MINUTES OF THE REGULAR MEETING OF THE GOVERNING BOARD School District No. 40 of Maricopa County, Arizona District Office Board Room April 13, 2010 Present: Mr. Martin Samaniego, President Ms. Sara Smith, Clerk Ms. Rosemary Arthur, Member Mr. Steve Johnston, Member Ms. Mary Ann Wilson, Member Absent: None CALL TO ORDER The meeting was called to order by Mr. Samaniego at 5:30 p.m. He noted the presence of four Board Members: Ms. Wilson, Ms. Smith, Mr. Johnston and Mr. Samaniego. Ms. Arthur arrived at 5:31 p.m. following the opening exercise’s vote on adoption of the agenda. OPENING EXERCISES Ms. Smith called for a moment of silence followed by the Pledge of Allegiance. Mr. Johnston moved to adopt the agenda as presented and Ms. Smith seconded the motion. Upon call to a vote, the motion carried. SPECIAL RECOGNITION Staff Recognition: Dr. Johnson recognized Ms. Tarci Cruz for receiving the 2010 National Association of State Directors of Migrant Education Award in the category of Support Staff for her outstanding service of the District’s migrant student population. Dr. Johnson commended Ms. Cruz for her hard work and dedication and for her personal efforts to support migrant families of students in the District with clothing, transportation, medical, dental etc. services. VISITOR QUESTIONS AND/OR COMMENTS Mr. Jack Podel addressed the Board to suggest that different ‘classes’ of lesson plans be utilized tailored to differing mindsets and abilities of students. Ms. Jackie Hawley-Moore addressed the Board to express her objections to rumors that the District was forcing out veteran teachers and bringing in new teachers. She also voiced her support for Ms. Deanna Sulwer and raised concerns about issues at American School with student behavior and the school nurse. Ms. Nikki Ferguson addressed the Board to report that GEA had ratified the Budget Advisory Committee and Interest-Based Negotiations’ recommendations. She stated the group did not feel that there had been sufficient looping-out throughout the process, and they would have liked to have seen this done more often and with more information. Ms. Delia Anderson addressed the Board to express support for Deanna Sulwer and shared the positive personal experience she had with Ms. Sulwer as her child’s Kindergarten teacher. Ms. Patricia Sabine addressed the Board to express concerns about the cancellation of the District’s longevity program, stating that this would reduce her retirement benefits significantly. She urged the Board to seek further legal advice in this matter to ensure the action is needed. Ms. Marcia Meyer addressed the Board to provide details related to Item 5.K. on the Consent Agenda, explaining that the District had been one of ten in Arizona selected to receive the grant funds for field trips, and commended Target and the Arizona Community Foundation for their contributions to the schools. Ms. Diana Bass addressed the Board to state her objections to being required to pay the District $2,500 liquidated damages for separating employment from the District prior to completion of her contract’s term. Minutes of the Meeting of the Governing Board Page 2 April 13, 2010 Ms. Dana Nuno addressed the Board in support of Ms. Deanna Sulwer’s continued employment as the parent of a past student and the positive experience she and her child had with the teacher. Mr. John Madrid addressed the Board in support of Ms. Deanna Sulwer’s continued employment with the District, noting that performance evaluations can be manipulated by administration to target employees for reasons other than inadequate job performance. He suggested Ms. Sulwer has been targeted due to her age. Ms. Norma Alvarez addressed the Board to suggest that an outside consultant with experience in Human Resources to recruit an Interim Superintendent and conduct a comprehensive audit to determine the necessity of administrative positions. She proposed that contracts for District administrators are not renewed until after the audit is complete and require them to reapply for their positions. In addition, she stated the Board should not reconsider closure of Imes or layoff of teachers and librarians. CONSENT AGENDA Mr. Johnston moved to approve the consent agenda as presented, and Ms. Smith seconded the motion. Upon call to a vote, the motion carried and the following items were approved: Minutes: The Board approved the minutes of the regular meeting of March 9, 2010. Vouchers: The expense and payroll vouchers were ratified and approved by the Board as presented. Gifts: The Board approved acceptance of the following gifts: Donor Connie Bersch Fry’s Food Store The Bagnall Company General Mills Box Tops for Education Scholarship America/Target Field Trip Pgm Various Students – Bicentennial South Coca Cola Bottling Company Nona Hanse Jamba Juice Paul Durbin Scholarship America/Target Field Trip Pgm Coca Cola Bottling Company Life Touch National Studios Jessica Huttenhow, Rock Bottom Rest’nt Life Touch Pepsi Bottling Group LLC Coca Cola Bottling Company Spirit and Pride, LLC