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MDUSD board to meet tonight to appoint an elementary principal, vote on Northgate aquatic center

By Theresa Harrington
Wednesday, November 13th, 2013 at 4:40 pm in Education, Mt. Diablo school district.

The teachers’ union is planning an rally tonight before the school board meeting to protest the district’s last, best and final offer before impasse was declared. Union members and their children will participate in fun activities from 4-6 p.m., followed by a rally from 6-7:30 p.m. outside the Dent Center and Monte Gardens Elementary.

Here is the agenda for the meeting, which is slated to begin at 7:30 in the district office at 1936 Carlotta Drive in Concord. However, it could be moved to Monte Gardens Elementary next door in the event of a large crowd. Interestingly, one of the elementary principals has been moved from an action item to an information item/report since the agenda was originally posted. Yet, there is no indication on this agenda that the item was changed.

“1.0 Call to Order
1.1 President will call the meeting to order. 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 Readmission of Student #32-12 Action
4.3 Pending Litigation – Conference with Legal Counsel pursuant to Gov’t Code Section 54956.9(1) regarding matter of D. Reynolds v. MDUSD Info
4.4 Pending Litigation – Conference with Legal Counsel pursuant to Gov’t Code Section 54956.9(1) regarding Rhinehart v. Mt. Diablo Unified School District, et al, Contra Costa Superior Court Case No. C13-00297 Info
4.5 Pending Litigation – Confeence with Legal Counsel pursuant to Gov’t Code Section 54956.9(1) regarding I.H. (a minor) v. MDUSD, OAH Case No. 2013090182 Action
4.6 Pending Litigation – Conference with Legal Counsel pursuant to Gov’t Code Section 54956.9(1) regarding N.M. (a minor) v. MDUSD, OAH Case No. 2013080665 Action
4.7 Pending Litigation – Conference with Legal Counsel pursuant to Gov’t Code Section 54956.9 (1) regarding Bay Area News Group, et al v. Mt. Diablo Unified School District, et al, Contra Costa Superior Court Case No. N13-1551. Info
4.8 Potential Litigation based on facts and circumstances regarding various J.Doe claims pursuant to Gov’t Code Section 54956.9(3)(c) Info
4.9 Public Employee Discipline/Dismissal/Release/Complaint – Three (3) Cases Info
4.10 Public Employee Performance Evaluation. Title: Interim General Counsel 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 Report Out of Closed Session Info

8.0 Student Representatives
8.1 Student representatives will report on activities at their schools. Info

9.0 Board Member Reports
9.1 Board Reports Info

10.0 Superintendent’s Report
10.1 Superintendent’s Report Info

11.0 Consent Agenda Action
11.1 (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
11.2 (Item #2) Recommended Action for Certificated Personnel Action
11.3 (Item #3) Request to increase Full Time Equivalent (FTE) for the 2013-2014 school year Action
11.4 (Item #4) Recommended Action for Classified Personnel Action
11.5 (Item #5) Internship Agreement between Brandman University and Mt. Diablo Unified School District Action
11.6 (Item #6) Approve contract/purchase order with Marie Wyman, SLP for Speech and Language services for the 2013-14 School Year Action
11.7 (Item #7) Approval of Non-Public School Contracts/Adjustments Action
11.8 (Item #8) Approve Independent Services Contract with Sacramento Childrens Home Action
11.9 (Item #9) Approval of independent contract with Carol Teltschick-Fall for $55,000 as S3 Grant Coordinator for College Park High School. Action
11.10 (Item #10) Fiscal Transactions for the month of October 2013. Action
11.11 (Item #11) Williams Quarterly Summary Report Action
11.12 (Item #12) Approve submission of the Tobacco Use Prevention Education (TUPE) grant to support secondary schools. Action
11.13 (Item #13) Increase to Independent Services Contract with AA Medtrans Action
11.14 (Item #14) Disposal of District Surplus Vehicles Action
11.15 (Item #15) Request contract approval for design services Action
11.16 (Item #16) Final Change Order to LLB #1617 – S-Wing Modernization at Mt. Diablo High School (XL Construction, Inc.) Action
11.17 (Item #17) Final Change Order for LLB #1593 – Window Replacement at College Park High School Action
11.18 (Item #18) Award of Contract with McGrath Corporation dba Mobile Modular Management Corporation for the Lease of Interim Housing Units Necessary for Projects Being Implemented through the 2010 Measure C Facility Improvement Program Action
11.19 (Item #19) Notice of Completion for Lease/Leaseback #1617: Science Wing Renovation at MDHS Action
11.20 (Item #20) Notice of Completion for L/LB #1593: Window Replacement at College Park High School Action
11.21 (Item #21) Contract Amendment: LSA Associates, Inc.: Provision of Requisite Environmental Consulting Services Related to the Revised Stadium Lighting Improvement Project at Ygnacio Valley High School Action

