Part of the Bay Area News Group

MDUSD Board to approve new general counsel, Local 1 contract tonight

By Theresa Harrington
Wednesday, December 11th, 2013 at 6:48 pm in Education, Mt. Diablo school district.

Tonight, the Mt. Diablo school board expects to appoint a new general counsel and to approve a bargaining agreement with the Local 1 Maintenance and Operations workers that appears to mirror the agreement with the Clerical, Secretarial and Technical unit.

Here is the agenda for tonight’s meeting, which is at 7:30 p.m. in the district office at 1936 Carlotta Drive in Concord:

“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 The board may discuss or provide direction to its negotiators regarding unrepresented employee, pursuant to Government Code section 54957.6. Agency negotiator: Dr. Nellie Meyer. Unrepresented employee: General Counsel. Public Employment. Title: General Counsel. Action
4.3 Expulsion of student #02-14 from all regular schools of Mt. Diablo Unified School District. Action
4.4 Pending Litigation – Conference with Legal Counsel pursuant to Gov’t Code Section 54956.9(1) in the matter of OAH Case #2013100126. Action

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 Organizational Meeting
8.1 Annual Board of Education Organizational Meeting Info
8.2 Elect Board President Action
8.3 Elect Vice President Action
8.4 Appoint Secretary Action

8.5 Establish Regular Meeting Dates, Time and Location Action
8.6 Adopt Certificate of Signatures Action

9.0 Student Representatives
9.1 Student representatives will report on activities at their schools. Info

10.0 Board Member Reports
10.1 Board Reports Info

11.0 Superintendent’s Report
11.1 Superintendent’s Report Info

12.0 Consent Agenda Action
12.1 (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
12.2 (Item #2) Recommended Action for Certificated Personnel Action
12.3 (Item #3) Request to Increase and Decrease Full Time Equivalent (FTE) for the 2013-2014 School Year Action
12.4 (Item #4) Community Engagement Memo of Understanding between Saint Mary’s College of California and Mt. Diablo Unified School District Action
12.5 (Item #5) Recommended Action for Classified Personnel Action
12.6 (Item #6) Classified Personnel: Request to Increase and Decrease Positions Action
12.7 (Item #7) Independent Services Contract for Events to the “T” Inc. Action
12.8 (Item #8) Approve submission of the 21st Century Community Learning Center (21stCCLC) and ASSETs grant for two high schools, one middle and five elementary schools. Action
12.9 (Item #9) Fiscal Transactions for the month of November 2013. Action
12.10 (Item #10) Budget Transfer and/or Budget Increases/Decreases for the month of October 2013 Action
12.11 (Item #11) Contract for Maintenance of District’s Phone Systems and Voice Mail Action
12.12 (Item #12) Request for Purchase Order for A to Z Bus Sales Action
12.13 (Item #13) Request to issue Purchase Order to Sabah International Action
12.14 (Item #14) Board Bylaw 9200 – Limits of Board Member Authority Action
12.15 (Item #15) Approval of increase to Exploring New Horizons Outdoor Ed Contract for Mt. Diablo Elementary School Action
12.16 (Item #16) Award of Bid #1652: South West Parking Lot Overlay Expansion Project at Clayton Valley Charter High School Action
12.17 (Item #17) Award of Lease/Lease-back Agreement with Taber Construction, Inc. to support RFQ/RFP 1664 – Middle School General Science Classroom Buildings 2014 Project Action
12.18 (Item #18) Design Service Contract Amendment Salas O’Brian – security system replacement Action
12.19 (Item #19) Design Service Contract amendments for Smith, Fause & McDonald(SFMI) – technology improvements de-scope of work Action
12.20 (Item #20) Award of Inspector of Record (Project Inspector) Contract for Aquatic Center Project at Northgate High School Action
12.21 (Item #21) Amendment to Cal-Air (Johnson Control) Phase 2 Energy Conservation Project Action
12.22 (Item #22) Notice of Completion for L/LB#1616: Construction and Finishes for 2013 Chemistry/Science Buildings at Concord High School and College Park High School Action
12.23 (Item #23) Notice of Completion for LLB #1626: Elementary and Pleasant Hill Middle School Technology Improvements Action
12.24 (Item #24) Notice of Completion for LLB 1640: Modernization of S Wing, Shop Building at YVHS Action
12.25 (Item #25) Notice of Completion for LLB #1641: Science Center Remodel, Building 100 at YVHS Action
12.26 (Item #26) Resolution#13-14/25 Authorization for submittal of Bus Retrofit Grant to Bay Area Air Quality Management District Action
13.0 Consent Items Pulled for Discussion

