BOARD OF TRUSTEES PUBLIC MEETING Public Agenda

BOARD OF TRUSTEES ACTION E/SA2Approval Date: May 5, 2020Resolution:To approve a corrective action plan for the New Jersey Department of Education Office ofFiscal Accountability and Compliance for the Carl D. Perkins Grant FY2018.Submitted ByDr. Anthony Ross, Interim PresidentDr. Brock Fisher, Vice President of Academic AffairsMr. Wilton Thomas-Hooke, Managing Director of FinanceDr. William J. Yakowicz, Director, Grants AdministrationAction RequestedAuthorize Corrective Action Plan and repayment of funds.JustificationThe New Jersey Department of Education, Office of Fiscal Accountability and Compliance completeda fiscal audit of the Carl D. Perkins Grant of the Bergen Community College covering the period July1, 2017 through June 30, 2018. The resulting report, dated March 12, 2020, contained five findingsand recommendations which resulted in disallowment of funds expended in the amount of 9,853.83.The total amount disallowed was offset by 6,348.08 in unreimbursed program costs, resulting in anet recovery amount of 3,505.75 to be repaid to the NJ Department of Education. Findings includethe following:1. Unallowable travel costs were improperly charged to the FY 2017-2018 Carl D. Perkins grant.2. Adequate documentation was not provided which demonstrates that certain costs charged tothe grant are allocable to the federal alvard and represents an allowable cost.3. Payroll costs incurred for a student were improperly allocated to the Perkins grant incontravention of departmental guidelines.4. An individual membership fee was allocated to the Perkins grant in contravention ofdepartmental guidelines.5. The grantee incorrectly posted expenditure on its Perkins general ledger which impacted theFinal Report as well.A draft of the Corrective Action Plan is attached.

NEW JERSEY DEPARTMENT OF EDUCATIONOFFICE OF FISCAL ACCOUNTABILITY AND COMPLIANCECORRECTIVE ACTION PLANNAME OF SCHOOL DISTRICT: Bergen Community CollegeTYPE OF EXAMINATION: Carl Perkins Grant FY 2018 AuditDATE OF BOARD MEETING: May 5, 2020CONTACT PERSON: William YakowiczTELEPHONE NUMBER: (201) 612-5253RECOMMENDATIONNUMBER1BCC must improveprocedures to ensurethat all Perkinsexpendituresrepresent allowableprogram costs andconform torequirementscontained in theGuidelines.CORRECTIVE ACTIONREQUIRED BY THEBOARDMETHOD OFIMPLEMENTATIONProcedures are in place toensure funded travel doesnot exceed federallyapproved per diem ratesfor hotel, meals andmileage.The College has created aPerkins Grant Guide toincrease faculty and staffawareness and access togrant guidelines. Also, therequired pre-travelapproval forms arereviewed and adjusted ifnecessary, to ensure thatper diem rates are notexceeded. If unusualcircumstances requireexceeding the per diemrate, documentation isPERSONRESPONSIBLE FORIMPLEMENTATIONCOMPLETIONDATE OFIMPLEMENTATIONBrock Fisher andWilton ThomasHookeJuly 2019

required by the travelerfor approval prior totravel.2BCC must ensure thatexpenses charged tothe Perkins grantsconform to therequirements setforth in the UGG, 2C.F.R. 200 et seq.and supportauthorized programactivities.The college will return tothe state the amount of 3505.75 for disallowedexpenditures.The required pre-travelBrock Fisher andand post-travel approvalWilton Thomasforms are reviewed toHookeensure that travel requestsare consistent with theapproved travel eventspecified in theapplication. Itemizeddocumentation must beprovided to ensure that anappropriate level ofreview can be completedfor reasonableness andnecessity of costsincurred. Costs deemedunreasonable will not beapproved or reimbursedusing grant funds.July 2019Bergen will not permitstudents to fill Perkinsapproved positions.All hires related to thePerkins grant must beformally approved by theJuly 20193BCC must improveprocedures toprovide reasonableWilliam Yakowiczand GwendolynHarewood