Lifetouch Camelback Vending Services Dairy Council Certified Personnel: Apodaca, Deborah Bernier, Andrew Bonadies, Genevieve Burns, Nancy Carbone, Angela Dockins, Tyler Ford, Raquel Grossman, Jeremy Gift 2-17” Flat Screen Monitors, 3 keyboards $50.00 Gift Card 20-3 ring binders $563.00 $800.00 $315.93 $27.62 $1042.00 $9.00 Two Guitars $800.00 $87.32 $535.00 $320.00 $528.00 $103.56 $59.01 $35.00 $261.61 $75.15 Two Phoenix Suns tickets; 4/13/10 Recipient Desert Spirit Desert Garden Bicentennial South Jack Smith Bicentennial South Jack Jack Sine American Desert Garden Sunset Vista Discovery Sunset Vista Imes Challenger Challenger Horizon Burton Landmark Transportation Dept The following Certified Personnel items were approved: Resignations Teacher, Spec Ed Landmark Teacher, 7/8th Science Sine Teacher, 6th grade Desert Spirit Intervention Specialist Special Ed Dept. Teacher, Kindergarten Coyote Ridge Teacher, Spec Ed Sine Teacher, 1st grade Jack Teacher, Lang. Arts Sunset Vista 05/26/2010 05/26/2010 05/26/2010 06/11/2010 03/22/2010 05/26/2010 05/26/2010 05/26/2010 Minutes of the Meeting of the Governing Board Page 3 April 13, 2010 Kulavic, Cassie Leander, Caryl Lein, Jonathan Loria, Shaun Mabee, Joanna McKiernan, John Melvin, Linda Mendoza, Neol Morelos, Sylvia Nester, Janet Newman, Laura Seipel, Stephanie Snead, Virginia St. Arnold, Greg Thomas, Jason Trevor, Glenda Watson, Megan Wilson, Misti VanAtta, Andrew Teacher, 5th grade Teacher, Band Teacher, 7/8 Science Teacher, Spec Ed Teacher, 7/8 Science Teacher, Art Teacher, Spec Ed Teacher, 7/8Math/SS Prevention Specialist Teacher, 3rd grade Teacher, Spec Ed Teacher, 1st grade Teacher, Spec Ed Teacher, Spec Ed Teacher, 2nd grade Teacher, PE Teacher, 7/8th Science Teacher, 7/8th Science Teacher, 5th grade Discovery Landmark Sunset Vista Desert Spirit Sunset Vista BiCi North Landmark Landmark Jack Jack Burton Jack Sine Imes Jack Imes Horizon American Horizon 05/26/2010 05/26/2010 05/26/2010 05/26/2010 03/04/2010 05/26/2010 05/26/2010 05/26/2010 04/23/2010 05/26/2010 05/26/2010 05/26/2010 05/26/2010 05/26/2010 05/26/2010 05/26/2010 05/26/2010 05/26/2010 05/26/2010 Gorzen, Kim Nicholson, Gloria Rigsby, Elizabeth Tucker, Teresa Vander Schoor, Dwight Curtis, Richard Retirements Librarian, K-8 Challenger Teacher, 5th Math/Sci Mensendick Asst. Principal, K-3 BiCi South Teacher, 2nd grade Smith Teacher, 3rd grade Jack Teacher, Computers Sine 05/26/2010 05/26/2010 06/17/2010 05/27/2010 05/26/2011 05/26/2010 Wagemaker, Diane Leave of Absence Teacher, 2nd grade Burton 2010/2011 Classified Personnel: The following Classified Personnel items were approved: Arencibia, Elier Collins, Shannon Cortez, Ana Doerfler, Marcy Downs, Amber T Drysdale, Jeffrey Eason, Victoria Echeverria, Jeannie English, Barbara Johnson, Joseph Longoria, Irene McGuire, Erin Mora, Diana Paul Seeger Quinones, Christina Schnupp, Patricia Silva, Joseph Spallieri, John Walton, Beverly Widbin, Gretchen Williams, Christina Employment - New Ed Assist-BTP Challenger Sub Bus Opr Transportation Sub FS Worker Food Services Sub FS Worker Food Service Sub FS Specialist Food Service Bus Opr in Training Transportation Sub Bus Opr Transportation Sub FS Worker Food Service Ed Assist-STD Landmark Sub FS Worker Food Service Sub FS Worker Food Service Ed Assist-BTP Landmark Sub Bus Monitor Transportation Sub Bus Opr Transportation Temp Recep/HR Human Resources Ed Assist-CC Discovery Ed Assist-CC Challenger Bus Opr in Training Transportation Crossing Guard Sine Ed Assist-STD Desert Garden Sub Nurse-LPN American Avila, Norma Bass, Diana Resignations Cleaner Horizon Tech. System Admin I.T. $12.16 03/22/10 $13.76 04/05/10 $8.44 03/22/10 $8.44 03/08/10 $10.03 03/09/10 $11.92 04/06/10 $13.76 03/09/10 $8.44 03/10/10 $10.44 04/05/10 $8.44 03/08/10 $8.44 03/09/10 $11.81 03/04/10 $8.65 03/08/10 $13.76 04/06/10 $12.84 04/05/10 $10.44 04/05/10 $9.55 03/11/10 $11.24 04/05/10 $8.44 03/25/10 $9.55 03/29/10 $90dy/$17.26hr LT 04/02/10 04/06/10 04/16/10 Minutes of the Meeting of the Governing Board Page 4 April 13, 2010 Calvin, Patrick Doerfler, Marcy A. Gonzales, Josephine Leimkuehler, Barry Licking, Marianna Nielsen, Megan O’Neil, Lorraine Orona, Brenda Rosenthal, Martin Simms, Juanell Smith, Andrea Wilcox, Susie Const PM Sub FS Worker FS Specialist Director of FS Library Clerk Ed Assist –OI FS Specialist FS Worker Ed Assist – BTP FS Worker Bus Operator Ed Assist – SE Maintenance Food Service Bici South Food Service Sunset Vista American Bici North Desert Garden Landmark Imes Transportation Discovery Felix, Maria Luz Lopez, Frank Lopez, Leticia Reyes, Marisela Spicer, Lennora Cleaner Sub FS Spec Cleaner Cleaner Nurse LPN Einwalter, Gary Lake, Doug Pineda, Stella Remove From Sub List Sub Bus Monitor Transportation Sub Bus Monitor Transportation Sub Bus Monitor Transportation Jagodzinski, Debra Admin. Sec. Sullens, Benjamin Leave Of Absence Ed Assist – BTP Imes Chambers, Kathleen Parsley, Sandra Return From Leave Of Absence Preschool Tchr American Bus Operator Transportation Frank, Barbara FS Director Applebee, Michelle