Board Packet: Oct 15 2012 Special Board Meeting

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    Agenda Board of Trustees Special Meeting, October 15, 2012 Page 2

    2. DISTRICTS INITIAL PROPOSAL REGARDING A SUCCESSOR CONTRACT WITHTHE COLLEGE OF SEQUOIAS TEACHERS ASSOCIATION (COSTA) FOR 2013-2014 AND 2014-2015

    Mr. Bratsch

    The Districts Master Agreement with COSTA expired June 30, 2010. During the twoyears thereafter, the District and COSTA engaged in negotiations for a successor contractand exhausted the statutory impasse procedures without reaching an agreement. TheDistrict proposes to initiate a new round of bargaining for a successor contract,independent of any post-impasse negotiations and/or mediation in relation to the advisoryFactfinding Report issued on July 4, 2012. It is recommended that the Board of Trustees(1) acknowledge receipt of the Districts initial proposal to COSTA for a successorcontract; (2) announce the availability of the Districts initial proposal for public review inthe Human Resources Office; and (3) declare that a public hearing will be held on theDistricts initial proposal at the Boards November 13, 2012 meeting.

    3. RESOLUTION NO. 2012-27; AUTHORIZING COS AND COSTA TO CONDUCT THENEXT ROUND OF NEGOTIATIONS IN PUBLIC

    Roll Call Vote

    Mr. Carrizosa

    It is allowable by law for the process of collective bargaining to be conducted in open

    public session if mutually agreeable by both negotiating parties. This resolution doesnot allow the public to participate in the negotiations, rather it would be to conductcontract negotiations in public. The district believes the benefits of such opennessand transparency will demonstrate public accountability for our actions and buildpublic trust. Administration is recommending the Board adopt Resolution Number2012-27 which authorizes COS and COSTA to conduct the next round of negotiationsin public.

    VII ADJOURNMENTIn compliance with the American Disabilities Act, if you need special assistance to participate inmeetings call (559) 730-3745 48-hours in advance of the meeting. For Deaf and Hard of Hearing- call videophone at (559) 302-9976 48-hours in advance of the scheduled meeting time to

    request interpreter services. All reasonable efforts will be made to accommodate those withdisabilities

    Any writings or documents that are public records and are provided to a majority of the governingboard regarding an open session item on this agenda will be made available for public inspectionin the District Office located at 915 S. Mooney Blvd., Visalia, CA 93277 during normal businesshours. In addition, such writings and documents may be posted on the Districts web site atwww.cos.edu.

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    COLLEGE OF THE SEQUOIAS COMMUNITY COLLEGE DISTRICT

    Board of Trustees MeetingOctober 15, 2012

    INFORMATION AND/OR ACTION 1Budget Solvency Plan

    Status: Action Scheduled

    Presented by: Douglas BrinkleyInterim Vice President, Administrative Services

    Issue:

    The State of California is responsible for funding the operations of community colleges.In 2008-09 the system provided funding for 9,042 full time equivalent students (FTES)attending College of the Sequoias (COS). This is the highest number of FTES the statehas funded for COS. The Districts 2012-13 Adopted Budget assumes that Proposition30 is not successful thus reducing 2012-13 funded FTES to 7661. This represents aloss in funded FTES of 1381 or about 15%. The District has taken several steps in itseffort to maintain a quality instructional and educational experience for its students.These include, but are not limited to, the use of one time funding sources, reducingclass offering, eliminating summer school, not replacing staff, and implementing a capon the Districts contribution toward employee medical benefits.

    It has become increasingly more critical to extend the budget and program planningbeyond a single or even two fiscal years to at least three fiscal years with someunderstanding of what might occur beyond those years. This District is presentinginformation and discussing a Multiyear Solvency Plan designed to bring the structuraldeficit between revenues and expenditures into balance, thus preserving the fiscal andinstructional integrity of the District into the future.

    Background

    The Districts 2012-13 Adopted Budget has a structural deficit of nearly $4.5 million basedupon the failure of Proposition 30. Should the Initiative pass the District would see $3.1million in additional revenue. It is important that the District be prepared to take actionsboth short and long term to bridge the $4.5 million funding gap. The District has developedthe basics of a plan to bridge the funding gap with some actions requiring immediateimplementation and others for implementation next year.

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    Recommended Action

    The Board is asked to review, discuss, provide additional direction or take action asnecessary to approve the Districts Solvency Plan as presented.

