THE TRUTH ABOUT OUR “REORGANIZATION” AND MATHUR’S
APPOINTMENT--REVEALED IN LEGAL DECLARATIONS [complete and unexpurgated; underlining
added. --The editor.]:
Concerns the BROWN ACT cases.
DECLARATION OF TERRENCE J. BURGESS
I, TERRENCE J. BURGESS, declare as follows:
1. I have served as the Vice President of instruction at
Irvine Valley College since 1987 and I held this position during all times
relevant to this matter. I am currently serving as the President of Chabot
College in Hayward, California. I accepted this position in March of 1998.
2. In May of 1997, during an executive meeting of the
three Vice Presidents and interim President Mathur, Mathur directed me to
develop a plan for the reorganization of the administrative structure of the
college. Mathur stated that he wanted me to develop a plan to institute a “Dean
Model” for the College. Mathur stated that he wanted to have a plan
available because there had been some discussion…among the Board [members]
relevant to the shift to a “Dean Model” at Irvine Valley College. At that time,
the college was divided into ten academic divisions that were administered by
ten faculty chairpersons. This administrative structure was referred to as the
“Chair Model”.
3. Specifically, Mathur directed me to develop two plans
that would involve the elimination of the ten separate academic divisions and
the elimination of the faculty chairpersons. He directed me to create one model
consisting of four divisions and a second model consisting of five divisions.
According to Mathur, a “Dean” rather than a faculty member would administer
each of the divisions. Additionally, Mathur directed me to calculate the costs
attendant to a Four-Dean Model and a Five-Dean Model as compared to the costs
associated with the Chair Model. Mathur stated that he wanted to have a plan
available as soon as possible.
4. At the May 13, 1997 public meeting of the Instructional
Council, I placed the topic of reorganization on the agenda for public
discussion. At that time, the Instructional Council consisted of the ten
faculty chairpersons of each academic division and the other college
administrators. I served as chairperson of the council. After discussion, the
Council unanimously recommended that the planning process to develop and implement
an administrative reorganization of this magnitude would require the advice and
consultation with the faculty (Academic Senate), the classified staff
(secretarial and other support staff), the administration, and the Associated
Student Government. Due to the fact that the summer break began the following
week, the Council voted unanimously to delay the discussion and planning
process until the Fall of 1998 when the faculty, staff, and students returned
from the summer recess. I carried the recommendation from the Council to
interim President Mathur.
5. On June 3, 1997, I received a formal, written reprimand
from interim President Mathur. As justification for the reprimand, interim
President Mathur stated that the development of the plan to eliminate the ten
academic divisions and create four or five new divisions was supposed to be
developed in confidence. During a meeting with interim President Mathur, I
stated that the initial directive to develop the administrative reorganization
plans did not include the direction that the plans were confidential. At that
time, I explained that the development of plans to reorganize the
administrative structure at the college would require the consultation with the
various constituencies that would be directly affected. Interim President
Mathur reiterated that the plan was to have been developed in confidence and he
refused to withdraw the reprimand.
7. Interim President Mathur directed me to confidentially
continue the development of the plan to eliminate the ten academic divisions at
the college and to create four or five new academic divisions. I subsequently
complied with Mathur’s directives and confidentially developed the two
administrative reorganization plans as well as the information comparing the
costs of the two types of Dean Models with the costs of the Chair Model. I
submitted the information to Mathur.
8. On July 7, 1997, interim President Mathur distributed a
memorandum to all college personnel stating that the discussion pertaining to a
Dean Model would be delayed until the Fall of 1998. Since I knew that Interim
President Mathur’s public announcement to delay the planning process was
deceptive [my emphasis], when I developed the administrative reorganization
plans for the college, I modified the names of the academic divisions so that I
could subsequently identify my work. For example, I deliberately modified the
name of the School of Social and Behavioral Sciences to the School of Social
Sciences. I [deliberately] eliminated the School of Life Sciences And
Technologies…as I submitted my plan to interim President Mathur on June
16,1997.
9. On July 16,1997, the Board Majority adopted the five-dean
model that I had prepared at Mathur’s direction. President Mathur had submitted
a copy of my plans to the Board Majority and they adopted the five-dean model
without modification, including the deliberate changes I had made in the names
of the academic divisions. [My emphasis.]
