Escrow Agreement, which amount, if uninvested, shall be sufficient, or if invested, together with an amount or amounts of cash held uninvested therein, shall be sufficient to refund the Refunded Bonds all as set forth in a certificate of an Authorized Officer. Premium or proceeds received from the sale of the Refunding Bonds desired to pay all or a portion of the costs of issuing the Refunding Bonds may be deposited in the fund of the District held by a fiscal agent selected thereby and shall be kept separate and distinct from all other District funds, and those proceeds shall be used solely for the purpose of paying costs of issuance of the Refunding Bonds.

Any accrued interest received by the District from the sale of the Refunding Bonds shall be kept separate and apart in the fund hereby created and established and to be designated as the “Merced Community College District, School Facility Improvement District No. 1, General Obligation Refunding Bonds Debt Service Fund” (the “Debt Service Fund”) for the Refunding Bonds and used only for payments of principal of and interest on the Refunding Bonds. The Debt Service Fund shall be held by the County. A portion of the premium received by the District from the sale of the Refunding Bonds may be transferred to the Debt Service Fund or applied to the payment of cost of issuance of the Refunding Bonds, or some combination of deposits. Any excess proceeds of the Refunding Bonds not needed for the authorized purposes set forth herein for which the Refunding Bonds are being issued shall be transferred to the Debt Service Fund and applied to the payment of the principal of and interest on the Refunding Bonds. If, after payment in full of the Refunding Bonds, there remain excess proceeds, any such excess amounts shall be transferred to the general fund of the District.

The moneys in the Debt Service Fund, to the extent necessary to pay the principal of and interest on the Refunding Bonds as the same become due and payable, shall be transferred by the Treasurer-Tax Collector of Merced County to the Paying Agent which, in turn, shall pay such moneys to DTC to pay the principal of and interest on the Refunding Bonds. DTC will thereupon make payments of principal and interest on the Refunding Bonds to the DTC Participants who will thereupon make payments of principal and interest to the beneficial owners of the Refunding Bonds. Any moneys remaining in the Debt Service Fund after the Refunding Bonds and the interest thereon have been paid, or provision for such payment has been made, shall be transferred to the general fund of the District.

Except as required below to satisfy the requirements of Section 148(f) of the Code, interest earned on the investment of monies held in the Debt Service Fund shall be retained in the Debt Service Fund and used to pay principal and interest on the Refunding Bonds when due.

SECTION 13. Rebate Fund.

(a) General. If necessary, there shall be created and established a special fund designated the “Merced Community College District, School Facility Improvement District No. 1, General Obligation Refunding Bonds Rebate Fund” (the “Rebate Fund”). All amounts at any time on deposit in the Rebate Fund shall be held in trust, to the extent required to satisfy the requirement to make rebate payments to the United States (the “Rebate Requirement”) pursuant to Section 148 of the Code, as the same may be amended from time to time, and the Treasury Regulations promulgated thereunder (the “Rebate

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Regulations”). Such amounts shall be free and clear of any lien hereunder and shall be governed by this Section and Section 14 of this Resolution and by the Tax Certificate concerning certain matters pertaining to the use and investment of proceeds of the Refunding Bonds, executed and delivered to the District on the date of issuance of the Refunding Bonds, including any and all exhibits attached thereto (the “Tax Certificate”).

(b) Deposits.

(i) Within forty-five (45) days of the end of each fifth Bond Year (as such term is defined in the Tax Certificate) (1) the District shall calculate or cause to be calculated with respect to the Refunding Bonds the amount that would be considered the “rebate amount” within the meaning of Section 1.148-3 of the Rebate Regulations, using as the “computation date” for this purpose the end of such five Bond Years, and (2) the District shall deposit to the Rebate Fund from deposits from the District or from amounts available therefor on deposit in the other funds established hereunder, if and to the extent required, amounts sufficient to cause the balance in the Rebate Fund to be equal to the “rebate amount” so calculated.

(ii) The District shall not be required to deposit any amount to the Rebate Fund in accordance with the preceding sentence if the amount on deposit in the Rebate Fund prior to the deposit required to be made under this subsection (b) equals or exceeds the “rebate amount” calculated in accordance with the preceding sentence. Such excess may be withdrawn from the Rebate Fund to the extent permitted under subsection (g) of this Section.

(iii) The District shall not be required to calculate the “rebate amount” and the District shall not be required to deposit any amount to the Rebate Fund in accordance with this subsection (b), with respect to all or a portion of the proceeds of the Refunding Bonds (including amounts treated as the proceeds of the Refunding Bonds) (1) to the extent such proceeds satisfy the expenditure requirements of Section 148(f)(4)(B) or Section 148 (f)(4)(C) of the Code or Section 1.148-7(d) of the Treasury Regulations or the small issuer exception of Section 148(f)(4)(D) of the Code, whichever is applicable, and otherwise qualify for the exception of the Rebate Requirement pursuant to whichever of said sections is applicable, or (2) to the extent such proceeds are subject to an election by the District under Section 148(f)(4)(C)(vii) of the Code to pay a one and one-half percent (1½%) penalty in lieu of arbitrage rebate in the event any of the percentage expenditure requirements of Section 148(f)(4)(C) are not satisfied, or (3) to the extent such proceeds qualify for the exception to arbitrage rebate under Section 148(f)(4)(A)(ii) of the Code for amounts in a “bona fide debt service fund.” In such event, and with respect to such amounts, the District shall not be required to deposit any amount to the Rebate Fund in accordance with this subsection (b).

