mission statement - brazosport

MISSION STATEMENT Brazosport College exists to improve quality of life by providing associate and baccalaureate degree programs, academic transfer programs, job-skills training, and cultural enrichment in an efficient and cost-effective manner. The board, faculty and staff are committed to student success by responding to student needs, creating a dynamic learning environment, exceeding expectations, and enriching our community.

Brazosport May 15, 2008

Board of Regents Brazosport College

Members of the Board:

A regular meeting of the Brazosport College Board of Regents is scheduled for Monday, May 19, 2008, at 6:30 p.m., in Room 104, in the Brazosport College Corporate Learning Center, located in Lake Jackson, Texas. After the Open Session, the Board will convene in Executive Session in Room 105. After the Executive Session, the Board will reconvene in Open Session in Room 104.

The agenda is as follows:

1. Roll Call

2. Invocation

3. Approval of Minutes

April 21, 2008 May 5, 2008

4. Communications

None

5. Informational Reports

a. Enrollment Reports

(1) Community Education Courses. The Director, Community Education, reports the following enrollment for the Community Education Program for April 2008.

April 2006 2007 2008Students – Month 433 162 114 Students - YTD 3,115 2,894 2,572

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(2) Center for Business/Industry Training. The Director, Center for Business/Industry Training, reports the following enrollment and participant hours for April 2008.

2007 2008Enrollment for Month 2,062 1,550Enrollment Year-to-Date 6,981 5,263Participant Hours for Month 14,443 13,531Participant Hours Year-to-Date 57,212 48,165

b. Report of Taxes Collected. On pages 10-13 is the report of taxes collected for the month of April 2008.

c. Report of Unfilled Positions. The Dean, Human Resources and Payroll, on page 14, reports on vacant positions that are currently being advertised.

d. Fund Development Report. On pages 15 and 16, the Assistant to the President and Director of Development reports on fund development activities of the Brazosport College Foundation for the months of April and May 2008.

e. Approval of New Teachers for Community Education Program. The Director, Community Education, on page 17, reports on four new teachers for the Community Education Program.

f. ALLP Report. The Director, Community Education, on page 18, reports on activities of the ALLP Program during 2007-2008. This program serves senior citizens of the Brazosport area.

g. Annual Honors Program Report. The Director, Honors Program, on pages 19-20, reports on the 2007-2008 academic year Honors Program.

h. Bookstore Performance. On pages 21-22 is a communication from the Dean, Administrative and Business Services, relating to the performance review of the Texas Book Company’s management of our bookstore over the past year. This material is provided for your information.

i. Budget Preparation for 2008-2009. Budget documents were reviewed by the Deans’ Council and explanations were provided for all new requests. Work continues on preparing the complete document for the Board’s workshop on the budget to be held during the regularly scheduled board meeting on June 16, 2008 at 6:30 pm.

j. Emergency Plan Update. On page 23, the Dean, Information and Community Resources, provides an Emergency Plan Update.

k. Endowment Investment Update. Information on the performance and allocation of the college endowment funds has been provided to the Board. The material was prepared by Mr. Hal Lynde, Morgan Keegan & Co., Inc. Mr. Lynde will be present at the meeting to review the material and respond to questions.

l. BASF Center for Process Technology. The groundbreaking ceremony for the BASF Center for Process Technology will be held on Tuesday, June 24, 2008 at 10:00 a.m. on the college campus.

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m. Guest Artists Series 2008-2009. Tickets went on sale May 1, 2008 for The Clarion at Brazosport College’s 2008-2009 Guest Artist Series. Vorin Dornan will be present to provide information.

n. Welcome to the New College Year Dinner. The annual dinner to begin the new academic year will be held at 6:30 p.m., Monday, August 25, 2008 at the Corporate Learning Center. Each Board member and his/her spouse or guest is invited to attend.

o. 2008 ACCT Leadership Congress. The Association of Community College Trustees Leadership Congress will be held in New York City on October 29 - November 1, 2008. Conference details will be communicated at a later date.

6. President’s Report

Oral

7. Audience to Patrons and Petitions

None

8. Unfinished Business

Consideration and possible actions regarding Construction Project Management Services for College Master Plan Projects including, but not limited, to possible award of contract or actions regarding future negotiations. The Board interviewed three firms for consideration as Project Manager for the Master Plan at a special meeting on May 5, 2008. Since then, staff entered into negotiation of terms and services with IDC, Inc.

9. New Business

a. Consideration and adoption of an Order Authorizing the Issuance, Sale and Delivery of Brazosport College District Limited Tax Bonds, Series 2008 and Containing Other Matters Related Thereto. On pages 24-55 is an Order Authorizing the Issuance, Sale and Delivery of Brazosport College Limited Tax Bonds, Series 2008 prepared by the College’s Bond Counsel.

