Thursday, September 17, 1998

SOCCCD Brown Act Declarations: September 1998 (Burgess, Deegan, Loeffler)


From the ‘Vine 10, October 6, 1998

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.


6. Interim President Mathur then directed me to inform the instructional Council that he would accept their recommendation to delay the planning process relevant to the reorganization until the Fall of 1998 when the faculty, staff, and students returned from summer break. I subsequently informed the Council that interim President Mathur had accepted their recommendation to delay the planning of an administrative reorganization until the Fall of 1998.

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


DECLARATION OF PAMELA F. DEEGAN

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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