MT. DIABLO UNIFIED SCHOOL DISTRICT

 

BOARD MEETING – March 28, 2006

 

ATTENDANCE:           Board: Linda Mayo, Dick Allen, Gary Eberhart, April Treece. After taking the oath at 6:01 p.m., Paul Strange

Administrative Staff: Superintendent Gary McHenry; Associate Superintendent Alan Young; assistant superintendents Roger Bylund, Mildred Browne, Gail Isserman, and Dick Nicoll; General Counsel Greg Rolen; Chief Financial Officer Gloria Gamblin

Student Representatives:  Alex Bendoyro, Clayton Valley High (voting); Avani Mody, Concord; Erika Moore, Mt. Diablo High; David Cranmer, Ygnacio Valley

 

1.             CALL TO ORDER

The meeting was called to order by President Mayo at 6:00 p.m. in the Board Room at the Mt. Diablo Unified School District Dent Center.

 

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 Dent Center.  Topics discussed included 7 expulsions; anticipate litigation (one potential case): public employee discipline/dismissal/release/complaint; and negotiations.

 

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 Mt. Diablo Unified School District and that Student 50-06 may apply for readmission after January 26, 2007.  It is required that Student 50-06 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 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 Mt. Diablo Unified School District and that Student 51-06 may apply for readmission after January 26, 2007.  It is required that Student 51-06 participate in individual counseling, community service, the COPS program, and show evidence of a successful school experience, prior to applying for readmission.

 

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 Mt. Diablo Unified School District ant that Student 53-06 may apply for readmission after January 26, 2007.  It is required that Student 53-06 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 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 Mt. Diablo Unified School District and that Student 55-06 may apply for readmission after January 26, 2007.  It is required that Student 55-06 participate 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.

 

        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 California teaching credential, with their consent, to teach departmentalized classes in grades K-12.

 

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 Valley View Middle School. There is no impact to the General Fund. The $1,608 increased cost for fiscal year 2005-06 and full-year cost of $4,618 will be funded 65% through School Improvement Plan funds and 35% from the Parent Faculty Club.

 

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 Mt. Diablo, Northgate, and Ygnacio Valley high schools. Funding Source:  Deferred Maintenance

 

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 Riverview Middle School and Clayton Valley and Concord high schools. Funding Source:  Proposition 55.

 

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 Dent Education Center. Funding Source:  Measure C

 

3.8          Contract for Testing and Inspection Services for Tennis Court Improvements

Awarded contract not to exceed $15,000 to Consolidated Engineering Laboratories for testing and inspection services for tennis court improvements at Riverview Middle School, Clayton Valley and Concord high schools. Funding Source:  Proposition 55

 

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 California. He requested that the Board adopt a resolution opposing any legislation that would be detrimental to illegal immigrants.

 

6.             COMMUNICATIONS

        6.1 Student Representatives

Reporting on events, activities, and issues at their respective high schools were Alex Bendoyro, Clayton Valley; Avani Mody, Concord; Erika Moore, Mt. Diablo; and David Cranmer, Ygnacio Valley.

 

6.2 Organizations

Ron Hansen, Local One, M&O president. welcomed Paul Strange to the Board and thanked Board members for the open process they used to select him. He voiced concern about the agreement for energy conservation services and the District’s new technology plan because of their potential impact on staffing. He expressed appreciation for the proposed Project Labor Agreement.

 

7.             REPORTS/INFORMATION

                Fiscal Crisis and Management Assistance Team (FCMAT)

Gloria Gamblin reviewed the report and recommendations from the Fiscal Crisis and Management Assistance Team (FCMAT) called in by the Contra Costa County Office of Education in April 2005 in response to employee complaints about the District’s payroll management system. Work began in May and was completed on December 16, 2005. Highlights of her presentation:

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 County Office of Education to request more documentation. Treece said she would appreciate information showing the recommendations in priority order and according to short- and long-term implementation needs. McHenry said that staff will ask for more information but also, over the next few months, will be coming to the Board with recommendations. He pointed out that the FCMAT was sent to the District to address shortcomings in the payroll management system, so recommendations should be considered as mandates, not just suggestions. He also noted that nowhere in the report were there any allegations of financial mismanagement, which had been rumored since the team was assigned to the District last year.

 

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.

 

Carla Ludwig, representative of the Parent Action Coalition for Education (PACE), described the impact of cutting the 4th grade instrumental music program on the teachers, students, and program and urged the Board to restore it. Shelley Pattison, vice president of Northgate High’s instrumental boosters, described the influence of 4th grade music on her children. Gary Platt, parent, spoke of the need for creativity in his support for music in the schools. Lisa Magill, parent, said 4th grade music is essential to the music programs that follow, secondary librarians are core fundamental inspirations to students, and secretaries in the high schools are vital. Margaret Vercammen, parent, asked that the music program and library hours be reinstated. Sheila Hill, parent, described the impact of cutbacks in secondary level library services. Janet Fitzpatrick, instructional media assistant (IMA), described the IMA’s role in maintaining library services and asked the Board to restore cuts in those positions. Sue Casey, parent, voiced support for the recommendation to restore 4th grade music. Mitzi Merek, parent, spoke of the importance of librarians to students’ academic achievement.

 

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 Contra Costa County at Rio Vista Elementary School

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 Contra Costa Building and Labor Trades Council for a pilot construction project of at least $1 million.

 

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 College Park residency verification audit. In response, Browne said only about 300 families have participated to date; staff is following up, and there are more opportunities for parents to bring in documentation to verify their residence.

 

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.

 

 

 

                                                               

Gary McHenry, Secretary