It would be appropriate for the Board of Regents to approve the Order Authorizing the Issuance, Sale and Delivery of Brazosport College District Limited Tax Bonds, Series 2008 and Containing Other Matters Related Thereto.

b. Canvass Election Results. On May 10, 2008, an election was held for positions 1, 4, 5, and 6 of the Brazosport College District Board of Regents. Brazoria County will provide official returns to the college. This information will be distributed at the meeting.

c. Administration of Oath of Office to Board Members. The Oath of Office for the recently re- elected Board members will be administered to Lucilla Henderson, Harry F. Koester, Jr., Lillian Lockett, and Sharon Rogers by the Chairman of the Board.

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d. Election of Board Officers. Board policy states that the Board shall elect Board officers from its members at the next regular meeting following election of Regents.

Board policy further states that the College President shall serve as secretary and chief executive administrator of the Board.

Election of a Chairman and Vice Chairman for two-year terms will be in order.

e. Sick and Personal Leave Policy Revisions. Revisions to Board Policy DEC (LOCAL) include the work of the Sick Leave Policy Task Force. Also included in the revisions is language on FMLA leave for members of military families.

After the second reading of Board Policy DEC (LOCAL), and approval by the Board, it is recommended that revisions to the policy become effective September 1, 2008.

This policy is presented for first reading at this time.

Proposed Policy – additions and changes are in italics and bold

FULL-TIME An employee may be defined as being in full-time EMPLOYMENT employment when: 1. Faculty -- employed a minimum of 75% of the equivalent of a full

teaching load as interpreted for that discipline or faculty position. 2. Administrative or support staff – employed a minimum of 75% of

2080 hours annually or an equivalent portion of the hours remaining when employed during the academic year.

SICK All full-time employed personnel shall be eligible for sick and personalLEAVE, leave and other authorized absences as outlined in these policies upon PERSONAL beginning their assigned duties and thereafter during their continuous LEAVE AND LEAVE employment. Contractual personnel on less than twelve-month FOR CRITICAL assignment shall be considered continuously employed as long as ILLNESS OR they fulfill the terms of their contract. Deductions from the final paycheck DEATH IN FAMILY may be made for unearned leave taken by employees leaving the ELIGIBILITY employment of Brazosport College.

PART-TIME An employee regularly employed for 50% (1040 hours annually) or moreEMPLOYEES basis, but less than 100% of the time shall be entitled to leave benefits as specified under this policy and as specified at the time the employee

exceeds 1039 hours in the fiscal year.

Part-time Employees not defined as full-time regularly employed on a less than 50% (1039 hours annually) basis shall have no eligibility for benefits under this policy.

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ACADEMIC An academic year shall be defined as that period of time included in the YEAR District’s calendar published in the catalog for the respective year

including time for faculty workshops.

EXCUSED Contract personnel shall earn 96 hours of sick leave credit annually. ABSENCE Non-contract employees in positions requiring 12 months of service WITHOUT shall earn sick leave credit at a rate of 8 hours each month and employees REDUCTION IN in positions requiring less than12 months of service shall earn a prorated PAY: portion of 8 hours each month. An employee must be on active duty or SICK LEAVE in a paid leave status on the 15th day of the month to receive the sick leave credit. Sick leave may also be used for maternity purposes.

USE OF SICK Sick leave earned in the current academic year may be used for LEAVE personal illness or injury of the employee or for absences related to care of an immediate family member. Immediate family are those family members as defined in this policy. Additional days, normally not to exceed thirty working days, may be

granted upon recommendation of the President and approval of the Board for unusual hardship cases.

Unused sick leave may accumulate accrue to a maximum of 720 hours. Accrued sick leave is reserved for employee use and may not be used for absences related to care of immediate family members.

Upon termination, resignation, or retirement of employment, if the employee has used more sick leave than the amount actually earned, a deduction for such excess will be made from the final paycheck.

Sick leave that has been earned but not taken has no cash value and is not paid to the employee upon termination, resignation, or retirement.

VERIFICATION Leave shall be granted under this policy when an employee's condition OF REASONS due to injury, illness, or pregnancy prevents the employee from FOR ABSENCE satisfactorily performing assigned duties. Certification of the condition by

a physician licensed to practice in Texas may be required. The certification shall state whether the employee has a condition that impairs the ability of the employee to perform assigned duties and shall specify the probable date when the employee is expected to return to work.

The District may, if an employee's condition interferes with the performance of assigned duties, require the employee to submit to an examination by a District-designated physician. If the doctor designated by the District, after the examination paid for by the District, determines that the employee's condition is such that he can perform assigned duties satisfactorily, leave with pay shall be terminated.

MEDICAL The District may seek information about a current employee’s medical EXAMINATIONS condition when it is job related and consistent with business necessity.

This means that the District must have a reasonable belief based on

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objective evidence that: (i) an employee will be unable to perform the essential functions his or her job because of a medical condition; or (ii) the employee will pose a direct threat because of a medical condition. In these situations, the inquiries or examinations must not exceed the scope of the specific medical condition and its effect on the employee’s ability, with or without reasonable accommodation, to perform essential job functions or to work without posing a direct threat.

