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MCCCD GOVERNING BOARD MEETING —MARCH 25, 2014

Speaker 1: Sprinted the newspaper and online newsletters. The taxpayers are watching the

TV reports and reading the articles. You will have to answer to them at election

time. Be transparent. Tale action. Don't weigh in until it's too late. Thank you

very much.

Speaker 2: Thank you very much. Next up is Steven Montoya.... Mr. Montoya, same thing,

if you've got something that you would like to have in the record.

Steven: Yes, President. I'm here as a concerned citizen. I have been advocating, uh, the

rights of educators, uh, for at least two decades in this community. And I'm here

to alert the board to what I believe is a severe delusion of the board's authority,

the board's exclusive authority, to terminate its employees. As the board is

aware, only the board pursuant to the RFP, can terminate an employee. Uh,

what is, what is happening, perhaps in some ways unbeknownst to the board

the administration, after it commences termination proceedings unsuccessfully,

is unilaterally transforming the termination proceedings into a suspension. And

the suspension is a de facto termination because the suspension is of such a

length that from a, economic perspective, it is the de facto substantive

equivalent of a termination. And that is, uh, in violation of the RFP. That, that

deludes this board's authority to discipline [00:02:00] and terminate its

employees. And it needs to be stopped.

Uh, so I urge the board to consider, uh, matters that are before the board and

to asl<your council and to asl<you administration if it in fact is transforming

termination proceedings into unilateral suspensions that are not subject to this

board's review. That in fact, subvert, and undermines, and severely deludes this

board's authority to manage its employees through the termination

proceedings, uh, set forth by the RFP. Thank you.

Speaker 4: Mr. Chair. Mr. Montoya.

Steven: Yes.

Speaker 4: Are you an attorney.

Steven: I am an attorney, yes. But I am here as a citizen, not as an attorney.

Speaker 4: What is your, um, sp-, specific law, um, sp-, specialty?

Steven: Uh, I would say it is federal civil rights litigation.

Speaker 4: Okay. Thank you.

Steven: You're welcome. Any other questions.

NICCCD/Martine-r. 00730

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Speaker 2: Thank you very much.

Steven: You're welcome.

Speaker 2: Dr. Martinez is next.... Same thing, Dr. Martinez. Tale three minutes. And if you

have something that you'd like to put in the record, bring it up here.

Dr. Martinez: I will. Thank you. President Czar, members of the board, Dr. Clasper, members

of the CEC, and distinguished guests, my name is Dr. Cleopatria Martinez. I'm a

mathematics instructor at Phoenix College. I have been employed as the

mathematics professor by the Maricopa Community College District for twentynineyears. Ihave always loved my job as a teacher. During my three decades of

hard word for the [00:04:00] district, I have never been disciplined and have

never, otherwise, been in any trouble. As you are aware, the president of

Phoenix College recently attempted to terminate me, but a hearing committee

unanimously rejected the recommends-, recommended termination. Although

the chancellor ultimately accepted the hearing committee's recommending not

to terminate me, the chancellor is now attempting to suspend me for fourteen

and a half months.

want to keep my job. And for that reason, I have followed orders from the

administration, which have great grossly violated my academic freedom and has

affected my ability to perform my job. Writing course materials for students is

one of the duties of MCCD faculty and because these materials are faculty

generated, Phoenix College is obligated to absorb the cost to male copies for

students. In Spring 2014, my colleagues ... I selected my colleagues' unpublished

materials in lieu of a published textbook. The material had been approved by

the mathematics department for this purpose and it had been used for several

semesters. The PC administration refused to male copies of this unpublished

material and I was told to have the students make their own copies at their own

expense.

The administration proceeded to dismiss me. I appealed the dismissal,

presented my case to an appeals committee. This faculty hearing committee

found that PC had failed to carry its burden of proof. They found no violation of

the cash handling policy, but the chancellor still has suspended me for fourteen

and a half months because [00:06:00 I would not pay for the students' course

materials. No faculty is responsible for purchasing instructional materials for

students. And I believe that I should not have to either. It is for this one time

effort on my part to help students that I am being suspended without pay for an

unacceptably long length of time. And I have not broken any policies.

Lil<e most working people, I cannot economically survive on fourteen months

suspension of pay. The chancellor's suspension may also cause me to lose my

health insurance because I may not be able to afford to pay my contribution

towards continued health coverage. Under the circumstances, the chancellor's

fourteen month suspension of me is the functional equivalent of termination

from the district. As you are aware, under the RFP, only this court has the

MCCCD/Martinez 00731

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authority to terminate an employee. While I was never found guilty of violating

MCCD regulations or policies, I am unfairly being punished. I am not guilty of

violating any MCCD policy or regulation including cash handling. 1 was not

afforded due process. Accordingly, I ask the board to intervene in my case to

resend the ch-, chancellor's suspension. And at the very minimum, allow me to

present proof of what I have stated here. Thanl<you very much.

Speaker 2: Thank you. Next we have, uh, Mr. Lucas Bodine, and a number of other fine

Mesa students. Mr. Morgan, you can go first.

Spencer: I am not Lucas Bodine. My name is Spencer Morgan. I am the previous president

of the associate students of Mesa Community- [00:08:00]

3

MCCCD/Martinez 00732

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To: Vice Chancellor for Human Resources Lacoya Shelton-Johnson

~ Chancellor Rufus Giasper

~— Governing Board Member Doyle Burke

n,Governing Board Member Alfredo Gutierrez

i Governing Board Member Randolph Elias Lumm

~' Governing Board Member Debra Pearson

Governing Board Member Dana F. Saar

From: Cleopatria Martinez

Date: August 13, 2014

Subject: Grievance

This email will serve as my formal grievance for a misapplication, misinterpretation, or violation of a specific

provisions) of the Residential Faculty Policies that adversely affecfis me. RFP sections 3.11(Suspension of a

Faculty Member), 3.2.4 (financial interest from a sale) or (sale of unpublished instructional mafieria!), 3.13

(Faculty Member Dismissal), 6.1 (Grievance Procedure: 6.1.1.1 informal Leve{; 6.1.2.5 Level 5 Governing

Boardj, have been misapplied, misinterpreted, or violated as welt as MCCCD AR 1.12 (Sale of Products or

Services}, AR 1.12.2 (Autharization~ AR 1.12.3 (Fees), and AR 1.17 (cash handling), AR 3.2.5 (copyright

infringement). I seek review of this matter.

Timeline

was hired as a mathematics instructor at MCCCD in 1985, 29 years ago. In August 2013 Chancellor Clasper

sent me a letter of intent to dismiss me from my employment. I appealed and prevailed an December 9, 2013,

when the Termination Hearing Committee recommended I not be terminated. MCCCD changed direction and

then sent me a letter explaining I was going to be suspended without pay. i was put on suspension without

pay on March 1, 2014, but was notified on March 7. This was later changed to April 14, 2014. On May 1, 2014,

I filed for unemployment benefits with DES. I was initially denied. t appealed and got a favorable result as

explained below. In July 2014 I tried to file an internal grievance by establishing an appoinfiment with my

supervisor, VPAA Kakar, to provide the oral delivery of the grievance as per the grievance procedure (RFP

6.1.1.1] but VPAA Kakar's secretary fiold me I could not to talk with VPAA Kakar, instead she referred me to

District Human Resources Senior Manager, Judy Castellanos. Ms. Castellanos said I could not file the grievance

until next year after my suspension ended in August 2015.

Information and Belief

After the Termination Hearing CommittEe submitted their recommendation to the Chancellor, the Chancellor

failed fio follow procedure outlined in RFP 3.13.8 "...forward the recommendation along with the summary of

the evidence, a copy of the findings of fact, conclusions of law, and final recommendations ofthe Hearing

Committee to the Governing Board." The Governing Board did N07 receive this information, The Chancellor

instead of terminating me employed RFP 3.11 (Suspension of a Faculty Member} which action does not involve

the Governing Board nor are there any guidelines for implementation. On March 7, 2014, I was notified that

was suspended without pay as of March 1, 2014. This was later changed to April 14, 2014. I am still on

suspension without pay or benefits. I filed fvr unemployment benefits and was initia{ly denied. I appealed the

denial and the DES Administrative law Judge found in my favor.

Applicable Board Policy

6.1 Grievance Procedure 6.1.1 "...the grievant shall present the grievance orallyto his/her immediate

supervisor, citing the specific section of the RFP which has allegedly been misapplied, misinterpreted, or

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violated. The purpose of bringing the matter to the attention of the immediate supervisor is to resolve the

matter at the lowest level..."

3.13 Faculty Member Dismissal 3.13.8

3.11 Suspension of a Faculty Member There was no sale. (See page 2 of the Decision of Appeal Tribunal.)

Argument

The Chancellor had no option but to forward the Hearing Committee's "recommendation along with the

summary of the evidence, a copy of the findings of fact, conclusions of law, and final recommendations of the

Hearing Committee to the Governing Board."

The Governing Board should have reviewed the termination documents but they did not receive this

information.

i have spent a lot of money hiring an attorney to assist me with my termination defense.

When the Chancellor could not terminate m~, he suspended me without pay for such a long time that it is

tantamount to termination.

The Chancellor's grounds for suspension are not supported by facts as stated on pages 2 and 6 of the Qecision

of Appeal Tribunal.

The DES Administrative Law Judge found pursuant to their regulations that "a suspension beyond 16 or more

of the employer's workdays is a suspension for an unreasonable period of time. The suspension amounted to

a constructive discharge. The Administrative Law Judge concluded the following:

"The claimant photocopied documents far her students and asked that the students compensate her for

the copies. The students had the opportunity to copy the documents on their own but asked the claimant to do

the copying for them. The claimant did not sell the documents or otherwise make a profit."

"The claimant was suspended for insubordination. The claimant was ordered to return money for

photocopies to her students and did not do so. The basis for insubordination is whether or not the instruction

to return the money was reasonable. The employer's own fact finding did not find evidence to show that the

claimanf violated the cash-handling policy. The claimant would also bear the burden of the cost of the

.photocopies. Because the employer did not find a violation of the cash-handling policies, the order/instruction

to return the money to the students was not reasonable. The claimant was not insubordinate for refusing.

Therefore, 1 conclude that the claimant was discharged, but not for wilful or negligent misconduct

connected with the employment."

The decision of the Administrative Law Judge is consistent with the decision of the Termination Hearing

Committee. The Committee "recommended that the Governing Board deny Phoenix College President Anna

Solley's request to terminate Dr. Martinez from her MCCCD employmenfi." They further recommended that

"Chancellor Gtasper place the Hearing Committee's Findings of Fact, Conclusions of Law, and

Recommendation, the entire record, exhibits and hearing transcript in a secure room for the Governing Board's

a»d .his review."

am submitting this grievance because it is my right to grieve "an alleged misapplication, misinfierpretation, or

violation of a specific provisions) of the Residential Faculty Policies that adversely affects" me.

Respectfully,

Cleopatria Martinez, PhD

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October 28, 2014

` Governing Board Member, Dana F. Saar \:~

i`~" Governing Board Member Doyle Burke

`~ Governing Board Member Alfredo Gutierrez

Governing Board Member Randolph Elias. Lumm

Governing Board Member Debra Pearson

Dear Governing Board Members,

On August 13, 2014 I emailed you a grievance. As of today i have heard nothing in response. According

to the RFP, grievances at your level need to be responded to within 30 days of receipt. f request that

the matter of my suspension be an Executive Session item at the next meeting of the Governing Board.

The reason I am pursuing this matter is that it is the most recent example of the conduct that I have

been experiencing since 2009.

in August 2013, the Phoenix College administration attempted to terminate me far copyright violation,

cash-handling violation, and insubordination. I appealed. pursuant to the Residential Faculty Policies

(RFP). In December 2013, the MCCCD internal Termination Hearing Committee found that MCCCD had

not met its burden of proof with respect to copyright violation and cash-handling violation and

recommended that I not be terminated. The Chancellor then suspended mein March 2013 without pay

far aver 14 months for my alleged insubordination.