(c) Withdrawal Following Payment of Refunding Bonds. Any funds remaining in the Rebate Fund after redemption of all the Refunding Bonds and any amounts described in paragraph (ii) of subsection (d) of this Section, including accrued interest, shall be transferred to the General Fund of the District.

(d) Withdrawal for Payment of Rebate. Subject to the exceptions contained in subsection (b) of this Section to the requirement to calculate the “rebate amount” and make deposits to the Rebate Fund, the District shall pay to the United States, from amounts on deposit in the Rebate Fund,

(i) not later than sixty (60) days after the end of (a) the fifth (5th) Bond Year, and (b) each fifth (5th) Bond Year thereafter, an amount that, together with all previous rebate payments, is equal to at least 90% of the “rebate amount” calculated as of the end of such Bond Year in accordance with Section 1.148-3 of the Rebate Regulations; and

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(ii) not later than sixty (60) days after the payment of all Refunding Bonds, an amount equal to one hundred percent (100%) of the “rebate amount” calculated as of the date of such payment (and any income attributable to the “rebate amount” determined to be due and payable) in accordance with Section 1.148-3 of the Rebate Regulations.

(e) Rebate Payments. Each payment required to be made pursuant to subsection (d) of this Section shall be made to the Internal Revenue Service Center, Ogden, Utah 84201, on or before the date on which such payment is due, and shall be accompanied by Internal Revenue Service Form 8038-T, such form to be prepared or caused to be prepared by or on behalf of the District.

(f) Deficiencies in the Rebate Fund. In the event that, prior to the time of any payment required to be made from the Rebate Fund, the amount in the Rebate Fund is not sufficient to make such payment when such payment is due, the District shall calculate the amount of such deficiency and deposit an amount equal to such deficiency into the Rebate Fund prior to the time such payment is due.

(g) Withdrawals of Excess Amount. In the event that immediately following the calculation required by subsection (b) of this Section, but prior to any deposit made under said subsection, the amount on deposit in the Rebate Fund exceeds the “rebate amount” calculated in accordance with said subsection, upon written instructions from the District, the District may withdraw the excess from the Rebate Fund and credit such excess to the Debt Service Fund.

(h) Record Retention. The District shall retain records of all determinations made hereunder until three years after the retirement of the Refunding Bonds.

(i) Survival of Defeasance. Notwithstanding anything in this Resolution to the contrary, the Rebate Requirement shall survive the payment in full or defeasance of the Refunding Bonds.

SECTION 14. Security for the Refunding Bonds.

(a) Permitted Investments. There shall be levied on all the taxable property in the Improvement District, in addition to all other taxes, a continuing direct ad valorem tax annually during the period the Refunding Bonds are outstanding in an amount sufficient to pay the principal of and interest on the Refunding Bonds when due, which moneys when collected will be placed in the Debt Service Fund of the District and used for the payment of the principal of and interest on the Refunding Bonds when and as the same fall due, and for no other purpose. The District covenants to cause the Merced County to take all actions necessary to levy such ad valorem tax in accordance with this Section 14 and Section 53559 of the Act.

(i) All amounts held in the funds and accounts established hereunder and held by the County shall be invested by the Treasurer-Tax Collector in any instrument which is a lawful investment for funds of the District. Unless otherwise instructed by the District in writing, amounts held hereunder shall be invested in the County of Merced Treasurer-Tax Collector’s Pooled Investment Fund. If invested in other than the Pooled Investment Fund, amounts in the Debt Service Fund shall be invested in investments maturing not later than the date on which such amounts will be needed to pay the principal of and interest on the Refunding Bonds.

(ii) Obligations purchased as an investment of moneys in any fund or account shall be deemed at all times to be a part of such fund or account. Profits or losses attributable to any fund or account shall be credited or charged to such fund or account. In computing the amount in any fund or account created under the provisions of this Resolution for any purpose provided in this

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Resolution, obligations purchased as an investment of moneys therein shall be valued at cost, plus, where applicable, accrued interest.

SECTION 15. Arbitrage Covenant. The District will restrict the use of the proceeds of the Refunding Bonds in such manner and to such extent, if any, as may be necessary, so that the Refunding Bonds will not constitute arbitrage bonds under Section 148 of the Code and the applicable regulations prescribed under that Section or any predecessor section.