The determination that an employee poses a direct threat must be based on an individualized assessment of the employee's present ability to safely perform the essential functions of the job. This assessment must be based on a reasonable medical judgment that relies on the most current medical knowledge and/or best objective evidence. Any medical examination, however, must be limited to determining whether the employee can perform his/her job without posing a direct threat, with or without reasonable accommodation. The District must pay all costs associated with the employee's visit(s) to a health care professional designated by the District. Additionally, the District shall pay the employee's wages for absences taken as a result of any medical examination required by the District.

A supervisor who believes that an employee's health condition interferes with the employee's work shall notify the College President. The President shall, in conjunction with the Human Resources Department, determine an appropriate course of action, which may include conferring with the employee, directing that a medical examination be arranged, or taking other action consistent with this policy and federallaw.

If the medical examination substantiates that the employee has a condition that prevents him or her from performing the essential functions of the employee's position, the employee may be placed onleave if the employee is otherwise eligible for such leave. If the medical examination substantiates that the employee needs a reasonable accommodation to continue performing the essential functions of his job, then the employee and Human Resources Department shall engage in an interactive process to determine what accommodations are reasonable under the circumstances.

MANDATORY If an employee's immediate supervisor believes that the employee's healthSICK LEAVE condition interferes with or is preventing the employee from rendering

satisfactory service in performing assigned duties, the supervisor shall advise the College President of the situation. The College President shall conduct such investigation as deemed appropriate and if the investigation substantiates the opinion of the employee's immediate supervisor, the College President shall recommend to the employee that the employee take sick leave.

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If the employee declines to take sick leave, the President may require the employee to submit to an examination by a designated physician to determine whether the employee's condition interferes with the performance of assigned duties. If the doctor designated by the District, after the examination paid for by the District, determines that the employee's condition interferes with the performance of assigned duties, the employee may be required to begin sick leave under provisionsprovided herein.

An employee required to begin sick leave under the provisions of this section will, before beginning sick leave, have an opportunity to present testimony or other information to the College President relevant to the employee’s fitness for duty.

RETURN FROM An employee shall be required to return to work when the employee's SICK LEAVE condition no longer prevents or interferes with the employee's performing assigned duties. Failure to return to work under these conditions is

grounds for termination of employment or discontinuance of benefits under this policy.

PERSONAL Full-time employees may charge a maximum of 18 hours of sick leave per LEAVE academic year for personal leave. Personal leave shall mean an event or

condition that requires the employee’s presence during the workday and is of such nature that it can not be attended to after working hours or on weekends. Personal leave must be scheduled with the approval of the immediate supervisor. Unused personal leave will accrue as sick leave, not as personal leave, if the 720 hours maximum has not been reached.

Requests to take a personal day must be submitted in advance to the employee's supervisor, unless a genuine emergency exists. Supervisors will consider the operational and instructional needs of the District when determining whether to approve a request to take personal leave.

SICK LEAVE OR The President is authorized to establish an optional sick leave poolINJURY POOL program for the benefit of full-time employees. The pool is intended to provide additional paid leave for employees who experience illness or injury. The pool does not apply to employees receiving Workers’

Compensation benefits.

Full-time employees (as defined by the College) may request to use hours from the pool only after exhausting all accrued and unused sick leave, vacation leave, and, when applicable, compensatory time. The maximum number of hours available to be drawn from the pool is 80 hours over the employee’s tenure at the college. Unused hours will be returned to the pool.

Full-time employees may contribute a maximum of sixteen (16) hours annually to the pool.

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Use of leave from the pool will at all times be contingent upon the availability of hours. Requests to draw from the pool must be supported by medical certification of a licensed health care provider establishing the existence of a qualifying illness or injury.

A qualifying illness or injury are those conditions as defined by the FMLA “Serious Health Condition” as outlined in this policy.

Any abuse of the pool will be subject to disciplinary action, up to and including termination. Employees who misuse the pool benefits by misrepresenting their condition, providing fraudulent information, or

continuing to use pool benefits when they are able to return to duty are subject to disciplinary action, up to and including termination.

CRITICAL An employee absence due to a critical health conditions or death in the ILLNESS OR immediate family, within a limit of five days (40 hours) per year, may be DEATH IN THE given with no loss of pay. Critical health conditions shall be definedFAMILY as those of serious consequence in which life or death is at stake. The

dictionary definition of critical is "of a crisis." The definition of crisis is "turning point in a disease toward life or death."

Absences not approved as outlined above shall be deducted accordingly tothe method described below.

Each day of absence extending beyond five days (40 hours) approved by the College President may will be classified as leave without pay.

A full day’s salary (based on 20 working days per month) of the individual’s base monthly salary shall be deducted for each day of absence. A salary deduction using an annual daily rate for classified employees does not alter in any way the employment-at-will provision of Board policy.

