KLAMATH COMMUNITY COLLEGE BOARD OF EDUCATION
7390 South Sixth Street - Klamath Falls, OR 97603
Special Meeting - August 6, 2007 at 7:00 p.m.
MINUTES
CALL TO ORDER
The August 6, 2007 Special Meeting of the Klamath Community College Board of Education was called to order by
Board Chair, Don McCasland, at 11:40 a.m. in the Klamath Community College Board Room. This was followed by the
Pledge of Allegiance.
Roll Call
Members present: Jim Mieloszyk, Glen Keown, Don McCasland, Dr. Carol Castle, Steve Tippin
A quorum was confirmed.
Members absent: Andrew Frei
Karren Andrews served as Board Secretary in Dawn McLing’s absence.
Guests: Dean Renée Ferguson; Dean James Davies; Mel Ferguson, Legal Counsel; Sam Barker; Mary Beard
Public Participation
Mary Beard, Director of Student Services, was present during this meeting and requested a moment to speak to the
Board. Her comments surrounded her belief that Klamath Community College is on the verge of greatness and that
everyone associated with the College was very committed to its success.
Declaration of Vacancy for Board Position Representing Zone 5
As a result of the resignation letter received from Dr. Carol Dougan, and her subsequent appointment to Acting
President, the Board hereby declares that the Klamath Community College Board of Education position for Zone 5 is
vacant.
{Note, a copy of the Resignation Letter from Carol Dougan is attached to these Minutes}
Motion: To declare the Zone 5 position of the Klamath Community College District vacant.
Motion by: Steve Tippin
Second by: Jim Mieloszyk
Discussion: None
Action: Unanimous approval
Consideration of Amendment to Board Policy 100.0250 (Roll Call Vote Required)
The Board held discussion with regard to amendments for Board Policy No. 100.0250 referenced below. Specifically,
paragraph number 3. Mel Ferguson stated that if the Board has any question with regard to his letter (a copy of which
is not on file at the College) he offered to walk the members through it. Steve Tippin asked if this particular clause was
being suspended or would the change be permanent. Mr. Ferguson explained that it would be a permanent
modification to the Policy.
Conflict of Interest 100.0250
Taking a seat on the District Board by an employee of the District shall automatically serve to
terminate that individual’s employment with the District.
No member of the Board shall receive funds from the District for any reason other than
reimbursement for valid expenses incurred on behalf of the District.
Separation from the Board will prohibit employment by the College for 1 year from the date of
separation.
In the event of an actual conflict of interest involving any member of the Board, such member shall
announce publicly the nature of the conflict and recuse himself/herself from discussion and voting on
the matter. ‘Actual conflict of interest’ means any action or any decision or recommendation by a
person acting in a capacity as a public official, the effect of which would be to the private pecuniary
benefit or detriment of the person or the person’s relative or any business with which the person or a
relative (defined as one generation above or one generation below) of the person is associated,
unless the pecuniary benefit or detriment arises out of a potential conflict of interest.
In the event of a potential conflict of interest involving any member of the Board, such member shall
announce publicly the nature of the potential conflict. This shall be made by the member during the
meeting at which any official action related to such conflict of interest shall be proposed or taken and
prior to participating in any related discussion or official action thereon, whether by vote or by
abstention.
A “potential conflict of interest” means any transaction where a person acting in a capacity as a public official takes any action or makes any decision or recommendation, the effect of which would
be to the private pecuniary benefit or detriment of the person or the person’s relative (described as
one generation above or one generation below), or a business with which the person or person’s
relative is associated. There is not a “potential conflict of interest” where the transaction would
effect to the same degree a class of persons consisting of all inhabitants of a state, or a smaller class
of persons consisting of an entire industry, occupation, or group with which the Board member is
associated, or in which the member is engaged.
The Board member need not announce a potential conflict of interest more than once during the
meeting. When a Board member announces a potential conflict of interest, it shall be recorded in the
minutes of the Board. Notice of the potential conflict and how it was disposed of may, at the request
of a majority of the Board or upon request of the member giving notice of the potential conflict, be
provided to the Oregon Government Ethics Commission.