Borrelli-Farkas, Kelli Casillas, Ana Favela, Annabelle Green, Eric Jones, Francine Oliver, Ernestine Rojo, Isabel Z. Rojo, Laura Position Change Attendance Sec II Horizon EA-OI Jack FS Cashier Challenger Sub Bus Opr Transportation School Bus Opr Transportation Bus Opr Transportation Ed Assist-CC Landmark FS Cashier Landmark Lib Clerk Sunset Vista Cruz, Jeremias Mejia, Juana Whelan, Michael FS Specialist FS Worker FS Worker Lopez, Rosemarie F. FS Worker 04/14/10 04/13/10 05/25/10 06/30/10 03/19/10 03/12/10 05/25/10 04/02/10 04/13/10 03/09/10 03/11/10 03/11/10 Dismissals Sine Food Service Challenger Sunset Vista American 04/13/10 04/13/10 04/13/10 04/13/10 04/13/10 04/13/10 04/13/10 04/13/10 Retirements Challenger Temporary Assignment Food Service Increase In Hours Landmark Smith Horizon 06/30/10 09/01/10- 12/06/10 04/14/10 03/22/10 $279.41/dy 03/17/10 $11.52 $9.74 $9.09 $13.76 $14.37 $14.37 $9.93 $9.46 $9.32 04/12/10 03/29/10 03/01/10 02/24/10 03/15/10 03/01/10 03/22/10 03/22/10 04/12/10 $10.43 $8.44 $8.78 02/22/10 03/22/10 03/08/10 $10.08 03/22/10 Transfers Sunset Vista Student Activity Fund Balance Statement: The Board approved the Student Activity Fund Balance Statement for February, 2010. Minutes of the Meeting of the Governing Board Auxiliary Operations Fund Balance Statement: Page 5 April 13, 2010 The Board approved the Auxiliary Operations Fund Balance Statement for February, 2010. Invitation for Bids: The Board approved award of Invitation of Bids 09.10.019 for Heating, Ventilation, and Air Conditioning parts and supplies to Burke Engineering, Refrigeration Supplies Distributor and US Air Conditioning for the 2009-2010 school year with the right to renew for four (4) additional years. Travel: The Board approved out-of-county travel requests for Tarci Cruz, Marsha Castillo, Roxanne Reese, Andrea Grabow, and Kellie Duguid. School Hours: The Board approved school hours for the 2010-2011 school year. Acceptance of Grant: The Board approved acceptance of the grant award in the amount of $18,000 from the Arizona Community Foundation and Target Memorandum of Understanding and Grant Agreement. REPORTS Financial Audit: Legislative Update: Mr. Hegarty provided the Board with an overview of the results of the District’s annual financial audit for the 2009 fiscal year. Some of the highlights from the audit report that he reviewed included: The District received an “unqualified” opinion on both the financial and federal awards areas. This is the highest opinion an auditor can issue. There were no material weaknesses in internal controls. The District qualifies as a low risk auditee. There were no questioned costs. The State may request a district to pay back any amount that is questioned. Mr. Samaniego congratulated Mr. Hegarty and his staff for the ratings achieved. Mr. Hegarty provided the Board with an update on the 2010-2011 legislative session, particularly in reference to items related to education and school district operations. He reported the main issue currently at hand is Proposition 100 on the May special election ballot, in which voters will determine whether the state will enact a temporary 1% increase in sales tax lasting 3 years. The outcome of the election will have a significant impact on the District’s funding and extent of cuts that will be necessary to balance next year’s budget. The proposed tax increase’s revenues are also intended to support the state’s health and human services, and public safety agencies. Mr. Hegarty reviewed the state budget’s implications for education funding levels for 20102011. Changes to funding will include a 1.2% increase to the Transportation Support Level, a $165 million reduction in soft capital, elimination of $218 million in funding for all-day Kindergarten, and continuation of the moratoriums on Building Renewal Funds and construction of new schools. Additional cuts are contingent upon the outcome of Proposition 100. If voters do not approve the sales tax increase, the remaining $47 million in soft capital and $248 million in CORL funding will be eliminated, in addition to an extra 2% cut to the base funding level of $102.7 million. Mr. Hegarty reported on additional bills related to education dealing with teacher contracts and calculation of Average Daily Membership. If passed, one bill will reduce the number of days a teacher is allowed to respond after a contract is offered from 30 to 15, reduce the number of days a governing board has to notify a teacher of suspension or dismissal from 30 to 15, and reduce the number of days a teacher will be given to correct deficiencies in classroom performance from 85 to 60. The bill regarding average daily membership calculations changes its definition to the average of total enrollment of fractional and fulltime students enrolled on the 30th, 60th, 90th and 120th days of school. Mr. Hegarty summarized additional bills related to third grade promotion requirements, override elections, and ninth grade for elementary districts. Minutes of the Meeting of the Governing Board Budget Update: