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	<title>Comments on: Mt. Diablo and Poway districts provide cautionary tales for school districts seeking to issue Capital Appreciation Bonds</title>
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	<link>http://www.ibabuzz.com/onassignment/2012/11/30/mt-diablo-and-poway-districts-provide-cautionary-tales-for-school-districts-seeking-to-issue-capital-appreciation-bonds/</link>
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		<title>By: Doctor J</title>
		<link>http://www.ibabuzz.com/onassignment/2012/11/30/mt-diablo-and-poway-districts-provide-cautionary-tales-for-school-districts-seeking-to-issue-capital-appreciation-bonds/comment-page-1/#comment-34343</link>
		<dc:creator>Doctor J</dc:creator>
		<pubDate>Thu, 06 Dec 2012 05:59:16 +0000</pubDate>
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		<description><![CDATA[The General Counsel giving legal advice on his own contract ?  Hello, State Bar.  I am a taxpayer and want to file a complaint.]]></description>
		<content:encoded><![CDATA[<p>The General Counsel giving legal advice on his own contract ?  Hello, State Bar.  I am a taxpayer and want to file a complaint.</p>
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		<title>By: g</title>
		<link>http://www.ibabuzz.com/onassignment/2012/11/30/mt-diablo-and-poway-districts-provide-cautionary-tales-for-school-districts-seeking-to-issue-capital-appreciation-bonds/comment-page-1/#comment-34339</link>
		<dc:creator>g</dc:creator>
		<pubDate>Thu, 06 Dec 2012 05:06:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.ibabuzz.com/onassignment/?p=10437#comment-34339</guid>
		<description><![CDATA[Dr J #44.  As we have asserted many times, the vote for the contract extensions, as presented at that time, must be held &quot;Invalid&quot; per AB1344.

If they want to &quot;renew&quot; those executives&#039; contracts at, or prior to, their expiration in 2013 the board must be presented with new and valid contracts to vote on.  

Then, only after a new and valid contract has been approved by open session vote, should any of the board&#039;s signatures go on the new contracts.

