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Two Strikes and You’re Out!
The Sequel

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by Des Kilkeary, Language Arts Division

The more one delves into the recent history of the college parking policy at GCC, the more confusing and Orwellian it becomes.

An objective analysis indicates that last year the implementation of the parking policy was particularly unfair to new hires and part-time teachers relegated to the general parking areas (Lots B & C) where students park. A number of these parking places were indeed designated for staff, but not enough. When staff members arrived for work at various times of the day, there were no spaces available, so they parked wherever they could fit in, and this led to the recent change in parking enforcement which allows only one citation dismissal per semester, a change that won't solve the problem of insufficient spaces.

How big is the problem?  Chief Wagg informed me that "from January 2001 through August 2001 there were 1,676 citations issued," and "20% of the total citations were issued to staff." Now that seems like a significant figure. Why so high?

One answer can be found in the memorandum issued by the College Police Dept on August 21, 2001 which announces that "half of Circle Drive has been dedicated to construction needs," and "a number of staff and business associates have been moved to other lots." While the new allocations were properly based on seniority, they nevertheless led to a predictable situation akin to musical parking spaces for the adjunct professors and staff at the low end of the parking chain who were forced to compete with students for parking spaces. The displacement, by the way,  was expected to last approximately two years, well into 2003.

That parking problems were anticipated is further shown by the following directive to adjunct faculty (found in the same memorandum and printed in boldface type, mind you) , "if you cannot find a parking space in either lot, please exit to Mountain Street and try any of the city parking lots on Verdugo Road or Canada." It should have said lots of luck, but instead advised, "it would be best if you arrived early," a comment which clearly indicates an unconscionable ignorance of the fact that many of our part-time teachers (so-called freeway fliers) work at two or even three different community colleges, and  when they arrive at Glendale College (later in the day as some must), the parking lot is often full.

  Their unhappy alternatives include driving around Lots A and B until a space opens up (might be a very long wait), squeezing into an illegal space and going to teach the waiting class (and getting a parking ticket), driving down Mountain Street to find a spot (somewhere in the city of Glendale), or giving up and going home (losing the hourly wage). Getting there earlier, if possible, would only cause the same dilemma for someone else.

Apparently, many of our desperate faculty chose to squeeze into an illegal space and were cited, and the increase in citations became the justification for the new one-dismissal policy.

Chief Wagg said, "in the year since the parking policy was initiated there has been a steady improvement in the campus parking environment;"  however, I believe it has not come from the one dismissal rule, but rather from belatedly designating more staff parking spaces. The Chief stated, "I added over fifty additional staff parking spaces in the northwest corner of lot B. There are now seventy-five spaces dedicated to staff parking in this area," and "I will continue to add parking spaces as needed." Here we may have the real reason why things have "improved," more dedicated parking spaces for staff, yet we are still saddled with the draconian one-dismissal rule which potentially penalizes all faculty and staff for minor infractions like forgetting to post a tag twice in one semester.

So the first difficulty involved a flawed solution to a real problem which was later ameliorated by common sense. The second difficulty, and this is where things get even more Orwellian, involves the means by which the new one-dismissal policy was put into effect.

Initially, I was informed by Chief Wagg that he had made the policy changes as he felt necessary, and that this unilateral action was partly due to the deactivation of the campus Parking Committee. Accordingly, a significant policy change occurred without input from the various factions represented by the Parking Committee, a change which I found disturbing, so I suggested that the Parking Committee be re-established.

Imagine my surprise when I received  a memo from Larry Serot in February in which he said, "I take responsibility for the change in the enforcement practices. I directed Chief Wagg to enforce the Board-approved Parking Policy….[and] The change did not go through governance because we were enforcing existing regulations." This was truly amazing: Larry had discovered that the new policy was really an old Board Policy (3710) approved way back on December 16th, 1996, but curiously never implemented or acknowledged until now. How Orwellian, and how convenient! He added, "I hope you will include this fact in your follow-up article." So here it is, except it is not a fact as we shall see, but a rather tortured interpretation.