In May 2014 I applied for unemployment compensation. MCCCD advised the Department of Economic

Security (DES} that I should be denied unemployment compensation benefits because I had walked off

the job in anticipation of termination and because I had been suspended for gross misconduct. initially

the DES denied my claim but on appeal, the DES Administrative Law Judge decided in my favor. Among

other things the Administrative law Judge wrote in his decision that

(1) I "did not sell the documents ar otherwise make a profit " (2) the prder to return the money to the

students was not reasonable, (3) that I was discharged not suspended as contended by MCCCD, and

(4) I was not discharged "for willful or negligent misconduct."

Consequently, MCCCD's claims of copyright violation, lash-handling violation, and insubordination have

not been substantiated by either independent reviewing authority (i.e., MCCCD's own internal

Termination Hearing Committee or the DES Administrative Law Judge).

In order to right this wrong, in July 2014 I attempted to follow the grievance process which requires that

first present the grievance to the Vice President of Academic Affairs {VPAA). The VPAA secretary

advised that I could only speak to Human Resources (HR) about the grievance. HR told me I could not

file while I was suspended although I could file the grievance upon my return in August 2015, some 12

months away. On August 13, 2014, I submitted my grievance to the Vice Chancellor for Numan

Resources, the Chancellor, and the Governing Board members. No one has responded.

There are no substantiated claims against me but l remain suspended without pay. My grievance has

not been addressed. The Governing Board is the Tina(decision maker in the District. I respectfully

request that the Board immediately make me whale by reinstating me to my former position with back

pay to the day I was suspended, reimbursing me for attorney fees and costs, and pay me the dollar value

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of any and ail other benefits t lost as a result of this prejudicial, damaging "suspension." Finally,

request that the Chancellor's dictafiorial authority to suspend employees without cause, without pay,

and without due process far any length of time be eradicated and a policy be written to include

guidelines, process, checks and balances. Paying lawyers to continue pursuing an administrative abuse

of power is not what MCCCD should represent. This type of irresponsible fiduciary behavior must be

eliminated.

Respectfully,

Cleopatria Martinez, PhD ~~

Professor of Mathematics

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l`~

~1

HAND-DELIVERED 1-27-15

To: Governing Board President Tracy N. Livingston

Governing Board Secretary Johanna Haver

Governing Board Member Doyle Burke

_,~, Governing Board Member Alfredo Gutierrez

Governing Board Member John B. Heep

Governing Board Member Jean McGrath

Governing Board Member Dana F. Saar

Maricopa County Community College District (MCCCD)

2411 W. 14th Street

}x Tempe, Arizona 85281-6941

,~

4b`7 From: CLEOPATRIA MARTINEZ, PhD

7030 NORTH 2157 STREET

1 PHOENIX, ARIZONA 85020

_'~' _~ Re: Notice of Claim/Appeal of Grievances

Dear Board Members:

The following is my Notice of Claim against MCCCD and/or appeal of grievances to the Governing Board.

OVERVIEW

Since the Fall of 2009 and Spring of 2010, the MCCGD administration has engaged in an intense campaign of harassment,

intimidation, and retaliation against me culminating in my unprecedented suspension for 15 months without pay and benefits. The

goal of the MCCCD campaign, however, was not to suspend me but to terminate my employment after nearly 30 years of faithful

and excellent service as a mathematics professor first at Scottsdale Community College and then at Phoenix College, Why MCCCD

sought my termination remains as mysterious to me today as it was five years ago. Perhaps ft occurred because of my longstanding

and continuous involvement in Hispanic issues at MCCCD.

When I was informed by the Chancellor that he intended to recommend to the governing Board that I be terminated, I appealed

pursuant to RFP 3.15.3 (effective July 1, 2012). As more fully detailed. below, my appeal was heard by a three member Termination

Hearing Committee which recommended that i not be discharged. Rather than to continue with the termination process at this

point, the Chancellor then dec(ded to suspend me for 15 months without any pay and benefits for essentially the same reasons that

had been rejected by the Termination Wearing Committee. in awarding me unemployment benefits, the Ariaana Department of

Economic Secur(ty (DES) Administrative Law Judge who heard my appeal for unemployment benefits said that a suspension for 15

months without pay and benefits is tantamount to a discharge because of its unreasonable length and terms. More detallsabout

the DE5 proceeding are presented later.

The reason. why the Chancellor decided to "suspend" me is obvious. ey renaming my termination a "suspension" the Chancellor has

effectively denied me the right to meet in either executive session or at a public rrieeting with the Governing Board afforded by

Residential Faculty Policies (RFP 3.13.9 Faculty Mernber Dismissal). I would have selected a public meeting with the Board.

RFP 3.13.9 reads as follows:

The Govern/ng Board wiI! meet with the faculty member and/or hts/her representative and a representative of the

administration to hear arguments regardtnq the Chanceliar's and the Hearing Committee's recommendation regarding

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dismissal. This meeting wil! be !n executive session unless the faculty member chooses to have this meeting in public. The

parties shat! have no less than one-half hour to present their respective coses. The length of the meeting shall not exceed one

hour.

have tried to keep the Governing Board apprised of my situation by various methods, including filing two grievances—one in 2010

and the other in 2014. However, as far as I know, the Governing Board has never formally or informally considered either of them.

This means that the Governing Board itself is in violation of its own Policy since RFP 6, Conflict Resolution, requires that Issues of this

nature go before the Governing Board unless the matter is resolved beforehand.

The use of the Conflict Resolution process was the only method readily available to me and affordable after spending thousands of

dollars on an attorney in representing me on various matters. These included representing me during the termination hearing

process and to appeal the Chancellor's decision to suspend me for 15 months without any pay and benefits rather than to discharge

me outright as he originally sought to do. As discussed above, by suspending me for 1S months, the Chancellor constructively

discharged me (i.e., a suspension of unreasonable length} without giving me the opportunity to meet with you to defend myself in

Executive Session or a Public Board Meeting as required by RFP 3.13.9.

Since April 15, 2014, I have not been paid nor have i received any benefits whatsoever from MCCCD. Before my suspension, my

annual gross pay and benefits approximated $130,000.00. Replacement health insurance alone costs me over $700 dollars monthly

which I pay from my rapidly diminishing savings which also funds my other living expenses.

i remain hopeful that the Governing Board will still consider my 2g14 grievance regarding my "suspension" even belatedly sa,

Termination Hearing Committee Nixed My Termination

The Term nation Hearing Committee recommended that I not be terminated. Pursuant to RFP 3.13.7 the Termination Hear(ng

Committee could only recommend one of two choices: 1) recommend termination and 2) not recommend termination, As related

above, the Termination Hearing Committee recommended that I not be terminated.

Since before classes started in spring of 2010, i have been continuausfy accused of violating copyright laws and MCCCD Policy. At no

time was I given the opportunity to defend myself against these ludicrous accusations until my termination hearing in February

2014. The Termination Nearing Committee concluded that MCCCD had fai►ed to establish that i had violated any copyright law or

MCCCD policy or that I violated MCCCD Cash Handling Policy. The committee recommended that I not be terminated. So for nearly

five years I have suffered abuse based nn allegations that MCCCD could not prove.

In April 2010 the PC President told me I could print nothing for my classes without the permission of my department chair. In

December 2010 the PC President gave me a directive which eliminated all my academic freedom because it required that t not use

any of my own creativity in teaching. To my knowledge, no other professor at PC has ever been treated so cavalierly. Indeed, to my

knowledge, no professor in the history of the bistrict has been treated so brusquely.

In August 2013 the Phoenix College President told me I was to be terminated due to alleged copyright violations, acash-.handling

violation, and insubordination. I appealed. The Termination Hearing Committee found that MCCCD had not carried its burden of

proof and recommended that I not be fierminated. While the Chancellor did not "terminate" me, he suspended me from March

2014 until August 2015 without pay or benefits, the length and severity of which is unprecedented at the District.

DES Administrative Law Jude Not Fooled

applied for unemployment benefits an May 1, 2014. On appeal of the initial denial of benefits, the DES Administrative Law Judge

(ALJ) reversed the. denial and found in my favor. He affirmed ail the findings of my termination committee except that of

insubordination. Me pointed out that I could not have been insubordinate for the reasons MCCGD asserted if I hadn't violated either

copyright law or the cash handling policy. He dismissed MCCCD's contenfiion at the QES Hearing that I had not been terminated but

suspended. The ALJ stated, "If the suspension is for an unreasonable. period of time...the suspension terminptes the employeremployee relationship and the worker /s discharged on the dote the worker was suspended and for the reason the worker was

suspended." Furthermore, he held that "a suspension of 16 or more of the employer's workdays is a suspension }or an unreasonable

period of time." See attached copy of ALJ Decision.

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Annotated lime line by Semester

Fall 2009

Throughout the semester the Fhoenix College administration began what became five years of harassment including false and

intimidating accusations and severe violations of my academic freedom.

For example, I was accused of keeping 3 computers in my office. Actually IT had not gotten around to removing 2 of those computers

which they eventually did. I was accused of having LimeWire on my computer, I told the PC administration I did not know what

LimeWire was, and T certainly did not install it on my computer. I was told supervision of my FWS (federal work/study student

workers} was unsuitable because they sometimes worked white I was in class. However, this was the practice of all other employees

with their FWS. I was accused of giving my password to my FWS. X assured the PC administration only I knew my password. But the

PC administration insisted I change it, so I did. The administration lied by saying that (requested a set-aside for Hispanic students

from the Federal Title V Grant PC had received. The truth. is I requested that PC consider the needs of Hispanic students since Title V

money goes only to Hispanic Serving Institutions. I know set-asides are illegal. I was accused of placing sensitive papers in my office

trash receptacle. I told the PC administration I did not know they were in my trash and had no knowledge of how they got there.

As a result of these false accusations, the PC adrr~inistration took disciplinary action: I was i~o longer allowed to have student workers,

I could not serve on comrr~ittees, etc.,. and President Solley notified me I could be terminated.

Spring 2010

During the previous se►nester, for teaching "College Algebra &Trigonometry" I used both the assigned textbook and my lecture notes

which included problems directly from the assigned textbook. All faculty use problems from the assigned textbook as this falls

squarely within the scope of the Fair use doctrine of copyright law. In Spring 2010 I taught a similar course (Trigonometry) using the

assigned textbook and some of the lecture notes I had used during Fall 2010. My lecture notes are my lesson plans.

In January 2010 I was accused of violating copyright laws and policies during the Fall 2009 and Spring 2010. I later deduced that the

accusation carne from my inclusion of problems fronn the textbook in my lecture notes. I asked what I could do to remedy the

perceived problem and the administration sternly accused me of trying to circumvent the copyright issue. Nevertheless, by April

2010, I had replaced all math problems in my lecture notes which I had borrowed from the textbook with math problems that

I had made up. Ia other words, by this. date the risk about which the District was complaining had been completely elinninated

because the alleged offend{ng math problems had been deleted. Moreover, the Termination Hearing Committee found that I

had not used any of these lecture notes since the spring of 2010 when Phoenix College first raised its concerns. See Finding #24

and related findings in the Termination Hearing Committee's Finding of Fact, Conclusions of Law, and Recommendation.

In May 2010, I filed an internal grievance alleging Mr. Sueyoshi, chair of the math department, violated my academic freedom.

(Exhibit ?) Also, Mr. Sueyoshi failed to respond to the grievance within the RFP established timeline. President Solley imposed the

restriction that Mr. Sueyoshi would monitor my copy requests. I did not sieve President Solley's resfiriction. However, both the Vice

Chancellor for Human R.esourees and the Chancellor responded to my grievance as though i had grieved President Solley's rest~•ietian.

Mr. Sueyoshi denied copy requests and his reasons were untruthful, irrational, inconsistent, and not based on copyright law thus

violating my academic freedom. It was Mr. Sueyoshi's punitive restrictions which were the subject of my grievance. Per the RFP 6

grievance process, I requested an audience with the Governing Board to defend myself. The Governing Board has never responded as

required by RFP 6.1,2.5, I was told by a Board. Member that the Board was never advised of my request.

Fall 2010

Not only was I prohibited by the Phoenix College administration from using any of my lecture notes for any purpose, but I also was

banned from using in class any outline or lesson plan. I prepared. I was forced to teach from memory—without the use of any notes to

guide my lectures. This was a severe infringement of my academic freedom and made teaching very difficult since I had to teach each

class without the use of lesson plans to guide the lecture.