I think everyone in question at the Dent level,  and a couple very savvy board members, know that NOW, and I think that is why there are no &quot;corrected&quot; and &quot;signed&quot; contracts currently available.]]></description>
		<content:encoded><![CDATA[<p>Dr J #44.  As we have asserted many times, the vote for the contract extensions, as presented at that time, must be held &#8220;Invalid&#8221; per AB1344.</p>
<p>If they want to &#8220;renew&#8221; those executives&#8217; contracts at, or prior to, their expiration in 2013 the board must be presented with new and valid contracts to vote on.  </p>
<p>Then, only after a new and valid contract has been approved by open session vote, should any of the board&#8217;s signatures go on the new contracts.</p>
<p>I think everyone in question at the Dent level,  and a couple very savvy board members, know that NOW, and I think that is why there are no &#8220;corrected&#8221; and &#8220;signed&#8221; contracts currently available.</p>
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		<title>By: Doctor J</title>
		<link>http://www.ibabuzz.com/onassignment/2012/11/30/mt-diablo-and-poway-districts-provide-cautionary-tales-for-school-districts-seeking-to-issue-capital-appreciation-bonds/comment-page-1/#comment-34337</link>
		<dc:creator>Doctor J</dc:creator>
		<pubDate>Thu, 06 Dec 2012 04:04:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.ibabuzz.com/onassignment/?p=10437#comment-34337</guid>
		<description><![CDATA[Here is FF&amp;F&#039;s legal review of AB 1344 and why Steven Lawrence &amp; Greg Rolen have put everyone into legal quicksand.  [Same people who did the webinar I linked this morning].  http://www.fagenfriedman.com/newsflash.php?nf=318]]></description>
		<content:encoded><![CDATA[<p>Here is FF&amp;F&#8217;s legal review of AB 1344 and why Steven Lawrence &amp; Greg Rolen have put everyone into legal quicksand.  [Same people who did the webinar I linked this morning].  <a href="http://www.fagenfriedman.com/newsflash.php?nf=318" rel="nofollow">http://www.fagenfriedman.com/newsflash.php?nf=318</a></p>
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		<title>By: Doctor J</title>
		<link>http://www.ibabuzz.com/onassignment/2012/11/30/mt-diablo-and-poway-districts-provide-cautionary-tales-for-school-districts-seeking-to-issue-capital-appreciation-bonds/comment-page-1/#comment-34336</link>
		<dc:creator>Doctor J</dc:creator>
		<pubDate>Thu, 06 Dec 2012 03:54:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.ibabuzz.com/onassignment/?p=10437#comment-34336</guid>
		<description><![CDATA[Steven Lawrence and Greg Rolen have put themselves, and their administrators, into legal quicksand by their rushing for Board approval of the &quot;contract extensions&quot; with no other changes.  AB 1344 made their contracts unable to &quot;extend&quot; without major modifications which the Board did not consider and did not approve.  Once those contracts are fully disclosed, and reviewed word by word, you will see the &quot;craftiness of the devil&quot; [pardon the Biblical reference].  If the contracts are just &quot;extensions&quot; entered into after Jan 1, 2012 they are illegal -- If the contracts are &quot;modified&quot; more than just &quot;extended&quot; they are illegal by insertion of clauses not approved nor discussed by the Board.  Either way this new board can revisit the whole gamit of each and every contract, and should do it one by one in open session.  The deviousness of the perpetrators should not go unpunished.]]></description>
		<content:encoded><![CDATA[<p>Steven Lawrence and Greg Rolen have put themselves, and their administrators, into legal quicksand by their rushing for Board approval of the &#8220;contract extensions&#8221; with no other changes.  AB 1344 made their contracts unable to &#8220;extend&#8221; without major modifications which the Board did not consider and did not approve.  Once those contracts are fully disclosed, and reviewed word by word, you will see the &#8220;craftiness of the devil&#8221; [pardon the Biblical reference].  If the contracts are just &#8220;extensions&#8221; entered into after Jan 1, 2012 they are illegal &#8212; If the contracts are &#8220;modified&#8221; more than just &#8220;extended&#8221; they are illegal by insertion of clauses not approved nor discussed by the Board.  Either way this new board can revisit the whole gamit of each and every contract, and should do it one by one in open session.  The deviousness of the perpetrators should not go unpunished.</p>
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		<title>By: Theresa Harrington</title>
		<link>http://www.ibabuzz.com/onassignment/2012/11/30/mt-diablo-and-poway-districts-provide-cautionary-tales-for-school-districts-seeking-to-issue-capital-appreciation-bonds/comment-page-1/#comment-34335</link>
		<dc:creator>Theresa Harrington</dc:creator>
		<pubDate>Thu, 06 Dec 2012 03:08:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.ibabuzz.com/onassignment/?p=10437#comment-34335</guid>
		<description><![CDATA[You&#039;re right that the FCMAT report suggests a Transportation Director be hired. If Rolen is relieved of his transportation duties, it would make sense to revisit the reason for his pay increase.
At the time, interim supt. Dick Nicoll told me that he recommended the other four pay increases (which were smaller), but that the pay increase for Rolen was not his idea. He was very clear with me that he did what the board told him to do. 
Although he didn&#039;t specifically say where the idea for the raise came from, it was my impression that it came from Gary Eberhart and Paul Strange, who I believe were the board president and vice president. 
The vote was 3-2, with Trustees Linda Mayo and Dick Allen voting against the raises.
The minutes also appear to suggest that Strange and Eberhart crafted the plan (although Whitmarsh made the initial motion):

&quot;Board Comment
Dick Allen said that he could not support the plan for the same reasons he could not support the three year contract renewals. He said to that he wanted to wait for the new superintendent. He also stated that he wanted to be clear that he supported the administrators but wanted to wait until the new superintendent came aboard.

Paul Strange shared that restructuring before the new superintendent takes office, even though it does not take effect until July 2009, is important due to the financial status, and budget reductions already done. He stated that when doing the budget reductions, the need to restructure was discussed. He said that the restructure is an extension of the budget reductions and that the administrative positions were being presented to the public with new roles and different classifications. He stated that this core team of administrators provides the key support services for the children in the district.