12.0 Consent Items Pulled for Discussion
13.0 Public Comment
13.1 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

14.0 Communications

14.1 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
15.0 Reports/Information

15.1 Annual Report on Schools Identified in the Williams Settlement for Fiscal Year 2013-14 Info

15.2 Appointment of Principal, Elementary School Info

16.0 Business/Action Items

16.1 Appointment of Principal, Elementary School Action

16.2 Appointment of Program Specialist, Categorical Programs, Site Based – Rio Vista Elementary Action

16.3 Appointment of Program Specialist, Categorical Program, Site Based at Bel Air Elementary Action

16.4 Public Hearing Regarding the Final Initial Study/Mitigated Negative Declaration for the Northgate High School Aquatic Center Action

16.5 Adoption of Resolution Accepting Final Initial
Study/Mitigated Negative Declaration for the Northgate High School Aquatic Center Action

16.6 Approval of Northgate High School Aquatic Center Project Action

16.7 Request to Approve Tentative Agreement between Public Employees Union Local 1 (CST) and the Mt. Diablo Unified School District (MDUSD) Action

16.8 Chabot-Las Positas Community College District contract with Mt. Diablo Adult Education and related MOU’s with Pittsburg, West Contra Costa, and Liberty Adult Education. Action

16.9 Pearson Vue contract and agreements for GED testing. Action

16.10 Firedoll Foundation Grant Action

16.11 Adult Education Board Policy and Administrative Regulations 6200 Action

16.12 18.10 New and Revised Technology Policies – BP 3513, BP/AR 4040, BP 6162.7 Action

16.13 Adoption of Textbook for Sports Medicine II – Principles of Athletic Training: A Competency-Based Approach, Prentice, 15th Edition Action

16.14 Resolution 13/14-23 regarding accounting of development fees for the 2012-2013 fiscal year in the Capital Facilities Fund pursuant to Government Code Sections 66001(d) & 66006(b) Action

16.15 Adoption of Resolution of Dedication of Easement at Shore Acres Elementary School Action

16.16 RFQ/RFP 1627 – Award of Lease-Leaseback Agreement to Taber Construction, Inc. District wide security improvements. Action

16.17 RFQ/RFP 1631 Approval of Preliminary Services Agreement with Meehleis Modular Buildings, Inc. for the Coordination, Constructability Review, Value Engineering and Recommendations related to Building a new Modular Gymnasium at Concord High School. Action

16.18 Award of Independent Services Contract to Enviro-S.T.A.R. for Pre-Construction Hazardous Materials Survey and Specification Preparation for Heating, Ventilating and Air Conditioning Renovations for Group III sites (El Dorado MS, Highlands ES, Pine Hollow MS, Wren Avenue ES, Pleasant Hill ES, Sequoia MS, Valhalla ES and Walnut Acres ES) Action

16.19 Meeting Extension Action

17.0 Future Agenda Items
17.1 Future Agenda Items Info

18.0 Closed Session
18.1 Items not completed during the first Closed Session will be carried over to this closed session. Action
19.0 Adjournment
19.1 Adjourn Meeting”

Please note that I will be covering the Contra Costa County Board of Education meeting vote on the controversial Summit Charter School proposed in El Cerrito and will arrive to the MDUSD meeting late.

What items are most interesting to you?

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  • Doctor J

    Is this a vote by the Board of “no confidence” in Bryan Richards ? Who is the leaky Board member ?

  • guest

    No more than the contract work Eberhardt did on Rolen’s house; but that flew under the radar, and even if known, who cares?

  • Steve

    He’s a male

  • g. de la verdad

    MDEA is not without some fault of its own if the CFO is being forced, (currently) due to many-many pending legal cases, to project a conservative budget.

