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Live blog of 5-6-13 MDUSD Board meeting

By Theresa Harrington
Monday, May 6th, 2013 at 7:51 pm in Education, Mt. Diablo school district.

MDHS JROTC color guard presents flags for pledge of allegiance.

MDHS JROTC color guard presents flags for pledge of allegiance.

Tonight’s May 6, 2013 Mt. Diablo school board meeting has begun. Here is the agenda:

“1.0 Call to Order
1.1 President will call the meeting to order Info
1.2 Board Member Lynne Dennler will participate from: Paseo de la Marina Norte 585, Marina Vallarta, Puerto Vallarta, JAL, Mexico Info
2.0 Announcements
2.1 In closed session, the Board will consider the items listed on the closed session agenda. Info
3.0 Public Comment
3.1 The public may address the Board concerning items that are scheduled for discussion during closed session only. These presentations are limited to three minutes each, or a total of thirty minutes for all speakers or the three minute limit may be shortened. Speakers are not allowed to yield their time. Info
4.0 Adjourn to Closed Session at 6:00 p.m.
4.1 Negotiations – The Board may discuss negotiations or provide direction to its representatives regarding represented employees, pursuant to EERA (Govt. Code Section 3549.1) Agency negotiators: Julie Braun Martin and Deborah Cooksey. Agencies: MDEA, CSEA, Local One M&O, Local One CST, MDSPA, and Supervisory. Action
4.2 Conference with Labor Negotiators Action
4.3 Admission Action
4.4 Readmission Action
4.5 Public Employee Discipline/Dismissal/Release/Complaint Action
4.6 Anticipated Litigation Info
5.0 Reconvene Open Session
5.1 Reconvene Open Session at 7:30 p.m. Info
6.0 Preliminary Business
6.1 Pledge of Allegiance and Roll Call Info
7.0 Report Out Action Taken in Closed Session
7.1 Negotiations Info
7.2 Conference with Labor Negotiators Info
7.3 Admission Info
7.4 Readmission Info
7.5 Public Employee Discipline/Dismissal/Release/Complaint Info
7.6 Anticipated Litigation Info
8.0 Consent Agenda
Action
8.1 (Item #1) Items listed under Consent Agenda are considered routine and will be approved/adopted by a single motion. There will be no separate discussion of these items; however, any item may be removed from the consent agenda upon the request of any member of the Board and acted upon separately. Action
8.2 (Item #2) Recommended Action for Certificated Personnel Action
8.3 (Item #3) Approval of Provisional Internship Permit (PIP) request Action
8.4 (Item #4) Request to increase Full Time Equivalent (FTE) for the 2013-2014 school year Action
8.5 (Item #5) Recommended Action for Classified Personnel Action
8.6 (Item #6) Classified Personnel: Request to Increase and Decrease Positions Action
8.7 (Item #7) Creation of a New Job Description for Administrator of Equity and Disproportionality Action
8.8 (Item #8) Award of Request for Quotations for RFQ #1646: Schlage Lock Hardware Action
8.9 (Item #9) RFQ/RFP 1641 Approval of Preliminary Services Agreement for the Management, Coordination, Constructability Review, Value Engineering and Recommendations related to Remodel of the Science Center at Ygnacio Valley High School Action
8.10 (Item #13) Final Change Order: Hazardous Materials Testing and Field Observation Services Related to HVAC installation at Various Sites: Enviro-Safety, Training And Resources, Inc. Action
8.11 (Item #14) Notice of Completion for LLB #1604 Action
8.12 (Item #15) Approval of contract with MusicTrip.com and Mt. Diablo Unified School District for services provided for College Park High School band trip. Action
8.13 (Item #16) Professional Services Contract for Provision of Comprehensive Architectural/Engineering Services associated with Sports Medicine and Air Conditioning Modifications at Mt. Diablo High School Action
8.14 (Item #17) Increase total for Independent Services Contract for The Event Group Action
8.15 (Item #18) Approval of additional contract with Resource Development Associates, Inc. (RDA) to revise and administer the Title I Parent/Family Involvement Survey for the 13 Title I schools. Action
8.16 (Item #19) Resolution 12/13-43 Classified Employees’ Week Action
9.0 Consent Items Pulled for Discussion
9.1 (Item #10) RFQ/RFP 1632 Award of Lease-Leaseback Agreement to Taber Construction, Inc. for HVAC Modernization at Bancroft, Mountain View, Silverwood and Valle Verde Elementary Schools. Action
9.2 (Item #11) RFQ/RFP 1634 Award of Lease-Leaseback Agreement to Bell Products, Inc. for HVAC Modernization at Monte Gardens ES, El Monte ES, Shadelands, Sunrise and Westwood ES. Action
9.3 (Item #12) RFQ/RFP 1633 Award of Lease-Leaseback Agreement to Taber Construction, Inc. for HVAC Modernization at Gregory Gardens, Hidden Valley and Strandwood Elementary Schools. Action
10.0 Public Comment
10.1 The public may address the Board regarding any item within the jurisdiction of the Board of Education of the Mt. Diablo Unified School District that is not on this agenda. These presentation are limited to three minutes each, or a total of thirty minutes for all speakers, or the three minute limit may be shortened. If there are multiple speakers on any one subject, the public comment period may be moved to the end of the meeting. Speakers are not allowed to yield their time. Info
11.0 Communications
11.1 District Organizations – At regular Board meetings, a single spokesperson of each recognized district organization may make a brief presentation following the Consent Agenda. Items are limited to those which are informational. Info
12.0 Business/Action Items
12.1 Appointment of Administrator, School Support Action
12.2 Opportunity for public response to the Initial Successor Agreement Proposals for Public Employees Union Local #1 Clerical, Secretarial and Technical Units (CST) and Mt. Diablo Unified School District Action
12.3 Opportunity for public response to the Initial Successor Agreement Proposals for Public Employees Union Local #1 Maintenance, Operations, and Facilities/Transportation/Landscape/Warehouse/Food and Nutrition Services/Technology and Information Services/Substitute Custodian and School Bus Driver Units (M&O) and Mt. Diablo Unified School District Action
12.4 Opportunity for public response to the District’s Initial Successor Agreement Proposal for California School Employees Association (CSEA) Action
12.5 Request to approve the proposed decision of the Administrative Law Judge and implement the certificated layoff. Action
12.6 Boundary Modification for Bay Point Elementary Schools Action
12.7 Approve Separation Agreement of Superintendent Action
12.8 Approve Separation Agreement of General Counsel Action
12.9 Ratify the appointment of Jayne Williams, of Meyers Nave, as Interim General Counsel from May 7, 2013- September 9, 2013 Action
12.10 Approve the Legal Services Contract of Jayne Williams, of Meyers Nave, as Interim General Counsel Action
12.11 Approve the Legal Services Contract of Latisha McCray, Contract Attorney Action
12.12 Meeting Extension Action
13.0 Future Agenda Items
13.1 Graduation Requirements Info
13.2 Board Goals 2013-2014 Info
13.3 Mt. Diablo High School Academies Info
14.0 Board Member Reports
14.1 Board reports Info
15.0 Closed Session
15.1 Items not completed during the first Closed Session will be carried over to this closed session. Action
16.0 Adjournment
16.1 Adjourn Meeting Info”