SECTION 16. Legislative Determinations. The Board determines that all acts and conditions necessary to be performed by the Board or to have been met precedent to and in the issuing of the Refunding Bonds in order to make them legal, valid and binding general obligations of the District have been performed and have been met, or will at the time of delivery of the Refunding Bonds have been performed and have been met, in regular and due form as required by law; and that no statutory or constitutional limitation of indebtedness or taxation will have been exceeded in the issuance of the Refunding Bonds. Furthermore, the Board finds and determines pursuant to Section 53552 of the Act that the prudent management of the fiscal affairs of the District requires that it issue the Refunding Bonds without submitting the question of the issuance of the Refunding Bonds to a vote of the qualified electors of the District.

SECTION 17. Official Statement. The Preliminary Official Statement relating to the Refunding Bonds, is authorized to be prepared and is, upon execution by an Authorized Officer, hereby approved and the Authorized Officers, each alone, are hereby authorized and directed, for and in the name and on behalf of the District, to deliver such Preliminary Official Statement to the Underwriter to be used in connection with the offering and sale of the Refunding Bonds. The Authorized Officers, each alone, are hereby authorized and directed, for and in the name and on behalf of the District, to deem the Preliminary Official Statement “final” pursuant to 15c2-12 of the Securities Exchange Act of 1934, prior to its distribution and to execute and deliver to the Underwriter a final Official Statement, substantially in the form of the Preliminary Official Statement, with such changes therein, deletions therefrom and modifications thereto as the Authorized Officer executing the same shall approve. The Underwriter is hereby authorized to distribute copies of the Preliminary Official Statement to persons who may be interested in the purchase of the Refunding Bonds and is directed to deliver copies of any final Official Statement to the purchasers of the Refunding Bonds. Execution of the Official Statement shall conclusively evidence the District’s approval of the Official Statement.

SECTION 18. Insurance. In the event the District purchases bond insurance for the Refunding Bonds, and to the extent that the Bond Insurer makes payment of the principal or interest on the Refunding Bonds, it shall become the Owner of such Refunding Bonds with the right to payment of principal or interest on the Refunding Bonds, and shall be fully subrogated to all of the Owners’ rights, including the Owners’ rights to payment thereof. To evidence such subrogation (i) in the case of subrogation as to claims that were past due interest components, the Paying Agent shall note the Bond Insurer’s rights as subrogee on the registration books for the Refunding Bonds maintained by the Paying Agent upon receipt of a copy of the cancelled check issued by the Bond Insurer for the payment of such interest to the Owners of the Refunding Bonds, and (ii) in the case of subrogation as to claims for past due principal, the Paying Agent shall note the Bond Insurer as subrogee on the registration books for the Refunding Bonds maintained by the Paying Agent upon surrender of the Refunding Bonds by the Owners thereof to the Bond Insurer or the insurance trustee for the Bond Insurer.

SECTION 19. Defeasance. All or any portion of the outstanding maturities of the Refunding Bonds may be defeased prior to maturity in the following ways:

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(a) Cash: by irrevocably depositing with an independent escrow agent selected by the District an amount of cash which together with amounts then on deposit in the Debt Service Fund is sufficient to pay and discharge all Refunding Bonds outstanding and designated for defeasance (including all principal and interest represented thereby and prepayment premiums, if any) at or before their maturity date; or

(b) Government Obligations: by irrevocably depositing with an independent escrow agent selected by the District noncallable Government Obligations, together with cash, if required, in such amount as will, in the opinion of an independent certified public accountant, together with interest to accrue thereon and moneys then on deposit in the Debt Service Fund together with the interest to accrue thereon, be fully sufficient to pay and discharge all Refunding Bonds outstanding and designated for defeasance (including all principal and interest represented thereby and prepayment premiums, if any) at or before their maturity date;

then, notwithstanding that any of such Refunding Bonds shall not have been surrendered for payment, all obligations of the District with respect to all such designated outstanding Refunding Bonds shall cease and terminate, except only the obligation of the Paying Agent or an independent escrow agent selected by the District to pay or cause to be paid from funds deposited pursuant to paragraphs (a) or (b) of this Section, to the Owners of such designated Refunding Bonds not so surrendered and paid all sums due with respect thereto.

For purposes of this Section, “Government Obligations” shall mean:

Direct and general obligations of the United States of America (which may consist of obligations of the Resolution Funding Corporation that constitute interest strips), or obligations that are unconditionally guaranteed as to principal and interest by the United States of America, or “prerefunded” municipal obligations rated in the highest rating category by Moody’s Investors Service or Standard & Poor’s. In the case of direct and general obligations of the United States of America, Government Obligations shall include evidences of direct ownership of proportionate interests in future interest or principal payments of such obligations. Investments in such proportionate interests must be limited to circumstances where (a) a bank or trust company acts as custodian and holds the underlying United States obligations; (b) the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor of the underlying United States obligations; and (c) the underlying United States obligations are held in a special account, segregated from the custodian’s general assets, and are not available to satisfy any claim of the custodian, any person claiming through the custodian, or any person to whom the custodian may be obligated; provided that such obligations are rated or assessed “AAA” by Standard & Poor’s or “Aaa” by Moody’s Investors Service.