Larry's understanding of the new policy reflects Orwellian doublespeak at its best. "This does not mean, as your article in the Chaparral implied, that 'two strikes and you're out' but rather that employees must now go through the process that is included in Administrative Regulation 3710 and traffic Regulations." There are at least two contradictory problems here:  first, we have Chief Wagg's interpretation of the new policy stated in his GCC Police memo to the faculty, "staff members who have been cited for a parking violation will be allowed ONE DISMISSAL PER SEMESTER" which plainly says two strikes and you're out, but Larry doesn't think so; secondly, Board Policy 3710 says absolutely nothing about one dismissal per semester, but Larry thinks it does, or perhaps he doesn't (I'm not sure at this point), but the chief knows, but Larry contradicts him, and the memo speaks for itself.  Well, more on this confusion in a minute.

The above policy explanation also appeared in Larry's January Governance Status Report. The e-mail, sent to everyone at the college, ended with his apology to me for neither he nor the Police Dept. having given me the "new/old" (you choose) information about Board Policy 3710 for my article, but it also implies that the point of my article was erroneous since I was not a party to the well kept secret.

Faced with this bizarre situation, I decided to read Board Policy 3710 and its accompanying Administrative Regulations to see if the new policy said anything about one dismissal per semester. It didn't. In fact, the Board Policy seems to be purposely vague. It does refer to the California Vehicle Code and Special College Rules and Regulations which are enumerated in the Administrative Regulations, allowing the college to manage things pretty much as it sees fit, which until now has meant a user-friendly policy.   The enforcement article states: "persons violating the regulations may receive citations  [italics mine] that will be processed according to College Policy and State Law."

It seems clear that the regulation does not put a limit on the number of dismissals nor mandate a harsh policy. It does not use words like will, shall, or must— it distinctly says may. It certainly does not demand a mindless one dismissal per semester approach, and allows for an administrative review.

Regarding policy, the regulations specifically state: "the bail/fines for the above violations are set after review annually, by the College Parking Committee...." So the one thing that is certain is that Board Administrative Regulation 3710 both endorses and empowers the Parking Committee to determine the fines, not the Police Department, not the Vice President. It would appear that the committee could set or dismiss the bail/fines as it deems appropriate, and that the Board  expected an annual review by the committee (which I remind you no longer exists).

Regarding enforcement, the Board Policy is clear: the Vice President of Administrative Services has the "responsibility for the day-to-day administration and operation of traffic, parking and other regulations," however, this does not include the power to make or change policy. Currently, the Vice President is not doing a very good job of administering the Board Policy since the Parking Committee is not functioning at all, so enforcement is clearly out of compliance with the policy.

After close scrutiny, I couldn't find any text in Board Policy supporting Larry's assertion that he had the unilateral power to change the old parking policy as he had.  But I did find an item in the minutes of the Administrative Affairs Committee, Nov. 29, 2001 (a committee chaired by Larry) saying, "Larry is recommending the elimination of the Parking Committee, and that parking issues should be addressed at Administrative Affairs Meetings. A recommendation on this proposal will be presented at the next meeting (scheduled for Mar. 14th)." It was interesting to note that Larry was recommending an action that would be out of compliance with his newly discovered Board Policy, but he was.

In the December Chaparral, I strongly urged the re-establishment of the Parking Committee to oversee the parking policy. Apparently I am not alone in this opinion. The good news is that both the Student Affairs Committee and the Governance Review Committee are proposing to Campus Executive that the parking Committee be reinstituted as a subcommittee of Administrative Affairs. The bad news is that Larry, ironically the Chairman of the Administrative Affairs Committee and staunch supporter of Board Policy, didn't want it resurrected.  

I attended the March meeting to see what would happen, and I was very surprised. This is the point where our story unexpectedly transitions from the Orwellian to the Kafkaesque. I witnessed a truly remarkable  metamorphosis  at the March Administrative Affairs Committee Meeting where Larry Serot transformed himself from an adamant foe of the Parking Committee to become its veritable champion. Larry decided that it would be a good thing if we reconstituted the committee, but amazingly, a much better thing if he became its chair, so he appointed himself on the spot. We will have a new parking czar who functions on two committee levels.

It is very unusual for the chair of a major committee to also chair one of its sub-committees, especially when that individual strongly opposed the sub-committee's very existence. It is also unusual that the sub-committee doesn't elect its own chair, so one can only wonder at Larry's  motivation. But that soon became clear:  he wanted to supervise a new mission statement for the Parking Committee, he wanted to fashion new language, new rules —one of which I'm sure will be "ONE DISMISSAL PER SEMESTER." So our next task is to make sure that we have good people (critical thinkers) appointed to the committee to monitor the actions of the would-be parking czar. &