MT. DIABLO UNIFIED
BOARD
MEETING – March 28, 2006
ATTENDANCE: Board: Linda Mayo,
Administrative Staff: Superintendent
Student Representatives: Alex
Bendoyro, Clayton Valley High (voting); Avani Mody,
The meeting was called to order by President Mayo at 6:00
p.m. in the Board Room at the
OATH OF
OFFICE: Superintendent McHenry administered the oath
of office to Paul P. Strange, selected by the Board on March 21, 2006, to
complete the remainder of Bill Leal’s term on the Board.
PUBLIC COMMENT: None
CLOSED SESSION: The Board adjourned
to Closed Session at 6:03 p.m. in Room 6 of the
Public Employee Discipline/Dismissal/Release/Complaint
Treece moved,
Eberhart seconded, and the Board voted 5-0-0 to agree that March 24, 2006, is
the last date of service for classified employee #11159.
Negotiations
Allen moved, Treece
seconded, and the Board voted 5-0-0 to give direction to staff in regard to
employee negotiations.
2. RECONVENE OPEN SESSION: The Board returned
to Open Session at 7:30 p.m. President Mayo
led the Pledge of Allegiance to the Flag and reported the action taken in
Closed Session.
Oath of Office
Superintendent McHenry again
administered the oath of office to Paul P. Strange for the benefit of the
public now in attendance.
Expulsion
Student 49-06: Allen moved, Treece seconded, and the Board
voted 5-0-0 that student 49-06 be expelled from all schools and programs of the
Mt. Diablo Unified School District and that Student 49-06 may apply for readmission
after January 26, 2007. It is required
that Student 49-06 participate in individual counseling, community service, the
COPS program, the district’s Teen Anger Management Workshop and show evidence
of a successful school experience, prior to applying for readmission.
Student 50-06: Treece moved, Allen seconded, and the Board
voted 5-0-0 that Student 50-06 be expelled from all schools and programs of the
Student 51-06: Eberhart moved, Treece seconded, and the
Board voted 5-0-0 that Student 51-06 be expelled from all schools and programs
of the
Student 52-06: Strange moved, Eberhart seconded, and the
Board voted 5-0-0 that Student 52-06 be expelled from all schools and that
Student 52-06 may apply for readmission after January 26, 2007. It is required that Student 52-06 participate
in individual counseling, community service, the COPS program, and show
evidence of a successful school experience, prior to applying for readmission.
Student 53-06: Allen moved, Eberhart seconded, and the Board
voted 5-0-0 that Student 53-06 be expelled from all schools and programs of the
Student 54-06: Treece moved, Allen seconded, and the Board
voted 5-0-0 that Student 54-06 be expelled from all schools and programs of the
Mt. Diablo Unified School District and that Student 54-06 participate in individual
counseling, community service, the COPS program, the Mt. Diablo Unified School
District’s Teen Anger Management Workshop, and show evidence of a successful
school experience, prior to applying for readmission.
Student 55-06: Eberhart moved, Treece seconded, and the Board
voted 5-0-0 that Student 55-06 be expelled from all schools and programs of the
Following
these actions, Mayo reported the action taken and topics discussed in Closed
Session
3. CONSENT AGENDA
Allen moved, Treece seconded, and the Board voted 5-0-0
(Student, abstain) to adopt the Consent Agenda, thereby approving the
following:
3.1 Minutes
of the meeting of March 14, 2006.
3.2 Certificated
Personnel
3.2.1 Leaves of Absence,
Resignations, Retirements, Employment
3.2.2 Deletion of Full-time
Equivalent Position (FTE) for the 2005-06 School Year
Deleted 1.0 FTE Reading Improvement Teacher at Rio Vista
Elementary for 2005-06, decreasing the Categorical Fund budget by $56,302
(Immediate Intervention/Underperforming Schools Program (II/USP).
3.2.3 Resolution 05/06-59 Education
Code 44258.3 – Board Authorization
Under Ed. Code 44258.3 the Board can authorize holders of
any
3.2.4 Resolution 05/06-60 Education
Code 44258.2 – Board Authorization
Under Ed. Code 44258.2 the Board can authorize holders of
single subject or secondary credentials who have 12 lower division units or 6
upper division units in a subject to teach the subject(s) in a middle school
for the current school year.