For teaching Arithmetic during Spring 2010, I used my own deparhr►ent-approved instructional materials instead of a published

textbook. In Fa112410, I planned to again use the same inshuctional materials. Several weeks into the semester the PC administration

prohibited me from using these instructional materials even though 1 had gone through the approval process and the department had

sanctioned the use of the materials. In December 2010, President Solley gave me a directive which. prohibited me from using anything

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T wirote. This was inter}~reted to mean I could not even copy the product of my lectures far students, I could not produce a single math

problem for a test or for use during a lecture, I was not allowed to use a list of math formulas I selected, I could not use a "+" sign in

front of the infinity symbol to symbolize positive infinity, etc. My academia freedom was trampled upon and my students were not

allowed the benefits of my extensive training and experience in mathematics.

T was not allowed even to provide. disabled students or students who were absent from class copies of the contemporaneous notes I

routinely make during class docwnenting the topics covered during the class. The reason given was that I authored these notes, and the

PC Presidents directive did not allow me to author anything I use. Additionally, the administration refused to make copies of a test

because I had added two adjectives for cltirificatian to the author's directions of one of the questions, and the Math Dept. Chair said,

"You cannot `author' your own. directions to test questions." I had to remove the two adjectives fox the administration to approve

copies for my students.

Spring 2011

For my Math 120 (Algebra) class, I used my colleague's (Tim Bryan's) department-approved instructional materials. With permission

from Tim Bryan, I changed his use of Roman numerals for chapter nwnbsrs to Arabic numbers and I separated chapters with a quote

hom motivational people like Mahatma Gandhi, Martin Luther :King, Associate Supreme Court Justice Sonia Sotomayor, eta The PC

administration scolded nne and denied these additional changes,

Fall 201.1& Spring 201.2

In September 2011, in response to my request to discuss dissolution of PC President Sollay's restricting directive of December 2410,

President Solley preseriteci an "Agreement" which stipulated that I had violated copyright, I was insubordinate, and that 1 was evasive.

Additionally, it stated that I agreed to waive for all time my rights and protections regarding copyright afforded to faculty members at

MCCCD, that I would not sue, grieve, or otherwise act to invalidate the agreement, finally that I waived all personal claims and causes

of action of any kind in connectiUn with the agreement or the facts alleged in complaints I had filed. I chose not to sign the

Agreement.

For all my courses, I taught using a textbook but was not allowed to use any lecture notes to guide my lectures. The harassment

continaed with petty, mean-spirited accusations from the administrAtion. For instance, the administration did not allow me to make

copies of a test of math formulas represented with the variable "u" until I changed the variable to the letter "x". Addif►onally, a final

exam was held up because I had prepared a graph using the MCCCD software on my computer which produced a graph which was

mathematically identical to tt~e graph in the textbook except that the background color was different. The administration required that

the graphs be absolutely identical. No other faculty member has been. subjected to khis unrealistic and bizarre standard. As a result 1

was forced to show the textbook's graph (which was identical to mine except that the textbook had a black grid and tha District's

software produced a blue gid) nn the overhead projector.

Fa112012

In August I told my class I would be using my colleague's approved instructional material as their textbook. The PC administration

said that if the students wanted a copy of this material, they would have to make tha copies and pay far it themselves. The students

asked me to make the copies, and they would reimburse me tlae cost of copying. Y made the copies at Staples and the students

reimbursed me. The PC administration ordered me to give the students the money they had reimbursed me. I responded that X would

then want the copied materials returned to me. The FG administration said I was to assume the cost of copying myself. I did not return

the money to the students because T felt it was an unreasonable request since it was beyond the scope of my responsibilities, it was not

among my job duties, and the administration had originally stated that the students were to pay for their own copies.

Spring 2013

In Late spring 2013, I received a call from. Sherrie Klein at District HR to schedule a meeting with me. She was reluctant to give me

any information but after a series of inquiries, she informed me the meeting was to "provide you with. information that benefits

faculty." Not understanding; the stated purpose of the meeting, I asked who would be in attendance at that meeting. Again, only after T

made numerous inquiries, did she divulge that there would be four high-ranking administrators and myself at this meeting. I asked if I

could bring a representative. She said I could.

Tt soon became evident that the purpose of the meeting had been mischaracterized. It was in fact a disciplinary meeting. They accused

me of continuing to violate copyright laws, of violating the cash-handling policy, and of insubordination. Although on shoot notice, I

Page 4 of 6

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Case 2:15-cv-01759-NVW Document 14-6 Filed 11/04/15 Page 5 of 6

was glad to finally be afforded the opportunity to defend myself against the administration's perplexing, disturbing, and oftentimes

inconsistent allegations. We did not finish the meeting, so it would ba continued.

A few weeks later I received notice that the meeting would reconvene during final exam week. My representative asked that we meet

after finals because she was unwilling to miss classes during this very important week. I was told we could not meet after finals

because it was beyond our contract time. I' assured the administration that both my representative and I were willing to come in

outside of our contract time. I was told to get someone else if my representative couldn't come. I reiterated. that no faculty would be

willing to be absent from final exams. I was told to attend this meeting or be considered insubordinate.

I met at the District with the Phoenix College President, Vice President, and two adnvl~istrators from Human Resources, When I

repeatedly asked for documentation of alleged continued violation of copyright laws and policies, the President refused to show me a

single page of evidence of alleged continued copyright violations. She insisted I_had them. among the ernails I had received from 2009

to the present, but I explained I did not know to which of the thousands of smalls I had received she was referring. I asked for these

documents in order to deternnine the factual basis of the accusations made against rne, so I could respond precisely. For nearly three

years, I had been. asking for evidence supporting these allegations so I could cogently respond to them. T had not been given the

opportunity in the past and it was again denied to me at this meeting. The President ended the meeting abruptly and told me I would be

terminated on the first day of Fall 2013.

Felt 2013

In August 2013, X received a letter of termination of employment and was given administrative leave with pay until my termination. I

appealed in accordance with the Residential Faculty Policies (RFP). Athree-member committee of faculty heard the evidence at a

Termination Roaring, In December they submitted their recommendation not to terminate my employment because Maricopa County

Community College District (MCCCD) had failed to show that 1}there had bean a copyright violation and that 2) there had been a

violation► of the cash-handling policy. The Faculty Termintttion Committee did find that I had not done what the administration had

ordered me to do—i.e., return money to students who had reimbursed me for making instructional copies for them. I never disputed

the facts about cash handling other than to assert that my actions were nut insubordi~iate. My lawyer submitted correspondence to the

Governing hoard requesting a hearing on the suspension alleging it was tantamount to termination. The Governing Board did not

respond.

Spring 2014

1n a meeting on March 6, 2014, the acting Vice Chancellor for Human Resources told me the Chancellor was not terminating me but

had suspended me without pay, without medicat insurance, completely severed my association with MCCCD as of March i, 2014,

until August 2015 (i.e., for more than a year) due to 'rnsubordinatinn, Iwas not allowed to have any hearing or to provide a defense. In

April 2014, the Chancellor revised the suspension without pay date to be effective April 15, 2014 until August 2015.

Summer/Fall 2014

May 1, 2014,1 applied for unemployment benefits. The Department of Economic Security {DES) Unemployment Insurance

Administration determined I was disqualified because the MCCCD administration had given the following reasons:

"Yoduntarily Left Employment, A.R.S.:23-775.1, Leaving in Anticipation of Discharge, A, A. C. R6-3-50135.0 (You left your job

because you believed you were to be discharged. You did not determine prior to quitting whether your employer was uctually going to

discharge you. You voCuntarily left work without food cause in connection with your employment."

:Furthermore, the PC administration said I was suspended for gross insubordination. (See Decision of Appeal Tribunal). On appeal,

the Appeal Tribunal found in my favor. The DES Administrative Law Judge wrote:

1) I "was discharged from employment but not for willful or negligent misconduct,"

2) I "was placed on suspension for insubordination arising out ofa dispute over copyright and cash handling issues. The employer's

internal investigation and fact-Ceding did not fmd suff dent evidence to discharge the claimant.... Because the employer did not find

a violation of the cash-handling policies, the order/instruction to return the money to the students was not reasonable. The claimant

was not insubordinate far refusing ....The claimant did not sell the documents or otherwise make a profit." (See Decision of

Appeal Tribunal). [emphasis added]

Page 5 of 6

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Case 2:15-cv-01759-NVW Document 14-6 Filed 11/04/15 Page 6 of 6

3) My suspension was "for an unreasonable period of time" Therefore, "the suspension terminates the employer-ennployee

relationship and the worker is discharged on the date the worker was suspended and for the reason the worker was suspended." (See

Decision of Appeal Trit~una!).

Claims

My specific claims for relief are as follows.

MCCCD has violated my employment contract as spelled out in the RFP, other policies, rules, :regulations, and practice. As detailed

above, the MCGCD followed the terms of the contract only when. it benefited itself while holding me to strict. compliance. I was

neither timely apprised of the information against me nor wAs 1 ever given the opportunity to rebut the accusations fox over three years

until the Termination Hearir►g Committee convened to heax my appeal in the fall semester of 2010.

I have submitted two grievances which were never processed to the Governing Board as required. by the ftEP. The more recent

grievance was filed on August 14, 2014.

The District deliberately failed to process to conclusion the termination process and in so doing I was denied my contractual right to

appear before the Board to defend myself against these absurd accusations in executive session or in a public meating. Worse still, the

District without any legal basis switched horses in mid-stream by converting the termination process into a summary suspension

process leading to an exceedingly long "suspension" from which there was no appeal to the Board.

With respect to the 2014 suspension without pay, it was implemented before i was notified that I was suspended. The RFP calls for

notification before an adverse employment action is taken. There are no guidelines or process outlined for the Chancellor to follow in

determining what employee actions should result in suspension and the length of such suspensions. nor is there a guide for determining

when the er~►ployee should be suspended with ox without pay.

There are other claims far relief I am investigating among which are: retaliation under Title VII, defamation, intentional infliction of

emotional distress. As evidence supporting these claims becnmes available I will amend this Notice of Claino/appeal of grievances.

Damages and Settlement

At this point I estimate my yearly gross income and monetized benefits to approximate $130,000.00 or $10,800 per month.

Additionally, there are other perks which I lost. These perks include approxiYnately $8,000 in travel funds for faculty for two years,

$20,OQ0 lost opportunities to receive wants for projects both in the two summers and the two calendar years, $4,000 in lost tuition

covered far faculty and family for two years, legal fees and costs at this point are in the neighborhood of $60,000.00. Assuming I

serve the 15 months suspension, my damages amount to $254,500.00. Furthermore, I had. to activate my social security benefits before

they reached their maximum: resulting in a lass of income..I have been subjected to intentional infliction of emotional distress since

fall semester of 2009,

At this point I am willing to settle all my claims against the District for the monetary damages spelled out above. Additionally, I

require that I be given a letter of apology from the District which will be posted where HR postings are normally made within the

District ttnd that it be emailed to every student, faculty, and employee of the DisMet and that my employment records and any other

records containing information about the matters dealt with herein be sanitized. Please note that the amount of back pay depends an

when 1 am reinstated.

Sincerely,

~~^-~-~

Cleo Patria Martinez, PhD ~

Attachment: Decision of Appeal Tribunal (i.e., Decision of the Administrative Law Judge (ALJ)

page 6 of 6

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Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 18 of 54
MCCCD GOVERNING BOARD MEETING —OCTOBER 28, 2014

Speaker 1: as a citizen interim, we have, uh, several of them here tonight. Um, remember we got a

five minute limit, um, and I'll call on the first one is Cleopatra Martinez.

Cleopatra: President Saar, can you hear me? Um, members of the governing board, Chancellor

Clasper, members of the CEC, honored guests and members of the community. Um, on

August 13th, 19- 2014, I emailed you a grievance. As of today, I have heard nothing in

response. According to the RFP, grievances at your level need to be responded to within

thirty days of receipt. I request that the matter of my suspension bean executive

session item at the next meeting of the governing board. The reason I'm pursuing this

matter is that it is the most recent example of the conduct that i have been experiencing

since 2009 and I'm, uh, in January, I will have been with Maricopa Colleges for thirty

years.