Sherry Whitmarsh reported that she had received emails about the reorganization asking why now or why at this time. Sherry said that it did not matter when it was presented, that the Board needed to be transparent. She said that this plan is part of the previous approved budget reductions.

Linda Mayo shared that she would not support the reorganization at this time as she had concerns regarding the timing and being able to provide the new superintendent the most flexible process. She said that delaying this decision one to four months would not be inappropriate.

Gary Eberhart said that he worked on this plan and supported bringing it forward at this time. He said that if the district were to lose any one of these individuals, it would cost the district more to have to backfill a position at the current market rate value. He said that he agreed that the timing doesn&#039;t look good but that it is better to be up front and defend the expenses.

Member (Sherry Whitmarsh) moved, Member (Paul Strange) seconded to approve the reorganization plan as presented. The motion CARRIED 3 – 2 – 0 (Allen, Mayo – No).&quot;

Here&#039;s the link to the minutes: http://www.mdusd.org/boe/Documents/minutes/0910/11-17-09.pdf

Now that Eberhart and Whitmarsh will be gone, the new board could certainly revisit that reorganization and the pay increase. In fact, I have heard that many MDUSD administrator salaries are far above what the same positions make in other districts. Perhaps FCMAT could study that and see what &quot;most districts&quot; are paying.]]></description>
		<content:encoded><![CDATA[<p>You&#8217;re right that the FCMAT report suggests a Transportation Director be hired. If Rolen is relieved of his transportation duties, it would make sense to revisit the reason for his pay increase.<br />
At the time, interim supt. Dick Nicoll told me that he recommended the other four pay increases (which were smaller), but that the pay increase for Rolen was not his idea. He was very clear with me that he did what the board told him to do.<br />
Although he didn&#8217;t specifically say where the idea for the raise came from, it was my impression that it came from Gary Eberhart and Paul Strange, who I believe were the board president and vice president.<br />
The vote was 3-2, with Trustees Linda Mayo and Dick Allen voting against the raises.<br />
The minutes also appear to suggest that Strange and Eberhart crafted the plan (although Whitmarsh made the initial motion):</p>
<p>&#8220;Board Comment<br />
Dick Allen said that he could not support the plan for the same reasons he could not support the three year contract renewals. He said to that he wanted to wait for the new superintendent. He also stated that he wanted to be clear that he supported the administrators but wanted to wait until the new superintendent came aboard.</p>
<p>Paul Strange shared that restructuring before the new superintendent takes office, even though it does not take effect until July 2009, is important due to the financial status, and budget reductions already done. He stated that when doing the budget reductions, the need to restructure was discussed. He said that the restructure is an extension of the budget reductions and that the administrative positions were being presented to the public with new roles and different classifications. He stated that this core team of administrators provides the key support services for the children in the district.</p>
<p>Sherry Whitmarsh reported that she had received emails about the reorganization asking why now or why at this time. Sherry said that it did not matter when it was presented, that the Board needed to be transparent. She said that this plan is part of the previous approved budget reductions.</p>
<p>Linda Mayo shared that she would not support the reorganization at this time as she had concerns regarding the timing and being able to provide the new superintendent the most flexible process. She said that delaying this decision one to four months would not be inappropriate.</p>
<p>Gary Eberhart said that he worked on this plan and supported bringing it forward at this time. He said that if the district were to lose any one of these individuals, it would cost the district more to have to backfill a position at the current market rate value. He said that he agreed that the timing doesn&#8217;t look good but that it is better to be up front and defend the expenses.</p>
<p>Member (Sherry Whitmarsh) moved, Member (Paul Strange) seconded to approve the reorganization plan as presented. The motion CARRIED 3 – 2 – 0 (Allen, Mayo – No).&#8221;</p>
<p>Here&#8217;s the link to the minutes: <a href="http://www.mdusd.org/boe/Documents/minutes/0910/11-17-09.pdf" rel="nofollow">http://www.mdusd.org/boe/Documents/minutes/0910/11-17-09.pdf</a></p>
<p>Now that Eberhart and Whitmarsh will be gone, the new board could certainly revisit that reorganization and the pay increase. In fact, I have heard that many MDUSD administrator salaries are far above what the same positions make in other districts. Perhaps FCMAT could study that and see what &#8220;most districts&#8221; are paying.</p>
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		<title>By: Doctor J</title>
