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?

[You can leave a response, or trackback from your own site.]

116 Responses to “MDUSD Board to approve new general counsel, Local 1 contract tonight”

  1. Doctor J Says:

    Theresa, has there been a notice of public hearing published in the CCT for tonight’s hearing ?

  2. tmharrington Says:

    I have sent an email to Dr. Meyer asking if she copied Kowba’s statement.

  3. tmharrington Says:

    Yes, it’s ridiculous to say they just found out due to the county’s monitoring. As we found out last time, the school and district were supposed to be monitoring this themselves. Last time, they blamed staff turnover. This time, they can’t use that excuse.

  4. tmharrington Says:

    I don’t know, but will ask O’Brien.

  5. g. de la verdad Says:

    Of course they can. As is shown in the post by Dr. J from your blog 1/3/12, no matter who you ask for clarification, the answer is always “It’s somebody elses job, responsibility, fault. We didn’t know. No one told us. We didn’t get an invitation — Geesh! …and on and on.”

  6. tmharrington Says:

    Meyer called and said she was part of a team that wrote the San Diego letter and she had it in a file of “form letters” that she draws from when the need arises.

  7. tmharrington Says:

    I just spoke to Meyer and she said one reason there are more students than anticipated is because more 8th graders are moving onto ninth-grade instead of leaving. She said the district wants to comply with the law, but it just can’t predict how many students there will be.

  8. Doctor J Says:

    Double talk — balderdash ! Students have been enrolled since August ! They could have hired more teachers but they weren’t paying attention . . .as usual.

  9. g. de la verdad Says:

    I’m sure Dr. Meyer really wants to believe what staff tells her. Unfortunately, she hasn’t been around quite long enough to see the pattern.
    They could have said that they are on track to suspend 20 fewer students than has been the case in the past, and World Academy is one reason for that. They could provide actual numbers of how many El Dorado, Oak Grove eighth graders who ‘could have’ chosen to go to Concord High or YV chose instead to go to Mount “all because of the World Academy.”
    But I’d bet they don’t have numbers for things like that.
    Mayby by the time they have to go before the decision makers they’ll put some of those numbers together to punch up their case and make their plea to “forgive” them just one more time…for being asleep at the wheel.

  10. Doctor J Says:

    Gee whiz, I had not seem any Ed Join position notices for these specialized part-time jobs. Julie B-M ought to be able to verify that.

  11. tmharrington Says:

    In the past, it seems like they need to rely on Schrader to figure out this type of information, although you’re right that district staff should have the data.

  12. tmharrington Says:

    Congrats to Northgate HS teacher Rachel Hallquist and Meadow Homes Elem. teacher Theresa Mejia for attaining National Board Certification this year:

    The WCCUSD board recognizes its NCBT teachers on its agenda. I hope MDUSD will do the same. I happen to know both of these teachers and know how committed they are to their students! 🙂

  13. tmharrington Says:

    Here’s the official list of WCCUSD National Board Certified Teachers, which includes Beth Levine, who was a County Teacher of the Year:

  14. Doctor J Says:

    What was Lorie O’Brien’s response ?

  15. Doctor J Says:

    How embarrassing to MDUSD — only 12 National Board Certified Teachers and WCCUSD has 27 ! You can’t blame that on salary schedules !

  16. tmharrington Says:

    There is no board action summary from last night’s meeting yet:

  17. tmharrington Says:

    O’Brien wrote in an email: “The legal notices were posted in accordance with the Brown Act.”

  18. tmharrington Says:

    Speaking of salary schedules, WCCUSD teachers plan to vote on a tentative agreement Wednesday, which the board expects to approve on Thursday:

  19. Doctor J Says:

    A Public Hearing requires 10 days notice and PUBLISHED, not the 24 hours for a Special Board Meeting, posting and internet.

  20. Doctor J Says:

    O’Brien handed out to the Board a printed copy of the filled in electronic Waiver Application — did you get a copy of it ? The old printed version said this about the “Public Hearing” requirement: “A public hearing is not simply a board meeting, but a properly noticed public hearing held during a board meeting at which time the public may testify on the
    waiver proposal. Distribution of local board agenda does not constitute notice of a public hearing. Acceptable ways to advertise include: (1) print a notice that includes the time, date, location, and subject of the hearing in a newspaper of general circulation;”
    Another egregious violation was allowing Lynne Dennler to miss the “public hearing” [tardy again] and then vote on the waiver.