In August of 2013, the Phoenix College administration attempted to terminate me for

copyright violations, cash handling violation and insubordination. (appealed, pursuant

to the residential faculty policies, that's the RFP. In December of 2013, the MCCCD

Internal Termination Hearing Committee found that MCCCD had not met its burden of

proof with respect to copyright violation and cash handling violation and recommended

that I not be terminated. The Chancellor then suspended me in March 2013 without pay

for over fourteen months for my [00:02:00] alleged insubordination.

In May 2014, I applied for unemployment compensation. MCCCD advised the

Department of Economic Security, DES, that i should be denied unemployment

compensation because ben- benefits because I had walked off the job in anticipation of

termination and because I had been suspended for gross misconduct, both untrue.

Initially, the DES denied my claim but on appeal, the DES administrative law judge

decided in my favor. Among other things, the administrative law judge wrote in his

decision that one, I did not sell the documents or otherwise make a profit which was an

all- uh, an allegation made.

The order to return the money to students was not reasonable and three, that I was

discharged not suspended as contended by MCCCD and four, I was not discharged for

willful and or negligent misconduct. Consequently, MCCCD's claims of copyright

violation, cash handling violation and insubordination have not been substantiated by

either independent reviewing authority, that is MCCCD's own internal termination

hearing committee or the DES administrative law judge. In order to right this wrong in

July 2014, I attempted to follow the grievance process which requires that I first present

the grievance to the Vice President of Academic Affairs, the VPAA.

The VPAA's secretary advised that I could only speak to Human Resources, HR about the

grievance. HR told me I could not file while I was [00:04:00] suspended although I could

file the grievance upon my return in August of 2015, some twelve months away. On

August 13, 2014, I submitted my grievance to the Vice Chancellor for Human Resources,

the Chancellor and the governing board members. No one has responded. There are no

substantiated claims, no substantiated claims against me but I remain suspended

MCCCD/Martinez Ol 160

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without pay. My grievance has not been addressed. The governing board is the final

decision maker in the district.

respectfully request that the board immediately male me whole by reinstating me to

my former position with back pay to the day I was suspended, reimbursing me for

attorney fees and cost and paying me the dollar value of any and all other benefits I lost

as a result of this prejudicial, damaging suspension and um, I think also the, um, policy

needs to be rewritten so it would not be as dictatorial as it is, uh, with respect to um,

the person making this decision. There's, uh, a fiduciary, uh-this has been fiduciarily

irresponsible I think and it must be eliminated. This is not how Maricopa operates so

ask again, I request that the matter of my suspension be an executive session item at

the next meeting of the governing board. Thank you very much members of the

governing board. If you have any questions, I'm willing to answer.

Speaker 1: And we, uh, the documents you brought. I'll make sure that that's part of the record

tonight and we'll follow up on that.

Cleopatra: Okay, okay.

Speaker 1: Thank you.

Speaker 3: [inaudible 00:05:45] technical. No conversation, just technical.

Speaker 1: Mmm hmm. (affirmative)

Speaker 3: Suspension was ... you were suspended on what date?

Cleopatra: Initially on March 1st, 2013 and then it was changed to April 15, 2013. [00:06:00] That's

without pay.

Speaker 3: Okay. March of 2013?

Cleopatra: And then it was changed to April of 2013.

Speaker 3: So were you paid during March to the April [crosstalk 00:06:16]?

Cleopatra: When it was changed, then I was paid and my- uh, my, um, without pay began on April

15, 2013.

Speaker 3: And the suspension was for one year?

Cleopatra: Until August of 2015, so more than a year.

Speaker 3: Without pay?

Cleopatra: Without pay. And the administrative law judge said that's not suspension, that's a

termination. It's too long and uh, that document is available to you.

MCCCD/Martinez 01 ] 67

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Speaker 1: Thanl<you.

Speaker 3: Thank you.

Cleopatra: You're welcome.

Speaker 1: Next is, uh, Santos Vega. Welcome, Mr. Vega.

Santos: Uh, President Saar, and um, Doctor Giasper and Board of Directors and fellow citizens,

came here to speak on behalf of mathematics professor, Cleopatra Martinez who taught

for thirty years in Phoenix College. She lost her teaching position based on accusations

that subsequent investigations and judgments found her not guilty of any one of the

accusations. Evidence proved her innocent. Therefore, to continue to keep her from

working is an injustice. She appealed her accusations and the district did not find her

guilty.

During [00:08:00] the time of this ordeal that she was suspended, she applied for

unemployment to pay for her home and her food. She went to court and her charge was

unsubstantiated yet the governing board won't hear her case. This is like an unjust

termination without adequate cause. The suspension has gone for over a year, it should

be ended and Professor Cleopatra Martinez should be reinstated to her former position

immediately. I petition you to do what is fair, the right and just thing to do. Students

need her back in the classroom. Thank you.

Speaker 1: Thanl<you Mr. Vega.

Santos: Thank you.

Speaker 1: Next is, uh, Doctor Charles Townsend.

Charles: Mr. President, I think the last time I was here I told you I was sick. I'm still sick but I'm

concerned about an injustice to Doctor Martinez. I didn't know anything about Doctor

Martinez when I first came to this board. I came to this board because I had looked at

television one night and I didn't see one Blacl< president sitting up that I still don't see

one Blacl< [00:10:00] president. Now, some of you might say, "Well, that's racism." Well,

it is racism because there are no Blacks sitting up there as a president.

You got twelve colleges out in this community college system and not one Blacl<

president and I've been working to get Blacks involved all of my life including the

Chancellor. I've been in this town for thirty years and have worked to make certain that

Blacks were included in administrative positions all over this county and it is a disgrace

for a community college, uh, an institution of higher education to be so prejudicial that

you can't find one Blacl< president. I didn't come here tonight to talk about the

president, I came here to talk about two other things.

Here's a book that I discovered called Policies of Deceit. It talks about Maricopa

Community College district and other districts in the county and across this nation. It is

MCCCD/M.u~tinez Ol :162

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the most revealing book that I have ever read about education and I have been in ej- in

education all of my life. I'm eighty years old. 1 probably am on my death bed with

congestive heart failure but I'm not going until I have had the opportunity and I may

have it tonight to speak my last breath about injustice.

was trying [00:12:00] to talk to Doc- or to Mr. Saar, President Saar a few moments ago

and two of the board members got up and walked away and uh, somebody said, "Well,

you got to talk to the attorney." The voters in Maricopa County didn't vote for the

attorney. They voted for you hoping that you would carry your own head. I called the

faculty representative, (believe his name was Keith Heffner, he may be the new one. Do

you know is he the new one or the old one?

Speaker 1: New one.

Charles: He's a new one. I called him and told him that I wanted to talk with him about Doctor

Martinez's situation. He emailed me- I had to leave- first of all, I had to leave a message

on the phone and he said, "The best way to get in touch with me is through email," so

anyway, I emailed him. He emailed- I emailed him and said I'd like to talk with him about

Doctor Martinez's case. He emailed me back and said his attorney had told him that he

couldn't discuss Doctor Martinez's case with me. I wrote him back and I said, "Well,

Doctor Martinez has given me the authority to discuss it."

never heard from him and somebody said something about the board not responding.

This board ought to respond. You don't respond to anything. I have asked you to

respond to me a thousand times and you won't even respond to me. It is an injustice

and all of you people who are sitting around here, you may be faculty members. It can

happen to you one [00:14:00] day and these people here who are from ASU, I imagine

they're in education, want to see how an educational institution operates, well, this is

the worst place to be.

If you want to see how a good board operates, you don't need to watch this one. Now,

don't want to be- I don't want to be too cantankerous about, uh, what I'm saying about

the board. You got some good people up there, most of'em up there are good. The last

thing I want to say tonight, in district five back in the summer there were two people

who indicated an interest to serve on this school board, two people. At the close of

registration, two people. One Black young man and that's another thing, you don't have

any Blacl< board members up there, um, one Black man and one Hispanic applied or got

their petitions signed so that they could run for a seat on this board.

The Hispanic gentleman decided that he would file a charge against this Blacl< person

because the Black person failed to indicate on his petition that the date that this

position would be final. That was the extent of that petition. You had to put on there the

date that this position would end so [00:16:00] what happens when you file, uh, uh, a

claim against one of your, uh, adversaries? You gotta go to court so you gotta get an

attorney. He went to an attorney, the attorney told him five thousand dollars. If we

have to tale it to the Supreme Court, it- it'll cost you another five thousand dollars.

MCCCD/Martinez OI163

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Now, here's a young man. He doesn't have five dollars, let alone five thousand to run for

a seat for this governing board because here we have a seasoned, a seasoned politician

who knows all the ins and ropes of how you get elected so now what do we have in

district five? We have one person and I submit to you that that person is illegitimate to

serve on this school- on this, on this board, illegitimate. Now, if 1 were- ...

Speaker 1: One minute, please.

Charles: Yes, sir, one minute. If 1 were running and there were only two, i would think that uh,

since I am a seasoned politician, I would win. This person hadn't run for anything and

he's gonna sit on this board and represent me 'cause I'm in district five. I should have

run for di-for the board myself. Probably if I hadn't been sick, I would have. The board

needs to have some training and you need to strongly consider what your duties are to

your employees including the Chancellor.

At some point in time, you might end up firing him [00:18:00] 'cause we like to fire

people I read in the paper not to long ago. You fired somebody who was in charge of

technology or something. Just firing people all the time. I asked somebody, "How manyhow many, uh, suits have you, uh, entertained?" They had entertained so many lawsuits

they can't even Keep up with them. Okay, I'll be back, I'm not going anyplace.

Speaker 1: [crosstalk 00:18:31]. Appreciate the [crosstalk 00:18:34].

Charles: The Lord is with me.

Speaker 1: Appreciate your comments.

Charles: Thank you, sir.

Speaker 1: OI<ay.

Charles: And I think that these, these people ought to be advocates to get Black folks sitting up

there and sitting down here.

Speaker 1: Thank you Mr. Townsend. We have to move onto item number 6.1 and we have

MCCCll/Martinez 01164

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Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 24 of 54
rA ~\ M A R I C O P A Maricopa County Community College District

.~

COMMUNITY Governin Board Minutes

' `~-' ~~ C O L L E G E S4 October 2$, 2014

An executive session and a regular meeting of the Maricopa County Community College Diskrict Governing Board

were scheduled to be held beginning at 5:30 p. m. at the District Support Services Center, 2411 West 14th Street,

Tempe, Arizona, pursuant to A.R.S. Section 35-431.02, notice having been duly given.

GOVERNING BOARD ADMINISTRATION (REGULAR BOARD MEETING)

Dana Saar, President Rufus Clasper

Randolph Lumm, Secretary Maria Harper-Marinick

Doyle Burke, Member Debra Thompson

Alfredo Gutierrez, Member LaCoya Shelton-Johnson ~~H{g~'j' Nd.~

Debra Pearson, Member Steve Melfgot

Lee Combs

Linda Lujan

Ernie Lara

Steven Gonzales

Irene Kovala

Shouan Pan

Paul Dale

Anna Solley

Chris Bustamante

tan Gehler

Shari Olson

Brianna Bendotti for Gene Giovannini

EXECUTIVESESSION Executive Session was called to order at 5:30 p.m.

MOTION Motion 10234

Board Member Gutierrez made a motion to go into Executive Session. Board Member Burke

seconded. Motion passed 5-0.

CALLTO ORbER The regular board meeting was re-called to order at 6:31 p.m.

SUBSTITUTIONS There was one substitution for a member of the CEC.

PLEDGE OFALLE~IANCE The assembly pledged allegiance to the United States of America led by Mr. Lumm.

CLASS ACKNgWLEDGEMENTS President Saar welcomed Dr. Maria Hesse's HED634 American Community College class from ASU.

STUDENT LIFE REPORTS Rico Moran, President of Glendale's Associated Student Government (ASG) presented an

overview of events planned for the year, along with other members of the ASG. Students shared

that the ASG represents 33,000 stakeholders and that they would be sharing their experiences

with the Board that night. They reported that student government is more than just a funding

source in support of campus events; members also serve on hiring committees, MEN's group, and

other campus initiatives. Student Life at GCC reaches far beyond the border of the campus with

trips and conference competitions. This week the college will focus on the issue of human

trafficking. The group members are also proponents of District initiatives such as Breathe Easy,

MEN, and sustainability—yet student representatives all feel that academics must come first.