IMMEDIATE The term “immediate family” shall include: FAMILY 1. Spouse. 2. Son or daughter, including a biological, adopted, or foster child, a son-

or daughter-in-law, a stepchild, a legal ward, or a child for whom the employee stands in loco parentis.

3. Parent, stepparent, parent-in-law, or other individual who stands in loco parentis to the employee.

4. Sibling, stepsibling, sibling-in-law. 5. Grandparent and grandchild. 6. Any person residing in the employee’s household at the time of illness

or death. PROFESSIONAL The College President shall be authorized to approve or disapprove LEAVE attendance of District personnel at meetings, conferences, or events on

subjects within the area of the employee's assignment. When personnel

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are on approved professional leave, no deduction of pay shall be made. All such approvals shall be made in writing.

JURY DUTY Time off without charge to leave will be granted to employees who serve on juries or who receive subpoenas to testify in a legal proceeding in state or federal court. Leave should be limited to that part of each day required for actual jury or witness duty. The employee shall provide reasonable advance notice to his or her supervisor of receipt of a jury

summons or subpoena. The employee shall be released from assigned duties as necessary with no loss of salary or reduction in leave.

The District shall not discharge, discipline, or otherwise penalize an employee because the employee complies with a lawful summons order to appear for jury duty.

LEAVE Absence from duty for any reason not approved under the leave policyWITHOUT shall be taken as leave without pay. A full day's salary (based on 20 PAY working days per month) of the individual’s base monthly salary shall be

deducted for each day of leave. A salary deduction using an annual daily rate for classified employees does not alter in any way the employment-at-will provision of Board policy.

An employee who wishes to be considered for an uncompensated leave not otherwise permitted by this policy shall submit the request to the College President prior to the absence. Approval of the leave shall be at the discretion of the College President.

RELIGIOUS The College District shall reasonably accommodate an employee’s OBSERVANCES request to be absent from duty in order to participate in religious

observances and practices, so long as it does not cause undue hardship on the conduct of College District business. Such absence shall be without pay unless applicable paid local leave is available.

NON-FMLA Full-time employees who have been employed by the District at least ELIGIBLE ninety (90) days and who have exhausted all paid leave and who are notEMPLOYEES eligible for FMLA leave shall be entitled to receive up to 200 120 hours of

unpaid leave with employer paid benefits, provided that the employee has a “serious health condition” as defined by this policy. Leave under this provision is not available to care for one’s child or other family member. Employees seeking leave under this provision are subject to all rules and procedures in this policy that pertain to the taking of FMLA leave for one’s own serious health condition, including, but not limited to, the rules and procedures pertaining to notice, medical certification, recertification, return to work, failure to return from leave, and job restoration.

At the end of this period, if the employee does not return from the unpaid

leave, the employee is subject to termination it will be deemed that the

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employee has resigned from the position and the position will be eligible for advertisement for replacement or elimination.

FAMILY AND An employee who has been employed by the District for at least 12 MEDICAL months and for 1,250 hours during the previous 12- month period, shall LEAVE ACT (FMLA) be entitled to a total of 12 workweeks of leave, without loss of

employment benefit accrued prior to the beginning of the leave, during any 12-month period for one or more of the following reasons:

1. For the birth of an employee’s child, including caring for the newbornchild and for the placement with the employee of a child for adoption or for foster care provided the leave is taken within 12 months of the birth, adoption, or placement of the child. By agreement between the employee and the District, this leave may be taken intermittently or on a reduced leave schedule.

2. To care for the employee's spouse, child, or parent if the spouse, child or parent has a serious health condition. These relationships shall be defined as follows:

a. The term "spouse" means a husband or wife, as the case may be.

b. The term "child" means a biological, adopted, or foster son or daughter, a stepchild, a legal ward, or a child of a person standing in loco parentis who is under 18 years of age, or 18 years of age or older and incapable of self-care because of mental or physical disability.

c. The term "parent" means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child. The term does not include “parents-in-law.”

Persons who are in “loco parentis” include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.

3. Because of the employee's serious health condition, that makes the employee unable to perform functions of his or her position.

METHODS FOR The District elects a rolling the college fiscal year as theDETERMINING 12-month period for which the 12-week leave entitlement ENTITLEMENT occurs. PERIOD

SERIOUS For the purposes of FMLA, a "serious health condition" means an HEALTH illness, injury, impairment, or physical or mental condition CONDITION that involves:

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1. Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (inability to work, attend school, or perform other regular daily activities due to the serious health condition, treatment therefore or recovery therefrom) or any subsequent treatment in connection with such inpatient care; or

2. Continuing treatment by a health care provider for a period of incapacity (as described above) for any one or more of the following:

a. More than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also involves:

i. Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider: or

ii. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

b. Pregnancy or prenatal care.

c. Treatment for such incapacity due to a chronic serious health condition (i.e., a condition that requires periodic visits for treatment by a health care provider, continues over an extended

period of time, and may cause episodic rather than a continuing period of incapacity).

d. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective and for which the employee or family member is under the continuing supervision of a health care provider including, but not limited to,

Alzheimer’s, a stroke, or the terminal states of a disease).

e. The purpose of receiving multiple treatments by a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer, severe arthritis, or kidney disease.