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    SequoiasCommunityCollege

    Multiyear

    Fiscal

    Solvency

    BoardofTrustees

    SpecialBoardMeeting

    October15,

    2012

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    UnrestrictedGeneralFun

    RevenueProjections

    EarnedFTES/BaseFTES 8509/7661 7891/7661 7891/

    MediumCollege>8509 201213 201314 2014

    3%OverBaseFTES=7891 Budget Projected Proje

    Revenue(UnrestrictedGeneralFund)

    StateAllocation 42,902,339 40,187,070 40,

    ChangestoAllocation (2,715,269)

    TotalStateAllocation 40,187,070 40,187,070 40,

    Misc. 2,929,070 2,929,070 2,

    MandateReim.@$28Funded 231,308 214,508

    TotalRevenue 43,347,448 43,330,648 43,33

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    UnrestrictedGeneralFund

    ExpenditureProjectionsNoAdjustmentto201213AdoptedBud

    IfNothing

    is

    Done

    to

    Cut

    District

    Expenditures

    in

    Response

    t

    201213 201314 2014

    TotalRevenue(Unrestricted) 43,347,448 43,330,648 43,330

    Expenditure(UnrestrictedGeneralFund)

    BudgetRolloverExpenditures 45,066,712 46,2

    AnnualOnGoingAdjustmentstoBudget 1,175,332 9

    BudgetSubtotal 45,066,712 46,242,044 47,1

    OnGoingGeneralFundExpensesFundedfromOneTimeSources

    Technology 922,607 957,711 9

    COPs 460,066 456,691 4

    OPEB 1,347,981 1,347,981 1,3

    TotalExpenditures(Unrestricted) 47,797,366 49,004,427 49,9

    YearlyDeficit (4,449,918) (5,673,779) (6,596

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    AnnualOnGoingBudgetAdjuUsedFor201213AdoptedBudgetandSampleF

    Unrestricted GeneralFund 201213 201314 2014

    AnnualOnGoingAdjustmentstoBudget

    Step/Col@$535,880 Included 535,880 53

    H&W(increaseswithout Cap) Included 259,020 27

    PERS/STRS Included ???

    Utilities(Tulare1314and5%increase) Included 280,431 8

    Insurance(Tulare1314and5%

    increase) Included 100,000 3

    TotalAnnualOnGoingAdjustmenttoBudget 1,175,311 922

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    WhatHappensIfWeDoNot

    OPEB VisaliaBond DistricOPEBTrust 4,784,486

    VisaliaBond 3,070,163

    FarmReserve 1,24

    RetireeHealth/Welfare 45

    OneTimeRevenue 99

    GeneralFundReserve 2,72

    TotalAvailableFunds 4,784,486 3,070,163 5,422

    BalancesBy

    Allowable

    Expenditures

    201213DeficitAllocation (1,347,981) (1,382,673) (1,719

    201314Est.BeginningBalance 3,436,505 1,687,490 3,702

    201314est.DeficitAllocation (1,347,981) (1,414,402) (2,911

    201415Est.BeginningBalance 2,088,524 273,088 791

    Minimum5%

    GeneralFund

    Reserve= 2,719

    Excessof5%

    GeneralFund

    Reserve= (1,928,

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    MultiyearFiscalSolvencyPresented

    October2012

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    FiscalSolvencyPlanAssump

    Revenue Revenuewillremainunchangedthrough201415

    201516isincludedforreferencepurposesonly Limitedinformationfromthestateorothersinregardstos

    educationsinfluenceuponstatefundingprioritybeyond20

    201415fiscaldataisincludedforplanningpurposesusing

    outlook

    as

    in

    2012

    13

    and

    2013

    14 Expenditure

    LineItemBudgetReductionsorChargeBackAppropritheUser

    InstructionalandNonInstructionalSupplies

    InstructionalandNonInstructionsEquipmentandEquipme

    StudentHelp

    Transportation

    Fuel

    Savings ContractServices

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    FiscalSolvencyPlanAssumptio

    Expenditure(Cont.)