    In the MDEA contract there is, and has been for many years some ‘standard language’ indicating in every single job description that each member is a “Mandated Reporter.”

    I would hold that in addition to clear guidelines and training by the district, MDEA has some responsibility to each and every one of their members to make sure those members UNDERSTAND– not just what rights they have — but EVERYTHING they have been committed to in their contracts– including specifics IN THEIR JOB DESCRIPTIONS.

    Their leaders may prefer to only pull their heads up when it comes time to bargain for money, but is that a union’s only responsibility to their members?

    I don’t think so!

  • guest

    TM, did you realize Cooksey was working under Medina as Assistant General Counsel at SFUSD when Rolen brought her in at MDUSD? I’ve seen the posts about her being at OUSD, but she went to SFUSD after her last stint at OUSD, and was second in line under Madina when she was hired at MDUSD.

  • g. de la verdad

    The loose lips of a board member speaking totally out of turn — offering information, aid and fodder for argument with the union — is unconscionable and I consider it equal to financial and possibly “illegal payback” for election campaign financing!

    Having said that, whether false information is being given to and/or by district or union negotiators is one thing — and needs to be brought out and exposed. We are talking about millions of dollars, year in and year out, payable now and in retirement funds for many years.

    No third party would advise on budget projections without being paid or promised $omething in the future, and for the board to seek outside audit advice without bringing it before the public also needs scrutiny.

  • Doctor J

    Work done by a licensed contractor, Eberhart for a Board member, must be reported on both their FPPC Form 700′s. Since Theresa has or soon will have those, it would be interesting to see if it was. There should be a Building Permit on file for the construction.

  • guest

    Don’t expect to find it on a FPPC form; he was paid under the table. It was repair work that did not require a permit, like painting, moldings, drywall, etc.

  • Doctor J

    Is that the same house that Rolen filed bankruptcy to try and save the home from foreclosure ?

  • g. de la verdad

    Income tax evasion by an elected official, solicited and abetted by legal counsel for MDUSD? Say it isn’t so….

  • Doctor J

    Hey guest, not sure why you would edit your post to delete the kinds of repair work that did not require a permit done by Eberhart for Rolen “under the table” I think you mentioned dry wall work, painting.

  • g. de la verdad

    and molding, “stuff like that.”

  • guest

    Dr. J, he sold the house on 8/31/12, during Eberhart’s last two months on the Board. Check Zillow. My timeline fits perfectly; GE does a little under the table work just as he is not running for reelection.

  • guest

    It’s just so unthinkable isn’t it?

  • guest

    Yes, you got me. Trying to keep it lean. Yes, dry wall, painting, basic stuff to get a house ready to go on the market.

  • Brian Lawrence

    You are incorrect.

  • g. de la verdad

    Brian,
    That is a MAJOR relief and I hope you will consider taking my concerns to the board President and Superintendent.
    While none of us are against employees being given a fair deal, the taxpayers need a fair, and ‘aboveboard’ deal too. We already have Cooksey playing both sides of the table, we don’t need it from a board member too.

  • Doctor J

    Who is the Board leak since Brian denies it ? Could it be Cooksey ? The MDEA statement was telling: “MDEA’s ongoing concern that Boardmembers are being misled by the District’s Bargaining Team” — the district bargaining team is led by Cooksey, Julie B-M, and Bryan Richards. Will the real Board leaker please stand up and take responsibility ?

  • g. de la verdad

    Yes, the district’s bargaining team apparently told one or more board members what MDEA has called “patently false.”
    Since the ‘team’ twisting or falsefying facts does not surprise me, it does not upset me very much.
    That a board member would then correspond and relay bargaining room or board room conversations, on their own – outside the perameters of a full board approval to do so — that is disturbing!
    Which member has taken her sense of self importance too far?

  • Doctor J

    @g Also, which Board member does MDEA not mind “outing” — probably Dennler since she won’t run again and therefore won’t be around for the next round of talks. Starting today, many Dent powers that be will begin using vacation days — so we won’t see much if anything happening on the bargaining front.

  • Doctor J

    Some principals skeptical of wishy-washy Board statements on “me too” matches for salary increase for administrators — not sure Board will match total percentage of increases to MDEA for DMA. Coming from this mornings all principals, K-12, meeting with Dr. Nellie. Ask your principal for more details. Cooksey seems to have a different version for each group she talks to — I wonder why ?