HEALTH For FMLA leave purposes, a "health care provider" is defined as CARE PROVIDER any of the following:

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1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the state of Texas.

2. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist) authorized to practice in the state of Texas and performing within the scope of their practice as defined by state law.

3. Nurse practitioners and nurse-midwives and clinical social workers authorized to practice under state law and performing within the scope of their practice as defined by state law.

4. Christian Science practitioners who are listed with the First Church of Christ, Scientist in Boston Massachusetts.

5. Any health care provider from whom an employer or the employer’s group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits; and

6. A health care provider listed above who practices in a country other than the United States, who is authorized to practice in accordance with the law of that country, and who is performing within the scope of his or her practice as defined under such law.

BOTH SPOUSES A husband and wife who are eligible for FMLA leave and EMPLOYED IN both employed in the District may be permitted to take only a THE DISTRICT combined total of 12-weeks of leave during any 12-month period if the

leave is taken:

1. For the birth of a son or daughter or to care for the child after birth.

2. For the placement of a son or daughter with the employee for adoption or foster care, or to care for the child after placement.

3. To care for a parent (but not a "parent-in-law") with a serious health condition.

Where the husband and wife both use a portion of the total 12-week entitlement for one of the purposes noted above, each spouse shall be entitled to the difference between the amount he or she has taken individually and 12 weeks of FMLA leave for a purpose other than those listed above.

NOTICE TO THE The District shall post and keep posted in conspicuous places on each EMPLOYEE OF campus where notices to employees are usually posted, a noticeFMLA RIGHTS approved by the Secretary of Labor that sets out excerpts from or

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summarizes of the Family and Medical Leave Act and information pertaining to the filing of a charge.

EMPLOYEE An employee seeking leave must explain the reason for the leave so as NOTICE TO THE to allow the College the opportunity to determine whether the leave COLLEGE OF THE qualifies under the FMLA. When an employee provides insufficient NEED FOR LEAVE information regarding the reason for leave, the College may ask the employee for additional information to determine whether the leave is potentially FMLA-qualifying. If the employee is incapacitated and unable to provide information, the College may seek additional information from the employee’s family or other representative as appropriate.

FORESEEABLE An employee shall provide at least 30 days notice before LEAVE FMLA leave is to begin if the need for leave is foreseeable based on the

expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or family member. If 30 days notice is not practicable, such as because of not knowing approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable.

“As soon as practicable” means as soon as possible and practical taking into account all of the facts and circumstances in the individual case. Ordinarily, it would mean at least verbal notification to the employer within one or two business days or when the need for leave becomes known to the employee.

LEAVE THAT IS When the need for leave, or its approximate timing, is not foreseeable, NOT FORESEEABLE an employee shall provide notice to the District as soon as practicable under the facts and circumstances of the particular case. Ordinarily, notice shall be provided within no more than one or two working days of

learning of the need for leave. Notice should be provided either in person or by telephone, telegraph, “fax” machine, or other electronic

means.

MEDICAL The District ordinarily will may require a certification issued CERTIFICATION by the health care provider of the spouse, child, parent, or employee that

the employee is needed to care for the spouse, child, or parent or, in case of leave for the employee's condition, that the employee is unable to perform the essential functions of his or her position as defined by the FMLA. The certification shall include the date on which the serious health condition began, the probable duration of the condition, and the appropriate medical facts within the provider's knowledge regarding the condition.

When the need for leave is foreseeable, the employee must return the completed medical certification before beginning the leave. When the

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need for leave is not foreseeable, the employee shall return the completed medical certification within 15 calendar days of receipt. Failure to return the completed form may result in denial of leave and loss of job protection. The employee shall in a timely manner provide a copy of the certification to the District.

RECERTIFICATION The District may request recertification at any reasonable interval, but not more often than every 30 days, unless more frequent recertification is warranted because:

1. The employee requests an extension of leave.

2. Circumstances described by the original certification have changed significantly (e.g., the duration or nature of the illness or complications).

3. The District receives information that casts doubt upon the continuing validity of the certification.

RETURN TO WORK If the reason for leave is the employee's serious health condition, Human Resources shall inform the employee at the commencement of the FMLA leave that he or she will need to submit a fitness-for-duty certification from his or her health care provider prior to returning to duty and that failure to submit the certification could delay reinstatement.

The District shall uniformly require, as a prerequisite for reinstating employees whose FMLA leave was due to their own serious health condition, medical certification of their ability to resume work.