    Expensestootherresources MAAFundstoBackfillGeneralFundEncroach

    PersonnelReductions Adjunct

    Faculty,

    Counseling

    Hourly,

    Other

    Hou

    Attrition/Retirement/Layoff(allemployeegro

    ReassignedTimeandSpecialAssignment

    DueProcessofNegotiations MedicalCapCSEA

    SalaryDecrease

    SuspendStepandColumn

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    AdjustedAnnualIncreasesto

    201213 201314 201415

    Budget Projected Projected

    AnnualOnGoingAdjustmentstoBudget

    Step/Col@$535,880 Included 0

    H&W Included 0

    PERS/STRS Included ??? ?

    Utilities(Tulareand5%

    increase) Included 280,431 84,4

    Insurance(Tulareand5%

    increase) Included 100,000 30,0

    NewStaffing(1grounds/1

    custodialposition) Included 120,000

    TotalAnnualOnGoing

    AdjustmenttoBudget 500,431 114,50

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    OnGoingBudgetReducti

    201213 201314 2014

    Budget Projected Proje

    OnGoingBudgetChanges

    LineItem

    Budget

    Cuts 362,000

    ExpensestoOtherResources 105,000

    PersonnelReductions 372,000 1,297,000

    DueProcessofNegotiations 655,000 1,750,000

    BenefitsCaps

    5%Salary

    Decrease

    OnGoingBudgetCuts 1,494,000 3,047,000

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    ThePlanAllTogether

    201213 201314 2014

    TotalRevenue 43,347,448 43,330,648 43,3

    Expenditure(UnrestrictedGeneralFund)

    GF1000thru7000 45,066,712 45,066,712 44,0

    OnGoingBudgetCuts (1,494,000) (3,0

    AnnualIncreasestoBudget 500,431 1

    Subtotal 45,066,712 44,073,143 41,1

    Technology 922,607 957,711 9

    COPs 460,066 456,691 4

    OPEB 1,347,981 1,347,981 1,3

    TotalExpenditures 47,797,366 46,835,526 43,9

    Deficit (4,449,918) (3,504,878) (57

    OnGoing

    Budget

    Cuts 1,494,000

    3,047,000

    OnetimeBudgetResources 2,955,918 457,878 5

    FiscalYearDeficit 0 0

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    OneTimeFundingResouUsedtoBalanceBudgets

    201213 201314 201415

    Budget Projected Projecte

    OneTimeBudgetResources

    OneTime201213Revenue 996,408 N/A N

    OPEBTrust 576,837 0

    VisaliaBond 1,382,673 457,878 572,3

    DistrictFundBalances 0 0

    OnetimeBudgetResources 2,955,918 457,878 572,3

    FiscalYearDeficit 0 0

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    AvailableOneTimeFundRes(201213AdoptedBudget)

    OPEB

    Visalia

    Bond Distri

    OPEBTrust 4,784,486

    VisaliaBond 3,070,163

    FarmReserve

    RetireeHealth/Welfare 45

    OneTimeRevenue 99

    GeneralFundReserve 2,72

    TotalAvailable

    Funds 4,784,486

    3,070,163

    4,180

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    WhatThePlanDoesToFundBFiscalSolvencyPlanFundAnal

    OPEB VisaliaBond Distric

    TotalAvailableFunds 4,784,486 3,070,163 4,180

    BalancesByAllowableExpenditures

    201213DeficitAllocation (576,837) (1,382,673) (996

    201314Est.BeginningBalance 4,207,649 1,687,490 3,183

    201314Est.DeficitAllocation 0 (457,878)

    201415Est.BeginningBalance 4,207,649 1,229,612 3,183

    201415Est.DeficitAllocation 0 (572,381)

    201516Est.BeginningBalance 4,207,649 657,231 3,183

    201516Est.DeficitAllocation (601,130) (657,231)

    201617Est.BeginningBalance 3,606,519 0 3,183

    Minimum5%

    GeneralFund

    Reserve= 2,719

    Excessof5%

    GeneralFund

    Reserve= 464

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    WhatThePlanDoesAsPres

    MaintainsthefiscalintegrityoftheDistrict

    AllowstheDistricttoserve3%moreFTESthanbeingfundStateofCalifornia

    Allowsfortheplanningandimplementationofinstructionserviceprogramsformultipleyears

    ReducessignificantlythestructuredeficitoftheDistrict

    Bringsemployee

    salary

    and

    benefit

    expenditures

    to

    83.4%

    projectedrevenue

    Reliesheavilyonthedueprocessofnegotiationsandattrition/retirement/layofftobringexpendituresinlinew