14.0 Recognitions
14.1 Announcements/Awards Info

15.0 Public Comment
15.1 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

16.0 Communications
16.1 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

17.0 Reports/Information
17.1 Information Provided to Board and Community Info

18.0 Business/Action Item
18.1 Appointment of General Counsel and Resolution to designate specified position as senior management of the classified service, appoint an employee and set a salary Action

18.2 Appointment of Program Specialist, Special Education Action

18.3 Appointment of Social Work Specialist Action

18.4 Classified Personnel: Appointment of Educational Consultation and Behavior Management Specialist Action

18.5 Appointment of Vice Principal, High School – Concord High School Action

18.6 Appointment of Coordinator, Student Services 6-8 – Sequoia Middle School Action

18.7 Approval of Independent Service Contract with Center for Human Development for $50,000. Action

18.8 First Interim Report 2013-2014 Action

18.9 Budget Development Calendar 2014-2015 Action

18.10 Request to Approve Tentative Agreement between Public Employees Union Local 1 (M&O) and the Mt. Diablo Unified School District (MDUSD) Action

18.11 Approval of Textbook Adoption for AP Physics, Physics for Scientists and Engineers with Modern Physics, Pearson, 4th edition by Douglas C. Giancoli Action

18.12 Independent Services Contract with Pivot Learning Partners Action

18.13 Sole Source Authorization and Consent Form– APPLE, INC. Action

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

18.15 Award of Contract with DecoTech Systems for the Middle School Laptop Order, through the 2010 Measure C Facility Improvement Program, as part of the Classroom Technology Enhancements Project. Action

18.16 Award of Inspector of Record (Project Inspector) Contract for MDUSD Project 1663 Portable Replacements & MDUSD Project 1664 MS General Science Buildings. Action

18.17 Award of Lease/Lease-back Agreement with Taber Construction, Inc. to support RFQ/RFP 1663 – Portable Classroom Replacement 2014. Action

18.18 Award of Lease-Leaseback Agreement to Kenridge Builders, Inc. Construction of New Aquatics Center at Northgate High School Action

18.19 Final Change Order for LLB #1616 – Taber Construction Inc. for Chemistry Classrooms 2013 at Concord/Nueva Vista and College Park High School. Action

18.20 Contract Amendment: Salas O’Brien Engineers, Inc. Ygnacio Valley High School Stadium Lighting Project Action

18.21 Final Change Order for LLB #1641 – Landmark Construction, Inc. for Modernization of Science Center, building 100, at Ygnacio Valley High School Action

18.22 Final Change Order for LLB #1640 – Landmark Construction, Inc. for Modernization of S-Wing, Shop Building 1300, at Ygnacio Valley High School Action

18.23 Meeting Extension Action

19.0 Future Agenda Items

20.0 Closed Session
20.1 Items not completed during the first Closed Session will be carried over to this closed session. Action
21.0 Adjournment
21.1 Adjourn Meeting Info”

Due to a greater emphasis on regional stories at Bay Area News Group, I will not be attending tonight’s meeting. However, I will try to watch portions of it online and will report on the general counsel appointment, Local 1 agreement and reorganization.

Do you agree with the recommendation that the general counsel be designated as senior management of the classified service?