Page 6 April 13, 2010 Mr. Hegarty presented the Board with information on the District’s 2010-2011 budget, projected funding changes, and the Budget Advisory Committee’s recommendations for measures to balance the budget. Reductions in revenues will include: All-Day Kindergarten-eliminated $3.5 Million Soft Capital-reduction $2.3 Million Proposition 301-reduction $3.2 Million Declined enrollment $1.5 Million ELL reduction $0.7 Million Due to students re-categorized as proficient in English removed from ELL Retirement rate increase $0.2 Million Mr. Hegarty noted these reductions will be enacted regardless of the outcome of the sales tax election. He provided an explanation of the reduction being made to Proposition 301 monies: the allocation amounts for these funds are dependent primarily upon the state’s revenues from the sales tax that is levied specifically for this purpose. Over the past three years, the state’s revenues have declined, resulting in less money allocated to schools. In addition, last year’s revenues fell short of the projected amount, and the districts that used budget capacity, rather than available cash, to budget expenditures are now faced with a deficit (the difference between the amount of money spent and the revenues collected) that will further reduce the 2010-2011 budget for these funds. Mr. Hegarty noted that legislation is being advocated for by education lobbying groups to spread this hit out over several years to help lessen the its severity. This funding loss is of particular significance in consideration of the portion of teacher salaries that is paid from Proposition 301 money, in addition to teachers’ performance pay. Mr. Hegarty informed the Board that the budget remains imprecise due to a number of unknown/unresolved issues impacting it, including the outcome of the sales tax initiative (Proposition 100); participation numbers in the phased retirement program being offered; House Bill 2386, dealing with budget override funding levels; and the extent of anticipated utility rate increases. Should Proposition 100 fail, the District will be faced with significantly deeper cuts. Mr. Hegarty reviewed the priorities the Board had given for the committee to consider when prioritizing the cuts if would recommend. At the February regular meeting, the Board agreed that the following priorities should be applied to determining the rank order of cuts: as many programs and services for students preserved as possible; class sizes maintained as much as possible; employees protected from job loss and salary reductions; funding for a math adoption in 2011 for 2012 implementation; and reserves maintained to brace for the possibility of further funding reductions in the future. He noted that since the Board approved these priorities, the District had cancelled its plans for the math adoption. Mr. Hegarty explained the process the committee had used to arrive at the budget recommendations presented to the Board. After the Board established its priorities, District staff prepared a list of potential budget cuts as a springboard for the committee to brainstorm additional ideas for creating savings. The committee received budget priorities from schools for all areas, and for salaries and benefits from the Interest-Based Negotiations Committee. The priorities were then used to rank the order of the budget reduction options it had brainstormed, removing items that were not feasible or blatantly opposed to the District’s mission statement and core values. The prioritized list was provided to InterestBased Negotiations for completing its recommendation, and then finalized into the recommendation presented to the Board. Mr. Hegarty reviewed items to be taken under consideration in budget planning. The anticipated funding losses are offset by measures taken by the District to create budget savings through decreases in spending, and to create reserves to prepare for the possibility of further funding losses in the future: Salary/benefit savings in IBN’s recommendation Funds in reserve from 2% increase in 2009-10 Instructional Improvement $ 691,839 $1,143,575 $ 226,860 Minutes of the Meeting of the Governing Board Page 7 April 13, 2010 Increase in Special Education Program Students $ 419,672 In addition, the District has implemented one-time cuts to cushion the impact of this year’s funding losses by spreading the savings created out over three years to ‘bridge’ budget shortfalls while the economy recovers. The one-time cuts and their associated savings included: Indirect costs for District staff/time billed to Non-M&O funds, i.e., Title I, Civic Center Civic Center - flat reduction Instructional Improvement Carryover from 2% Savings from vacant positions Carryover from Special Ed. growth Department cuts/savings $418,753 $100,000 $122,101 $381,192 $437,516* $139,891 $322,434 Mr. Hegarty reviewed the prioritized reductions the committee had recommended and the dollar amount of savings that would be created: Reductions to departmental budgets Reduction in Administrator Performance