OGLALA LAKOTA COLLEGE
Regular Board of Trustees
August 24, 2006
BOARD PRESENT BOARD ABSENT STAFF PRESENT OTHERS
Bridgette Mills Emma Clifford (excused) Thomas Shortbull Steven Sandven
Richard Iron Cloud Emma Sam Arlene Quist
Ernie Little Monna Patton Dr. Gerald Giraud
Dennis Brewer Karlene Janis
Eileen Janis
Newton Cummings
Bennette Sierra
Gerald One Feather 5:30 p.m.
Pete Red Willow 5:35 p.m.
Pheobe Tallman 5:50 p.m.
PLACE: Piya Wiconi, Kyle, S.D.
1. CALL TO ORDER
Mr. Newton Cummings, Chairman, called the meeting to order at 5:20 p.m.
2. INVOCATION
Mr. Richard Iron Cloud gave the invocation.
3. APPROVAL OF MINUTES
Ms. Eileen Janis made a motion to approve the minutes of the July 29, 2006 Regular Board of Trustees meeting. Mr. Dennis Brewer seconded the motion.
Vote: 7 for; Against: 0 Not Voting: 0 Motion Carried
4. Request to seat Ed Iron Cloud on the Board of Trustees as the Tribal President Representative
Mr. Shortbull presented a letter from Alex White Plume requesting that Ed Iron Cloud be seated on the Board of Trustees as the Tribal President Representative. (See Attachment A)
Mr. Steven Sandven presented a legal memorandum on this issue to the Board of Trustees. (See Attachment B)
Mr. Shortbull informed the Board that Mr. Iron Cloud will have a conflict of interest coming onto the Board until OLC’s buffalo are sold off in September.
Ms. Eileen Janis made a motion to seat Ed Iron Cloud. Ms. Bridgette Mills seconded the motion.
Vote: 4 for; Against: 2 Not Voting: 3
Mr. Sandven was next asked whether the vote constituted an affirmative vote. Mr. Shortbull then stated that Robert Rules of Order and the OLC’s By-Laws needed to be looked at as to whether the vote was an affirmative vote. The College Attorney, Steven Sandven, then stated that the By-Laws provide that an affirmative vote is a majority of the Board members present for the Board meeting. He also stated that under Robert Rules of Order, the abstaining votes must be counted as a negative vote. Based on these provisions, Mr. Sandven stated that the just concluded vote is not an affirmative vote as there were only 4 affirmative votes out of the 9 Board members present.
Ms. Eileen Janis next made a motion to table the seating of Ed Iron Cloud until the next Board meeting with a signed disclosure and background check needed to be completed by Mr. Iron Cloud before the Board will taken action to seat him. Mr. Gerald One Feather seconded the motion.
Vote: 8 for; Against: 1 Not Voting: 0 Motion Carried
Mr. Bennett Sierra made a motion to add the requirements under the By-Laws that Board member needs to get background check before their seated onto the Board of Trustees. Mr. Pete Red Willow seconded the motion.
Vote: 7 for; Against: 0 Not Voting: 2 Motion Carried
Ms. Pheobe Tallman entered the meeting at 5:50 p.m.
5. FINANCE
Mr. Shortbull presented the Finance Committee Minutes to the Board for approval (See Appendix I). As the Dorm bid was referred to the full Board of Trustees, Mr. Shortbull recommended that the Committee minutes be approved and then deal with the referred item.
Mr. Bennett Sierra made a motion to approve the Finance minutes with the exception of #1 Dorm Bids. Ms. Eileen Janis seconded the motion.
Vote: 10 for; Against: 0 Not Voting: 0 Motion Carried
Mr. Shortbull presented a bid summary for the Dormitories from Todd Hesson with Encompass Architect and his recommendations for reducing the size of the project to come in under $1,5 million. (See Attachment C)
Ms. Eileen Janis made a motion to go with one building and have it located in Pine Ridge. Mr. Dennis Brewer seconded the motion.
Vote: 9 for; Against: 1 Not Voting: 0 Motion Carried
Mr. Dennis Brewer made a motion to give Todd Hesson the authority to give the notice to proceed with RCS Construction for the Dorm project after receiving the President’s approval. Mr. Bennett Sierra seconded the motion.