  • g. de la verdad

    When you tell the truth first, you don’t have to remember anything but the truth….
    End the “me too” policy with DMA and the truth will come out.

  • Doctor J

    @g I agree with you: “End the “me too” policy with DMA and the truth will come out.” Not sure even the current Board could handle the truth. Remember the great lines between Tom Cruise and Jack Nicholsen in “A Few Good Men”:

    Col. Jessep: *You want answers?*

    Kaffee: *I want the truth!*

    Col. Jessep: *You can’t handle the truth!*

  • Guy Moore

    For the record, one of the winners of the Eukel prize Natalie Moore is an excellent English teacher who used to teach at northgate HS. She has an amazing ability to reach her students on many levels especially intellectual curiosity. I taught with her and her husband Ed Meehan for many years at Northgate. Ed was a Northgate graduate who came back to take over for his mentor Jack DeReiux for whom the Little Theatre is named. Ed is also a great teacher. Sadly, Natalie and Ed left MDUSD because they wanted to raise a family and someday dreamed of owning a home. MDUSD could not keep them with its substandard pay and benefits.

  • tmharrington

    On another note, I have received several photos of flooding at Cambridge Elementary, along with an allegation that the district does nothing to prevent this year after year except send sand bags. Shouldn’t repairing dangerous conditions such as this be a top priority for Measure C?

  • tmharrington

    I was VERY impressed by Natalie Moore when I interviewed her on the phone. She appears to be exactly the kind of teacher MDUSD wants to attract and retain. I’ll be at the awards dinner tonight and will try to videotape the speeches and upload them to YouTube.com/tunedtotheresa.

  • Doctor J

    Why doesn’t it show up on the SARC and Williams reports ?

  • Doctor J

    Guy, MDUSD’s “substandard pay and benefits” has kept you and thousands of others. Hmmmm. I don’t know why you had to demean Natalie’s recognition of excellence with political polemics concerning the labor negotiations. I guess you didn’t check the county recorder’s office to see when they bought their first home.

  • g. de la verdad

    Speaking of graduates who return to teach at their alma mater, another excellent, well loved English teacher was FORCED to move to Northgate. He didn’t run to another district for ‘better pay and benifits’ and he didn’t ask to go to a school where teaching English is a cakewalk. He pleaded to stay at the far more difficult school.
    What did the union do to help him?

  • Guy Moore

    I assume you are speaking of my friend Dan Reynolds. MDEA and Mr. Reynolds met with a high level CTA attorney and we filed both an unfair labor practice and a grievance arbitration with the Public Employment Relations Board (PERB) against MDUSD on behalf of Dan Reynolds. The District discussed this pending litigation in their closed session last week. We will see them in court soon and we have every reason to believe Mr. Reynolds will prevail.

  • Doctor J

    Would you please either post those or provide them to Theresa for posting. I think the public would be much more on your side if it knew the facts and names as to why Dan was involuntarily transfered.

  • Steve

    Maybe he will fare better than the NHS soccer coach whom the princpal illegally fired last year and replaced with an off campus coach – a direct violation of state law. MDEA did a real nice job of defending her interests.Yeah, she has left the school and the off campus coach who is a close friend of the off campus NHS athletic director is still there.
    And from what we hear NHS can’t wait to rid themselves of the aforementioned teacher Mr. Moore referenced and MDHS isn’t planning any welcome back party if he is allowed to go back.
    Solidarity people…it’s your dues money at work. Vote on the contract now!!!!!

  • guest

    Maybe Northgate needs him, or those like him at least. Not sure teaching English there is a “cakewalk” anymore. Will this District ever have a truly high performing high school again that can compete with SRVUSD, AUHSD, Lowell High and the likes? Northgate and College Park used to be symbols of academic excellence. It speaks volumes when parents who can afford it are sending their kids to private high schools instead of Northgate. Will we ever see a MDUSD high school with an API above 900 again?

  • g. de la verdad

    You are correct. I should have said “a comparative cakewalk.” Also, I have no doubt Northgate at least thought they wanted/needed Reynolds and Bernard thought he could give McMorris what he wanted — and settle a squabble by sending the kids to separate rooms. What he got us was yet another legal battle and expense to add to the other dozen or so lawsuits.
    And of course he got a long term contract for his firm at the same time.