  21. Guest Says:

    A new round in a very old fight.

  22. g. de la verdad Says:

    They didn’t even make the 24 hours!

    “The Mt. Diablo Unified School District Board of Education

    The Mt. Diablo Unified School District Board of Education will hold a PUBLIC HEARING Monday, December 16, 7:30 p.m. MDUSD Dent Center 1936 Carlotta Avenue, Concord, CA Topic: Public Hearing for Quality Investment Education Act (QEIA) Grade Level Core Class Size Averages Class Size Reduction (CSR) General Waiver Applications – Mt. Diablo High School and Oak Grove Middle School On December 16 the Board will consider approving two QEIA CSR Waivers for submission to the State Board of Education to increase the grade level core content class size averages. The public is invited to comment on this issue before the Board makes its decision.
    CCT# 5052769 Dec. 16, 2013 Appeared in: Bay Area News Group on Monday, 12/16/2013

  23. Doctor J Says:

    How deceptive ! I can only assume Lorie O’Brien was behind this ! You know they read the blogs, but when they read them on a Saturday, they can’t publish until Monday !

  24. Doctor J Says:

    How many teachers opt out from MDEA for the political dues portion to save hundreds of dollars a year ? From the article: “To actually opt out as a teacher in California, you must first request, in a specifically worded letter, to be designated as an “agency fee payer.” This means you are no longer part of the union, despite paying collective bargaining dues, and have access to the rebate. As an agency fee payer — demonized by the unions as a freeloader — you must then send annual letters to the California Teachers Association between September 1 and November 15 requesting a rebate. If the letter is stamped outside of those dates, your rebate request will be denied. ” Anyone around here ever done this ?

  25. Doctor J Says:

    Bracco — is it true he was passed over by MDUSD ? He sounds like another Jaime Escalante.

  26. tmharrington Says:

    Here’s the deal WCCUSD teachers have negotiated:

    It includes a 1 percent raise in January, a 3 percent raise in July, increased hourly rate from $31 to $32, stipends increased by 1 percent and 3 percent on the same dates, an increase of $1,000 for National Board Certification from $1,000 to $2,000, and the following health care contributions: $673/mo single party, $1,190/mo two-party, and $1,545/mo family.
    Effective Jan. 2015, new contributions will be set at 80/20, with an assumed increased cost to the district of 10 percent. However, employees hired after July 1, 2016 must attain 15 years of service to qualify for minimum CalPers Health care program.
    The cost of this contract is $1.5 million this year and $4.2 million next year.

  27. g. de la verdad Says:

    Is their Jan. 1% retroactive to last July, and if so, also covers all overtime retroactive too?

  28. tmharrington Says:

    Here’s a very nice tribute by WCCUSD to retired teacher Karen Mason, for whom the English language arts building at DeAnza HS was named on Saturday:

    I will be featuring Mason as a Hometown Hero next month.

  29. Doctor J Says:

    BUT . . .WCCUSD gets more money per pupil under LCFF because it is well over the 55% threshold for ELL’s and Low Socio-economic. Has anyone taken a look at the 6 guiding questions being proposed for stakeholder involvement in the “developing, reviewing, and supporting implementation” of the LCAP ? This would be a major retooling of MDUSD and the timeline they just adopted last week.

  30. Doctor J Says:

    Lisa Boje jumps ship — did you know that “at Mount Diablo Unified, where she coached administrators and worked to turn around the district’s most underperforming schools.” ??? I would be interested to know which schools she turned around.

  31. Doctor J Says:

    TUDA scores show Dr. Nellie knows what it takes to improve academically — but does she have a team in MDUSD that can do it ? Today Principals across MDUSD are mocking the Asst Supt of SASS for wasting their time yesterday in a K-12 principals meeting — first giving them an Alphabet Soup “test” of educational acronyms and then the highlight of the meeting being food and See’s Candies. Taking all the principals away from their campuses and spending taxpayer’s money like that ? No wonder SASS had to increase the number of secretaries — without increasing the support staff at school sites. Read the EdSource article on the TUDA scores.

