1/28 BoT MetngPost 6

Meeting reconvenes. Birt calls for a motion to approve the retirement package.


Motion passes.


Attorney Florey reads the document “Reason for Consideration” Document read into the public record. The document gives background on the retirement consideration. Fourth Addendum accepts early retirement and the lump sum severance package.

Florey reads all the details of the Fourth Addendum.

Now the item is opened for discussion.

Trustee Savage. Two comments: First his contract is a legacy left by Trustees that are no longer on the Board. A very rich contract. There were automatic renewals build into this contract. There are other contact elements such as a majority needed to terminate and a 45 day clause in case of behavior.  May 7th 2013 the BoT already voted to name the building after him. I was against it then but that ship sailed in 2013.  In a better world there would not be severance payments but there are, and that is the contract stipulation. We have to pay out the contract. I am listening to public comments that say we should end this today are sort of disingenuous. We were not involved in writing this contract but we have to honor it. But we have to honor the contract and find the best way to move forward.

Birt asks for other comments from BoT meetings.


Chair Birt says that Attorney Florey will address the issue of secrecy that has been brought up tonight.

Florey: Open Meetings Act has exceptions. Common exception is personnel reason. That reasoning is sound. It allows Boards to negotiate personnel matters they could not successfully negotiate without this.  The same is true in collective bargaining. Also real estate and othe business contracts all have these things that are negotiated in closed sessions to protect the bargaining process.

Trustee Svoboda — If I didn’t care about COD I wouldn’t be sitting in my car for the last 2 1/2 hours to be in this meeting. MY actions are taken seriously for the interest of the college.

Birt says “I echo TRustee Svoboda’s comments. Everybody at this table works very hard at this. We tried to quantify his salary and his benefits — 1 and 1/2 times what we would be contractually obligated to do. We are taking into consideration this valid contract and debated this in closed session. We took this very seriously.”

Trustee Hamilton –I want to address my fellow Trustees. Actions define our character. What we are about to do….I ask that every voter in this District watch this vote very very carefully.

Secretary O Donnel calls the roll call vote. Voting on the motion to approve the 4th Addendum to the contract as described by Attorney Florey.

Chair Birt — any other Board members have any other comments or questions.

Student Trustee yes, all Trustees except Hamilton vote yes.

Loud boos and calls from the audience.


Now time for public comments:

Mark Mazieski — talks bout how in law school they are taught to review contracts thoroughly, in context, not in isolation. To do that violates the process of  contract review. That’s what you have done today. You presented the Fourth Addendum. You did not provide this audience with a copy of the First, Second of Third Addendum. So how can we provide you with meaningful comments when most of the documents are missing from the public record.  Where is section H on indemnification mentioned here?  This is a numbered document not a lettered one, so where is it?

Susan Duboff