SECTION 20. Other Actions, Determinations and Approvals.

(a) Officers of the Board, District officials and staff are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to proceed with the issuance of the Refunding Bonds and otherwise carry out, give effect to and comply with the terms and intent of this Resolution. Such actions heretofore taken by such officers, officials and staff are hereby ratified, confirmed and approved.

(b) The Board hereby finds and determines that both the total net interest cost to maturity on the Refunding Bonds plus the principal amount of the Refunding Bonds will be less than the total net interest cost to maturity on the Refunded Bonds plus the principal amount of the Refunded Bonds.

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(c) The Board anticipates that the Refunded Bonds will be redeemed on or about August 1, 2012, which is the first optional redemption date of such Refunded Bonds following the issuance of the Refunding Bonds.

(d) The Board hereby appoints The Bank of New York Mellon Trust Company, Escrow Agent for the Refunding Bonds and approves the form of Escrow Agreement, dated as of December 1, 2011, by and between the District and the Escrow Agent on file with the Secretary or Clerk to the Board. The Authorized Officers, each alone, are hereby authorized to execute the Escrow Agreement with such changes as they shall approve, such approval to be conclusively evidenced by either individual’s execution and delivery thereof.

(e) The Board hereby appoints Piper Jaffray & Co. as the Underwriter and Stradling Yocca Carlson & Rauth, a Professional Corporation, San Francisco, California, as Bond Counsel and Disclosure Counsel with respect to the issuance of the Refunding Bonds.

(f) The provisions of this Resolution as they relate to the terms of the Refunding Bonds may be amended by the Purchase Contract; if the Purchase Contract so provides, the Refunding Bonds may be issued as crossover refunding bonds pursuant to Section 53558(b) of the Government Code.

SECTION 21. Nonliability of County. Notwithstanding anything to the contrary contained herein, in the Refunding Bonds or in any other document mentioned herein, neither the County, nor its officials, officers, employees or agents shall have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby, the Refunding Bonds are not a debt of the County or a pledge of the County full faith and credit, and the Refunding Bonds and any liability in connection therewith shall be paid solely from the moneys of the District.

SECTION 22. Indemnification of County. The District shall defend, indemnify and hold harmless the County, its officials, officers, agents and employees (“Indemnified Parties”) against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may become subject based in whole or in part upon any acts or omission related to the Bonds, except with regard to the County’s responsibilities under Section 21 hereof. The District shall also reimburse the Indemnified Parties for any legal or other costs and expenses incurred in connection with investigating or defending any such claims or liabilities.

SECTION 23. Reimbursement of County Costs. The District shall reimburse the County for all costs and expenses incurred by the County, its officials, officers, agents and employees in issuing or otherwise in connection with the Refunding Bonds.

SECTION 24. Request to County to Levy Tax. The Boards of Supervisors and officers of the County are obligated by statute to provide for the levy and collection of property taxes in each year sufficient to pay all principal and interest coming due on the Refunding Bonds in such year, and to pay from such taxes all amounts due on the Refunding Bonds. The District hereby requests the Board of Supervisors of the County to annually levy a tax upon all taxable property in the Improvement District sufficient to redeem the Refunding Bonds, and to pay the principal, redemption premium, in any, and interest thereon as and when the same become due.

SECTION 25. Resolution to Treasurer-Tax Collector. The Clerk of this Board is hereby directed to provide a certified copy of this Resolution to the Treasurer-Tax Collector of Merced County immediately following its adoption.

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SECTION 26. Continuing Disclosure. The District hereby covenants and agrees that it will comply with and carry out all of the provisions of that certain Continuing Disclosure Certificate executed by the District and dated the date of issuance and delivery of the Refunding Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the District to comply with its obligations under this Section. Noncompliance with this Section shall not result in acceleration of the Refunding Bonds.

SECTION 27. Recitals. All the recitals in this Resolution above are true and correct and this Board so finds, determines and represents.

SECTION 28. Effective Date. This Resolution shall take effect immediately upon its passage.

PASSED AND ADOPTED this 6th day of December, 2011, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

President, Board of Trustees

Merced Community College District Attest:

Secretary to Board of Trustees

Merced Community College District

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SECRETARY’S CERTIFICATE

I, Benjamin T. Duran, Secretary to the Board of Trustees of the Merced Community College District, hereby certify as follows:

The foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Trustees of said District duly and regularly and legally held at the regular meeting place thereof on December 6, 2011, of which meeting all of the members of the Board of said District had due notice and at which a quorum was present.

I have carefully compared the same with the original minutes of said meeting on file and of record in my office and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes.

Said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect.