3.2.5 Resolution 05/06-61 Education
Code 44263 – Board Authorization
Under Ed. Code 44263 the Board can authorize holders of any
California teaching credential who have 18 lower division units or 9 upper
division units in a subject to teach the subject(s) full or part time.
3.3 Classified
Personnel
3.3.1 Leaves of Absence,
Resignations, Retirements, Employment
3.3.2 Increase in Hours for a Site
Technology Support Technician
Increased from 7.45 to 12 hours/week an existing
10-month/year Site Technology Support Technician I position at
3.4 Monthly
Budget Transfers and/or Budget Increases/Decreases for February 2006
3.5 Award
of Bid 1409
Awarded Bid 1409 to Harry L. Murphy, Inc. in the amount of
$429,736 to install flooring in 2006 at Bel Air, Valhalla and Walnut Acres
elementary schools; Diablo View, Glenbrook, Riverview, and Valley View middle
schools; and
3.6 Award
of Inspector of Record (Project Inspector) Contract
Awarded contract not to exceed $16,640 to Alisha Jensen as
inspector of record for DSA-approved tennis court projects at
3.7 Contract
for Architectural/Engineering Services for the Measure C Construction Program
Awarded contract not to exceed $254,220 including
reimbursements to Charles Ham Associates for comprehensive design services
related to the modernization and new construction for the
3.8 Contract
for Testing and Inspection Services for
Awarded contract not to exceed $15,000 to Consolidated
Engineering Laboratories for testing and inspection services for tennis court
improvements at
4. RECOGNITIONS - None
5. PUBLIC COMMENT
Judy Dawson, an applicant for the Board vacancy and member
of the Bay Point Municipal Advisory Committee, invited new Board member Strange
to visit the Bay Point community. Tom Blanks, teacher, noted that March was the
150th anniversary of the Adult Education program in
6. COMMUNICATIONS
6.1 Student Representatives
Reporting on events, activities, and issues at their
respective high schools were Alex Bendoyro,
6.2 Organizations
7. REPORTS/INFORMATION
Fiscal Crisis and
Management Assistance Team (FCMAT)
A. Project scope
•
Review the District’s financial, human
resource (HR) and payroll (PR) systems.
•
Identify corrective actions.
•
Reconfigure the financial, HR and PR systems.
•
Conduct testing and validate system
reconfigurations.
•
Ascertain historical HR and PR data
errors and make corrections.
B. Project accomplishments
•
Completed HR and PR fiscal year-end
rollover.
•
Established summer school job setup and
payment processes
•
Set up deferred payrolls.
•
Performed payroll management duties
during vacancies.
•
Reconfigured PR, HR, benefits system
setups.
•
Re-implemented Position Control.
•
Completed assessment and modification
of HR data input and procedures.
•
Designed implementers’ meeting process.
C. Recommendations include:
•
Hire an Integrated Financial
Administrative Solutions (IFAS) Project Manager.
•
Evaluate and streamline workflow
processes between HR and PR.
•
Train HR and PR staff on legal issues,
federal and state requirements
•
Establish a centralized decision-making
process.
•
Train upper management in process
development.
•
Ensure that the CFO participates in the
bargaining process.
•
Employ a Credential Analyst.
•
Consider creating a Budget Manager in
Fiscal Services.
•
Consider hiring an Applications
Analyst.
Board-staff discussion Eberhart said
the FCMAT report lacks sufficient rationale to support many of the
recommendations. Gamblin said she will contact the
8. SUPERINTENDENT'S REPORT - None
9. BUSINESS
9.1 Appointment of Facilities Assessment Manager
Treece moved, Allen seconded, and the
Board voted 5-0-0 (Student Rep, yes) to appoint Robert Greathouse as Facilities
Assessment Manager, effective immediately.
9.2 Resolution 05/06-63 Support of Senate Bill No. 1193 –
Student Poll Workers—PULLED
9.3 Public Hearing on Impact of Budget Reductions
Mayo opened the public hearing at
8:19 p.m. The hearing was called to provide a forum for individuals to tell
Board members how budget reductions have impacted employees, students, parents,
and the community.
With no further requests to
speak, Mayo closed the public hearing at 8:44 p.m.