MDHS JROTC color guard presented the flags for pledge of allegiance.

Hansen reported out closed session.

Tim Cody pulled items 8.10-8.12 from consent calendar. Board unanimously approved rest of consent calendar.

He presented slides that have not yet been posted and said project is over budget.
John Ferrante and John Parker both questioned why bids were so high and Parker said more bids should be solicited.

8.10 passed in a 3-2 vote, with Hansen and Lawrence voting against.

8.11 John Ferrante and John Parker again spoke against.
Passed in a 4-1 vote, with Lawrence against.

8.12 John Ferrante and John Parker again spoke against.
Passed in a 4-1 vote, with Lawrence against.

Public Comments:

1. Mike Langley urged the board to keep academies small.

2. Willie Mims urged teachers to file Williams complaints if there are problems at their schools. He also questioned where the last three special board meetings were adequately noticed and said the board’s decision to pay people to terminate their contracts and to pay other people to do their jobs gives the appearance that the district has a lot of money. He also spoke against lease-leasebacks.

12.1 Board unanimously appointed Ygnacio Valley Elem. Principal Christine Richardson as a SASS administrator to replace Susan Hukkanen, who left last year.

MAY 7 UPDATE: Since I did not finish summarizing the board actions last night, I am pasting the district’s “Board Action Summary” for the meeting below:

“Mt. Diablo Unified School District
Board Action Summary
Meeting of May 6, 2013
Retirements:
Certificated
Mildred Browne
Judith Cubillo
Barbara Donovan
Elaine Green
Nancy Hanebury
Valerie Lyles
Nancy Martini
Hellena Postrk
Calla Van Buskirk
Shirley Weiner

Classified:
Carolina Gow
Sandra Michels
Cecelia Swanson

1. Approved all consent agenda items.

2. Approved the appointment of Christine Richardson as School Support Administrator effective 2013-2014 school year.

3. Provided opportunity for public response to the successor agreement proposals for CST and Mt. Diablo Unified School District and formally adopted the proposals for formal negotiations.

4. Provided opportunity for public response to the successor agreement proposals for M&O and Mt. Diablo Unified School District and formally adopted the proposals for formal negotiations.

5. Provided opportunity for public response to the District’s successor agreement proposals to CSEA and formally adopted the proposals for formal negotiations.

6. Approved the decision of the Administrative Law Judge to eliminate 87.22203 FTE from MDEA membership, 2.10 FTE from School Psychologists, and 5.60 FTE from DMA membership and authorize the Superintendent/Designee to give appropriate notice on or before May 14, 2013 to the individuals named in or affected by the decision.

7. Approved boundary modification for Bay Point elementary schools.

8. Ratified the appointment of Jayne Williams, of Meyers Nave, as
Interim General Counsel from May 7, 2013- September 9, 2013.