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  • Doctor J

    I wonder why MDUSD missed the filing deadline of October 18 ?? “The 67 grantees may use the funds for programs that provide high school students with advanced learning opportunities in a variety of subjects. These subjects include English-language arts, mathematics, science, history and social science, foreign language, and visual performing arts, among other subjects. These programs may include Linked Learning pathways, career academies, and arts-integrated models. The programs must be rich in content, models for providing instruction based on California’s standards, and use varied instructional methods.”

  • tmharrington

    Here’s what Julie Braun-Martin wrote in an email regarding the leadership of Hidden Valley Elementary:

    “We will be using our successful retiree principals to cover Hidden Valley for the next few weeks. Sandy Brickell and Ava Suddeth will be assisting the campus.
    We have shared that information with the staff and parents.”

    However, a parent has contacted me to say that Michelle Batesole is slated to take over as interim principal in February. I have not yet received confirmation of this from the district. But, if this is true, it’s very surprising that the district would place Batesole in a leadership position at a school while she is facing allegations that she may have failed in her mandated reporting duties at Woodside Elementary when she was principal overseeing accused child molester Joseph Martin, and she is also facing allegations that she may have failed to adequately enforce the disciplinary action plan that was created for Martin after complaints about him first arose in 2006.

  • tmharrington

    Here’s what Braun-Martin wrote in an email in response to my inquiry about Batesole:

    “Michele Batesole is another substitute principal that we can use when we have a vacancy.
    It is possible that she will assist with coverage in February if the District has not yet named a principal for Hidden Valley.”

    This appears to mean Batesole could be assigned to any school with a vacancy.

  • tmharrington

    I see that the district has updated its Board of Education website with meeting dates for 2014. Interestingly, the heading says: “Agenda and MINUTES (my emphasis) for 2014″ http://www.mdusd.org/boe/Pages/boe-sam.aspx

    Does this mean the district actually plans to produce minutes for the meetings? We can only hope…

  • Doctor J

    Julie B-M has buffaloed Dr. Nellie once again. “Very Surprising” ? “successful retiree principals to cover Hidden Valley ” ?? And Julie B-M thinks Michelle Batesole is a “successful retiree principal” ? Hello Julie, how can you link “successful” with Joseph Martin — you yourself failed to supervise his actions towards teachers.

  • Doctor J

    You and Ozzie Osborn could sing “Dreamer” together !

  • tmharrington

    Here’s what one person on twitter said about Batesole’s leadership at Woodside: “Complaints about any teacher were handled the same way. Kids liked her, but resolutions never happened.”

  • tmharrington

    MDEA is asking teachers to rally on Monday, with the threat of a possible strike looming: http://origin.library.constantcontact.com/download/get/file/1102938290270-388/Demonstration+Day+B.pdf

  • tmharrington

    This sounds familiar — no meeting minutes. In the city of Pleasant Hill, the city clerk hasn’t gotten around to doing the minutes for a whole year: http://www.contracostatimes.com/contracostatimes/ci_24865413/pleasant-hill-city-clerk-goes-whole-year-without

    In just two months, MDUSD may be able to make the same claim, with its last minutes produced for the March 25, 2013 meeting: http://www.mdusd.org/boe/Pages/boe-sam-2013.aspx.

    Of course, MDUSD does produce Board Action Reports, which show votes taken. But, as I have pointed out, there is NO written record of who spoke during public comment in these documents.

    Regarding the Pleasant Hill situation, Terry Francke suggests: “It appears that this mandatory duty could be enforced by an action in Superior Court, and might also be the basis for a taxpayer’s suit against the city.”

    Perhaps taxpayers could sue MDUSD while they’re at it.

  • Doctor J

    David Durrant is right on about a lack of official minutes: “It’s not good government, it’s not open and transparent,” Councilman David Durant said before this week’s meeting, where building frustration with Lehmkuhl burst into public. “It makes the public’s job of staying informed too hard.” Hey BOARD, wake up. Where is the transparency you promised ? Where is the “open” government ? Get a bid from a professional to catch them up. What happened with the vote on the Local 1 contract ? Without minutes, the public won’t know — Board action reports are not approved by the Board.