Pay Librarians converted to clerks (7) Elimination of Late bus runs Reduce school admin secretary work calendar by 20 days School allocation per pupil reduced by $10 $1,278,359 $ 202,381 $ 339,828 $ 35,118 $ 49,060 $ 129,150 If the sales tax passes, the total savings created from these reductions will be $2,033,897. He noted that In the event that the sales tax fails, additional savings will be achieved by reducing office staff at schools with lower enrollments, saving $230,808, and increasing class sizes by one to save $654,514. He pointed out that in either scenario, the District continues to offer free all-day Kindergarten, and not one single teacher had to be RIF’d. In addition, if the sales tax passes, 75% of all cuts will be made away from the classroom and schools. Mr. Hegarty concluded that the committee would reconvene to finalize the recommendation when the outcome of the sales tax election and participation in the phased retirement program are known. The final recommendation would be presented to the Board in early June. Ms. Wilson noted that eight office staff employees stood to lose their jobs in the event that Proposition 100 does not pass, and asked how many there would be if the tax succeeds. Mr. Hegarty responded that no office staff positions would be cut, but administrative secretary’s work calendar would be reduced by twenty days. Ms. Wilson asked if the employees in question are paid on an hourly basis, which Mr. Hegarty confirmed they are. She asked if the elimination of the late bus run would also have an impact on bus drivers’ pay. Mr. Hegarty explained that the change would affect hours and reduce positions, but elimination of late runs is an efficiency that needed to be implemented whether or not budget reductions were necessary. Mr. Samaniego noted that cutting office staff hours would create a savings of $49,000; he asked administration to come up with another way to cover this amount. In addition, he would like another means found to achieve the savings that would result from replacing librarians with clerks. He stated his desire to protect all jobs, because every person is important. Minutes of the Meeting of the Governing Board ACTION ITEMS 2010-11 Employee Salary and Benefits: Page 8 April 13, 2010 Dr. Johnson and Dr. Smith introduced Ms. Angie Schultz, Ms. Nicole Basl, Ms. Nikki Furgeson, and Mr. Leandro Baldenegro from the Interest-Based Negotiations Committee to present the Board with its recommendation for 2010-2011 Employee Salaries and Benefits. Mr. Baldenegro explained the purpose of IBN, to review and provide input on the leave, benefits, buyback, salaries, professional growth, stipends, work schedules, etc. for the coming year. Ms. Shultz informed the Board of the recommendations for employee insurance, which were approved by the Trust Board and Insurance Committee as well as IBN. The District has added an option for high deductible health plan and health savings accounts to provide a more affordable option for dependent coverage. The committee believes that retiree medical benefits should be looked into more closely in the future to consider that the District discontinue providing coverage to retirees. For now, the program has been closed to any new participants. Ms. Nikki Furgeson reported IBN’s recommendations for salary amounts. Certified staff will not have changes made to the salary schedule, no step will be given, and salaries may be reduced up to 2.5% or furlough days enforced depending on the final budget scenario. The classified salary schedule would also remain unchanged and no steps given, with up to a 2.5% decrease or furlough depending on what’s needed. She noted that the maximum salary reduction permitted if the sales tax election is successful will be 1.5%. Ms. Nicole Basl explained the recommendations from IBN related to endorsement and stipend pay. There will be no change in certified professional growth if the sales tax passes; if it does not, then one lane of movement will be allowed. There would be no change to classified professional growth. Special education teachers will receive a $3,000 stipend for their position, but will no longer receive $500 for the endorsement. Teachers with the gifted endorsement who teach in gifted will receive a $750 stipend for both, and there will no longer be a separate stipend for the endorsement. Teachers with the bilingual endorsement will receive a $500 stipend if teaching in the area. The $1,000 stipend for National Board Certification will remain unchanged. Mr. Baldenegro reported that the District has eliminated the longevity program and attendance incentive program. Next year, the committee will begin looking into a stepless salary schedule. Dr. Johnson recommended that the Governing Board approve the salary and benefits recommended by the Interest-Based Negotiations Committee to the Superintendent for the 2010-2011 school year. Mr. Johnston moved to approve the recommendation and Ms. Smith seconded it. Mr. Johnston and Ms. Smith thanked the IBN members for the presentation and