Representatives nll easily maintain the 3.0 GPA required. The number of student clubs has grown

from 22 clubs when they first started to over 60 clubs, six years later. They initially didn't have

enough representatives for a full student governing board but now they have more than enough.

They have moved from merely attending events towards hosting and facilitating - them, including a

three-day leadership retreat. Students thanked the Board for its time and invited members to

attend events on campus regarding human trafficking.

ASG Members: Rico Moran, President; Anthony Lee, Vice President; Victoria Moreno,

Treasurer; Jessica Mateo, Secretary; and John Garduno, Public Relations

EMERITUS, AwnR~s, Dr, Shari Olson, President of South Mountain Community College, thanked the Board and reported

AND RECOGNITION that she and Mr. aruce McHenry, Economics faculty member and Director of the SMCC Community

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 25 of 54
Minutes ~ October 28, 2014 Regular Board Meeting Page 2 of 8

Entrepreneurship Center, were awarded $15,000 from the Coleman Foundation for their elevator

pikch to further develop entrepreneurial student worker positions at SMCC at the recent National

Association of Community College Entrepreneurs (NACCE) conference in Phoenix, October 12-15,

2014. She then invited faculty members Mr. Bruce McHenry and Ms. Maria Bailey-Benson to speak.

Ms. Baily-Benson reported that, of the four awards presented at the NACCE conference, three were

awarded to SMCC students. Mr. McHenry called himself an entrepreneurship champion and

reported SMCC had received a fourth grant opportunity from NACCE that year. He also reported

that Dr. Shari Olson was named NACCE's President of the Year. He noted that three of the student

award winners were recipients of seed money from last year's grant.

CITIZEN'S INTERIM There were three requests to address the Board.

1. Dr. Cleopatria Martinez, representing herself. Statement included in the Appendix.

2. Mr. Santos Vega, representing Dr. Cleopatria Martinez

3. Dr. Charles Townsel, representing the NAACP State Conference

Dr. Martinei statement in its entirety is included in the Appendix.

Mr. Vega informed the Board he was there to speak on behalf of Dr. Cleopatria Martinez who taught

for 3Q years at Phoenix College. He said she lost her teaching position on allegations that subsequent

investigations found unsubstantiated. We feels that keeping her from working is an injustice. He

remarked that during her suspension, she applied for unemployment and was initially denied, but

subsequent investigations upon her appeal found claims against her to be unsubstantiated. He said

the board would not hear her case. Ne called for her suspension to be ended and that she be

reinstated to her former position. He said the students needed her back in the classroom.

Dr. Charles 7ownsel remarked he was concerned about an injustice to Dr. Martinez. Ne said he

came before the Board that night because he did not see any Black presidents represented in

MCCCD. He said with 12 colleges in the system it was a disgrace for the community colleges, and

all institutions of higher education, to be so prejudicial that no Black presidents could be found.

He returned to the topic of Dr. Martinez and said he'd attempted to communicate about the

situation with the Faculty Executive Council president but was informed that the FEC attorney

advised him not to speak about the case. Dr. Townsel also said this Board was the least responsive

and worst model of how a good board should operate. He then remarked that there were initially

two candidates running for the District 5 seat, one Black and one Hispanic, and what he

considered inappropriate actions were employed to ensure the Black candidate was defeated

before his campaign could begin. He concluded that the Board needed to strongly consider what

its duties to its employees were and to be aware of the number of suits against the District. He

advocated for Black representation on the Board, as well, as he left the podium.

CHANCELLOR Chancellor Rufus Clasper said he wanted to piggy-back on the awards to SMCC and asked Or.

Olson to share with the Board about activities that led to her nomination for the NACCE President

of the Year award. Dr. Olson remarked that the evidence of her students' award winning work

speaks to the reason why she was honored for the award. She said she was surprised by the

nomination. Her focus has always been on students attending college and experiencing business

in a new way by learning together and doing business together. She said her faculty were engaged

in providing a myriad of opportunities for students and the college supported them completely.

Dr. Clasper said the Board should take note of the number of presidents involved in the NACCE

conference. He remarked he had visited a number of cities and town across the country and ane

of the leading themes he has seen is small business development. Community colleges can take

the lead and role of developing the economy by focusing on this. The theme is global, as well.

There are more and more centers for entrepreneurism and small business development. He also

hears from employers that they want to be connected with employees with soft skills (i.e., critical

thinkers, solution seekers, etc.) in addition to technical skills. The colleges are creating stackable

credentials in programs such as cyber security and energy, among others, which can eventually

result in a bachelor's degree. He wants to look at the curriculum and infuse the notion of soft

skills—that can be the community college footprint. Employers need to know that MCCCD can

apply it, deliver it, and can be relied upon to provide it. He wants MCCCD and community colleges

to be a primary leader nationwide in such efforts.

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 26 of 54
Minutes ~ October 28, 201A Regular Board Meeting Page 3 of 8

Facu~ry There was no report.

EMPLOYEE GROUP Mr. Leo Valverde, President of the Adjunct Faculty Association, provided the following. "President Saar,

Members of the Board, Chancellor Glasper, members of the CEC, and Guests, I am Leo Valverde,

President of the Adjunct Faculty Association. I am pleased to announce the selection of two new

Adjunct Faculty College Representatives. Dr. Wilfred McFadden at Estrella Mountain and Ahmed

Daniels at South Mountain. Both men have contributed to adjunct faculty, the district, and the

community at-large for years. We are in the process of recruiting College Representatives for Phoenix

College, Mesa Community College, and Scottsdale Community College as current reps move on to

other responsibilities. The AFA is currently working in conjunction with MCLI toward the creation of an

online, districtwide orientation for all new adjunct faculty hires. This orientation would not replace any

campus orientation, but is meant to be used as bath a training tool and a resource for all new adjunct

faculty. It is our hope to have the course fully developed and ready to go fall, 2615. In addition, the AFA

has submitted a proposal for a presentation to the Academic Innovations nationwide conference to be

held herein Phoenix this spring. The focus of conference is adjunct faculty."

Mr. Ted Georgas, President of the Crafts Employee Group, remarked he wanted to talk about

excellence. He noted that people who are excellent often don't think they are. On behalf of the

Unified Crafts Association, he congratulated all the excellence in Maricopa as a whole. He then said

the Crafts association would be making a donation to the Maricopa Foundation in the name of the

MCCCD Governing Board. He then thanked the Board for all the work it daes for Maricopa.

APPROVAL OF THE President Saar then requested a motion to approve the Order of the Agenda.

ORDER OF THE AGENDA

MOTION Motion 10235

Board Member Burke made a motion to approve the Order of the Agenda. Board Member

Lumm seconded. Motion passed 5-0.

APPROVAL Of President Saar asked if anyone wanted to remove any items from the consent agenda.

CONSENT AGENDA No items were removed.

The following items were included in the Consent Agenda:

9.1 APPROVAL QF THE MINUTES OF THE SEPTEMBER 17, 2014 BUDGET AND FINANCE RETREAT,

SEPTEMBER 23, 2014 REGULAR BOARD MEETING, SEPTEMBER 30 SPECIAL SESSION, AND OCTOBER

1A, 2Q14 AGENDA REVIEW AND WORK SESSION

10.1 CONSIDERATION QFEMPLOYMENTS—approve the personnel actions as proposed. Budget

approvals have been granted and are on file far the recommended personnel actions in this item.

10.2 CONSIDERATION OF SPECIALLY FUNpEp EMPLOYMENTS—approve the personnel actions as

proposed. Budget approvals have been granted and are on file for the recommended personnel

actions in this item.

10.3 CONSIDERATION OF SHORTTERMEMPLOYMENTS—approve the personnel actions as proposed.

Budget approvals have been granted and are on file for the recommended personnel actions in this

item.

10.4 CONSIDERATION OF SEPARAT10NS—approve the personnel actions as proposed.

10.5 CORRECTION TO PREVIOUS BOARD ITEMS—approve the personnel actions as proposed.

11.1 APPROVAL OFCURRICULUM—approve as submitted; the curriculum proposals have been

processed through all procedures established by the Maricopa County Community College District.

11.2 APPROVAL OF NATIONAL SCIENCE FOUNDATION MA?HEMATIC5 AND SCIENCE PARTNERSHIP

(PROMOTING EXCELLENCE iN ARIZONA MIDDLE SCHOOL MATHEMATICS: INCREASING STUDENT

ACHIEVEMENT THROUGH SYSTEMIC INSTRUCTIONAL CHANGE)—accept a Mathematics and Science

Partnership Grant continuing award in the amount of $1,920,675 for Year 4 of a 5-year project (totaling

$8,748,267) from the National Science Foundation. The NSF Promoting Excellence in Arizona Middle

School Mathematics: Increasing Student Achievement through Systemic Instructional Change (DUE

1103080) project commenced on March 15, 2012 and will conclude on February 28, 2017.

11.3 APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN TWE WESTERN MARICOPA

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 27 of 54
Minutes ~ October 28, 2014 Regular Board Meeting Page 4 of 8

EDUCA710N CENTER (WESiMEC) ANp THE MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT ON

BEHALF OF ESTRELLA MOUNTAIN COMMUNITY COLLEGE AND THE SOUTHWEST SKILL CENTER FOR

EMT, PRECISION MANUFACTURING, AND FIRE SCIENCE PROGRAM TRAINING—approve the

Intergovernmental Agreement between West MEC and the Maricopa County Community College

District for Educational Programs with Estrella Mountain Community College and the Southwest Skill

Center, which includes use of the West MEC Central Campus Facility located at 6997 N. Glen Harbor

Blvd., Glendale, AZ. &5307.

11.4 APPROVAL OF SUBAWARD AGREEMENT BETWEEN CENTRAL ARIZONA CQLLEGE AND

GATEWAY COMMUNITY COLLEGE/MARICOPA SKILL CENTER—accept the subaward agreement from

Central Arizona College to Gateway Community College/Maricopa Skill Center in the amount of

$1,264,970 for Year 1 of this four-year project with effective dates of October 1, 2Q14 through

September 30, 2015.

11.5 APPROVAL OF SUBAWARD AGREEMENT BETWEEN CENTRAL ARIZONA COLLEGE AND ESTRELLA

MOUNTAIN COMMUNITY COLLEGE/SOUTHWEST SKILL CEMER—accept the subaward agreement

from Central Arizona College to Estrella Mountain Community College/Southwest Skill Center in the

amount of $988,430 for Year 1 of this four-year project with effective dates of October 1, 2014 through

September 30, 2015,

11.6 APPROVAL OF DIVERSE PERSPECTIVES —ARIZONA SCIENCE TECH DESK—accept a two year grant

award for Diverse Perspectives—Arizona Science Tech Desk from the Corporation for Public

Broadcasting totaling $350,000. This project will commence on October 1, 2014 and conclude on

September 30, 2016.

12.1 APPROVAL OF LEASE AGREEMENT BETWEEN CHANQLER UNIFIED SCHOOL DISTRICT (CUSD)

AND CHANDLER-GILBERT COMMUNITY COLLEGE (CGCC)—approve a Lease Agreement with CUSD.

The agreement will provide for the lease of Javelina Hall, a 3,950 square foot building containing

three classrooms, offices and restrooms at the CGCC Pecos campus. CUSD will pay monthly for the

period of July 1, 2014 through June 30, 2019 the sum of $10,961.67 ($32 per square foots for the

lease of the building. beginning July 1, 2015 the rate will increase based on a national index. CUSD

will reimburse CGCC quarterly for office supplies, copying services, and postage. The lease includes 4

one-year extensions.

MorioN Mation 10236

Board Member Burke moved for approval of the Consent Agenda. Board Member Lumm

seconded. Motion passed S-0.

13.1 APPROVAL OF 4.9 BOARD COMMITTEE STRUCTURE—approve the proposed changes to

Board Policy 4.9 to include the scope of the three Board committees: Board Policy, Budget and

Finance, and Charter Schools.

MOTION Motion 10237

Board Member Lumm moved for approval of Item 13.1. Board Member Burke seconded.

Motion passed S-0.