assurance that allPerkins expendituresrepresent allowableprogram costs andconform torequirementscontained in theGuidelines.HR, Finance and GrantDepartments to ensureconformance to guidelines.4BCC must improveprocedures to ensurethat all Perkinsexpendituresrepresent allowableprogram costs andconform torequirementscontained in theGuidelines.Procedures are in place toensure funded travel doesnot include membershipfeesThe required pre-travelapproval forms arereviewed and adjusted ifnecessary, to ensure thatmembership fees are notincluded in registrationfees and/or amountsreimbursed by the grant.William YakowiczJuly 2019Procedures are in place toensure that allexpenditures are beingrecorded and reportedcorrectlyA detailed tracking sheetcontains both the BergenCommunity Collegeaccount object code aswell as the Perkins Grantbudget code. These arereconciled monthly toensure that items areWilton ThomasHooke and WilliamYakowiczJuly 20195BCC must establish asystem of internalcontrol sufficient toprovide reasonableassurance that itreports complete andaccurate financial

information toNJDOE.coded and recordedcorrectly at the time ofreimbursement requestand for final reportingpurposes.CHIEF SCHOOL ADMINISTRATORBOARD SECRETARY/SCHOOL BUSINESS ADMDATEDATE

BOARD OF TRUSTEES ACTION: Institutional 1Approval Date: May 5, 2020ResolutionRevision of College Policy: Smoking Policy.Submitted ByDr. Anthony Ross, Interim PresidentMr. William Corcoran, Vice President, Facilities Planning, Operations & Public SafetyMs. Gwendolyn Harewood, Director of Human Resources & Employee RelationsDr. Drorit Beckman, Executive Assistant to the Executive Vice PresidentMr. Ian Wolf, Coordinator of Student Conduct and InformationAction RequestedTo revise the College Policy: Smoking Policy.JustificationThis policy revision reflects new smoking media, such as electronic smoking devices, as well as theCollege’s commitment to become a 100% smoke-free campus.See attached policy.

OLD POLICY - TO BE REMOVEDBergen Community CollegeBoard of TrusteesSection B:Personnel/Human Resources PoliciesBD:BDC:Workplace IssuesSmoking PolicyINTRODUCTION1.The New Jersey State Legislature and the New Jersey Department of Health havefound that tobacco smoke is a substantial health hazard to both the smoking and nonsmoking public. As such, smoking on Bergen Community College property by any personat any- time anywhere is strictly prohibited. The property of the College includes allCollege vehicles as well as real estate owned by the College.2.The effect of this policy is to prohibit smoking in all buildings and areas of collegeproperty. This entails that smoking is prohibited on the grounds, playing fields, walkways,roadways, parking lots, in and around the perimeter of any building.‘SMOKING’ DEFINEDFor purposes of this policy, “smoking” is defined as the burning of a lighted cigar,cigarette, pipe or any other matter of substance that contains tobacco as well as the useof smokeless tobacco, snuff, or similar substance.LEGAL AUTHORITYThis policy has been enacted in accordance with the provisions of Chapter 383, PublicLaws of 2005, and codified in N.J.S.A26:3D-55et SCQ.SANCTIONS AGAINST VIOLATORSAny employee who violates this policy shall be subject to appropriate disciplinary action.Any student who violates the Policy shall be subject to disciplinary measures inaccordance with the provisions of the Student Code of Conduct. Other individuals,including visitors to the College, who violate this policy, may be asked to leave the Collegepremises. All violators are also subject to sanctions provided by applicable laws andregulations.SIGNAGE

OLD POLICY - TO BE REMOVEDSigns designating Bergen Community College a smoke free campus will be posted. Thispolicy will also be noticed in appropriate publications of the College.AVAILABLE ASSISTANCEFor any student or personnel of the College who desires to stop smoking, assistance isavailable through staffs of the Health Services, Wellness Center and Counseling. Inaddition, there are programs that are provided throughout the semester which are wellpublicized and are accessible to everyone.Section B:BD:BDCAdopted: 8/7/91Resolution: 27Updated: 10/03/07Amended:

REVISED POLICY FOR APPROVALBERGEN COMMUNITY COLLEGE POLICYPolicyName:Section leOffice:Tobacco/Smoke Free PolicyBSectionTitle:Board of TrusteesDirector of HumanResourcesOffice of HumanResources, Department ofPublic Safety, and Divisionof Student AffairsPersonnel/HumanResources Policies;Workplace IssuesAdopted:8/7/91Former #:B: afety@bergen.edu1. Policy StatementBergen Community College is committed to providing a safe and healthy working and learningenvironment for students, faculty, and staff at all of its campus locations. The effect of this policy is toprohibit the use of all tobacco, electronic cigarette, and other smoking-related products (Smoking) in allbuildings and areas of college property. This stipulates that smoking is prohibited on the grounds, playingfields, walkways, roadways, parking lots, and all areas in and around the perimeter of the campus.2. Reason for PolicyTobacco is a major contributor to air pollution and breathing secondhand smoke may cause health risks.Tobacco can cause coronary heart disease or heart attack. Tobacco has been connected to varioushealth-related issues (i.e. cancer, respiratory issues, dental issues, etc.).Electronic smoking devices (ESDs) or electronic nicotine delivery systems (ENDS), commonly referred toas electronic cigarettes, or “e-cigarettes,” closely resemble and purposefully mimic the act of smoking byhaving users inhale vaporized liquid that typically contains nicotine, heated through an electronic ignitionsystem. Most ESDs and ENDS contain and emit numerous potentially toxic substances and increaseairborne concentrations of particulate matter and nicotine in environments.1The use of tobacco, hookahs, marijuana, ESDs or ENDS are forms of air pollution and constitute adanger to health and a material public nuisance.Accordingly, Bergen Community College declares that the purposes of this policy are:1 According to the American Nonsmokers’ Rights Foundation, more than 2,000 college and university sites in the United Stateshave adopted 100% smoke-free, or even tobacco-free (including noncombustible tobacco) policies, and this number is risingsteadily. The American College Health Association “encourages colleges and universities to be diligent in their efforts to achievea 100% indoor and outdoor campus-wide tobacco-free environment.” The United States Department of Health and HumanServices (HHS) created the Tobacco-Free College Campus Initiative (TFCCI), later administered by the American Cancer Society,in partnership with CVS Health, as the Tobacco-Free Generation Campus Initiative (TFGCI), to promote and support theadoption and implementation of tobacco-free policies at universities, colleges, and other institutions of higher learning acrossthe United States.All policies are subject to amendment. Please refer to the Bergen Community College Policy Librarywebsite (bergen.edu/policylibrary) for the official, most recent version.Page 1 of 4

REVISED POLICY FOR APPROVAL(1) to protect the public health and welfare by prohibiting smoking and the use of tobacco products,including ESDs and ENDS, on the Bergen Community College campus.(2) to guarantee the right of nonsmokers to breathe smoke and vape free air, recognizing that theneed to breathe smoke and vape free air shall have priority over the desire to smoke.(3) (3) to encourage a healthier, more productive living/learning environment for all members of ourcampus community.3. Who Should Read this PolicyAll members of the Bergen Community College community including faculty, staff, students, coveredentities, lessees, contractors, non-employees, and agents of the College. This policy also applies toorganizations with whom the College has Memoranda of Understanding for use of facilities and those whorent college facilities for events.4. ResourcesStudents and employees of the College who desire to stop Smoking may obtain assistance throughHealth Services, Wellness Center & Personal Counseling. On-site treatment programs shall be madeavailable to assist and encourage individuals who wish to stop Smoking.5. Definitionsa. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar,cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended forinhalation, including marijuana, whether natural or synthetic, in any manner or in any form.“Smoking” also includes the use of an electronic smoking device, which creates an aerosol orvapor, in any manner or in any form, or the use of any oral smoking device for the purpose ofcircumventing the prohibition of smoking in this Article.b. “Electronic Smoking Device” (ESD) and “Electronic Nicotine Delivery Systems”(ENDS) refer any product containing or delivering nicotine or any other substance intendedfor human consumption that can be used by a person in any manner for the purpose ofinhaling vapor or aerosol from the product. The term includes any such device, whethermanufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, orvape pen, or under any other product name or descriptor.c.“Hookah” refers to a water pipe and any associated products and devices, which are used toproduce fumes, smoke, and/or vapor from the burning of material including, but not limited to,tobacco, shisha, or other plant matter.d. “Tobacco Product” refers to any substance containing tobacco leaf, including but not limitedto, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco,bidis, blunts, clove cigarettes, or any other preparation of tobacco; and any product orformulation of matter containing biologically active amounts of nicotine that is manufactured,sold, offered for sale, or otherwise distributed with the expectation that the product or matterwill be introduced into the human body by inhalation; but does not include any cessationproduct specifically approved by the U.S. Food and Drug Administration for use in treatingnicotine or tobacco dependence.All policies are subject to amendment. Please refer to the Bergen Community College Policy Librarywebsite (bergen.edu/policylibrary) for the official, most recent version.Page 2 of 4