10. On Friday, September 5, 1997, Trustee David Lang
contacted me by telephone at my office. He stated that he wanted to meet with
me, Dean Pamela Deegan, and Vice President Robert Loeffler as soon as possible.
We discussed the possibility of scheduling the meeting on Monday, September 8,
1997; however he stated that a meeting on September 8, 1997 would be “too
late”. Trustee Lang stated that the meeting had to occur before that date. We
arranged to meet that afternoon on September 5, 1997 at a restaurant in Irvine
California. I contacted Dean Deegan and Vice President Loeffler and we met with
Trustee Lang on September 5, 1997.
11. At the meeting on September 5, 1997, Trustee Lang stated
that Trustee Williams, on behalf of the Board Majority, had contacted him
regarding the appointment of Mathur as the president at Irvine Valley College.
Trustee Williams stated that the Board Majority had agreed to appoint Mathur to
the position of president at the September 8,1997 meeting. Trustee Lang stated
that the Board Majority was concerned with the consequences attendant to a 4 to
3 vote for the Mathur appointment and that they were interested in reaching a
compromise. Trustee Lang stated that the Board Majority promised to renew my
administrative contract and the administrative contract of Dean Deegan if the
Board Minority would agree to vote with the Majority on the Mathur appointment
or abstain from voting against Mathur.
12. Dean Deegan and I refused to allow the renewal of our
administrative contracts to be exchanged for the Board Minority’s promise to
support (or not oppose) the Mathur appointment. We urged Trustee Lang to reject
the compromise offered by the Board Majority.
13. On August 22, 1997, Chancellor Lombardi informed me that
the Board Majority would not renew my administrative contract in June of 1998.
14. During the meeting on September 5, 1997, Trustee Lang
also stated that Trustee Williams had promised to support Lang for Board
Treasurer in the upcoming December 1997 elections in exchange for Lang’s
assistance in obtaining a unanimous appointment for Mathur.
15. On Saturday, September 6, 1997, I received a telephone
call from Chancellor Robert A. Lombardi. Our refusal on September 5, 1997 of
the compromise or promise offered by the Board Majority was communicated to him
and during our 30-minute conversation Chancellor Lombardi tried to persuade me
to accept the Board Majority’s compromise. On behalf of Dean Deegan and myself
I refused to accept the compromise. I subsequently contacted Dean Deegan by
telephone on Saturday, September 6, 1997 to discuss the contents of my
discussion with Chancellor Lombardi. Dean Deegan again reiterated her refusal
of the compromise offered by the Board Majority.
16. The Board Majority. did not renew my administrative
contract on February 17,1998.
I declare under penalty of perjury under the law of the
State of California that the foregoing is true and correct.
Executed this 11th day of September, 1998 at Irvine,
California.
(Signed)
Terrence J. Burgess
I, PAMELA F. DEEGAN, declare as follows:
1. I have served as the Dean of Instructional Programs at
Irvine Valley College since September 1993 and I held this position during all
times relevant to this matter. I am currently serving as the Dean of
Instructional Services at Santiago Canyon College in Orange, California. I
accepted this position in July of 1998.
2. On Friday, September 5, 1997, Vice President Burgess
contacted me to arrange a meeting with Trustee Lang. Vice President Burgess
stated that the meeting had to take place before Monday, September 8, 1997. I
agreed to meet with them on September 5, 1997 at a restaurant in Irvine,
California.
3. At the meeting on September 5, 1997, Trustee Lang stated
that Trustee Williams, on behalf of the Board Majority, had contacted him
regarding the appointment of Mathur as the president of Irvine Valley College.
Trustee Lang stated that the Board Majority had agreed to appoint Mathur to the
position of president at the September 8, 1997 meeting. Trustee Lang stated
that the Board Majority was concerned with the consequences attendant to a 4 to
3 vote for the Mathur appointment and that they were interested in reaching a
compromise. Trustee Lang stated that the Board Majority had promised to renew
my administrative contract and the contract of Vice President Burgess if the
Board Minority would agree to vote with the Majority on the Mathur appointment
or abstain from voting against Mathur.