13.2 APPROVAL OF AUTHORIZATION 4F EXPENDITURES OF LEGAL FEES—authorize the expenditure

of legal fees and expenses in the amount of $1,726,850 through December 31, 2014 to pay for legal

fees and expenses incurred with the law firm of Greenberg Traurig, LLP, for consultation and

representation related to data security issues that arose with the security incident of 2013.

MOTION Motion 10238

Board Member Burke moved for approval of Item 13.2. Board Member Gutierrez seconded.

Motion passed 5-0.

14.1 APPROVAL OF CONCEPTUAL APPROVAL FOR ADDITIONS TO THE JOHN PAUL THEATER

PHQENIX OOLLEGE—provide Conceptual Approval for additions and renovations to the existing

John Paul Theater at Phoenix College.

MaTioN Motion 10239

Board Member Lumm moved for approval of Item 14.1. Board Member Pearson seconded.

Motion passed 5-0.

14.2 APPROVAL OF 106 ORDER CONTRACTING PURCHASE ORDER TO REPLACE MECHANICAL

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 28 of 54
Minutes ~ October 28, 2014 Regular Board Meeting Page 5 of 8

SYSTEM FAN COiI UNITS IN 7HE NORTH GYM PHOENIX COLLEGE—approve a Job Order Contract

(10C) purchase order in the amount of Three Hundred Seventy One Thousand, Four Hundred

Ninety-Seven Dollars and Eighty-Five Cents ($371,497.85) to Jokake Construction for installation

of new mechanical system fan coil units in the North Gymnasium at Phoenix College.

MOTION Motion 10240

Board Member Pearson moved for approval of Item 14.2. Board Member Burke seconded.

Motion passed 5-0.

14.3 APPROVAL OF PARTIAL GUARANTEED MAXIMUM PRICE NUMBER ONE PHASE 1 SITE

WORK fOR THE NEW INTEGRATED LEARNING BUILpING AT PARADISE VALLEY COMMUNITY

COLLEGE BLACK MOUNTAIN CAMPUS—approve the partial Guaranteed Maximum Price f GMP)

Number One for the site work package with a not to exceed price of One Million Two Hundred

Thousand and 00/100ths Dollars ($1,200,000.00) to Austin Commercial LP for the new

Integrated Learning Building at Paradise Valley Communiky College, Black Mountain Campus.

MOTION Motion 10241

Board Member Pearson moved for approval of Item 14.3. Board Member Burke seconded.

Motion passed 5-0.

MONITgRING REPORTS 15.1 BUDGET ANALYSIS REPORT, FUND 1—GENERAL UNRESTRICTED FUND FOit THE THREE

MONTH5 ENDING SEPTEMBER 30, 2014—Expenditure analysis indicates 16.8% of the budget has

been expended this year as compared to 19.3% expended at this same point last year. 39.6%of the

budget remained unexpended or unencumbered compared to 36.0% in the prior year. Revenue

analysis indicated that 28.8% of the budget has been recognized as compared to 263% in the prior

year. The projected fund balance will increase by ~$3.4M this fiscal year and the projected ending

fund balance for June 2015 is $167.6M. The District should meet its financial stability requirements.

15.2 2004 GENERAL OBLIGATION BONDS SERIES A (2005), SERIES B (2007), SERIES C (2009),

SERIES D (2011) AND SERIES 2013 2004 CAPITAL DEVELOPMENT PLAN SUMMARY AS OF

SEPTEMBER 30, 2014--As of September 30, 2014, $823.5 million, representing approximately

87% of proceeds from the Series A, Series B, Series C, Series D, and Series 2013 issuances of the

2004 bond have been expended or encumbered and $127.8 million remains available. Bond

proceeds are invested until expended.

15.3 BUDGEf ANALYSIS REPORT, FUND 1—GENERAL UNRESTRICTED FUND FOR THE TWELVE

MONTHS ENbING JUNE 30, 2014 (FINAL-UNAUDITED)—Expenditure analysis inditated 89.5%of the

budget was expended this year as compared to 91.6% expended at this same point last year. 10.5% of

the budget remained unexpended or unencumbered compared to 8.4% in the prior year. Revenue

analysis indicated that 96.4% of the budget was recognized as compared to 97.6% in the prior year.

The fund balance increased by "'$4.1M to $164.1M. The District mek its financial stability requirements.

15.4 2004 GENERAL OBLIGATION BONDS SERIES A (2005), SERIES B (2007), SERIES C (2009), SERIES

D (2011) AND SERIES 2013 2004 CAPITAL DEVELOPMENT PLAN SUMMARY AS OF TUNE 30, 2014—

As ofJune 30, 2014, $796.0 million, representing approximately 84% of proceeds from the Series A,

Series B, Series C, Series D, and Series 2013 issuances of the 2004 bond have been expended or

encumbered and $155.3 million remains available. Bond proceeds are invested until expended.

BOARD M EMBERS Mr. Burke reported he was pleased to have attended Rio's Welcome lunch for Dr. Rita Cheng, new president of

Northern Arizona University. He attended the Student Success Conference and was pleased with the offerings.

He attended the dedication of the new Performing Arts Center at Mesa Community College.

Mr. Gutierrez reported he had attended the ACCT Conference in Chicago. He found the

seminars very helpful and focused on the ones concerning developmental education. He also

reported a coming tsunami of change should be expected as aging executive leaders in

community colleges retire.

Mr. Lumm reported he attended similar meetings and events as Mr. Burke. He congratulated

MCC on its new facility and his expectation it would greatly contribute to Mesa's arts. He also

congratulated Dr. Maria Harper-Marinick on an excellent Student Success Conference.

Mr. Saar reported He attended the ACCT as well and learned about what was happening

throughout the country. He focused on workforce development sessions and will keep pushing

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 29 of 54
Minutes ~ October 28, 2014 Regular Board Meeting Page 6 of 8

that agenda at MCCCD. He also congratulated MCC on its new PAC--with 460 seats!

Mrs. Pearson reported she also attended ACCT and found it bean emotional experience as she

handed the reins of the Asian, Pacific Islander, Native American Trustee Association (APINATA)

over to a new chair. She said she focused on sessions dealing with poverty in education. The

conference served as a mirror to help her see where MCCCD fits in the scheme of things and

she felt renewed appreciation for all the work being done in Maricopa. She thanked SMCC for

stepping up to the challenge of focusing on entrepreneurism—community colleges could do

this better than anyone! She noted entrepreneurship can be applied in more than business

classes—art, tutoring, technology, civic engagement—all areas can encourage someone in how

to set up a business. She then concluded her remarks with a request the Board secure outside,

independent counsel, to review findings in a recent lawsuit the Board was not previously made

aware of. She said the Board needed an unbiased review to ensure ail actions were proper.

VICE CHANCELLOR Dr. Maria Harper-Marinick, Executive Vice Chancellor and Provost, welcomed the MCCCD

Women's Leadership Group Mentor Program participants. She said the group was created in

support of professional development for the women of MCCCD. This was the 15`h year of the

program with 34 mentees representing all the colleges and District. Since its inception, the

program has had 369 graduates. She thanked everyone for participating and asked the mentees

to stand and be acknowledged by the Board.

Co«e~~ There were no reports.

AADGB There was no report.

ASBA There was no report.

ACCT Mr. Saar reported the conference was well worth attending and he looked forward to the

National Legislative Summit in February, 2015.

GOVERNMENT RELATIONS Ms. Dawn Wallace, Director of State and Local Government Relations, provided the following, "Goad

evening, Mr. President, Members of the Governing Board, Chancellor, Members of CEC, and all in the

audience. Thank you for allowing me to present on a variety of government relations topics tonight.

First, I'll speak on the elections next week. Ail U.S. House seats are up for election. Six of the nine

congressional districts have predictable outcomes, however CD-1 (Tobin/Kirkpatrick), CD-2

(Barber/McSally) and CD-9 (Sinema/Rogers) are classified as potential swing districts and are

somewhat close to call. These three races have generated a tremendous amount of out of state

money. All Statewide o~ces are up for grabs and Maricopa continues to watch all races; the Governor

(Ducey, DuVal), State School Superintendent (Garcia/Douglas), and Attorney General

(Brvonich/Rotellini)are the offices with whom Maricopa interacts. Most of the Legislative districts in

Maricopa County are predictable; however, there are some swing districts that could have

ramifications to the makeup of the House and Senate. This is particularly true for the State Senate. For

example, if LD18 (Chandler-Ahwatukee) or LD28 (Central Phx/PV), which are currently Republican

incumbents, shift to the Democratic candidates, and LD(6) goes to the Independent candidate (who

will likely align with the Democrats), the Senate could be 15-15. The County seats include county

assessor, judges, the election of our board, and the $935 million bond approval for Maricopa

InCegrated Health System. There are three ballot propositions for voters to consider. The first two are

referendums: l) Prop 122 allows the state to opt out of federal laws deemed unconstitutional bythe

voters or the state legislature and if this happens, the state would be prohibited from devoting any

resources toward enforcing fihe law (Crandell); 2) Prop 303 would allow investigational drugs, biological

products or devices to be made available to eligible terminally ill patients. (Lovas, Alen, etc., and some

Dems); and 3) Prop 304 increases legislative salaries from $24,000 to $35,000.

Earlier this month, the Financial Advisory Committee met to discuss the economic outlook for the

State. We know that FY 2014 has come in below projections. That does not mean there was negative

growth, rather when you build a budget, you assume revenue levels that are then used to budget

expenditures. If the revenues don't come in, the expenditures remain the same you end up with a

deficit. in some years, ending balances have helped the deficit, like in 2015, but ending balances are

only one-time solutions. The area that was most significantly below projections is corporate income

taxes. Possibilities for the decrease could be tax credits (like R&D), or prior year liabilities that were

carried from one year to another, and tax cuts. JLBC estimates that over the three year budget period

there was a $226m loss in revenues due to tax cuts. We know FY 2015 revenues continue to be below

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 30 of 54
Minutes ~ October 28, 2014 Regular Board Meeting Page 7 of 8

forecast—which only makes the outlook grimmer. The fiscal impact ofthe K-12 litigation continues to

be a black cloud over the budget outlook. One positive piece of news, the economists did not indicate

that we were in recession mode; compared to the rest of the country, our recovery out of the 2009

recession is slower.

Here is a quick visual on the state budget. The FY2015 has been updated to show a $189m deficit, leading

to a $667m deficit in 2016. With the K-12 reset, the numbers increase to $520m and $1b, respectively.

These are dire numbers, however, the FY 2015 deficit will not be that difficult to solve with one-time

solutions. FY 2016 will be more di~cult. There are several solutions: Rainy Day fund has $460miliion; Debt

Financing might be an option butthere is not much left to mortgage; perhaps some lottery proceeds.

Revenue enhancements are the most creative solution and I have heard a variety of solutions including

the sweep of the Permanent School Fund, which is the corpus of the state trust lands. These can include

increased fees (which are used generally to help supplant general funded agenciesj. Budget reductions

are much more likely in FY2016 than in FY2015. As I mentioned before, we are vulnerable. In the past,

there have been rollovers in K-12, Universities, DES, and AHCCCS. $900m still remains in K-12, $200m at

Universities, but DES and AHCCCS are available. Finally, a tax increase is possible but unlikely and will

depend on the makeup of the Executive and Legislative leadership.

State Budget Request

• Due on September 1 but e~ended to October 1.

• Historically, a letter (with calculations) submitted to Governor by Community College System.

Operating, STEM/Workforce and Equalization Aid formulas provided to JLBC.

• Legislature no longer holds budget hearings for community college budgets.

• Adjustments to operating and equalization aid formula seen as "technical."

Our total request to the Legislature, assuming we keep our baseline funding, is $10.1 million. We will

be submitting another letter the middle of next month that provides potential STEM and workforce

related projects that would be funded if funding is fully realized."

NEXT BOARD MEETINGS President Saar announced the following future meetings.

• November 13, 2014,1:00 p.m., Board Orientation: Open Meeting Law, Rio Conference Center

• November 18, 2014,1;00 p.m., Agenda Review, Rio Conference Center

• November 7.8, 2014, 2:30 p.m., Annual Outcomes Monitoring Retreat, Rio Conference Center

• November 25, 2014, 4:30 p.m., Agenda Review, Rio Conference Center

~ November 25, 2014, 6:30 p.m., Regular Board Meeting, Rio Conference Center

• December 4, 2014,1:00 p.m., Board Orientation: Maricopa Governance, Rio Conference Center

• December 9, 2014, 6:30 p.m., Regular Board Meeting, Rio Conference Center

ADJOURNMENT President Saar adjourned the regular board meeting at 8:01 p.m.