REVISED POLICY FOR APPROVAL6. The PolicyA. Introduction:a. In light of the above policy statement, the Bergen Community College campus shall beentirely ESD, ENDS, Hookah, and Tobacco Product Free.b. The Tobacco/Smoke Free Policy applies to all Bergen Community College facilities,property, and vehicles, owned or leased, regardless of location. Smoking is not permittedin any enclosed place, including, but not limited to, all offices, classrooms, hallways,waiting rooms, restrooms, meeting rooms, community areas, and performance venueswithin Bergen Community College spaces. Smoking and the use of tobacco products isalso prohibited outdoors on all Bergen Community College campus property, including,but not limited to, parking lots, paths, fields, sports/recreational areas, and stadiums, aswell as in all personal vehicles while on campus. This policy applies to all students,faculty, staff, and other persons on campus, regardless of the purpose for their visit.c.Bergen Community College finds that the cultural, spiritual and ceremonial use oftraditional tobacco is an integral part of Native American life. Bergen Community Collegefinds Native American cultural teachings about ceremonial tobacco and its use are ofimportance to the health, wellness, and welfare of the Native American people. TheNative American fundamental, traditional, and ceremonial use of tobacco shall not berestricted for Native American tribal members pursuant to Section 4 of the Indian SelfDetermination and Education Assistance Act.d. In further recognition of the incompatibility of Bergen Community College’s educationalmission and the promotion of tobacco products:i. No tobacco-related advertising or sponsorship shall be permitted on BergenCommunity College property, at Bergen Community College-sponsored events,at events held on College properties by external organizations, or in publicationsproduced by the College.ii. No tobacco products or paraphernalia shall be sold or distributed as samples onCollege properties, either in vending machines, the student center, or any areaon campus.B. Sanctions Against Violators:a. This policy shall be enforced by the Department of Public Safety in collaboration with theOffice of Human Resources and the Division of Student Affairs.b. Policy violations will be treated in a manner that is congruent with offenses to the StudentCode of Conduct (students) and Employee Code of Conduct (staff/faculty). Opportunitiesfor tobacco users to learn about the policy change and adapt their behavior may begranted in the form of courtesy cards, which may be distributed by the Department ofPublic Safety. Violations may be reported using an online complaint form. Complaintsshould be filed within 10 business days of observing a potential violation in order to beaddressed in a timely manner.i. Students: Regarding student conduct, violations will be addressed with ahierarchy of sanctions congruent with the Student Code of Conduct, as deemedappropriate by the Vice President of Student Affairs or his/her designee.Sanctions may include reflective or restorative sanctions, educationalprogramming, fines, or others as noted in the Student Code of Conduct.All policies are subject to amendment. Please refer to the Bergen Community College Policy Librarywebsite (bergen.edu/policylibrary) for the official, most recent version.Page 3 of 4

REVISED POLICY FOR APPROVALii. Faculty/Staff: The Office of Human Resources will execute progressivedisciplinary actions against violators, as well as address any necessarybehavioral concerns. If an employee is a member of a recognized bargainingunit, the negotiated disciplinary procedure will be used.iii. Visitors and Vendors: Upon violation, a verbal request to cease the use oftobacco may be made by any member of the campus community, especiallydirect supervisors who oversee contracts. In cases where visitors or vendors failto comply, the Department of Public Safety will be called to make and documenta request to cease use of tobacco products. Visitors that do

May 05, 2020 · The New Jersey Department of Education approved the FY 2020 Perkins Spending Plan, authorized by the Board of Trustees on May 7, 2019. Any changes to that original spending plan require a Board of Trustees approved Amendment Application. This amendment includes new purchases as a result of cost savings realized on originally proposed items.