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Live blog of MDUSD 12-10-12 meeting

By Theresa Harrington
Monday, December 10th, 2012 at 7:28 pm in Education.

Newly elected trustees Brian Lawrence and Barbara Oaks were sworn in.

Dennler nominated Mayo as president and Oaks nominated Hansen as president.
Trustees voted first on Hansen. Public couldn’t see votes, but Mayo said she got at least three so she won.

Hansen nominated Oaks as vice president and Brian Lawrence seconded it. There were no other nominations and Oaks was elected.

Board appointed Superintendent Steven Lawrence as secretary.

Mayo moved, Dennler seconded to accept meeting dates.
Hansen made motion to amend to changing to Thursday nights. There was no second.
Original motion unanimously passed.
Separate motion by Dennler, seconded by Mayo to establish above meeting dates.

Certificate of Signatures to be amended with correction of Hansen as president. Moved by Mayo, seconded by Lawrence.
Unanimously passed.

Consent calendar:

Alicia Minyen spoke about items 9.7, 9.14 and 9.18.

Brian Lawrence removed item 9.27 (lease-leaseback) from agenda.

Hansen removed items 9.2 mins, 9.7 fiscal, and 9.14 taber

Board unanimously approved rest of consent calendar.

Hansen moved to change mins to remove “amended” on motions regarding translation contracts, since they were original motions.
Unanimously passed.

9.7 Fiscal: question re Anna Koroni (spell?) overpayment and adjustment.
There seem to be a number of overpayments.
Richards: CalPERS adjustment.
Hansen asked about cash on hand and Wells Fargo Bank.
Richards: This is paying contract retention for Sun Power.
Unanimously passed.

9.14 Taber: Hansen asked about change order and Pete Pedersen explained it. He said contractor has not yet been paid. He said Measure C expenses are very transparent. He said he vhas given authority for work to be done.
Brian Lawrence asked what would happen if board didn’t approve and Pedersen said he thought the district would still be on the hook for payment.
Mayo pointed out some costs that seemed unforseen and Supt. Lawrence praised Pedersen’s team for low overall change orders.
(Please note that I am uploading some portions of meeting to and
Pedersen said anyone can come and look at books.

9.27 lease-leaseback:
Brian Lawrence asked for an explanation of lease-leaseback and Pedersen explained it. He said district enters into contractor with experience and contractor assumes certain liabilities. We get value and predictability, he said.
Brian Lawrence asked about lowest responsible bidders and Pedersen said no contractor wants to be called unresponsible.
Hansen said the Sweetwater Dist. has gotten into legal trouble with this and Pedersen offered to show board a bid summary. “It won’t address whether this is an end-around public contract law,” he said. But he said it would be more transparent.
Hansen said some deals are being cut in other districts.
Mayo asked if Hansen wanted trustees to disclose whether they had been approached for any deals. Hansen said she wasn’t asking for that.
Mayo asked what would happen if board denied the contract and go out to bid.
Pedersen said it would delay project, but wouldn’t cost district anything.
Dennler asked whether the board should be concerned that something shady was going on and Pedersen said, “no.” He said as long as the district employs the people in his shop, the board will never have to worry about that.
He said this was the best way to do this and get good quality in a good timeframe.

Public comment:

Dan Reynolds: Thanked board for supporting Prop. 30 and opposing Prop. 32, as well as voters.

Wendy Lack: Alleges that Linda Mayo, Sherry Whitmarsh and Gary Eberharted violated Brown Act by signing contracts.

Willie Mims asked for copy of letter submitted to board by Lack and asked for positive changes in 2013. He also said he believed there can be no discussion under Roberts’ Rules of Order if there is a motion and no second. He challenged Hansen to engage more with the public.

Alicia Minyen brought up Grand Jury report in May 2012 regarding Bond Oversight. She asked why this was not publicly discussed. She said the board owes the public this transparency. She said the district refused to implement some recommendations. She said she would provide her request in writing and wants the CBOC to discuss the Grand Jury report this Thursday because it directly pertains to the work that they perform.

Hansen reassured Lack that board would respond and call a special meeting Monday of next week to address the contracts under question. She said the board would take action to notify district administrators that their contracts may not be renewed.

Mayo expressed concerns that she stood as one of the accused and asked Rolen to provide a legal opinion. He said the deadlines are in the contracts.

Mayo said she found a contract that says 45 days prior to termination and asked if Hansen planned to terminate the employees. Hansen said it didn’t mean that.

Dennler clarified that the Monday meeting would not address whether the allegation is correct. Rolen said he thought it required a legal analysis and offered to look into it. Hansen said he would have to be careful about double role, since his contract is one of those in question. He offered to ask someone on the outside to look into it.