  • teacher

    They don’t come when it rains.

  • Doctor J

    File a Williams Complaint — your union will stand behind you, won’t they ?

  • Doctor J

    SARC inspection 9/17/2012 – No problems. Meas C — no flooding improvements requested or planned. http://mdusdmeasurec.org/

  • tmharrington

    Here’s a blog post with excerpts from Warren Eukel Teacher Trust Awards winners: http://www.ibabuzz.com/onassignment/2013/11/22/warren-eukel-trust-award-winners-inspire-with-their-speeches/

  • tmharrington

    Pleasant Hill Education Commission meeting scheduled for Wednesday has been cancelled: http://www.ci.pleasant-hill.ca.us/list.aspx?MID=1161

    Next commission meeting is Dec. 11, the same night as the next MDUSD meeting: http://www.mdusd.org/Lists/UpcomingEvents/DispForm.aspx?ID=298&RootFolder=%2FLists%2FUpcomingEvents

  • tmharrington

    WCCUSD board to hold a special meeting tonight to look at school climate – including anti-bullying efforts – and create a new “Title IX Educational Equity Director” in response to the recent OCR report that found rampant sexual misconduct in schools and the district after the Richmond HS rape: http://www.wccusd.net/cms/lib03/CA01001466/Centricity/domain/16/agenda/2013-2014/20131202_BOE_Agenda.pdf

  • tmharrington

    MDUSD TK and K registration for 2014-15 is Feb. 5: https://drive.google.com/file/d/0B6mS2O1_NKceSWtaWE1EZnlKMjQ/edit?usp=sharing

  • tmharrington

    Here is the WCCUSD superintendent’s December message to the community, which details how LCFF will change the district’s funding priorities, the district’s transition to the Common Core and its strategic plan implementation timeline: http://www.wccusd.net/cms/lib03/CA01001466/Centricity/domain/77/messages/2013-2014/2014%20Brings%20Major%20Changes.pdf

    Although MDUSD Supt. Nellie Meyer has been at the helm since September, we still haven’t seen these kinds of regular, comprehensive messages yet from her keeping the community informed about important ongoing issues. The one message she has sent out is undated: http://www.mdusd.org/superintendent/Pages/WelcomeFromDrNellieMeyer.aspx

  • tmharrington

    WCCUSD policies re student conduct, positive school climate, sexual harassment and hate-motivated behavior will be discussed at the special meeting tonight (pgs. 6-14 in agenda packet): http://www.wccusd.net/cms/lib03/CA01001466/Centricity/domain/16/packets/2013-2014/20131202_BOE_Packet.pdf

  • Doctor J

    I guess we are now going to hear that Jonathan Roselin is underpaid even after his recent promotion — go ahead Jonathan and take the WCCUSD job.

  • Doctor J

    MDUSD should refrain from spending millions on I-Pads — I think Trustee Brian Lawrence would agree. http://www.dailynews.com/social-affairs/20131202/survey-most-lausd-teachers-would-discontinue-costly-ipad-program

  • tmharrington

    Whoever takes that job will have his or her hands full. In MDUSD, we only hear about student trauma when James Wogan speaks about homeless students and foster youth. At last night’s WCCUSD meeting, speakers said student trauma is common districtwide. It may be more common in MDUSD too, but since most schools in MDUSD don’t even have counselors, it’s harder to know.

  • g. de la verdad

    But then Roselin’s job should be so much easier. Because MDUSD has consultants, speech makers, talking head programs for 6 ‘target’ schools, and of course, the ever elusive “Climate Surveys” from the district and MDEA.

    I’m sure everything will be just ‘fine’ at the other 45 schools if we just wait long enough.

  • Doctor J

    And Roselin has kept his “public meetings” fairly secret with no published minutes, scant agendas, inconvenient times for parents to attend, and Mary Bacon acting as the puppeteer.

  • Doctor J

    I guess that at the CAC meeting last night, there is no controversy about Special Ed in MDUSD ? No minutes posted of prior meetings, and no postings of current issues.

  • Doctor J

    Bottom line: Districts don’t want parent participation in how funds will be spent — California law requires it. EdSource conducted a revealing poll just out this morning. http://edsource.org/today/parent-engagement#.UqCZS02A3IU