		<link>http://www.ibabuzz.com/onassignment/2012/11/30/mt-diablo-and-poway-districts-provide-cautionary-tales-for-school-districts-seeking-to-issue-capital-appreciation-bonds/comment-page-1/#comment-34333</link>
		<dc:creator>Doctor J</dc:creator>
		<pubDate>Thu, 06 Dec 2012 02:43:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.ibabuzz.com/onassignment/?p=10437#comment-34333</guid>
		<description><![CDATA[@#41 We would find out quickly if Brian Lawrence can walk the walk, and not just talk the talk.  The new Board may want to by-pass Rolen and hire an independent attorney to review the so called contract extensions that appear to be illegal if they did what the agenda and minutes said -- extended the contracts since they have automatic escalators in them.  If the contracts are illegal, then the Board can toss them, and reconsider the issues.  The new Board might want to revisit the Gang of Five raises, especially Rolen&#039;s &quot;extra&quot; for &quot;additional responsibilities&quot; and remove those from him, along with his &quot;extra&quot; $27,000 -- I think the FCMAT Transportation report suggests that a Transportation Director be hired instead of Rolen.]]></description>
		<content:encoded><![CDATA[<p>@#41 We would find out quickly if Brian Lawrence can walk the walk, and not just talk the talk.  The new Board may want to by-pass Rolen and hire an independent attorney to review the so called contract extensions that appear to be illegal if they did what the agenda and minutes said &#8212; extended the contracts since they have automatic escalators in them.  If the contracts are illegal, then the Board can toss them, and reconsider the issues.  The new Board might want to revisit the Gang of Five raises, especially Rolen&#8217;s &#8220;extra&#8221; for &#8220;additional responsibilities&#8221; and remove those from him, along with his &#8220;extra&#8221; $27,000 &#8212; I think the FCMAT Transportation report suggests that a Transportation Director be hired instead of Rolen.</p>
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		<title>By: Theresa Harrington</title>
		<link>http://www.ibabuzz.com/onassignment/2012/11/30/mt-diablo-and-poway-districts-provide-cautionary-tales-for-school-districts-seeking-to-issue-capital-appreciation-bonds/comment-page-1/#comment-34332</link>
		<dc:creator>Theresa Harrington</dc:creator>
		<pubDate>Thu, 06 Dec 2012 02:33:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.ibabuzz.com/onassignment/?p=10437#comment-34332</guid>
		<description><![CDATA[That is a good point. That would certainly show that the new trustees are committed to transparency and to listening to the public before making decisions.]]></description>
		<content:encoded><![CDATA[<p>That is a good point. That would certainly show that the new trustees are committed to transparency and to listening to the public before making decisions.</p>
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		<title>By: Doctor J</title>
		<link>http://www.ibabuzz.com/onassignment/2012/11/30/mt-diablo-and-poway-districts-provide-cautionary-tales-for-school-districts-seeking-to-issue-capital-appreciation-bonds/comment-page-1/#comment-34331</link>
		<dc:creator>Doctor J</dc:creator>
		<pubDate>Thu, 06 Dec 2012 02:15:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.ibabuzz.com/onassignment/?p=10437#comment-34331</guid>
		<description><![CDATA[@TH24 Since Rolen has not responded to your question about when and who authorized him to file a Board response to the Grand Jury report, perhaps its time to ask the three carry-over board members [Hansen, Mayo and Dennler] if they did and when and where it was considered, giving them a copy of it, plus advising them it doesn&#039;t appear on any Agenda or minutes.  If it was unauthorized, the new Board is within its rights to send a letter to the Grand Jury, revoking the prior letter as unauthorized, and send a new letter that is sunshined and debated before the public.]]></description>
		<content:encoded><![CDATA[<p>@TH24 Since Rolen has not responded to your question about when and who authorized him to file a Board response to the Grand Jury report, perhaps its time to ask the three carry-over board members [Hansen, Mayo and Dennler] if they did and when and where it was considered, giving them a copy of it, plus advising them it doesn&#8217;t appear on any Agenda or minutes.  If it was unauthorized, the new Board is within its rights to send a letter to the Grand Jury, revoking the prior letter as unauthorized, and send a new letter that is sunshined and debated before the public.</p>
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		<title>By: Hell Freezing Over</title>
		<link>http://www.ibabuzz.com/onassignment/2012/11/30/mt-diablo-and-poway-districts-provide-cautionary-tales-for-school-districts-seeking-to-issue-capital-appreciation-bonds/comment-page-1/#comment-34295</link>
		<dc:creator>Hell Freezing Over</dc:creator>
		<pubDate>Wed, 05 Dec 2012 07:37:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.ibabuzz.com/onassignment/?p=10437#comment-34295</guid>
		<description><![CDATA[TH @ 38
A secretary is out I&#039;ll so everything comes to a standstill? He can&#039;t access and send copies himself? No one else can do this? ( on a side note, who has secretaries anymore? )