Dated: December 7, 2011

Secretary

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MERCED COLLEGE


BOARD AGENDA BACKUP


AT THE December 6, 2011 MEETING OF THE BOARD Item: CEO Selection Process Presented by: Gene Vierra/Robert Haden

For Information X For Action Background Information Board Policy 2431 outlines the process for the selection of a new CEO. At the November 14, 2011, workshop the Board began the implementation of this process by directing Stacey Hicks, Special Assistant to the Board, to begin working with acting Board Chair, Gene Vierra, in starting tasks that need to be accomplished. They had a discussion on the process including the selection of a consulting firm to assist the Board with the search. Recommended Action It is recommended the Board establish a date to interview consulting firms and have the selected firm begin the search process as soon as possible.

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MERCED COLLEGE


BOARD AGENDA BACKUP


AT THE December 6, 2011 MEETING OF THE BOARD Item: Adoption of Resolutions Honoring Employees Having Completed 30 or 35

Years of Service with the District Presented by: Benjamin T. Duran For Information X For Action Background Information As in past years, the Board is asked to adopt Resolutions of Appreciation honoring those employees having completed 30 or 35 years of service with the District. These employees will be honored at the College’s annual Holiday Reception on December 15, 2011. Recommended Action It is recommended the Board adopt the Resolutions of Appreciation. Attachments Resolutions

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Merced Community College District Resolution of Appreciation

Honoring Anthony Lewis

WHEREAS, Anthony Lewis has completed 30 years of service in the Merced Community College District;

WHEREAS, Anthony Lewis has devoted his career to the advancement of education;

WHEREAS, Anthony Lewis has promoted high standards and quality education; and

WHEREAS, Anthony Lewis has been a dedicated and loyal member of the college faculty; now, therefore be it

RESOLVED that the Board of Trustees of the Merced Community College District hereby expresses its deep appreciation and gratitude for 30 years of dedicated service and professional contributions to the college community.

PASSED AND ADOPTED this 6th day of December, 2011 by a

unanimous vote of the Board.

Signed Eugene Vierra President, Board of Trustees

Signed

Benjamin T. Duran, Ed.D Superintendent/President

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Honoring Nicholas Rocco

WHEREAS, Nicholas Rocco has completed 30 years of service in the Merced Community College District;

WHEREAS, Nicholas Rocco has devoted his career to the support of education;

WHEREAS, Nicholas Rocco has promoted high ethical and performance standards as an active member of the classified service; and

WHEREAS, Nicholas Rocco has been a dedicated and loyal member of

the classified staff; now, therefore be it RESOLVED that the Board of Trustees of the Merced Community

College District hereby expresses its deep appreciation and gratitude for 30 years of dedicated service and professional contributions to the college community.




Signed


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Honoring Leonel Villarreal

WHEREAS, Leonel Villarreal has completed 30 years of service in the Merced Community College District;

WHEREAS, Leonel Villarreal has devoted his career to the support of education;

WHEREAS, Leonel Villarreal has promoted high ethical and performance standards as an active member of the classified service; and

WHEREAS, Leonel Villarreal has been a dedicated and loyal member of

the classified staff; now, therefore be it RESOLVED that the Board of Trustees of the Merced Community

College District hereby expresses its deep appreciation and gratitude for 30 years of dedicated service and professional contributions to the college community.




Signed


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Honoring Charlie Bennett

WHEREAS, Charlie Bennett has completed 35 years of service in the Merced Community College District;

WHEREAS, Charlie Bennett has devoted his career to the advancement of education;

WHEREAS, Charlie Bennett has promoted high standards and quality education; and

WHEREAS, Charlie Bennett has been a dedicated and loyal member of the college faculty; now, therefore be it





Signed


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Honoring Amir Falahi

WHEREAS, Amir Falahi has completed 35 years of service in the Merced Community College District;

WHEREAS, Amir Falahi has devoted his career to the advancement of education;

WHEREAS, Amir Falahi has promoted high standards and quality education; and

WHEREAS, Amir Falahi has been a dedicated and loyal member of the college faculty; now, therefore be it





Signed


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Honoring Janis Tamberi

WHEREAS, Janis Tamberi has completed 35 years of service in the Merced Community College District;

WHEREAS, Janis Tamberi has devoted her career to the advancement of education;

WHEREAS, Janis Tamberi has promoted high standards and quality education; and

WHEREAS, Janis Tamberi has been a dedicated and loyal member of the college faculty; now, therefore be it


PASSED AND ADOPTED ther 6th day of December, 2011 by a



Signed


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BOARD AGENDA BACKUP


MERCED COMMUNITY COLLEGE DISTRICT AT THE December 6, 2011 MEETING OF THE BOARD

Item: Second Reading and Adoption- Board Policies and Administrative

Procedures Presented by: Administration For Information X For Action Background Information A first reading of the policies and administrative procedures was conducted at the Board’s November 14, 2011, workshop. The policies and procedures listed below are presented for second reading. Board Policy 2715 – Censure policy language was added. Board Policy 2740 – Language added to more specifically outline the board education plan. Board Policy/Administrative Procedure 3200 – Language was added to address the Board’s role in the accreditation process. Recommendation/Requested Action It is recommended the policies and procedures be adopted as presented. Attachments Board policies and administrative procedures as listed above.

