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Penalization of Coast College District Hit : Legislator Assails State Chancellor for Affirmative Action Stand

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Times Staff Writer

Assemblyman Gilbert W. Ferguson (R-Newport Beach) has criticized state Community Colleges Chancellor Gerald Hayward for imposing affirmative action penalties against Coast Community College District.

Hayward took the action after finding that Coast failed to follow affirmative action regulations, designed to attract women and minority applicants, in naming David Brownell chancellor.

The regulations do not set any “quotas” or require that minorities be given preference in hiring.

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“It is perhaps understandable that some state bureaucrats may disagree with a local decision, but it certainly reflects badly on their priorities,” Ferguson wrote Hayward. “In much of this state, we have community colleges in which students don’t learn and teachers can’t teach. To my knowledge, very little is being done about this.

‘Thinly Disguised Quotas’

“Instead, your office is pursuing thinly disguised quotas, focusing on one of the best community colleges in the state for ‘violating’ procedural rules.”

Hayward was not available for comment on Thursday. He has previously said that his office was enforcing state law on affirmative action when it investigated Brownell’s appointment.

Brownell, who had been acting chancellor, was elevated to permanent chancellor on Jan. 3 by a 4-1 vote of the Coast District Board of Trustees. The promotion came without a full-scale, formal search for candidates.

Coast Community College District governs Orange Coast College in Costa Mesa, Golden West College in Huntington Beach and Coastline Community College,headquartered in Fountain Valley.

‘Business Necessity’

Armando Ruiz, president of the Board of Trustees, said in January that Brownell’s promotion was permitted because it was a “business necessity” permitted under the state regulations. Ruiz said the “business necessity” involved uncertainties of district funding by the Legislature.

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But after a five-month investigation of the action, Hayward, the state chancellor, ruled that the promotion should have followed normal affirmative action procedures, in which efforts are made to attract women and minority applicants.

Hayward said that as a result of Coast’s action, the district for the next two years would be required to file special affirmative action reports.

The district, he said, also agreed to other special requirements demanded because of the violation.

Review for Compliance

One of those requirements is that Coast Community College District “shall submit all appointments to management positions to the (state) chancellor for review of the process for compliance. . . .” Hayward said, that the district is not required to confer with his office before making such appointments.

Hayward did say that another of the eight points in the agreement requires that his office grant prior approval. He said that for the next two years, Coast Community College District cannot make “business necessity” appointments or promotions without having each case approved in advance by his office.

Hayward, in a recent interview, confirmed that Coast Community College District is the only district in the state having to perform the added affirmative action steps. “This is the first time we’ve had to do this,” Hayward said.

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The basic law for affirmative action procedures is a combination of measures passed by the state Legislature and regulations implemented by the Board of Governors of California Community Colleges, said Thomas Nussbaum, general counsel for the state community colleges office in Sacramento.

Appointment Not Unanimous

Ferguson could not be reached Thursday for additional comment about his displeasure with the affirmative action requirements Hayward’s office levied against Coast Community College District.

Ferguson’s letter said he believes Coast trustees “had every right” to promote Brownell as they did.

The Coast trustees were not unanimous in January about naming a permanent chancellor without a formal, affirmative action process. George Rodda Jr., who is a lawyer and a 17-year veteran on the Coast board, said he voted against the Brownell promotion because he thought it violated state affirmative action procedures. Rodda said he was opposed to the procedure, but not to Brownell’s being named permanent chancellor.

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