4. Vice President Burgess and I refused to allow the renewal
of our administrative contracts to be exchanged for the Board Minority’s
support of the Mathur appointment. We urged Trustee Lang to reject the compromise
offered by the Board Majority.
5. During the meeting on September 5, 1997, Trustee Lang
also stated that Trustee Williams had promised to support Lang for Board
Treasurer in the upcoming December 1997 elections in exchange for Lang’s
assistance in obtaining a unanimous appointment for Mathur.
6. On Saturday, September 5, 1997, I received a telephone
call from Vice President Burgess. He informed me that Chancellor Lombardi had
contacted him and had attempted to persuade us to accept the compromise offered
by the Board Majority. I told Vice President Burgess that I was not interested
in the compromise offered by the Board Majority and that I was resolute in my
decision.
7. On November 17, 1997, Chancellor Lombardi informed me
that the Board Majority was considering non-renewal of my administrative
contract in June of 1998.
8. In March of 1998, I was reassigned from the Dean of
Instructional Programs at Irvine Valley College to Director of Emeritus at
Saddleback College.
I declare under penalty of perjury under the law of
California that the foregoing is true and correct.
Executed this 17[th] day of September, 1998 at Irvine,
California.
(Signed)
Pamela F. Deegan
DECLARATION OF ROBERT D. LOEFFLER
I, ROBERT D. LOEFFLER, declare as follows:
1. I have served as the Vice President of Business Services
at Irvine Valley College since 1988 and I held this position during all times
relevant to this matter. I am currently serving as the Vice President of
Business Services at Chabot College in Hayward, California. I accepted this
position in August of 1998.
2. In May of 1997, during an executive meeting of the three
Vice Presidents and interim President Mathur, Mathur directed Vice President
Burgess to develop a plan for the reorganization of the administrative
structure of the college. Mathur stated that he wanted Vice President Burgess
to develop a plan to institute a “Dean Model” for the College. Mathur stated
that he wanted to have a plan available because there had been some discussion
among the Board relevant to the shift to a “Dean Model” at Irvine Valley
College.
3. Specifically, Mathur directed Vice President Burgess to
develop two plans that would involve the elimination of the ten separate
academic divisions and the elimination of the faculty chairpersons. He directed
Vice President Burgess to create one model consisting of four academic
divisions and a second model consisting of five academic divisions. According
to Mathur, a “Dean” rather than a faculty member would administer each of the
divisions. Additionally, Mathur directed Vice President Burgess to calculate
the cost attendant to a Four-Dean Model and a Five-Dean Model as compared to
the costs associated with the Chair Model. Mathur stated that he wanted to have
a plan available as soon as possible.
4. On Friday, September 5, 1997, Vice President Burgess
contacted me to arrange a meeting with Trustee Lang. Vice President Burgess
stated that the meeting had to take place before Monday, September 8, 1997. I
agreed to meet with them on September 5, 1997 at a restaurant in Irvine,
California.
5. At the meeting on September 5, 1997, Trustee Lang stated
that Trustee Williams, on behalf of the Board Majority, had contacted him
regarding the appointment of Mathur as the president of Irvine Valley College. Trustee
Lang stated that the Board Majority had agreed to appoint Mathur to the
position of president at the September 8, 1997 meeting. Trustee Lang stated
that the Board Majority was concerned with the consequences attendant to a 4 to
3 vote for the Mathur appointment and that they were interested in reaching a
compromise. Trustee Lang stated that the Board Majority had promised to renew
administrative contracts of Vice President Burgess and Dean Deegan if the Board
Minority would agree to vote with the Majority on the Mathur appointment or
abstain from voting against Mathur.
6. Vice President Burgess and Dean Deegan refused the deal
offered by Trustee Williams on behalf of the Board Majority.
7. During the meeting on September 5, 1997, Trustee Lang
also stated that Trustee Williams had promised to support Lang for Board
Treasurer in the upcoming December 1997 elections in exchange for Lang’s
assistance in obtaining a unanimous appointment for Mathur.
I declare under penalty of perjury that the foregoing is
true and correct.
Executed this 8th day of September, 1998 at Irvine,
California.
(Signed)
Robert D. Loeffler
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