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BOARD POLICY 2715 CODE OF ETHICS/STANDARDS OF PRACTICE Reference:

Accreditation Standard IV.B.1.a, e, & h The Board maintains high standards of ethical conduct for its members. Members of the Board are responsible for:

• acting only in the best interests of the college, community, and district, and being aware of their responsibility to all citizens of the District;

• exercising authority only as a board, remembering that at all times individual

trustees have no legal authority outside the meetings of the Board, and conducting relationships with college staff, students, the local citizenry and the media on that basis;

• recognizing that under all circumstances the Board is legally responsible for the

effective operation of the District and that establishing policy is the primary function of the Board;

• ensuring public input into board deliberations, adhering to the law and spirit of the

open meeting laws and regulations;

• preventing conflicts of interest and the perception of conflicts of interest;

• using appropriate channels of communication;

• respecting others, acting with civility, and working with fellow board members in a spirit of harmony and cooperation;

• basing decisions on all available facts in each situation and abiding by and

upholding the final majority decision of the Board;

• being informed about the district, educational issues, and responsibilities of trusteeship;

• maintaining confidentiality of closed sessions, recognizing that deliberations of

the Board in closed session are not to be released or discussed without the prior approval of the Board by majority vote;

• being original, creative and regenerative;

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• demonstrating and requiring distinctive service;

• requiring commitment and devotion of time, thought, energy, effort, and ability whenever needed;

• enhancing one’s potential through participating in educational conferences,

workshops and training sessions;

• being informed about the actions and positions of state and national community college trustee associations; and

• being informed of all relative Federal and State legislation pertaining to

community colleges. Censure Policy All Governing Board members are expected to maintain the highest standards of conduct and ethical behavior and to adhere to the Board’s Code of Ethics. The Governing Board will be prepared to investigate the factual basis behind any charge or complaint of Board member misconduct. A Board member may be subject to a resolution of censure by the Governing Board should it be determined that Board member misconduct has occurred. Censure is an official expression of disapproval passed by the Governing Board. A complaint of Board member misconduct will be referred to an ad hoc committee composed of two Board members not subject to the complaint. In a manner deemed appropriate by the committee, a fact-finding process shall be initiated and completed within a reasonable period of time to determine the validity of the complaint. The committee shall be guided in its inquiry by the standards set forth in the Code of Ethics as defined in Board Policy. The Board member subject to the charge of misconduct shall not be precluded from presenting information to the committee. The committee shall, within a reasonable period of time, make a report of its findings to the Governing Board for action. Adopted 5/4/04 Revised 10/18/05

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BOARD POLICY 2740 BOARD EDUCATION Reference: Accreditation Standard 10.A.6

The Board is committed to its ongoing development as a board and to a trustee education program that includes new trustee orientation. To that end, the Board will engage in study sessions, provide access to reading materials, and support conference attendance and other activities that foster trustee education. New Trustees The Superintendent/President and Board Chair (or designee) shall develop and conduct an orientation for each new trustee, including the student trustee. The orientation may include: campus tours, information sessions with key administrators and faculty, classified, and student leaders, and a discussion session with board members. Topics covered should include, but are not limited to: trustee roles, responsibilities, and standards of practice, board/CEO relations including delegation, board/staff relations, communication protocols, personnel and collective bargaining, legal and fiscal responsibilities, open meeting laws, trustee benefits and expenses. New trustees shall be provided the following information, including but not limited to: Board Policy Manual, College Strategic Plan, most recent accreditation reports, college budget, most recent audit, catalog and other selected college publications, institutional effectiveness/student success reports, contracts with bargaining units, organizational charts, and copy of the Brown Act. New trustees are expected to attend the Community College League of California (CCLC) Effective Trusteeship Workshop held each January. Student trustees are expected to attend the CCLC Student Trustee Workshop in August. Ongoing Trustee Development Board members are expected to attend at least one state or national conference at least every two years. Recommended conferences include those sponsored by the Community College League of California, Association of Community College Trustees, and American Association of Community Colleges. The Board of Trustees will hold two Board retreats or workshops each year, at which the Board will have the opportunity to discuss concerns and ideas with other members of the board and the administration. Discussion topics may include, but are not limited to, board self-evaluation, college and board goal achievement and goal-setting, board policies, and key issues facing the college. Other workshops may be scheduled as needed.