Vote: 9 for; Against: 0 Not Voting: 1 Motion Carried
6. PROGRAM POLICY
Mr. Shortbull presented the Program Policy Committee minutes to the Board for approval. (See Appendix II)
Mr. Dennis Brewer made a motion to approve the Program Policy minutes as presented. Mr. Ernie Little seconded the motion.
Vote: 10 for; Against: 0 Not Voting: 0 Motion Carried
7. PERSONNEL
Mr. Shortbull presented the Personnel Committee Minutes to the Board for approval. (See Appendix III) As there was a referred item to the Full Board, Mr. Shortbull recommended approving the Personnel Committee minutes and then dealing with the referred item.
Mr. Ernie Little made a motion to approve the Personnel Committee minutes with the exception of the referred item #2 of the personnel recommendations Steve Hernandez – Center Director for Pejuta Haka College Center. Mr. Pete Red Willow seconded the motion.
Vote: 10 for; Against: 0 Not Voting: 0 Motion Carried
Mr. Gerald One Feather made a motion to go into executive session. Mr. Ernie Little seconded the motion.
Vote: 10 for; Against: 0 Not Voting: 0 Motion Carried
Entered into Executive Session at 6:15 p.m.
Out of Executive Session at 6:35 p.m.
Mr. Eileen Janis made a motion to hire Steve Hernandez for the Pejuta Haka College Center Director position. Mr. Pete Red Willow seconded the motion.
Vote: 5 for; Against: 4 Not Voting: 1 Motion was defeated
Ms. Eileen Janis made a motion to refer the personnel recommendation #2 Steve Hernandez – Center Director for Pejuta Haka College Center to the next Board of Trustees meeting. Mr. Gerald One Feather seconded the motion.
Vote: 10 for; Against: 0 Not Voting: 0 Motion Carried
Mr. Shortbull presented the Plant Maintenance Director Vacancy announcement that was not presented at the Personnel Committee meeting and recommended moving to the Special Administrator scale to the board for approval. (See Attachment D)
Mr. Pete Red Willow made a motion to approve the Plant Maintenance Director Vacancy announcement to the Special Administrator scale. Mr. Dennis Brewer seconded the motion.
Vote: 10 for; Against: 0 Not Voting: 0 Motion Carried
8. REPORTS AND ANNOUNCEMENTS
Mr. Shortbull presented one employee resignation.
9. OLD BUSINESS
Mr. Shortbull updated the Board on the Architect Plans for the Rapid City Extension center and recommends giving Todd Hesson the authority to give the notice to proceed to Scull Construction for the Rapid City project after receiving the President’s approval.
Mr. Bennett Sierra made a motion to approve giving Todd Hesson the authority to give the notice to proceed to Scull for the expansion on the Rapid City Extension center after receiving the President’s approval. Mr. Ernie Little seconded the motion.
Vote: 10 for; Against: 0 Not Voting: 0 Motion Carried
10. NEW BUSINESS
Mr. Shortbull presented the Board Elections, Appointment of Election Committee, & Election Schedule to the board for approval. (See Attachment E)
Mr. Gerald One Feather made a motion to approve the Board Elections, Appointment of Election Committee, & Election Schedule. Mr. Ernie Little seconded the motion.
Vote: 10 for; Against: 0 Not Voting: 0 Motion Carried
10. SCHEDULE OF NEXT MEETING: TIME, DATE, AND PLACE
Finance Committee–Monday, September 18, 2006–3:30p.m. –Pine Ridge College Center
Program Policy Committee–Monday, September 18, 2006–4:30p.m. -Pine Ridge College Center
Personnel Committee-Tuesday, September 19, 2006-5:00p.m. -Piya Wiconi
Board of Trustees-Thursday, September 21, 2006-5:00p.m. -Piya Wiconi
11. ADJOURNMENT
Mr. Bennett Sierra made a motion to adjourn the meeting. Mr. Gerald One Feather seconded the motion.
Vote: 10 for; Against: 0 Not Voting: 0 Motion Carried
The Board of Trustees meeting adjourned at 6:45 p.m.
Respectfully Submitted,
Karlene Janis
Recording Secretary
ATTEST:
Mr. Newton Cummings