CONCURRENT The District shall designate any paid leave to which the USE OF PAID employee is entitled as substituting for and running LEAVE AND FMLA concurrently with all or some portion of the employee's LEAVE FMLA leave entitlement.

INTERMITTENT An employee may take leave intermittently or on a reduced LEAVE leave schedule when medically necessary to care for a spouse, parent, or

child or to receive planned medical treatment for him/herself.

If an employee requests leave to care for a spouse, parent, or child or because of his or her own serious health condition that is foreseeable based on planned medical treatment the District may require the employee to transfer temporarily to an available alternative position offered by the District for which the employee is qualified and that has equivalent pay

and benefits and better accommodates recurring periods of leave than the employee's regular employment position.

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CHILD CARE/ The District may allow eligible employees to take ADOPTION intermittent leave for childcare and/or adoption purposes.

MAINTENANCE During any period that an eligible employee takes FMLA the OF HEALTH District shall maintain coverage under any "group health plan" BENEFITS for the duration of the leave at the level and under the conditions that

coverage would have been provided if the employee had continued in active duty with the District.

FAILURE TO When permitted by law, the District may recover its share of RETURN FROM health care premiums paid during a period of unpaid LEAVE FMLA leave if an employee fails to return to work after his or her

FMLA leave entitlement has been exhausted or expires. When an employee fails to return to work, except for the reasons stated above, health premiums paid by the District

during a period of FMLA leave are a debt owed the District and/or State of Texas by the non returning employee, and may be recovered by the District and/or State of Texas through deduction of any sums due the employee or through legal action.

RETURN TO An employee who takes FMLA under these provisions is POSITION entitled to be restored to the position held when the leave commenced or

to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

Employees must give notice of their intent to return to duty before expiration of the FMLA leave. The employee ordinarily shall give two business days' notice of his or her projected date of return. Such notice is necessary to minimize potential workplace disruption and to allow for the smooth transition of assignments from other employees to the returning employee.

DENIAL OF The District may deny restoration to "key employees," as RESTORATION described below, and to any employee who fails to provide a fitness-for-

duty certificate to return to work, if such is required by the District.

A "key employee" is a salaried FMLA-eligible employee who is among the highest paid 10 percent of all District employees within 75 miles of the employee's worksite. Key employees may be denied restoration to their original or equivalent positions under the following conditions:

1. At the time FMLA leave is requested (or FMLA leave begins, if earlier), the employee has received written notice that he or she is a "key employee" and has been informed of the potential consequences with respect to reinstatement and maintenance of health benefits if the District determines that substantial and grievous economic injury will

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result to District operations if the employee is reinstated from FMLA leave.

2. The Board, upon recommendation of the President, determines that denial of restoration is necessary to prevent substantial and grievous economic injury to the District.

3. On making the determination that injury would occur, the District notifies the employee in writing, either in person or by certified mail, of its intent to deny restoration to employment on completion of FMLA leave. The notice must explain the basis for the Board's finding of injury and must provide the employee a reasonable time in which to return to work, taking into account the circumstances, such as the length of leave and the urgency of the need for the employee to return.

4. If the employee does not return to work in response to the District's notice, he or she continues to be entitled to maintenance of health benefits at the State's expense. The employee's FMLA rights continue unless and until the employee gives notice he or she no longer wishes to return to duty or the District actually denies restoration at the end of the leave period.

5. An employee who has received notice as set out at item 3 above is still entitled to request reinstatement at the end of the leave period. The District must then determine whether it will suffer substantial and grievous economic injury from reinstatement based on the facts at that time. If such a determination is made, the District shall notify the employee in writing (in person or by certified mail) of denial of restoration.

EXTENDED LEAVE FMLA-eligible employees, who have exhausted all paid andAFTER EXPIRATION FMLA leave, shall be entitled to receive up to a maximum of 600OF FMLA LEAVE 520 additional hours of unpaid leave (excluding employer paid ABSENCE BEYOND benefits), provided that the employee continues to have a “serious FMLA ELIGIBLE health condition” as defined in this policy. Leave under thisLEAVE provision is not available to care for one’s child or other family member.

Employees seeking leave under this provision are subject to all rules and procedures in this policy that pertain to the taking of FMLA leave for one’s own serious health condition, including, but not limited to, the rules and procedures pertaining to notice, medical certification, recertification, return to work, failure to return from leave, and job restoration.

An employee who is unable to return to duty or perform the essential functions of his or her job after expiration of the period of extended leave is subject to termination, unless the employee is entitled to additional leave as may be required by the Americans with Disabilities Act or other law.

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OTHER Absences not covered by the above policies shall be subject ABSENCES to approval at the discretion of the College President.