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Regular board meeting agendas shall include items that address board education and development. Board members shall be provided with information and reading materials on educational and governance trends and issues. Adopted 5/4/04

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BOARD POLICY 3200 ACCREDITATION Reference: Accreditation Eligibility Requirement 20, Standard IV.B.1.i

The Superintendent/President shall ensure the District complies with the accreditation process and standards of the Accrediting Commission of Community and Junior Colleges and of other District programs that seek special accreditation. The Superintendent/President shall keep the Board informed of approved accrediting organizations and the status of accreditations. The Superintendent/President shall ensure that the Board is involved in any accreditation process in which Board participation is required. The Superintendent/President shall provide the Board with a summary of any accreditation report and any actions taken or to be taken in response to recommendations in an accreditation report. Adopted See Administrative Procedure 3200

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ADMINISTRATIVE PROCEDURE 3200 – Accreditation In accordance with the standards of the Accrediting Commission for Community and Junior Colleges (ACCJC), each college shall conduct a comprehensive self study every six years and host a visit by an accreditation team. Mandatory interim reports are prepared and submitted to the Accrediting Commission in the third year of each six year cycle. Those employees who are responsible for the functions related to the accreditation standards must be involved in the self study and team visit. The process for producing the written document that is the Comprehensive Self-Study must include:

• A self-study Chair and/or Co-Chairs appointed by the Superintendent/President in accordance with campus procedures. If the Superintendent/President selects a faculty member to be the Chair and/or Co-Chair, the appointment must be approved by the Academic Senate.

• Accreditation Liaison Officer appointed by the Superintendent/President. • Active, district-wide involvement of administrators, faculty, classified staff, and

students as required by state law, Board Policy and Administrative Regulations. • A Steering Committee with members from faculty, management, classified staff,

and students. • The Steering Committee will meet at least six (6) times a year to support the

writing of the self-study and any other reports required by the ACCJC. • The self-study report shall be made available to the faculty, management,

classified staff, and student leaders for review and comment before it is sent to the Board of Trustees for approval.

• When the self-study is completed it must be reviewed and approved by the Board of Trustees prior to submission to the Accrediting Commission a minimum of 30 days prior to the team visit.

The following requirements apply to all other activities in preparation for accreditation or reaffirmation of accreditation:

• Preparation for accreditation activities must begin no less than one year before that activity.

• The college president, after consultation with the president of the academic senate, is responsible for appointing someone to coordinate the accreditation activities.

• The development of all supporting materials shall involve appropriate faculty, management, classified staff, and students.

• Accreditation reports shall be approved by the Board of Trustees before they are submitted to an accrediting agency on behalf of the college.

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Adopted 6/15/04 Revised 9/7/04

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BOARD AGENDA BACKUP


AT THE DECEMBER 6, 2011, MEETING OF THE BOARD

Item: Quarterly Financial Status Report, 2011-12 Fiscal Year; Quarter Ended September 30, 2011 Presented By: Mazie L. Brewington For: Information X Action Background Information As required by Title 5 of the California Code of Regulations (CCR), Section 58310 requires districts to prepare and submit a quarterly report on forms provided by the Chancellor’s Office. The information on this report is for the events known as of September 30, 2011. The following is a brief summary of the highlights of the report. The highlights include the following: The projected 2011-12 expenditures (Line B.1) is the expenditure budget for the

Unrestricted General Fund and does not reflect any possible budget savings that will occur.

The District’s unrestricted reserves (Line F.1) are currently in excess of the

Board’s designated six-percent reserve. The annualized attendance for credit and noncredit FTES (Line G.1) is currently

being projected at 10,470. The Annual Period Apportionment Attendance Report dated July 15, 2011, reported total FTES at 10,469.94.

The District’s cash (Line H.1) has been sufficient as to not interfere with its ability

conduct the business of the District.

In Section IV Unrestricted General Fund Revenue, Expenditure and Fund Balance, the actual total revenue (Line I.3) and expenditures (line J.3) are both less than expected.

In Section V, the District is reporting that it did not settle any employee contracts

during this quarter.

In Section VI, the District is reporting the issuance of a $4.1 million TRAN in July.

The Administration is continuing to provide the Board with monthly budget updates as the budget development process continues both at the state and the college. These updates are posted on the college web site for review by the college community.

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Recommendation/Requested Action This is an information item; therefore, no action by the Board of Trustees is required. Attachments Quarterly Financial Status Report, 2011-12 for the Quarter Ended September 30, 2011.

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MERCED COLLEGE


BOARD AGENDA BACKUP


AT THE December 6, 2011 MEETING OF THE BOARD Item: Review Board Development & Education Workshop Presented by: Benjamin T. Duran

X For Information For Action Background Information The Board of Trustees met on November 14, 2011, to address the recommendations from the Accreditation Commission that are related to the Board. In addition they discussed the CEO selection process. Attached here are notes from the consultant, Cindra Smith, who facilitated the workshop. The official minutes of that meeting were presented earlier in this agenda for approval. Recommended Action It is recommended the Board consider dates for a spring workshop as a follow-up to the November workshop to continue the work in developing their role in accreditation and institutional effectiveness. Attachment Notes from Cindra Smith