  32. Doctor J Says:

    Extra: Dr. Nellie likely to be recruited to San Juan Supt. opening in suburban Sacramento. 47,000 students and much lower cost of living. After the TUDA scores came out shining San Diego’s academic progress, Dr. Nellie will be in high demand.

  33. Doctor J Says:

    Extra: Dr. Nellie likely to be recruited for new Supt opening at San Juan in suburban Sacramento: 47,000 students and much lower cost of living. Her success at San Diego in raising academic scores as shown by the TUDA scores, will put her in great demand. What will keep Dr. Nellie in MDUSD ?

  34. Doctor J Says:

    Hints for Dr. Nellie: “Who you recruit and develop and retain is absolutely critical,” he said. “People make or break you in this business.” “Looking back, Jonathan Raymond said that he would have spent more time early on developing a deep leadership team.” Fensterwald’s analysis of Jonathan Raymond’s turnaround of Sacramento City Unified in 4 1/2 years. Raymond’s “Priority Schools” was successful — “Raymond hand-picked the principals for the schools, gave them full hiring authority, created positions for additional teacher coaches and site administrators, provided extra training and time for collaboration, and gave the schools more latitude to choose their curriculum. ” Along with increased attendance and declines in suspensions, API scores in four years rose significantly – 180 points in one case – in six of the seven schools.

  35. tmharrington Says:

    Here’s a new blog post excerpting part of an end-of-the-year interview I did with state Superintendent of Public Instruction Tom Torlakson, which focuses on his plan to run for re-election and his plan to focus more attention on student absenteeism and career technical education:

    Clearly, disproportionality is on his radar. Is MDUSD providing the kinds of interventions he recommends?

  36. tmharrington Says:

    Here’s more on the WCCUSD teacher contract:

  37. tmharrington Says:

    Here is a guest blog post from g. expressing concerns about the Bond Oversight Committee:

  38. tmharrington Says:

    Here’s a story about changes coming to the GED test in 2014 and how MDUSD’s adult ed program is preparing students:

  39. tmharrington Says:

    Here’s an interesting article about coaching of CEOs, which points out that some CEOs request coaching in areas their boards don’t think are weaknesses:

    How closely is the MDUSD board overseeing the coaching that Supt. Meyer is receiving?

  40. tmharrington Says:

    Here’s a nice story about the Diablo Community Day School garden:

  41. Vindex Says:

    Yikes!!! Great catch

  42. Vindex Says:

    Yikes again. That’s pretty pitiful

  43. tmharrington Says:

    Although it’s somewhat surprising that she would reuse the previous letter practically verbatim, at least she also participated in writing the first letter, so it’s not actually plagiarism, per se. Also, I was impressed by Meyer’s responsiveness. After I sent her an email questioning the letter, she called to discuss it with me. The previous superintendent, on the other hand, had a habit of completely ignoring emails or sending very defensive responses.

  44. Vindex Says:

    Theresa. That’s wonderful about her responsiveness. That is a positive thing. I hope she learns not to just reuse letters. It smacks of laziness on a topic that required her attention. I hope she grows from this and her lack of being defensive is a great start

  45. tmharrington Says:

    Here is a new blog post featuring excerpts from an interview I did with a remarkable retired De Anza HS teacher who died on New Year’s Eve. Her commitment to her students and her community inspired those who knew her:

  46. Doctor J Says:

    MDUSD should abandon “COLA” adjustments in management contracts.

  47. tmharrington Says:

    I’ve heard some retired Contra Costa County special ed teachers are upset that the new COE contract only applies to current employees, even though it’s retroactive to 2010-11. Do MDUSD’s retroactive proposals apply to people who have retired?

  48. tmharrington Says:

    I have heard from a Hidden Valley Elem. parent that no announcement was made today about an interim principal. The school’s website still lists Sandy Bruketta as principal. I have left a message for Julie Braun-Martin asking for an update.

  49. tmharrington Says:

    Five East Bay districts have each received $50,000 to help provide advanced learning opportunities in high schools:

    MDUSD is not among them. In Contra Costa County, John Swett, Liberty Union and WCCUSD are getting the money.

  50. Doctor J Says:

    Job was posted on December 5. One month has passed and not filled. No job posting for Lisa Boje’s position — retired SASS Hellena Postrk is now double dipping as a retired annuitant — that will delay hiring for about six months.

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