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