FEDERAL Any person who is absent from a position of employment by reason MILITARY of voluntary or involuntary service in the uniformed services (the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Services, and any other category of persons designated by the President in time of war or emergency) shall be entitled to certain reemployment rights and benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) if: 1. The person (or an appropriate officer of the uniformed service in

which such service is performed) has given advance written or verbal notice of), such service to the District (unless notice is precluded by military necessity or its otherwise reasonable or impossible

2. The cumulative length of the absence and of all previous absences from a position of employment with the District does not exceed five years; and

3. The person reports to or submits an application for reemployment to the District and complies with the appropriate procedural requirements that apply under the circumstances.

In determining the “period of service” the District will comply with the Act.

A person who is reemployed under the Act is entitled to the seniority and other rights and benefits determined by seniority that the person had on the date of the commencement of service in the uniformed services plus the additional seniority and rights and benefits that such person would have attained if the person had remained continuously employed.

The District is not required to reemploy a person if:

1. The District’s circumstances have changed so as to make reemployment impossible or unreasonable;

2. The reemployment of such person would impose an undue hardship on the District; or

3. The employment from which the person leaves to serve in the uniformed services is for a brief, non-recurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period.

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The District will provide any employee requesting leave under the Act with information concerning the employee’s rights and obligations under the Act.

STATE MILITARY All employees of the District who are members of the state LEAVE: SHORT military forces or of the reserve components of the United States TERM Armed Forces shall be granted a leave of absence from their duties

without loss of time, efficiency rating, vacation time, or salary on all days during which they are engaged in authorized training or duty ordered or authorized by proper authority, not to exceed 15 days in a federal fiscal year.

Such employees who are ordered to duty by proper authority shall be restored, when relieved from duty, to the position held by them when ordered to duty.

STATE MILITARY Any employee, other than a temporary employee, who leaves LEAVE: LONG a position with the District to enter active military service is TERM entitled to be reemployed by the District in the same position held at the

time of the induction, enlistment, or order, or to a position of similar seniority, status, and pay. To be entitled to reemployment, the employee must be discharged, separated, or released from active military service under honorable conditions not later than the fifth anniversary after the date of induction, enlistment, or call to active military service and must be physically and mentally qualified to perform the duties of the position.

An employee who cannot perform the duties of the position because of a disability sustained during military service is entitled to reemployment in the District in a position that the employee can perform and that has like seniority, status, and pay as the former position or the nearest possible seniority, status, and pay.

To be reemployed, a veteran of the state military must apply for reemployment not later than the 90th day after the date the veteran is discharged or released from active state military service. Application must be made in writing to the College President and have attached to it evidence of the veteran’s discharge, separation, or release from state military service under honorable conditions.

A person reemployed after active state military service shall not be discharged without cause before the first anniversary of the date of the reemployment.

“Military service” means service as a member of the Armed Forces of the United States, Texas National Guard, the Texas State Guard, or a reserve component of the Armed Forces of the United States.

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LOCALGOVERNMENT ENTITY

FMLA LEAVE FOR In January 2008, the FMLA was amended to permit eligibleMEMBERS OF employees to take up to 26 weeks of leave during any 12-monthMILITARY FAMILIES period to care for a service member who is the spouse, son, daughter,

parent or next of kin of the employee while the service member is undergoing treatment or is on the temporary disability retired list for a serious injury or illness. The FMLA amendments provide that Military Family Leave may be taken only within a single 12-month period. The FMLA amendments also provide that an eligible employee may take up to 12 weeks of leave in any 12-month period in the event of a “qualifying exigency” arising from the fact that a spouse, son, daughter, or parent of the employee is on active duty or ordered to active duty in the armed forces in support of a military operation.

The Department of Labor has not yet issued regulations involving these amendments. Employees should consult with the College's Human Resources Department for additional information about this form of leave.

f. Relations with Government Agencies and Authorities: Emergency Management. Presented for consideration is policy GGE (LEGAL). The purpose of this policy is to give the college authority to provide aid assistance on request from another local government entity during an emergency situation.

This policy is presented for first reading at this time.

RELATIONS WITH GOVERNMENTAL AGENCIES AND AUTHORITIES GGE (LEGAL)EMERGENCY MANAGEMENT

MUTUAL AID A District that maintains the capability to provide mutual aid may render mutual aid to other local government entities under mutual aid agreements or the Texas Statewide Mutual Aid System. Gov’t Code 418.107(c)

The District may provide mutual aid assistance on request from another local government entity or organized volunteer group. The President, with the approval and consent of the Board President, may provide that assistance while acting in accordance with the policies, ordinances, and procedures established by the Board. Gov’t Code 418.109(d)

DEFINITIONS “Local government entity” means a county, incorporated city, independent school district, emergency services district, other special district, joint board, or other entity defined as a political subdivision under the laws of this state that maintains the capability to provide mutual aid.

MUTUAL AID “Mutual aid” means a homeland security activity, as defined by Government Code 421.001, performed under the system or a written mutual aid agreement.