for the time and hard work they had put in to arrive at these recommendations in a difficult time. Dr. Smith made note that any salary decrease will be enacted across the board from top to bottom. Upon call to a vote, the motion carried. Phased Retirement: Dr. Johnson recommended that the Governing Board approve the Phased Retirement Plan as presented, and waive the March 20th deadline for employees to submit notification to Human Resources to enroll in the plan. Mr. Johnson moved to approve the recommendation and Ms. Smith seconded it. Mr. Hegarty presented the Board with information about the phased retirement program recommended for approval. The program would be offered for one year only to provide an Minutes of the Meeting of the Governing Board Page 9 April 13, 2010 extra incentive for employees who are eligible to retire. Participants will retire officially from the District and can begin to receive retirement pay. Participating retirees will be given the opportunity to be rehired with the District through an outside company, paid at the base salary level. After one year with the contracted company, the retiree can be reemployed by the District at the District’s discretion. If all 86 employees who are currently eligible signed up for phased retirement, it would result in a savings of almost $600,000 in 2010-2011. Ms. Wilson expressed her conflicting opinion of the program, noting it is a good opportunity for employees, but takes jobs away from people who would be putting money into the retirement system. Upon call to a vote the motion carried Certified Teacher And Administrative Contracts: Dr. Johnson recommended that the Governing Board approve the employment contracts for certified teachers and administrators for the 2010-2011 school year as presented. Any percentage reduction will be calculated for each employee using the 2009-2010 schedules but will not change the salary schedules themselves. Mr. Johnston moved to approve the recommendation and Ms. Smith seconded the motion. Ms. Wilson asked if the administrative contracts could be voted on separately from the certified, because she would like to hold off on taking action on all district-level administrator contracts until after May 18th, or a week or two following the election. Dr. Johnson clarified that the item before the Board was for approval of the contract form, not for offering individual contracts. Upon call to a vote the motion carried. Support Staff Contracts and Work Agreements: Non-Renewal of Certified Staff: Superintendent Search: Dr. Johnson recommended that the Governing Board approve the employment contracts and work agreements for support staff for the 2010-2011 school year as presented. Any percentage reduction will be calculated for each employee using the 2009-2010 schedules but will not change the salary schedules themselves. Mr. Johnston moved to approve the recommendation and Ms. Smith seconded the motion. Upon call to a vote the motion carried. Dr. Johnson recommended that the Governing Board approve the non-renewal of certified staff employment contracts as presented in the attached listing. Mr. Johnston moved to approve the recommendation and Ms. Smith seconded the motion. Upon call to vote, the motion carried Dr. Smith introduced Dr. Jose Leyba, who has been retained by the District as the consultant for the Superintendent Search. Dr. Leyba greeted the Board and provided a summary of his qualifications and experience relevant to recruitment of senior leadership in education. Dr. Leyba presented the Board with an overview of the elements of the Superintendent Search process: goals, profile, screening, advisory search committee, interviews, community forums, timeline, recruitment plan, and an optional SWOT analysis. At the outset of the process, identifying and clearly defining the goals of the search support transparency and collaboration throughout the process. A profile is then developed to provide a comprehensive picture of the search process, Superintendency, and school district. The profile should include the qualifications both desired and required of candidates, the position’s key roles, attributes, and leadership qualities, and an overview of the District, its mission and vision, salary/benefits, contacts and the application process. Development of a rubric based on the qualifications and experience required and preferred Minutes of the Meeting of the Governing Board Page 10 April 13, 2010 of candidates provides a useful instrument for scoring applicants at the screening level. The Board has the option of having the advisory search committee complete preliminary screening of applications, or conducting preliminary application screenings themselves with the consultant’s assistance. Dr. Leyba indicated he favors having the search committee screen applicants as being a more transparent and collaborative process. The search committee should have a diverse membership representing the full array of stakeholders: administrators, principals, teachers, support staff, parents, community, government, and