Chair McCasland suggested that the Policy be changed only for this instance rather than on a permanent basis. Mr.
Ferguson explained that there is nothing in the Board Policies that would prevent a suspension of a policy. There is a
State Statute that indicates that the Board can govern itself and develop its own rules. Mr. Ferguson’s perception from
that is that yes, the Board can change its Policy on a one-time basis. However, the Board is deleting the Policy for this
particular situation.
Mr. Ferguson pointed out that the issue at hand is that the Board is then setting a precedent and the question would
then be to distinguish the next occurrence. Dr. Castle suggested that it would be best to eliminate the clause so that a
precedent is not established.
Jim Mieloszyk asked if it would be appropriate to suspend it immediately with the intention to remove the clause
permanently with the proper review of the Board members so that there is no waiting period? Mr. Ferguson
commented that the Board could certainly do that. Given this particular circumstance, good arguments can be made
that this situation is in fact an “emergency”; therefore, the Board can modify this particular Policy now under Policy
100.0400 (below). There remains the need to review any changes to the Policy at a minimum of two separate
meetings before a final action is taken unless the Board establishes an emergency as referenced under 100.0400 B.
Policies 100.0400
A. The policies adopted by the Board for the District have been written to be consistent with the
provisions of law, but do not encompass all laws relating to the District’s activities. All
District employees will be expected to know and will be held responsible for observing all
provisions of law pertinent to their activities as District employees.
B. Additions, changes, and/or deletions of policies governing the District shall be considered by
the Board at a minimum of two separate meetings before final action is taken.
C. Notwithstanding “B” above, and in the event of emergency situations, any Board policy or
procedure needing immediate action may be enacted by a majority vote of the entire Board.
During a conference call with the Board, a roll call vote will be required with the results to be
made public as part of the next regular meeting of the Board. Notice of the meeting (i.e.,
conference call) will be provided to the public pursuant to ORS 192.640 and will include the
location where the conference call may be attended.
D. The President will furnish a copy of the policies and a copy of any amendment thereof to each
employee and to any interested person. In lieu of the distribution of the complete manual, the
President may prepare a special edition for any specific group of employees; provided,
however, that a copy of the complete policies and procedures is made readily accessible to all
employees and to members of the public. Copies of the Board policies and procedures will be
on file in the office of the President of the District.
Motion: That the Board suspend Policy 100.0250, Conflict of Interest, Paragraph Number 3, for this particular instance
and consider the Policy in a permanent position to be considered at a later time.
Motion by: Jim Mieloszyk
Second by: Steve Tippin
Discussion: None
Roll Call Vote Results:
Jim Mieloszyk - Aye
Glen Keown - Aye
Don McCasland - Aye
Carol Castle - Aye
Steve Tippin - Aye
Motion passes as a result of unanimous vote.
Consideration of Appointment of Carol Dougan, Ph.D. as Acting President
Motion: That the Board appoint Carol P. Dougan, Ph.D. as Acting President effective August 6, 2007 with the
compensation package being discussed during the August 28, 2007 Board meeting; therefore, the contract will be
retro-active to the August 6th date.
Motion by: Jim Mieloszyk
Second by: Glen Keown
Discussion: Dr. Castle asked about duration for the Acting President, until an Interim is appointed? This was included
as part of the August 1, 2007 Special Board meeting. The Search Committee will provide a report during the August
28, 2007 Regular Board meeting; however, as clarification, the appointment will be until an Interim is selected. Mel
Ferguson stated that along with an Acting President, the Board may want to determine a salary package that would go
into effect once the Acting is designated. The Board should also take into consideration Dr. Dougan’s prior
commitments for August and September of 2007. This will be made a part of the August 28, 2007 Regular Board
meeting.
Action: Unanimous approval
Adjournment
The Special Meeting of the Board of Education was adjourned at 12:03 p.m.
Respectfully submitted,
Dawn G. McLing
Board Secretary
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