    DevelopsareasonablescenarioofthecontinuedStateaneconomicdownturn

    UtilizesonetimefundstoprotectDistrictprogramsando

    Reducesthe

    structural

    deficit

    to

    approximately

    $500,000

    i

    threeoftheplan

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    Questions

    CommentsDirections

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    005933.00007/10677010v2

    COLLEGE OF THE SEQUOIAS COMMUNITY COLLEGE DISTRICT

    Board of Trustees Special MeetingOctober 15, 2012

    NOTICE OF ACTION ACKNOWLEDGING RECEIPT OF THE 2DISTRICTS INITIAL PROPOSAL FOR A SUCCESSORCONTRACT WITH COSTA

    Status: Action Scheduled

    Presented by: John BratschDean, Human Resource Services & Legal Affairs

    IssueThe Master Agreement between the College of Sequoias Community College District (District) and theCollege of Sequoias Teachers Association (COSTA) expired on June 30, 2010. During the interveningtwo year period, the parties engaged in negotiations for a successor contract and exhausted the statutoryimpasse procedures, but never reached an agreement. The District proposes to initiate a new round ofbargaining with COSTA for a successor contract, independent of any post-impasse negotiations and/ormediation in relation to the advisory Factfinding Report that was issued on July 4, 2012. To that end, theDistrict is sunshining its initial proposal for a successor contract with COSTA effective for 2012-2013and 2013-2014. The District sent COSTA notice on September 28, 2012 that it would be presenting thisinitial successor contract proposal in order to give COSTA an opportunity to sunshine its own initialproposal for a successor contract.

    BackgroundConsistent with Government Code section 3547, the District requests that the Board acknowledge receipt

    of the Districts initial successor contract proposal as the first step in the process for collective bargaining.The Districts proposal will then be available for review by the general public in the Human ResourcesDepartment, 915 South Mooney Blvd., Visalia, CA 93277, until the next regular Board meeting ofNovember 12, 2012.

    ImplicationsAt the November 12, 2012 meeting of the Board of Trustees, a hearing will be held to provide members ofthe public with an opportunity to address the Board with comments and/or concerns regarding theDistricts initial successor contract proposal to COSTA. This same procedure will apply with COSTAsinitial proposal.

    Recommended ActionIt is recommended that the Board of Trustees acknowledge receipt of the Districts initial proposal for anew successor contract with COSTA and announce that the Districts proposal will be available for publicreview in the Human Resources Office.

    It is further recommended that the Board announce that it will conduct a public hearing regarding theDistricts initial successor contract proposal at its November 13, 2012 regular meeting.

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    COLLEGE OF THE SEQUOIAS COMMUNITY COLLEGE DISTRICTBoard of Trustees Meeting

    October 15, 2012

    ACTION 3RESOLUTIONNO.2012-27; AUTHORIZINGCOSANDCOSTATOCONDUCTTHENEXTROUNDOFNEGOTIATIONSINPUBLIC (Roll Call Vote)

    Status: ACTION

    Presented by: Stan CarrizosaSuperintendent/President

    Issue

    After careful consideration of the current fiscal crisis and potential for this to causeheightened sensitivity and difficulty in the collective bargaining process, we areproposing this resolution for Board consideration. Historically the contents of employeecontract negotiations have been identified as confidential and not made available to thepublic. College of the Sequoias has been working hard over the summer months toclarify and publicize the status of our budget deficit and potential for insolvency. Thecollege is a valued asset and revered institution throughout our entire district and

    region. We believe it is important to be as transparent as possible with all the criticaldecisions that impact the colleges fiscal status. Over ninety-two (92%) percent of ourgeneral fund ongoing revenue is invested in personnel costs including employeesalaries and benefits. The majority of this expense is governed by the terms andconditions of the Master Agreements (union contracts) by and between College of theSequoias and our certificated and classified employees groups. The public often feelsuncertain about the state of contract negotiations due in large part to the confidentialnature of the process. It is allowable by law for the process of collective bargaining to beconducted in open public session if mutually agreeable by both negotiating parties. Thisresolution does not allow the public to participate in the negotiations, rather it would beto conduct contract negotiations in public. The district believes the benefits of such

    openness and transparency will demonstrate public accountability for our actions andbuild public trust.

    Recommended Action

    Administration is recommending the Board adopt Resolution Number 2012-27.

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