Randolph Elias Lumm

Governing Board Secretary

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 31 of 54
Minutes ~ October 28, 2014 Regular Board Meeting

Appendix

Citizen's Interim Report to the Board (Martinez)

Government Relations Report

Page 8 of 8

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 32 of 54
October 28, 2014

Governing Board Member, Dana F. Saar

Governing Board Member Doyle Burke

Governing Board Member Alfredo Gutierrez

Governing Board Member Randolph Elias Lumm

Governing Board Member Debra Pearson

Dear Governing Board Members,

pn August 13, 2014 t emailed you a grievance. As of today I have heard nothing in response. According

to the RFP, grievances at your level need to be responded to within 30 days of receipt, i request that

the matter of my suspension be an Executive Session item at the next meeting of the Governing Board.

The reason I am pursuing this matter is that it is the most recent example of the conduct that i have

been experiencing since 2009.

In August 2013, the Phoenix College administration attempted to terminate me for copyright violation,

cash-handling violation, and insubordination. f appealed pursuant to the Residentia► Faculty Policies

(RFP). In December 2013, the MCCCD interns{ Termination Hearing Committee found that MCCCD had

not met its burden of proof with respect to copyright violation and cash-handling violation and

recommended that I not be terminated. The Chancellor then suspended me in March 2013 without pay

for over 14 months far my alleged insubordination.

In May 2014 I applied for unempinyment compensation. MCCCD advised the Department of Economic

Security (DE5) that I should be denied unemployment compensation benefits because I had walked off

the job in anticipation of termination and because i had been suspended for gross misconduct. Initially

the DES denied my claim but on appeal, the DES Administrative Law 1ud$e decided in my favor. Among

other things the Administrative Law Judge wrote in his decision that

(1) i "did not sell the documents or otherwise make a profit," {2) the order to return the money to the

students was not reasonable, (3) that I was discharged not suspended as contended by MCGCD, and

{4j I was not discharged "for willful or negligent misconduct."

Consequently, MCCCD's claims of copyright violation, cash-handling violation, and insubordination have

not been substantiated by either independent reviewing authority (i.e., MCCCQ's own internal

Termination Hearing Committee or the DES Administrative Law Judge).

In order to right this wrong, in July 2014 I attempted to follow the grievance process which requires that

1 first present the grievance to the Vice President of Academic Affairs (VPAA). The VPAA secretary

advised that f could only speak to Human Resources (HR) about the grievance. WR told me i could not

file while I was suspended although I could file the grievance upon my return in August 2015, same 12

months away. On August 13, 2014, I submitCed my grievance to the Vice Chancellor for Human

Resources, the Chancellor, and the Governing Board members. No one has responded.

There are no substantiated claims against me but I remain suspended without pay. My grievance has

not been addressed, The Governing 9oard is the final decision maker in the District. I respectfully

request khat the Board immediately make me whole by reinstating me to my former positron with back

pay to the day I was suspended, reimbursing me for attorney fees and costs, and pay me the dollar value

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 33 of 54
of any and a!I other benefits I lost as a result of this prejudicial, damaging "suspension." Finally, i

request that the Chancellor's dictatorial authority to suspend employees without cause, without pay,

and without due process for any length of time be eradicated and a policy be written to include

guidelines, process, checks and balances. Paying lawyers to continue pursuing an administrative abuse

of power is not what MCCCD should represent. This type of irresponsible fiduciary behavior must be

eliminated.

Respectfully,

C?~Q,C~~G~..~~.~ ~2~~'~

Cleopatria Martinez, PhD

Professor of Mathematics

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 34 of 54
November 4, 2014

Governing Board Member, Dana F. Saar

Governing Board Member Doyle Burke

Governing Board Member Alfredo Gutierrez

Governing Board Member Randolph Elias Lumm

Governing Board Member Debra Pearson

Dear Governing Board Members,

Re: Erratum in my letter dated October 28, 2014, to the Governing board and during Citizens' Interim

In discussing the dates of events in response to Governing Board Member Debra Pearson's question,

incorrectly referred to a date in 2013 which should have actually been 201G. The same error was made

in the letter dated October 28, 2014. The correct answer to Governing Board Member Debra Pearson's

question concerning the date I was suspended is:

"I was suspended with pay on August 12, 2013. I was suspended without pay an March 1. 2014. Later

Chancellor Clasper changed the date to April 15, 2014 and my pay will resume in August 2015."

Sincerely,

Dr. Cieopatria Martinez

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 35 of 54
Maricopa Community College

Governing Board Meeting

Government Relations Update

October 28, 2014

Nov. 4 Elections

❑State Ballot Propositions

• Proposition 122 —Rejection of Unconstitutional Federal

Aci(ons

• Proposition 303 — "Right to Try"

• Proposition 304 —Legislative Salaries

State General Fund

Estimated Ending Balances

After: FY2o15 FY zo16

May Special Session $130m 5(237m)

• October Update (189m) (667m)

• October+K•12 Reset• (520m) ~1,002m)

❑ Does not include the Rainy Day Fund of 5460 million.

C7 Does not reflect K•1211tigation retroactive payments of 51.3 billion.

'K-12 Reset is $236 per Student totaling 5336 million.

Nov. 4 Elections

OFederal—all U.S. House seats

❑Statewide Offices

❑County (non-partisan)

• County Assessor

• Superior Court Judges

• Community College Governing Board

• Special Health Care District $935 million Bond Approval

State Budget Outlook

f] FV 2014 revenues came in below projections —main driver

was Corporate Income Tax (13.1% decrease.

• Tax Credits (R&D).

• Prior Year liabilities.

• Tax Cuts (since 2011) • $226m loss from FY 2016-2018.

O fY2D15 1"Quarter revenues ($65)m below forecast.

OK-12 Litigation - "Cave Creek USD v. Ducey"

K-12 Lawsuit

Impact an State Budget_

ClReset of Per Pupil Funding (prospective) - $336

million annually.

ORetroactive payments — potentially $13 billion.

❑October hearing to consider retroactive payments.

(_)Settlement may reduce part of the FY 2016 budget

deficit but certainly not all.

11/4/2014

1

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 36 of 54
Potential Solutions

ORainy Day Fund —one-time, not permanent.

❑Debt Financing —one-time, not permanent.

❑Revenue enhancements.

❑Permanent budget Reductions.

C7Rollovers.

CITax Increase — temporary or permanent — if agreed, on

the general election ballot 2016—would only partially

solve FY 2016 (collections would not begin until January

2017).

MCCCD Governing Board

Candidate Forums

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Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 37 of 54
Senatorlohn McCain

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Scottsdale Community College

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Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 38 of 54
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Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 39 of 54
Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 40 of 54
MCCCD GOVERNING BOARD MEETING —MAY 27 2014

Speaker 1: At the top and it's obvious that the board must review the chancellor limitations, and

intervene to restore proper governance at the district. (coughing) We're asking that you

open an independent investigation immediately to save the district from further

lawsuits and financial damages. Uh, protect the public trust and the future of the

district, and future of education (coughing) for our communities.

You are in charge. You're ultimately responsible. We will not hesitate to take any

necessary actions to stop harassment discrimination, retaliation, mismanagement,

misuse of funds, (coughing) illegal activities, (coughing) and any other actions by the

district, uh, administration that jeopardizes the future of affordable education in

Maracopa County. And as, um, this group of Latino leaders in our community we urge

the governing board to, to get involved. To tale action on this, and not dismiss it. Thank

you. (coughing)

Speaker 2: Thanl<you.

Speaker 1: And I'm going submit these for the, um, the record.

Speaker 2: Just set them by the table here. Thank you. Uh, next is Dr. Townzel.

Speaker 3: (clears throat) (pause) (coughing) Mr. President, um, I have in my hand here a document

that I ... Have not read thoroughly. But there is a section here that talks about

suspension of a faculty member. Uh, this document ... Is entitled, uh, FY2013-14

Residential Faculty Policy Manual.

3.11 Suspension of Faculty Member. Upon a written statement of charges formulated by

the chancellor. Charging a faculty member [00:02:00] of the MCCCD the chancellor or

his/her designee may immediately suspend the faculty member, and give notice of

suspension. At the option of the faculty member the MCCCD faculty association

president will be notified of this action.

It goes on to say, the notice of suspension shall be in writing, and served upon the

faculty member. Personally, or by you as registered or certified mail addressed to the

faculty member at his or her place of resident as recorded in the MCCCD records. Any

faculty member who has been suspended present to this section will normally, would

normally be paid his, her regular salary during the period of suspension.

A suspension without pay will occur only upon advice of general council. If payment is to

be withheld, the vice chancellor of Human Resources will first consult with and advise

the member, and at the option of the faculty member the faculty association president

regarding the rationale for that action.

read that before I wanted to get into a specific ... Regarding this suspension. I also

wanted to say that some board member mentioned something about the expenditures

that I mentioned when I was here before. Uh, had been determined as something, but

1

n~►cccniM~~-t~~~~~ oo9a~

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 41 of 54
it, uh, eh, eh, eh, and as I said before you can't read every, you can't believe everything

you read in the press. But here it says [00:04:00], most of the expenditures are

undetermined. And this statement was given to the press I suppose by a lady by the

name of, by a person by the name of Kim G-R-A-N-I-O.

Now, if that's incorrect. This is information going out to the public. And most public

people believe what they read in the paper. So if this is inaccurate then it is encumbered

upon this board, or somebody here to correct it. (cough) I have a prepared statement

here. And I sent this statement to all of the board members via email.

Speaker 2: Mr. Townzel would you like those statements entered into the public

Speaker 3: Yes sir. I would like ... Everything I say here to be included in the public record. In the

minutes of the board. Uh, this thing says Mr. President, members of the board,

Chancellor Glassburg, ladies and gentlemen. My name is Charles Townzel. Representing

tonight, the political action committee of the state conference of the NAACP, and

myself. M-Y-S-E-L-F. My last visit with you a month ago, I expressed my concern that

there were no African American college presidents in the system.

I'm still, I still maintain this concern and would suggest to you tonight that the next

president hired in the district be African American. I know your response, or some

responses. "We must hire the best qualified." I know. [00:06:00] I've done that myself.

I've hired the best qualified. Black, blue, pink, white, or brown.

They were hired, uh, we must hire the best, I know. But you should Know that some of

the presidents you have are not necessarily competent or qualified. They were hired

because they were white or Hispanic. I'm asking you to do the same for African

Americans. I'm confident the person will be competent and qualified.

Back in the 60s and 70s, I went out on recruiting African American educators for school

districts, colleges, and universities who sought to integrate their faculties and staffs. If

there are no outstanding African Americans in the district who could be promoted just

as the chancellor was, you should send out some recruiters.

My second concern is Dr. [inaudible 00:07:07]. And I read your document about how

you should handle situations of this nature. I sent an email to board members and the

chancellor asking the board to look into this matter. I asl<the chancellor to reconsider

his decision. I spoke with Mr. Lamm and Mr. Bert. The chancellor did not respond to my

email. A sign of disrespect and incompetence. The education code stipulates that only

the board can hire and fire employees.

Even thought Dr. Martinez has not been fired, not yet. She's [inaudible 00:07:53] to

having been fired. The board has a founduciary responsibility [00:08:00] to protect the

interest of its employees. No one should be placed in the position that Dr. M, Martinez

finds herself. Every employee at Phoenix College should be supporting Dr. Martinez.

One of them will be next.

2

MCCCD/Martinez 00948

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 42 of 54
In fact, the whole district should be up in arms about the miscarriage of justice. Is the

environment in the district so toxic that people are afraid to speak up and speak out?

Where has the board been in this saga? Dr. Martinez, on March 25th, asked the board

and I quote, "Accordingly I asked the board to intervene in my case to rescind the

chancellors suspension, and at the very minimum allow me to present proof of what

have stated here."

think at that same meeting [inaudible 00:09:06], in that letter that Dr. Mar, Martinez

read to the board. I think she had indicated that they, somebody wanted to fire her

initially. (coughing) And that committee that she went before, exonerated her. And then

somebody came along that were going to punish her anyway, and puts heron

suspension.