What has been the excuse for not having those signed contracts to you when first requested? (how long ago was that?). This is what this administration depends on; stall / delay and give excuses instead of answers and just hope the parent, reporter, teacher, etc. will just forget and go away.

Regarding no response to your questions on whether the board reviewed and approved the response by Rolen, it would appear that is your answer. It is a yes or no question - there is no gray area.  So to me, no response to that question equals &quot;no&quot;.

Perhaps separating all questions / document requests into separate emails (one subject per email) will help get answers more quickly, or at least make it easier to track how long it takes for them to come up with excuses instead of answering the questions / requests.]]></description>
		<content:encoded><![CDATA[<p>TH @ 38<br />
A secretary is out I&#8217;ll so everything comes to a standstill? He can&#8217;t access and send copies himself? No one else can do this? ( on a side note, who has secretaries anymore? )</p>
<p>What has been the excuse for not having those signed contracts to you when first requested? (how long ago was that?). This is what this administration depends on; stall / delay and give excuses instead of answers and just hope the parent, reporter, teacher, etc. will just forget and go away.</p>
<p>Regarding no response to your questions on whether the board reviewed and approved the response by Rolen, it would appear that is your answer. It is a yes or no question &#8211; there is no gray area.  So to me, no response to that question equals &#8220;no&#8221;.</p>
<p>Perhaps separating all questions / document requests into separate emails (one subject per email) will help get answers more quickly, or at least make it easier to track how long it takes for them to come up with excuses instead of answering the questions / requests.</p>
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		<title>By: Theresa Harrington</title>
		<link>http://www.ibabuzz.com/onassignment/2012/11/30/mt-diablo-and-poway-districts-provide-cautionary-tales-for-school-districts-seeking-to-issue-capital-appreciation-bonds/comment-page-1/#comment-34292</link>
		<dc:creator>Theresa Harrington</dc:creator>
		<pubDate>Wed, 05 Dec 2012 06:25:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.ibabuzz.com/onassignment/?p=10437#comment-34292</guid>
		<description><![CDATA[In response to my email to Rolen (which I copied to Supt. Lawrence), I received a response from Lawrence saying that his secretary has been out ill, but he would make sure she gets me the contracts as soon as possible. So, it appears the contracts have been signed, just in time for the board changeover.
However, neither Rolen nor Lawrence responded to my questions about why Rolen asserted that his Grand Jury response was filed by the board. I informed Lawrence in an email that most districts present Grand Jury reports and responses to their boards, allowing for public discussion and approval (or modifications) before the response is sent to the Grand Jury. I asked if the MDUSD board reviewed and approved the Grand Jury response. I got no response.]]></description>
		<content:encoded><![CDATA[<p>In response to my email to Rolen (which I copied to Supt. Lawrence), I received a response from Lawrence saying that his secretary has been out ill, but he would make sure she gets me the contracts as soon as possible. So, it appears the contracts have been signed, just in time for the board changeover.<br />
However, neither Rolen nor Lawrence responded to my questions about why Rolen asserted that his Grand Jury response was filed by the board. I informed Lawrence in an email that most districts present Grand Jury reports and responses to their boards, allowing for public discussion and approval (or modifications) before the response is sent to the Grand Jury. I asked if the MDUSD board reviewed and approved the Grand Jury response. I got no response.</p>
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