businesses. Board member participation on the committee is optional. The committee serves an advisory role facilitated by the consultant and Dr. Smith. Members of the committee are required to maintain confidentiality, make a commitment to the process, and seek consensus in decision-making. The committee assists in screening, developing the profile, drafting interview questions, and initial interviews. The conclusion of the committee will be recommendation of three to five unranked candidates for final interview and consideration for employment by the Board. When this point is reached in the process, a broader reach is sought for the community’s involvement and input in the selection of a candidate, which is funneled through community forums. Generally, one to three forums are held in which final candidates interact with the public allowing the public to provide input on their preference for the position, while also demonstrating the candidates’ abilities in handling themselves in public settings. The Board has the option of selecting a swift timeline to recruit and hire a Superintendent, which would culminate in August or September. The drawback of the shorter timeframe is it may not result in a sufficient pool of candidates to choose. A more paced out timeline would not complete the process until November, but would allow more time for broader reaching recruitment and networking to take place for attracting more and better quality applicants to the candidate pool. Mr. Samaniego thanked Mr. Leyba for the presentation and clarified he was now seeking the Board’s input and direction. Ms. Arthur inquired what the process would be for selecting the search committee’s membership. Mr. Leyba explained that the Board would be asked to recommend names from its constituent groups: teachers, community, support staff, etc. Mr. Samaniego stated his preference for the process to be completed over the longer timeframe, noting that this important decision should not be rushed. He asked the Board what their feelings were on appointment of an interim superintendent to get them through until the completion of the search process. Mr. Johnston agreed with Mr. Samaniego’s position. Ms. Wilson asked if it would be possible to limit the geographical area the search in conducted in. Mr. Leyba responded it could be limited to in-state, but is also very easily done nationally or targeted to the Southwest region, depending on the Boar’s preference. Ms. Wilson explained her position on geographical area of recruitment is due to the expense of flying candidates in for interviews. Mr. Leyba agreed these costs can become expensive, and respected her mindfulness of this. He noted that the process is conducted with this issue in mind to allow sufficient timelines to minimize the travel expenses incurred. The Board weighed in on the qualifications proposed by Mr. Leyba, and agreed these are appropriate and sufficient. The next steps will be to pull together the advisory committee and develop a profile. District Funds Guidelines Resolution: Dr. Johnson recommended that the Board approve adoption of the Resolution for District Funds Guidelines as presented. Mr. Johnston moved to approve the recommendation and Ms. Smith seconded the motion. Upon call to a vote, the motion carried. Minutes of the Meeting of the Governing Board All-Day Kindergarten Program: Page 11 April 13, 2010 Dr. Johnson recommended that the Board approve that the All-Day Kindergarten Program is provided by the District for the 2010-2011 school year. Mr. Johnston moved to approve the recommendation and Ms. Smith seconded the motion. Upon call to a vote, the motion carried. Ms. Arthur inquired if steps had been taken to get the word out that the District would continue to offer all-day kindergarten. Dr. Johnson responded that action had been requested from the Board for exactly this reason. Policy Revision Second Reading: Interim Superintendent: Dr. Johnson recommended that the Board approve the second reading of revisions to policy GCO-Evaluation of Professional Staff Members as presented. Mr. Johnston moved to approve the recommendation and Ms. Smith seconded the motion. Upon call to a vote, the motion carried. Dr. Smith recommended that the Board provide Human Resources with direction to post the vacancy for Interim Superintendent. She stated it would be possible that Human Resources could have recommendations for potential candidates at the next meeting for discussion in executive session. Ms. Wilson asked if all applicants could be reviewed within the two week timeframe. Dr. Smith clarified that there would be one month until the next meeting, and this could be done in the time between. Mr. Samaniego asked if the Superintendent Search consultant’s contacts and services could be utilized to seek candidates for the position. Dr. Smith responded that this had been discussed with Mr. Leyba and he is already providing assistance in this regard. Ms. Arthur expressed appreciation for the work Dr. Smith has done in this regard, on top of her