Hansen said the board would decide in January what to do.

Mayo said she is feeling very threatened by the word “cure.”

Brian Lawrence said he would be out of the country and would participate by phone.

The board agreed to meet at 7 p.m. Monday.

Superintendent’s Report:
Barb Moser of Foothill MS has been nominated as California League of Middle School Teacher of the Year:

Ernie DeTrinidad presented District English Learner Advisory Committee report.

Bill Morones presented AB 790 Linked Learning Pilot Grant.

Board appointed former Antioch employee as Database Administrator.

Board appointed Melanie Coslow as Construction Manager 1.

15.3 CFO Bryan Richards is presenting First Interim Report 2012-13:

Unfortunately, the PowerPoint has not been posted.

He said there will be no furlough days and employees who had money taken out of paychecks for possible furlough days have already received refunds.

Richards is predicting a decline of about 270.5 in ADA next year. Major drop from last year to this year was due to the Clayton Valley Charter. But, there was a large kindergarten bump that lessened the decline.

Next year will be sixth consecutive year without a Cost of Living Adjustment (COLA).

Solar CSI credits are about $3 million.

About 88 percent of budget is for salaries and benefits.

Projected ending balance is $30.7 million, including 2 percent reserve of $5.8 million.

Certified as Qualified, meaning may not be able to pay all bills in three years. Said multi-year projections were amended. Will have to cut $3.3 to about $7 million, cutting at least $3.3 million by second interim.

Mayo pointed out that district may not be able to spend about $2.9 million more if enrollment drops below 30,000 students and required reserve jumps from 2 percent to 3 percent in about 2014-15. But Brian Lawrence said the district has time to turn things around and start attracting more students to the district by then.

15.4 Delegating authority to Superintendent or his designee to approve agreements:
Superintendent said this would grant authority to Pete Pedersen.
Pedersen said this is necessary to ensure classrooms are ready by the beginning of the school year.
Brian Lawrence asked what the last day could be for board to approve. He said Dec. 24.
Supt. Lawrence said district could post agenda Dec. 19 and amend it Dec. 20 for a 4 p.m. Dec. 21 meeting.
Brian Lawrence said he’s not comfortable approving multi-million dollar contracts without seeing them.
Mayo asked if the district could be forced to delay construction a year if they don’t approve contracts. Pedersen said that would be the board’s discretion, but he would want to delay demolition if that were the case.

Motion to grant authority to superintendent failed 2-3, with Mayo and Dennler in favor.
Board agreed to meet at 4 p.m. Dec. 21.
Mayo said she hoped the board realized how much extra work M&O was going to have to do because of this vote.

Board agreed to extend meeting to 11:30 p.m.

15.5 Board unanimously approved easement at College Park HS.

15.6 Board unanimously approved easement at Sun Terrace Elementary.

15.7 Board unanimously approved Sungard Bi-Tech Upgrade 7.9.7

15.8 Board unanimously approved MDUSD/Solution Tree – Mike Mattos contract for Response to Intervention Development Day, Jan. 31

15.9 Board unanimously appointed Trustee Linda Mayo as CSBA rep.

15.10 Call for nominations for California School Board’s Association (CSBA) Delegate Assembly
There were no nominations. Hansen noted that delegates from other districts serve.

15.11 Crossroads job descriptions
Julie Braun-Martin explained that these were being revised to better reflect duties and better position Crossroads to receive grants.

Board Reports:

Trustee Lynne Dennler praised the WOW assembly at YVHS.

Trustee Brian Lawrence congratulated CVCHS on their football victory and said he attended the Ayers feeder pattern meeting, but only about five parents showed up. He said he received the notice for the Northgate meeting, but he asked that it be more inviting in the future. He said it didn’t appear to invite all parents to attend.

Trustee Barbara Oaks said she plans to attend the obesity awareness meeting at MDHS tomorrow.

Trustee Linda Mayo said she prepared a list of meetings for the other trustees.

Board President Cheryl Hansen welcomed new trustees.

DEC. 27 UPDATE: It has come to my attention that the district’s audio recording of the Dec. 10 meeting doesn’t include the report out of closed session. I recorded the first part of the report, which was from the Nov. 5 closed session. Mayo said the board provided the superintendent with direction regarding Public Employee Discipline/Dismissal/Release/Complaint (related to a certificated employee) number 23883. Here is the link:

Unfortunately, I did not get the portion of the report that included the Dec. 10 closed session and I didn’t write anything in my notes regarding that report out. We have now learned that the board discussed the theft of a laptop computer containing confidential employee information during the Dec. 10 closed session, ostensibly under “anticipated litigation:”

Here is the district’s “partial audio” recording of the Dec. 10 meeting:

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