9. Approved the legal services contract of Jayne Williams, of Meyers Nave, as Interim General Counsel.

10. Approved the legal services contract of Latisha McCray, contract attorney.”

MAY 13 UPDATE: In response to an informal Public Records Act request, I received a copy of the superintendent’s departure email to management staff and the district’s engagement letter with Meyers Nave, which spells out the following hourly rates the district has agreed to pay: $270 for principal attorneys, $240 for associate attorneys and $135 for paralegals.

Here is a google docs link to the documents: https://docs.google.com/file/d/17SfR6y4HRPwbbxLypW9wtVEUZRi8WM6ZseFjrbIkoqRb7gFVLpagAv9HoUBJ/edit?usp=sharing

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  • g

    If there is any question of Cody arbitrarily making L/LB the “standard operating procedure” of the district, one only has to look at the Plan Room.

    http://169.199.90.240/index.html

    A “rush” to replace HVAC that’s only a few years old, and could have easily waited for a year or a few,
    was rediculous, but NOW he plans to– ‘rent’ the bleeping paint –for the exterior of schools!

    This board may be gullible–but surely they aren’t stupid???

    He is trying to get ALL the money spent with favored contractors and without open bidding on L/LBs –BEFORE any legal opinions come down on the various law suits against this abuse of of L/LB law.

  • Wait a Minute

    So G,

    Who do you think is giving Cody this advice???

  • g

    I believe he inherited it. Those who play, stay, and get promoted. When the board was asked to approve ‘new’ but previously suggested measure C positions, they didn’t even realise that some already on payroll were being ‘promoted’ into those positions, which left the door open to hire more into already ‘budgeted’ positions without asking.

    The scam goes wide and deep.

  • Wait a Minute

    OK, then who is it that came up with the strategy to lock up all the money now in L/LB?

  • Theresa Harrington

    According to a Powerpoint presented to the CalBOC by attorney Kevin Carlin, Education Code Section 17417 requires a school board to FIRST adopt a resolution declaring its intention to enter into a lease agreement, adopt a resolution stating the minimum yearly rental it would agree to lease its property, adopt a resolution stating the maximum number of years for which the district will lease the project back, adopt a resolution stating the amount of the rental and terms, and adopt a resolution “fixing a time, not less than three weeks thereafter for a public meeting of the governing board to be held at its regular place of meeting, at which sealed proposals to enter a lease or agreement with the school district will be received from any person, firm, or corporation and considered by the governing board.”

    I do not recall the MDUSD governing board following this procedure with its 2010 Measure C. Hopefully, the lawyer who will speak to the CBOC on Thursday can explain why the district hasn’t been doing this.

  • Theresa Harrington

    Here is a message from the WCCUSD superintendent in honor of Teacher Appreciation Week: http://www.wccusd.net/cms/lib03/CA01001466/Centricity/domain/77/messages/2012-2013/Appreciating%20Our%20Teachers%205-2013.pdf

    Hopefully, the MDUSD board will choose a new superintendent with a proven track record of communicating regularly with the community, in ways such as this.

  • Curious

    Anyone aware of this contract? Was it on board agenda?

    http://esb.mdusd.k12.ca.us/attachments/95d56e74-5598-4fb4-b7a0-fc3305314200.pdf

  • g

    Unfortunately this particular “C” attorney is one who considers Carlin’s opinion that 17417 cannot be ignored, does not hold weight, but also apparently is advising, or going along with “let’s get these deals done before the courts decide who is correct.”

    In the mean time, the State Allocations Board and the Uniform Construction Accounting Commission, which both agree there is great concern over the improper use of L/LB has been sitting on their thumbs since 2003 waiting for, but apparently not vigorously fighting to get legislation passed that would clear up the questions or possible loopholes. In the mean time, a hellofalot of campaign donations have been made.

    It seems legislatures would rather be reelected, and let the courts take another decade to decide.

  • Theresa Harrington

    As the school year winds down (classes end in MDUSD in one month), many schools and districts will be announcing scholarship winners. Here’s the list of Ed Fund Scholarship finalists in WCCUSD: http://www.ibabuzz.com/onassignment/2013/05/13/west-contra-costa-public-education-fund-scholarship-finalists-announced/

  • Theresa Harrington

    Here’s the agenda for the WCCUSD board meeting Wednesday, where trustees will consider restoring instrumental music to some elementary schools and relocating the Community Day School to the County: http://www.wccusd.net/cms/lib03/CA01001466/Centricity/domain/16/agenda/2012-2013/20130515_BOE_Agenda.pdf

    MDUSD still has no district-funded instrumental music programs in elementary schools. Although Hansen has suggested the idea of turning over the Community Day School to the county, former Superintendent Steven Lawrence did not support that idea.

  • Theresa Harrington

    It looks like Wednesday’s meeting will begin at 5 p.m., although the agenda hasn’t yet been posted: http://esbpublic.mdusd.k12.ca.us/

    However, this means it should be posted within the next hour.

  • g

    Theresa, were any of our BOC members at the CALBOC meeting? How about board reps, Brian or Linda? I only saw a couple of familiar faces on your video.

  • Theresa Harrington

    g: Alicia Minyen was there, along with Jack Weir, Debra Mason and Kris Hunt. I didn’t see anyone else from the local CBOC, but I could have missed them.