Gov’t Code 418.004

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REQUESTS FOR A request for mutual aid assistance may be submitted verbally ASSISTANCE or in writing. If a request is submitted verbally, it must be confirmed in

writing not later than the 30th day after the date the request was made. Gov’t Code 418.115

ABILITY TO When contacted with a request for mutual aid assistance, aRENDER District shall assess local resources to determine availability ASSISTANCE of personnel, equipment, and other assistance to respond to the request.

A responding local government entity may provide assistance to the extent personnel, equipment, and resources are determined to be available. A local government entity is not required to provide mutual aid assistance unless the entity determines that the entity has sufficient resources to provide assistance, based on current or anticipated events in its jurisdiction.


SUPERVISION When providing mutual aid assistance under the system: AND CONTROL 1. The response effort must be organized and function in accordance with

the National Incident Management System guidelines;

2. The personnel, equipment, and resources of a District being used in the response effort are under the operational control of the requesting local government entity unless otherwise agreed;

3. Direct supervision and control of personnel, equipment, and resources and personnel accountability remain the responsibility of the designated supervisory personnel of the District.

4. The designated supervisory personnel of the District shall:

a. Maintain daily personnel time records, material records, and a log of equipment hours;

b. Be responsible for the operation and maintenance of the equipment

and other resources furnished by the District; and c. Report work progress to the requesting local government entity; and

1. The District’s personnel and other resources are subject to recall at any time, subject to reasonable notice to the requesting local government entity.


DURATION OF AID The provision of mutual aid assistance under the system may continue until:

1. The services of the District are no longer required; or

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2. The District determines that further assistance should not be provided.


EMPLOYEE A person assigned, designated, or ordered to perform dutiesRIGHTS AND by the District employing the person in response to a request PRIVILEGES under the Texas Statewide Mutual Aid System is entitled to receive the same

wages, salary, pension, and other compensation and benefits, including injury or death benefits, disability payments, and workers’ compensation benefits, for the performance of the duties under the system as though the services were rendered for the entity employing the person.

The District employing the person is responsible for the payment of wages, salary, pension, and other compensation and benefits associated with the performance of duties under the system.


REIMBURSEMENT If the division of emergency management in the office of the OF COSTS governor requests the provision of assistance and the District responds, the

state shall reimburse the actual costs of providing assistance, including costs for personnel, operation and maintenance of equipment, damaged equipment, food, lodging, and transportation, incurred by the District. A request for reimbursement made to the division must be made in accordance with procedures developed by the division. Gov’t Code 418.118

If a local government entity requests mutual aid assistance from the District under the system, the requesting local government entity shall reimburse the actual costs of providing mutual aid assistance to the District, including costs for personnel, operation and maintenance of equipment, damaged equipment, food, lodging, and transportation, incurred by the District in response to a request for reimbursement. Local government entities with a mutual aid agreement when the request for mutual aid assistance is made are subject to the agreement’s terms of reimbursement, as provided by Government Code 418.111. Gov’t Code 418.1181

EMERGENCY This section applies only to an appointed public officer: MANAGEMENTTRAINING 1. Whose position description, job duties, or assignment includes

emergency management responsibilities; or

2. Who plays a role in emergency preparedness, response, or recovery.

An appointed public officer shall complete a course of training provided or approved by the division of emergency management in the office of the governor of not less than three hours regarding the responsibilities of state

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and local governments under this chapter not later than the 180th day after the date the person:

1. Takes the oath of office, if the person is required to take an oath of office to assume the person’s duties as an approved public officer; or

2. Otherwise assumes responsibilities as an appointed public officer, if the person is not required to take an oath of office to assume the person’s duties.

The division or other entity providing the training shall provide a certificate of course completion to public officers who complete the training required by this section. A public officer who completes the training required by this section shall maintain and make available for public inspection the record of the public officer’s completion of the training.

Not later than January 1, 2009, each public officer who has taken the oath of office for a District office before January 1, 2008, and who is required to complete a course of training under this section must complete the training.

Government Code 418.005

[See CGC for emergency management within the District]

SAFETY PROGRAM CGC (LEGAL) EMERGENCY PLANS

FIRE ESCAPES The Board shall ensure that each school building shall have such fire escapes as are required by law. Health and Safety Code 791.002, 791.021

g. Personnel.

(1) Employment. On page 56 is a communication from the Dean, Educational Programs and Services, recommending the employment of Christine Webster for the 2008-2009 academic year, with an assignment in Early Childhood. A biographical summary and position notice are included on pages 57 and 58.

The President joins in this recommendation.

(2) Resignation. On page 59 is a communication from Leslie Carter, Coordinator of Student Life and Intramural Programs, announcing her resignation effective August 1, 2008.

It will be appropriate for the Board to approve Ms. Carter’s resignation.

(3) Resignation. On page 60 is a communication from Sam Chamberlain, Director, Center for Business/Industry Training, announcing his resignation effective May 16, 2008.

It will be appropriate for the Board to approve Mr. Chamberlain’s resignation.

mission statement - brazosport

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