Now, I'm asking the board to look at that suspension policy and see if you violated that

by not paying her while she's on suspension. I've only seen her once in my life, and that

when, that's when she addressed this board on March 25th. But one thing I do know,

what happened to her is an outrage. Has this board responded to her request? If not

[00:10:00], that's an outrage.

And as I indicated to you on March 25th, I have a heart condition. And let me say tonight

that I'm going to be ashamed to die Knowing that Dr. Martinez's suspension has not

been rectified by the chancellor and this board. And so should you. Thank you.

Speaker 2: Thank you. (clears throat) That's the, eh, uh, last of those, eh, in the public, uh, form.

Uh, uh, announcing substitutions tonight in the, uh, the EC. We have, uh, Dr. Daniel Core

for Jane Geller. Bill Crawford for Linda Luhan. Clay Goodman for Ernie Laura. And Tony

Asty for Steven Gonzales. (coughing) Now moving on to the agenda. Do we have a

motion to approve the agenda as presented?

Speaker 4: [inaudible 00:10:59]

3

MCCCll/Ma►~tinez 00949

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 43 of 54
Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 44 of 54
Case 2:15-cv-01759-NVW Document 14-11 Filed 11/04/15 Page 1 of 3

Christina M. Haines ~~ PHo~ N ~x ~~ ~~ ~~ Acting President

~~

C O L L E G E

VIA HAND DELIVERY

August z5, 2015

Dr. Cleopatria Martinez

Mathematics Faculty MPxnber

Phoenix College

Dear Dr. Martinez,

On December g, zoia, after receiving the recommendations of an Administrative Review team, the College

president issued a memorandum directing you to use only course materials approved by the department, that

are available in the bookstore for sale to the students and that are authored by persons other than yourself A

copy of that memorandum is attached, and its terms are incorporated in this memorandum. The attached

directive has never been cancelled by a Phoenix College president, and it remains in force and effect until

cancelled in writing. This memo is intended to prevent any misunderstanding on your part that I intend to

enforce the directive.

Also, I am informed that a corrective action was issued to you, for selling copies of materials to your students in

violation of the MCCCD cash handling rules, and that you remain in violation of a related directive to

reimburse the students the money you collected. I will be working with the appropriate officials to address that

concern. You may avoid disciplinary action Uy immediately reirribursing the students directly, or by authorizing

the district to do so by deducting money from your paycheck and transferring the announts due to the students.

In the event reimbursement is not connpleted (or authorization is not forthcoming) immediately, I will take

such action as necessazy.

Regards,

Ms. Chris Haines

Interim President

Attachments: 2

cc: Dr. Casandra Kakar

Mr. Paul DeRose

Mr. Wilbert Nelson

Mr. Joe Sueyoshi

Mr. Lee Combs

Ms. LaCoya Shelton-Johnson

MAIN CAMPUS AC DOWNTOWN GO F'AR, CLOSE TU HOME

1202 West Thomas Road CAMPUS 

phoenixcollege.edu

Phoenix, A7 85013 640 North 1 51 Avenue

(602) 285-7761 Phoenix, AZ 85003 A Maricopa Community College

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 45 of 54
Case 2:15-cv-01759-NVW Document 14-11 Filed 11/04/15 Page 2 of 3

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Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 46 of 54
Case 2:15-cv-01759-NVW Document 14-11 Filed 11/04/15 Page 3 of 3

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Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 47 of 54
Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 48 of 54
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Edmundo I'. Robaina (018125)

Thomas T. Griffin (No. 022475)

ROF3AINA & KRESIN PI,LC

5343 North 16'x' Street, Suite 200

Phoenix, Arizona 85016

Telephone: (602) 682-6450

Facsimile: (602) 682-6455

epr cr,i-obainalaw.com

ttg~robainalaw.com

Attorneys for Plaintiff

Cleopatri~ Martinez,

Plaintiff,

VS.

UNITED STATES DISTRICT COURT

DISTRICT CAF ARIZONA

Maricopa County Community College

District, a political subdivision of the

State, and Rufus Glasper and Debra

Glasper, husband and wife,

Defendants.

No. CV 15-01759 NVW

PLAINTIFF'S ANSWERS TO

llEFENllANTS' FIRST

F2EQU~STS FOR ADMISSION

TO PLAINTIFF

Pursuant to Arizona Rule of Civil Procedure 34, Plaintiff Cleopatria Martinez

hereby submits her Responses to Defendants Requests for Admissions, as follows:

~'I2EFATORY STATI+;MCNT

Plaintiff and leer attoi•n~ys have not completed investigation of the facts relating

to this case and have not completed discovery in this action. All of the responses

contained herein are based solely upon information presently available to and

specifically known by Plaii~tiif and her attorneys at this time.

The following responses to Defendants' Requests for Admission to Plaintiff are

given without prejudice to Pl~Lintift~'s ri~llt to pt•oduce witnesses and evidence, tl~e

significance of which are only subsequently discovered or discerned. Plaintiff therefore

reserves the right to modify any or all responses made herein as additional facts are

obtained, analyses are n~acie, legal research is completed acid contentio~~.s ar•e developed.

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 49 of 54
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Thus, tl~e responses contained herein are made in a good faith effort to supply such

factual information as is presently known, but should in no way be interpreted to

prejudice Plaintit~'s rights in relation to future discovery, research, or analysis.

Plaintiff will supplement or amend these responses, as required by Arizona Rules

of Civil Procedure, to reflect witnesses, facts or evidence ascertained following service

of these responses. In addition, because some of the information used to respond to

these requests may have been ascertained by Plaintiff's counsel, Plaintiff may not have

personal lcnowled~;e of the information upon which those responses are based.

Further, the inadvertent disclosure of privileged information or release of

privileged documents shall not constitute 1 waiver of any applicable privilege. Plaintiff

fu~•ther refers Defendants to Plaintiffs initial disclosure statement and documents

produced therein.

REQUESTS FOR AllMISSION

RL+"QUEST FOR ADMISSION NO. 1: Admit that you were represented by attor~ley

Stephen Montoya at the November 18, 2013 Hearing Committee.

RESPONSE:

Admit x Deny

REQUEST FOR AllMISSION NO. 2: Admit that attorney Stephen Montoya

appeared before the MCCCD Uoverning Board on March 25, 2014 and spoke on your

behalf.

RESPONSE:

Admit Deny x

Plaintiff objects to this Request because the meanings of "appeared" Ind

"spoke on your behalfl' are vague and subject to mare tha~a one meaxzing. Mr.

Montoya did not "appear" ~t the March 25, 2014 MCCCD Governing BoaY~d

meeting as ~n attorney would appear before a deciding body in azi admi~~istrative

matter. Nor did he state tli~t he was there to z•epresent Dr•. Martinez. Iu fact, lie

►a

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 50 of 54
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never mentioned Dr. Martinez during his brief presentation. Instead, Mr.

Montoya spoke in generalities as a "concerned citizen" during the maximum 5

minute "Citizen's IYiterim." See i+~xlubit A to Def'endant's First Request for

Admission.

REQUEST FOR ADMISSION NO. 3: Admit that you appeared before the MCCCD

Governing Board on March 25, 2014.

RESPONSE:

Admit x Deny

Plaintiff objects to lliis Regriest bec~irse the meaning of "appeared" is vague

and subject to more th~►n one me~nin~. Dr. Mart►nez did not represe~it he~~setf at

the M.a~•cli 25, 2014 MCCCD Governing Board meeting ~s an employee before a

body deciding ari ~dministr~tive muter. Instead, she only spoke during the

maximum 5 minute "Citizen's Intea~in~." See Exhibit A to Defendant's First

Request for Admission.

REQUEST FOR AllMISSION NO. 4: Admit that a true and correct excerpted

transcript of what you and Mr. Montoya said to the MCCCD Governing Board on

March 25, 20 L4 is attached hereto as Exlirbit A.

RESPONSE:

Admit x Deny

Plaintiff cannot vouch for the accuracy of the transcript; Plaintiff has no

pa~•ticular reason to doubt ~t this time that it is generally correct.

REOU~ST FOR AllMISS10N NO. 5: Admit that Dr. Charles Townzel appeared

before the MCCCD Governing Board on May 27, 2014 and spoke on your behalf.

r~~acnn~rcr, .

l~C~1111t Deny :e

3

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 51 of 54
1 Plaiaitiff objects to this Request because the .meanings of "appe~i•eci" and

2 "spoke on your behalf' are vague and subject to more than one meaning. Dr.

3 Charles Townsel of the NAACP, who was not a lawyer and did not represent Dr.

4 MaY~tinez, spoke at tl~e May 27, 2014 Governing Board meeting during the

5 maximum 5 minute "Citizens' Interim" regarding, among other things, t~is

h concern regardi~ig Dr. Martinez's situation. See Exhibit B to Defendant's First

'7 Request for Admission.

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9 :REQUEST i'OR ADMISSION NO. 6: Admit that a true and correct excerpted

10 transcript of what Dr. Townzel said to the MCCCD Governizig Board on May 27, 2014

11 is attached hereto as ~xhrbit I3.

12 RESPONSE:

13 Admit x Iaeny

14 Plaintiff cannot vouch for the ~tecuracy of the t►•az~script, but Plaintiff' leas no

] 5 particular reason to doubt at this time that it is generally correct.

16

17 RLQU~ST FOR ADMISSION NO. 7: Admit that you appeared before the MCCCD

18 Governing Board on October 28, 2014.

19 RESPONSE:

20 Adroit x Deny __

21 Pl~iintiff objects because the meaning of "appeared" is vague end subject to

22 more than one meaning. Ur. Martinez dicl not ~•epresent herself at the March 25,

23 2014 MCCCD Gover►iing Board meeting as an employee before a body deciclixig ~n

24 ~tciministrative inattei•. I~istead, she only spoke duri►ig the maximum S minute

25 "Citizen's Interim". See exhibit C to Uefe~id~nt's First Request for Admission,

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27 REQUEST I~'OR ADMISSION NO. S: Adi~lit that Dr•. Charles Townzel appeared

28 before the MCCCD Governing Board on October 28, 2014 and spoke on youk• behalf,

4

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 52 of 54
1 RE~PON~E:

2 ndinit Deny x

3 Plaintiff objects to this Request because the meanings cif "appeared" and

4 "spoke an your behalfl' ~Y°e vague. Di•. Chaz•les Townsel of the NAACP, wlio was

S not a lawyer and did ziot 1°present Dr. Martfnez, spoke at the October 28, 2014

6 Governing Board meet~►►~ during the Anaximurn 5 minute "Citizens' Interim"

7 regarding, among other th►ngs, his concern regarding Dr. Maa•t~nez's situation. See

$ Exhibit C to Defendant's ~+'irst Request for Admission.

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10 Rl~Q~1ES'~' TOR ADMI"~ION NO. 9: Admit that a true and correct excerpted

11 transcript of what you and Dr. Townzel said to the MCCCD Governing Board on

12 October 28, 2014 ~s attached 1lereto as Exhibit C.

13 RESPONSE:

14 Ad~~ait x Deny

15 Plaintiff cannot vaucl~ for tlae accuracy of the transcript but Plaintiff has no

16 p~rticulaa~ reason to c~oubl at this time that it is generally cot•rect.

17

18 Dated this 26t" day of May 2016.

19 ROBAINA & KRESIN PLLC

21 Edmundo Robaina

Thomas Griffin

22

~3 Attorneys for Plaintiff

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S

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~~L~tTIFICATE OF SE~dVICE

I hereby certify that on the 2Eth day of May 2U 16, the forgoing document way

sent by U. S. Marl to:

Favneet Singh Uppal

Shayna H. Balch

FISHER & PHII.,LI1'~ LLP

2U 1 East Washington Street, Suite 1450

Phoenix, Arizona 85Q04-2330

puppal@laborlawyez ;s. com

sbalch@laborlawy~r~.com

.~.ttorneys for Defcnd~r~ts

`'~ f~~; - _

Case 2:15-cv-01759-NVW Document 73-12 Filed 03/03/17 Page 54 of 54