regular duties. Mr. Samaniego echoed her thanks for Dr. Smith’s efforts. Mr. Johnston moved to direct the Assistant Superintendent for Human Resources to provide the Board with candidates for Interim Superintendent at the May 11 regular meeting. Ms. Smith seconded the motion. Upon call to a vote, the motion carried. EXECUTIVE SESSION Mr. Samaniego stated the Board would consider convening to executive session for the following purposes: a. Personnel Matter: to consider a Level III Grievance filed by D. Sulwer regarding her employment pursuant to A.R.S. § 38-431.03(A)(1). b. Legal Advice: to receive legal advice regarding the grievance filed and listed in item (a) above from the attorney for the public body pursuant to A.R.S. § 38-431.01(A)(3). Ms. Smith asked if advice from legal counsel could be obtained before a motion was made to convene executive session. Ms. MacLennan was present and available. Ms. Smith asked if counsel had an opportunity to review the information related to the executive session’s topic, and could advise the Board if the matter is a complaint or a grievance. Ms. MacLennan advised that the Board convene to executive session for her to respond to the question. She suggested the Board could adjourn to executive session for legal advice only, then reconvene regular session and take separate action to adjourn to executive session again. She recommended that the order of the items be reversed in order to facilitate this. Ms. Smith moved to convene to executive session to consider item (b.) for the purpose of obtaining advice from legal counsel only, and return to regular session to vote separately on convening executive session for item (a.) and Mr. Johnston seconded the motion. Upon call to vote the motion carried and the Board convened to executive session at 8:00 p.m. Minutes of the Meeting of the Governing Board Page 12 April 13, 2010 RECONVENE TO REGULAR SESSION At 8:17 p.m. Mr. Johnston moved to reconvene to public session and Ms. Smith seconded the motion. Upon call to a vote, the motion carried and the Board resumed the regular meeting in public session. EXECUTIVE SESSION Mr. Johnston moved to convene to executive session for the following purposes: a. Personnel Matter: to consider a Level III Grievance filed by D. Sulwer regarding her employment pursuant to A.R.S. § 38-431.03(A)(1). b. Legal Advice: to receive legal advice regarding the grievance filed and listed in item (a) above from the attorney for the public body pursuant to A.R.S. § 38-431.01(A)(3). Ms. Smith seconded the motion. Upon call to vote the motion carried and the Board convened to executive session at 8:18 p.m. RECONVENE AND ACTION At 9:45 p.m. Mr. Johnston moved to reconvene to public session and Ms. Smith seconded the motion. Upon call to a vote, the motion carried and the Board resumed the regular meeting in public session. Grievance: Dr. Johnson recommended that the Governing Board deny the grievance filed by D. Sulwer. Mr. Johnston moved to approve the recommendation and Ms. Smith seconded the motion. Ms. Arthur commented on the difficulty of the decision, noting this is not a matter of judging whether or not Ms. Sulwer is a good or bad teacher, rather is determined strictly on Board Policy and whether or not it has been followed appropriately. Ms. Smith requested that for the future, Cabinet and Human Resources develop written guidelines for plans of assistance in a regulation, including timelines to clarify the process and less likely to be submitted to the Board to have to handle. Dr. Johnson noted that it was not advisable to put these guidelines into a regulation because it could make plans of assistance become grieveable, but she would do so if this is what the Board desires. Dr. Smith pointed out that revisions to the teacher evaluation policy the Board approved earlier in the meeting include specific plan for improvement and support, which satisfied Ms. Smith’s request. Upon call to a vote, the motion carried. Non-Renewal for Inadequacy of Classroom Performance: Dr. Johnson recommended that the Governing Board approve the non-renewal of employment contract for D. Sulwer for failure to correct inadequate classroom performance pursuant to A.R.S. § 15-536. Mr. Johnston moved to approve the recommendation and Ms. Smith seconded the motion. Upon call to a vote, the motion carried. FUTURE MEETINGS AND EVENTS Future Meetings: The list of future meetings and potential agenda topics was provided for Board review. Mr. Samaniego asked if there was a need for a special meeting in April. Dr. Johnson reported that all upcoming items can be handled at the May regular meeting. Minutes of the Meeting of the Governing Board Page 13 April 13, 2010 BOARD AND SUPERINTENDENT COMMENTS None at this time. ADJOURNMENT Mr. Johnston moved to adjourn the regular meeting and Ms. Smith seconded the motion. Upon call to a vote, the motion carried and the regular meeting adjourned at 10:00 p.m. Submitted by: Elizabeth Powell, Executive Assistant Approved By: Sara Smith, Clerk of the Board Date: May 11, 2010