9.4 Consider approval of allocation of new revenue to match
the Board of Education criteria for additions to the budget
Criteria for budget
additions, approved by Board of Education, January 17, 2006:
a.
Meet
legal and programmatic mandates.
Meet contractual requirements.
Recommendation from oversight agencies—County Office of Education, Fiscal
Crisis Management and Assistance Team (FCMAT), State Department of Education,
Office of Civil Rights.
b.
Competitive
salaries.
c.
Critical
infrastructure support.
d.
Establish/restore
effective programs.
McHenry explained that in determining
how to allocate any new revenue the District will receive for the 2006-07
budget year, he needed to honor the Board’s commitment to employees to offer
competitive salaries and its commitment to the public to restore programs. He
therefore recommended allocating 80 percent of new revenue to legal mandates
and competitive salaries and 20 percent to infrastructure support and
program/position restoration.
Board comment
Eberhart said he is uncomfortable with delineating specific percentages
until he knows what the “mandates” are. McHenry explained that the overriding
mandate is Special Education, much of which is already covered in the budget.
Some of the FCMAT report’s recommendations can be considered mandates, he said,
adding that he cannot say if other mandates will appear. Eberhart said the
Board has spoken strongly about placing employee compensation at the top of its
priority list. He believes the Board will restore some programs in time and
sees no reason to box it in with specific percentages. McHenry said he has
adhered to the Board’s directive by allocating the lion’s share of additional
revenue to competitive salaries. Allen said the 80-20 split gives the Board
guidelines, and he is comfortable with it. He commented that the Board could
have to wait until August if it postpones decisions until the District knows
specifically how much money it will have. He acknowledged that the Board has
spoken in favor of competitive salaries, but said there must be a balance with
needs in other areas. Treece agreed, saying the split shows the Board’s
commitment to mandates and salaries while achieving a balance with other needs.
Mayo said if it becomes necessary to reconsider the split, the Board can do so
at a later time.
Board action
Treece moved, Allen seconded, and the Board voted 4-1-0 (Eberhart, no;
Student Rep, yes) to allocate 80 percent of new revenue to legal mandates and
competitive salaries and 20 percent of revenues to infrastructure support and
program/position restoration.
9.5 Consider
Approval of Additions to the Budget
McHenry reported that three years’ of
reductions in the District budget coupled with more money from the state for
2006-07 provides an opportunity for the Board to add back some positions. He
presented a list of recommendations, which the Board considered and acted upon
separately, as follows:
Board action
•
Treece
moved, Eberhart seconded, and the Board voted 5-0-0 (Student Rep, yes) to
restore middle and high school librarians to 100% (Fiscal impact: 16 positions,
or 4.53 FTE, at an average cost of $65,000 per position).
•
Eberhart
moved, Strange seconded, and the Board voted 5-0-0 (Student Rep, yes) to
restore 4th grade elementary music positions. (Fiscal impact:
$277,800)
•
Allen
moved, Eberhart seconded, and the Board voted 5-0-0 (Student Rep, yes) to
restore custodian lead worker and two crew members. (Fiscal impact: $150,000)
•
Treece
moved, Strange seconded, and the Board voted 5-0-0 (Student Rep, abstain) to
restore six high school secretary positions. (Fiscal impact: $267,000)
•
Allen
moved, Treece seconded, and the Board voted 4-1-0 (Eberhart, no; Student Rep,
yes) to restore one custodial supervisor position. (Fiscal impact: $70,000)
Board comment Eberhart said he
would like to see a plan to reorganize custodial services before he votes on
this item. Based on a custodial services report presented last year and a memo
from a staff member, he believes there may be a way to save money in this area.
Treece said that the custodial supervisor fills both a support and a leadership
role on the high school campuses.
•
Allen
moved, Treece seconded, and the Board voted 5-0-0 (Student Rep, yes) to restore
one school psychologist position. (Fiscal impact: $90,000)
•
Treece
moved, Strange seconded, and the Board voted 5-0-0 (Student Rep, yes) to
restore two elementary vice principal positions. ($165,000)
Fiscal Impact of approved items: Up to $1,314,250 Funding Source: General Fund
9.6 Resolution
05/06-64 Authorizing Award of Energy Conservation/Services Agreement
Staff recommended the Board approve a contract with Cal Air
to improve energy services at several District sites. The improvements would be
financed by a lease-purchase agreement paid by future reductions in energy
costs, previously planned deferred maintenance expenditures, rebates from
PG&E, and matching state funds. As such, there would be no net cost to the
District.