  • g. de la verdad

    Remember 1/14/13 when new board Pres. Hansen fought like a pitbull to have committees designated either Policy, Advisory, or Laison — for the purpose of determining which committees had to follow the Brown Act, including providing timely Agendas AND Minutes? Um-huh. How’s that doing a year later? A year ago that pitbull gave us hope. Today I call it exactly what it was — a whistling into the wind publicity stunt.

    Board members were assigned their posts and duties to those committees. How many actually even attended their meetings. They think we won’t notice or point out their total derilection of duties. But they think wrong.

  • Doctor J

    Funny how Bryan Richards suddenly had a revelation from above about LCAP on Dec 18, just after the Board meetings: “Work on the LCAP template will reflect the Board’s goals. Stakeholders will participate in groups to give
    input to the LCAP advisory committee. Revenue for CVHS Charter will no longer flow through the district.
    The charter pays only a minimal amount for facility use. The county will review CV HS Charter’s LCAP.
    MDUSD reviews Eagle Peak’s LCAP. Reviewers may not have authority to reject plans for charter schools.
    Common Core operating budget is expected to be established by 1/31/14.” http://www.mdusd.org/Departments/Fiscal/Documents/BAC/BAC%20Minutes%2012%2018%2013.pdf

  • Doctor J

    Since Bryan Richards only handed out the “First Interim” to the Board a few minutes before the Board approved it without reviewing it, it seems to raise some interesting issues. “S-1 Have any known or contingent liabilities (e.g., financial or program audits, litigation, state compliance reviews) occurred since budget adoption that may impact the budget? NO.” Why aren’t the Martin lawsuits included since there are disputes with the insurance companies on extent of coverage and defense costs, with 13 minor victims ? And I couldn’t find out where these settlements were previously budgeted for that I pointed out a month ago in my post: Expenditures Nov 2013: $549,735 & $549,735 [Total $1,099,470.] for “Deductible Liability Loss” to Caspar, Meadows & Swartz on Nov 26 [there appear to be two payments in the same amount on the same day: warrant #AP987361 (Acct: 000-2616-53-5868 and AP#987151 (Acct: 000-2616-53-5868). What case or cases are these ? $250,265.00 for “Deductible Liability Loss” to New York Life Insurance Co on Nov 26 — which case is this ? $7,000 for deductible liability loss” to Liberty Mutual Ins. on Nov 26. What case is this ? What is total cost to district to date of Martin case ?

  • g. de la verdad

    Wouldn’t you think the board would question some of these things they rubber stamp. They can always go back and look later.
    The Dec 11 Fiscal report has a payment from Measure C in the amount of $11,219.05 to Meyers Nave. What does Meyers Nave have to do with Measure C?

  • g. de la verdad

    How can MDUSD go through union contract proposals, present costs (using minimum pay as a basis) without also looking at the effect those increases will have on true long-term costs of retirement/MDV? There hasn’t been (as far as anyone can see) an Actuarial Study since 2008. http://169.199.90.240/ncb/files/RFP1629-REPORT.pdf
    Note the recommendations from that study!
    Bryan Richards did call for an RFP for a new study 15 months ago. So what happened to that RFP? Lost?
    Looking at the union offers on the table in 2014—where is the part about the effect of Long Term Obligations?
    On another note: I hope Nellie Meyers stands over Richards desk until a new “independent” auditor is selected and GAAP is inforced. No more “randomly selected” items based on what the district hand picked for the auditor to look at.

  • tmharrington

    Intra-district transfer deadline in MDUSD is Wednesday: http://www.mdusd.org/Departments/studentservices/Pages/14-15Transfers.aspx. Here’s Felicia Stuckey-Smith’s message to parents: https://msg.schoolmessenger.com/m/?s=HQgd57zk-JI