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Merced CCD Board of Trustees Board Workshop, November 14 Discussion Notes prepared by Facilitator Cindra Smith The November workshop was a follow-up to the April 9 workshop, and continued the discussion of the Board’s response to the recommendations from ACCJC. Board Related Accreditation Recommendations Participants had previously received and reviewed ACCJC’s June 30 letter with the recommendations and sections of the visiting teams report related to the Board, and had another opportunity to comment on them at this workshop. Discussion addressed the reasons for the visiting team making the recommendations and how the team members gathered the evidence. Participants also reviewed the minutes from the April 9 workshop, which covered the 2010 self-evaluation results, differentiation between board and administrative roles, behaviors that can be perceived as micromanagement, policy as the voice of the board, and sanctions for violations of the code of ethics. Participants then reviewed the Gap Analysis Recommendations prepared by college staff on board self-evaluation , board development and board role in accreditation, and made some suggestions for changes, which will be incorporated into the document. The Superintendent and trustees discussed the Gap Analysis Recommendations related to staffing for human resources, including the impact on budgets. Other ACCJC recommendations related to college operations are being addressed by the college; board members requested regular updates on progress at every board meeting. Board Policy 3200: Accreditation The Board reviewed a proposed policy on accreditation, and suggested changes. The policy will be on the next board meeting agenda for approval. The Board received the administrative procedure related to this policy as information. Board Self-Evaluation and Plan for Improvement Participants reviewed the results of the self-evaluation completed in 2010, noting that the two new members had not participated in it. They affirmed plans to address the areas where scores indicated a need for improvement as follows:

• The board reaches decisions on the basis of study of all available background data and consideration of the recommendation of the S/P and Board members are knowledgeable about community and state issues. Members appreciated receiving information on key issues forwarding by the CEO since the April workshop. They affirmed the desire to include discussion and educational sessions as part of board meetings and at two board retreats each year. They appreciate hearing different points of view about issues that come to the Board. The knowledge gained helps board members be proactive, not reactive. Members discussed the value of being involved at the state and national level.

• Members of the board reflect board policy in individual answers to public questions and in public statements. The discussion at the April 9 meeting was affirmed that the CEO is the official spokesperson for the college, and that requests for comment from media are referred to the Superintendent/President’s office. Board members may speak for the board only when specifically delegated by the board.

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• The board has strategies for involving the community in relevant decisions. Board members discussed current strategies, including the opportunity for the public to speak at board meetings. There were no recommendations for changes. The CEO will provide new trustees with a list of all committees that include community members. Members recommended deleting this question, as board members interpreted it differently.

• The board is involved in and understands the budget process. Members discussed the need to understand community college financing and how the budget is developed at the college. Finance and budget will be a topic at a future board retreat or board meeting.

The Board discussed possible changes to the board self-evaluation process and instrument; consensus was to revisit both in spring of 2012 in preparation for the 2012 evaluation cycle. Discussion may include moving to an annual evaluation, criteria related to board tasks, connecting the board self-evaluation to institutional effectiveness, and ensuring dialogue among board members. The discussion completed the response to the Accrediting Team’s recommendation to finish the 2010 Board Self-Evaluation. Board Policy 2715: Code of Ethics/Standards of Practice At the April workshop, board members reviewed possible policies and practices related to sanctions for violations of the board’s code of ethics. At this workshop, board members discussed a proposed policy as a first reading. No changes were suggested, and the policy will be on the next board meeting agenda for approval. Board Policy 2740: Board Education Board members discussed and identified key components for a board education and development plan, including:

• Two board retreats/workshops per year, with additional ones scheduled if needed. • Agendizing, and identifying as such, board education and development topics at board

meetings. • Topics for board education will include, but are not limited to, financing and budgeting and the

board self-evaluation process. The facilitator noted two documents provided to the board that may be useful in identifying topics for board education: “Board Responsibilities and Board Governance” prepared by Don Averill, and “Trusteeship Skills and Knowledge” published by the Community College League. Participants reviewed sample language for a proposed policy on board education, which outlines the framework for an annual plan. They recommended a number of changes in wording. The draft will be presented to the board for further review and action. Government Code Section 54963 – Confidentiality of Closed Session Items Participants supported the suggestion to ask board members to sign a form that they have received and read Government Code Section 54963. CEO Selection Process Board members discussed and affirmed the Board Policy on CEO Selection.

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MERCED COLLEGE


BOARD AGENDA BACKUP


AT THE DECEMBER 6, 2011MEETING OF THE BOARD Item: Accreditation Follow Up Report Update Presented by: Anne Newins X For Information For Action Background Information Regular updates will be provided to the Board of Trustees on a regular basis related to steps being taken to address the recommendations set forth by the Accrediting Commission of Community and Junior Colleges. This month, information will be provided regarding a meeting to be held on November 15, 2011, and formation of a standing Accreditation Committee. Attachment Updated Gap Analysis conduct by Matthew Lee of PPL.

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Merced Community College District Board of …...UNAPPROVED Merced Community College District Board of Trustees meeting held November 1, 2011 1. Public Session Call to Order The Board

Documents