Board comment In response to
Eberhart, Chris Bristow of Cal Air said the mechanical equipment needs to be
ordered by early April in order to be available for installation this summer.
Eberhart said he has not yet read the contract and suggested that the Board
hold a special meeting next Tuesday to consider it. McHenry said the item is to
delegate authority to the superintendent to negotiate a contract, not to
approve the contract itself. Mayo said she’s read the draft contract the Board
received last week and has forwarded her comments to staff. Eberhart asked for
assurance that work being performed in the contract would not be any done by a
District job position that has been eliminated. Nicoll said staff would review
the work with Local One, M&O.
Board action Before the
discussion, Treece moved and Strange seconded a motion to adopt Resolution
05/06-64. After the discussion, Eberhart moved, Allen seconded, and the Board
voted 4-1-0 (Mayo, no) to table the item until a future Board meeting, when
staff will present the final contract and the Board will have received input
from Local One, M&O.
9.7 Resolution 05/06-62 Intent to Dedicate a Temporary Construction
Easement to
Eberhart moved, Treece seconded, and
the Board voted 5-0-0 (Student Rep, yes) to adopt Resolution 05-06-6,
dedicating a temporary construction easement to Contra Costa County for the
purpose of constructing a new sidewalk, curb ramps, and driveway conforms on
the north side of District property (Rio Vista Elementary) adjacent to Pacifica
Avenue, between Wharf Drive and Mariners Cove.
9.8 2006-2009
District Technology Plan
Allen moved, Treece seconded, and the Board voted 5-0-0
(Student Rep, yes) to approve the 2006-2009 District Technology Plan.
As a requirement to participate in the E-Rate program and
the Enhancing Education Through Technology (EETT) Formula grant and to remain
eligible to participate in a wide range of federal and state discretionary
grant programs, the District is required to have a Board-adopted and
state-approved technology plan. Fiscal Impact:
The technology plan includes cost estimates for various strategies and
activities and identifies potential funding sources for them, but does not
itself require the expenditure of these amounts. Funding Source: Multiple funding sources, including the
General Fund. Presented as information at the March 14 meeting, this item was
returned for action at this time.
Board comment Eberhart said he’s
been impressed with the technology he’s seen in use at the schools, though it
does vary from site to site. He noted that the Board will need to consider
increasing the number of site technology staff as technology progresses. Treece
said she is pleased to see the plan address the integration of technology into
the classroom, which she did not see in the last plan. She called this version
“a leap forward.” She said the plan allows the District to be poised to move
forward as resources are available and congratulated the committee members who
drafted it. Mayo agreed, saying the new plan shows considerable progress over
the previous two.
9.9 Project
Labor Agreement
Eberhart moved, Allen seconded, and the Board voted 5-0-0
(Student Rep, abstain) to approve a Project Labor Agreement with the
Public comment John Parker, member
of the Measure C Oversight Committee, reiterated his opposition to the Project
Labor Agreement, calling it a “union only agreement.” He said it’s not fair to
non-union contractors.
Board comment
Eberhart said the Board agreed last year to identify a pilot project to
conduct under a PLA methodology to see if it would work for the District. He
said staff and the Board’s facilities subcommittee have worked hard to finetune
the agreement. He believes a PLA can result in a high-quality workforce because
union workers have been through a high-quality apprenticeship program and have
a vested interest in the project because they live in the community. He also
believes it will create a better relationship
10. BOARD REPORTS
Eberhart reported that he attended the music festival at
Concord High and then asked for an update on the
Allen said he enjoyed seeing the leadership from all the
high schools and alternative schools at the Youth Forum 2006 last week. He
described aspects of the forum, calling it “a day well spent.” At today’s Concord
Chamber of Commerce meeting, he reported, Adult Education Director Joanne
Durkee and Board member April Treece were congratulated on their work on BEST
Day.
Strange announced that he intends to
be visiting sites during the next weeks and months.
11. ADJOURNMENT Mayo adjourned the meeting at 10:06 p.m.